Sub. H. B. No. 487 As Reported by the Senate Finance Committee

As Reported by the Senate Finance Committee

129th General Assembly

Regular Session

2011-2012

Sub. H. B. No. 487

Representative Amstutz (By Request)

Cosponsors: Representatives Beck, Blair, Buchy, Combs, McClain, Sears, Sprague, Stebelton, Terhar, Wachtmann

A BILL

To amend sections 7.10, 7.16, 9.34, 102.02, 103.05,

105.41, 107.54, 109.33, 109.57, 109.572, 109.801,

119.032, 121.04, 121.08, 121.083, 121.084, 123.01,

123.011, 123.07, 123.09, 123.10, 123.101, 123.13,

123.14, 123.15, 123.152, 123.17, 123.21, 123.48,

123.77, 124.04, 124.06, 124.11, 124.12, 124.14,

124.231, 124.241, 124.25, 124.26, 124.27, 124.30,

124.31, 125.082, 125.14, 126.14, 135.35, 140.01,

140.03, 140.05, 140.08, 145.01, 145.012, 149.43,

151.01, 152.18, 152.24, 153.01, 153.011, 153.013,

153.02, 153.04, 153.06, 153.07, 153.08, 153.09,

153.11, 153.12, 153.14, 153.16, 153.17, 153.502,

153.503, 153.53, 154.01, 167.04, 173.14, 173.21,

173.23, 173.26, 173.27, 173.391, 173.394, 173.40,

173.42, 173.45, 173.46, 185.01, 185.02, 185.03,

185.05, 185.06, 185.07, 185.09, 185.12, 189.04,

189.05, 189.06, 189.08, 306.04, 306.36, 306.55,

307.05, 307.051, 307.055, 313.121, 313.122,

313.16, 329.01, 329.40, 329.41, 329.42, 329.43,

329.44, 329.45, 329.46, 330.04, 339.091, 340.03,

340.05, 340.091, 505.37, 505.375, 505.44, 505.72,

705.18, 749.04, 749.05, 749.18, 901.54, 924.51,

955.16, 955.26, 991.02, 1121.23, 1155.03, 1163.05,

1315.141, 1317.05, 1321.37, 1321.52, 1321.53,

1321.531, 1322.02, 1322.03, 1322.031, 1345.05,

1501.04, 1502.01, 1502.02, 1502.03, 1502.04,

1502.05, 1502.06, 1502.12, 1502.99, 1503.012,

1503.43, 1506.42, 1509.071, 1533.10, 1541.26,

1551.33, 1555.02, 1555.03, 1555.04, 1555.05,

1555.06, 1707.08, 1707.391, 1724.03, 1733.47,

1751.01, 1751.02, 1751.13, 1761.26, 1901.06,

1901.18, 1907.13, 1909.11, 1923.01, 1923.02,

1923.061, 1923.15, 2151.33, 2151.412, 2151.86,

2152.121, 2152.22, 2301.01, 2301.27, 2301.271,

2301.571, 2305.01, 2307.89, 2317.02, 2317.422,

2317.56, 2501.02, 2503.01, 2743.02, 2743.10,

2746.01, 2901.01, 2903.33, 2907.29, 2909.21,

2909.28, 2927.023, 2929.01, 2929.19, 2935.01,

2935.03, 2945.371, 2945.38, 2945.39, 2945.40,

2945.401, 2961.22, 2967.03, 2967.05, 2967.14,

2967.19, 2967.191, 2967.26, 2967.28, 2981.11,

2981.14, 3109.14, 3125.41, 3301.55, 3304.16,

3304.181, 3304.182, 3305.01, 3305.02, 3305.03,

3305.04, 3305.05, 3305.053, 3305.06, 3313.65,

3313.71, 3313.976, 3313.978, 3313.979, 3318.034,

3318.08, 3318.10, 3318.30, 3318.31, 3318.37,

3333.04, 3333.041, 3333.123, 3333.21, 3333.60,

3333.61, 3333.71, 3333.72 3334.08, 3345.16,

3345.28, 3345.50, 3345.51, 3345.54, 3345.69,

3345.692, 3347.03, 3383.02, 3383.07, 3517.20,

3701.021, 3701.023, 3701.024, 3701.025, 3701.03,

3701.05, 3701.07, 3701.072, 3701.11, 3701.132,

3701.146, 3701.161, 3701.20, 3701.201, 3701.21,

3701.221, 3701.23, 3701.232, 3701.24, 3701.241,

3701.242, 3701.248, 3701.341, 3701.342, 3701.343,

3701.344, 3701.345, 3701.347, 3701.352, 3701.40,

3701.503, 3701.507, 3701.508, 3701.509, 3701.57,

3701.63, 3701.74, 3701.87, 3701.881, 3702.141,

3702.31, 3702.51, 3702.52, 3702.522, 3702.523,

3702.524, 3702.525, 3702.526, 3702.53, 3702.531,

3702.54, 3702.55, 3702.56, 3702.57, 3702.59,

3702.592, 3702.593, 3702.594, 3702.60, 3702.62,

3703.01, 3703.03, 3703.04, 3703.05, 3703.06,

3703.07, 3703.08, 3703.10, 3703.21, 3703.99,

3704.035, 3705.24, 3705.242, 3705.30, 3706.19,

3709.03, 3709.04, 3709.06, 3709.085, 3709.09,

3709.092, 3709.32, 3709.35, 3710.01, 3710.02,

3710.04, 3710.05, 3710.051, 3710.06, 3710.07,

3710.08, 3710.09, 3710.10, 3710.12, 3710.13,

3710.17, 3711.04, 3711.06, 3711.08, 3711.12,

3711.21, 3712.03, 3712.04, 3712.09, 3713.01,

3713.02, 3713.03, 3713.04, 3713.05, 3713.06,

3713.07, 3713.08, 3713.09, 3713.10, 3714.073,

3715.01, 3715.025, 3715.60, 3715.61, 3715.62,

3715.68, 3715.87, 3716.01, 3716.03, 3717.01,

3717.04, 3717.05, 3717.07, 3717.45, 3717.51,

3718.02, 3718.021, 3718.022, 3718.05, 3718.06,

3718.07, 3718.09, 3721.01, 3721.011, 3721.02,

3721.03, 3721.032, 3721.04, 3721.07, 3721.071,

3721.121, 3721.13, 3721.21, 3721.28, 3721.29,

3721.50, 3721.51, 3723.06, 3723.07, 3723.09,

3725.02, 3727.01, 3727.42, 3729.01, 3729.02,

3729.03, 3729.04, 3729.07, 3729.08, 3730.10,

3733.02, 3733.021, 3733.022, 3733.024, 3733.025,

3733.03, 3733.04, 3733.05, 3733.06, 3733.07,

3733.08, 3733.09, 3733.091, 3733.10, 3733.101,

3733.11, 3733.12, 3733.121, 3733.122, 3733.123,

3733.13, 3733.14, 3733.15, 3733.17, 3733.18,

3733.19, 3733.20, 3733.41, 3733.42, 3734.01,

3734.131, 3734.15, 3734.51, 3734.55, 3734.79,

3734.82, 3735.37, 3737.83, 3737.841, 3742.01,

3742.02, 3742.03, 3742.04, 3742.05, 3742.30,

3742.31, 3742.32, 3742.47, 3742.50, 3743.04,

3743.06, 3743.19, 3743.25, 3745.01, 3745.11,

3745.112, 3748.04, 3748.05, 3748.07, 3748.10,

3748.12, 3748.13, 3748.15, 3748.20, 3749.02,

3749.03, 3749.04, 3752.06, 3770.06, 3781.03,

3781.06, 3781.102, 3781.11, 3781.112, 3783.05,

3791.02, 3791.04, 3791.05, 3791.07, 3791.11,

3791.12, 3793.04, 3793.09, 3905.36, 4104.01,

100

4104.02, 4104.06, 4104.07, 4104.08, 4104.09,

101

4104.10, 4104.101, 4104.12, 4104.15, 4104.16,

102

4104.17, 4104.18, 4104.19, 4104.21, 4104.33,

103

4104.42, 4104.43, 4104.44, 4104.48, 4105.01,

104

4105.02, 4105.03, 4105.04, 4105.05, 4105.06,

105

4105.09, 4105.11, 4105.12, 4105.13, 4105.15,

106

4105.16, 4105.17, 4105.191, 4105.20, 4105.21,

107

4115.10, 4115.101, 4121.04, 4121.123, 4121.30,

108

4123.20, 4123.35, 4123.54, 4123.57, 4141.35,

109

4163.07, 4169.02, 4169.03, 4169.04, 4171.04,

110

4301.30, 4303.181, 4303.22, 4313.02, 4501.01,

111

4501.06, 4501.271, 4503.031, 4503.061, 4503.062,

112

4503.49, 4503.81, 4506.01, 4506.03, 4506.22,

113

4506.25, 4507.01, 4507.011, 4507.12, 4507.51,

114

4508.02, 4510.037, 4510.038, 4511.191, 4511.78,

115

4511.98, 4513.18, 4513.263, 4513.50, 4712.01,

116

4723.481, 4730.42, 4731.052, 4731.22, 4735.01,

117

4735.02, 4735.052, 4735.10, 4735.13, 4735.14,

118

4735.141, 4735.142, 4735.74, 4736.01, 4740.03,

119

4740.11, 4740.14, 4743.05, 4763.05, 4765.02,

120

4765.03, 4765.04, 4765.05, 4765.06, 4765.07,

121

4765.08, 4765.09, 4765.10, 4765.101, 4765.102,

122

4765.11, 4765.111, 4765.112, 4765.113, 4765.114,

123

4765.115, 4765.116, 4765.12, 4765.15, 4765.16,

124

4765.17, 4765.18, 4765.22, 4765.23, 4765.28,

125

4765.29, 4765.30, 4765.31, 4765.32, 4765.33,

126

4765.37, 4765.38, 4765.39, 4765.40, 4765.42,

127

4765.48, 4765.49, 4765.55, 4765.56, 4766.01,

128

4766.03, 4766.04, 4766.05, 4766.07, 4766.08,

129

4766.09, 4766.10, 4766.11, 4766.12, 4766.13,

130

4766.15, 4766.22, 4773.08, 4781.01, 4781.02,

131

4781.04, 4781.07, 4781.09, 4781.14, 4781.15,

132

4781.16, 4781.99, 4905.01, 4905.02, 4905.03,

133

4905.05, 4905.06, 4905.402, 4905.54, 4905.57,

134

4905.58, 4905.84, 4905.90, 4907.01, 4907.02,

135

4907.04, 4907.08, 4907.19, 4907.28, 4907.35,

136

4907.37, 4907.43, 4907.49, 4907.57, 4907.59,

137

4907.60, 4907.61, 4907.62, 4909.01, 4909.02,

138

4909.03, 4909.17, 4909.22, 4909.24, 4909.28,

139

4911.01, 4927.01, 4929.01, 4929.02, 4929.041,

140

4933.18, 4933.19, 4939.01, 4953.04, 4961.03,

141

4965.54, 5101.01, 5101.46, 5101.60, 5101.61,

142

5101.97, 5104.012, 5104.013, 5104.051, 5104.09,

143

5104.37, 5107.05, 5107.16, 5107.17, 5111.01,

144

5111.013, 5111.014, 5111.0115, 5111.0120,

145

5111.031, 5111.032, 5111.033, 5111.034, 5111.06,

146

5111.091, 5111.113, 5111.16, 5111.161, 5111.171,

147

5111.20, 5111.222, 5111.23, 5111.242, 5111.254,

148

5111.862, 5111.874, 5111.877, 5111.878, 5111.89,

149

5111.894, 5111.941, 5111.97, 5112.31, 5112.33,

150

5112.341, 5112.37, 5112.371, 5112.39, 5119.22,

151

5119.61, 5119.69, 5119.691, 5119.99, 5120.036,

152

5120.105, 5120.132, 5120.66, 5122.31, 5123.01,

153

5123.033, 5123.042, 5123.044, 5123.0412,

154

5123.0414, 5123.0415, 5123.081, 5123.16, 5123.161,

155

5123.162, 5123.163, 5123.164, 5123.166, 5123.169,

156

5123.171, 5123.19, 5123.31, 5123.38, 5123.41,

157

5123.50, 5123.51, 5123.542, 5123.61, 5123.89,

158

5126.023, 5126.0220, 5126.0221, 5126.043,

159

5126.046, 5126.055, 5126.13, 5126.15, 5126.20,

160

5126.21, 5126.22, 5126.25, 5126.251, 5126.51,

161

5139.41, 5139.43, 5149.311, 5155.14, 5501.04,

162

5501.07, 5502.01, 5502.011, 5503.02, 5503.04,

163

5503.21, 5503.22, 5503.23, 5503.34, 5516.02,

164

5516.06, 5701.13, 5703.05, 5705.08, 5705.19,

165

5705.25, 5705.28, 5705.30, 5705.34, 5705.35,

166

5705.38, 5709.084, 5709.12, 5709.121, 5709.212,

167

5709.43, 5709.62, 5709.63, 5709.632, 5709.73,

168

5709.75, 5709.80, 5713.03, 5719.13, 5725.14,

169

5725.15, 5725.16, 5725.17, 5725.22, 5725.221,

170

5731.39, 5733.064, 5739.01, 5739.02, 5743.03,

171

5743.031, 5751.033, 5751.12, 6109.21, 6111.46,

172

6117.39, and 6119.11; to amend, for the purpose of

173

adopting new section numbers as indicated in

174

parentheses, sections 123.011 (123.22), 123.024

175

(123.06), 123.04 (123.02), 123.07 (123.03), 123.08

176

(123.18), 123.09 (123.04), 123.10 (123.05),

177

123.101 (123.27), 123.11 (123.07), 123.13

178

(123.08), 123.14 (123.09), 123.15 (123.10), 123.17

179

(123.24), 123.21 (123.11), 123.46 (123.12), 123.47

180

(123.13), 123.48 (123.14), 123.49 (123.15), 123.77

181

(123.17), 185.01 (3701.92), 185.02 (3701.923),

182

185.03 (3701.924), 185.05 (3701.925), 185.06

183

(3701.926), 185.07 (3701.927), 185.09 (3701.928),

184

185.12 (3701.929), 1502.01 (3736.01), 1502.02

185

(3736.03), 1502.03 (3736.02), 1502.04 (3736.04),

186

1502.05 (3736.05), 1502.06 (3736.06), 1502.07

187

(3736.07), 1502.12 (3734.822), 1502.99 (3736.99),

188

3702.522 (3702.521), 3702.523 (3702.522), 3702.524

189

(3702.523), 3702.525 (3702.524), 3702.526

190

(3702.525), 3733.02 (4781.26), 3733.021 (4781.31),

191

3733.022 (4781.32), 3733.024 (4781.33), 3733.025

192

(4781.34), 3733.03 (4781.27), 3733.04 (4781.28),

193

3733.05 (4781.29), 3733.06 (4781.30), 3733.07

194

(4781.301), 3733.08 (4781.35), 3733.09 (4781.36),

195

3733.091 (4781.37), 3733.10 (4781.38), 3733.101

196

(4781.39), 3733.11 (4781.40), 3733.12 (4781.41),

197

3733.121 (4781.42), 3733.122 (4781.43), 3733.123

198

(4781.44), 3733.13 (4781.45), 3733.14 (4781.46),

199

3733.15 (4781.47), 3733.16 (4781.48), 3733.17

200

(4781.49), 3733.18 (4781.50), 3733.19 (4781.51),

201

3733.20 (4781.52), 5123.169 (5123.1610), 5503.21

202

(5502.05), 5503.22 (5502.06), and 5503.23

203

(5502.07); to enact new sections 123.21, 3701.33,

204

3701.34, 3702.526, 4905.80, 4905.81, 4921.01,

205

4921.03, 4921.05, 4921.07, 4921.09, 4921.11,

206

4921.13, 4921.15, 4921.16, 4921.19, 4921.25,

207

4921.30, 4921.32, 4921.36, 4921.38, 4923.01,

208

4923.02, 4923.04, 4923.06, 4923.07, 4923.09,

209

4923.11, 4923.99, 5123.169, and 5123.192 and

210

sections 101.312, 119.033, 121.35, 123.20,

211

123.201, 123.23, 123.26, 127.163, 127.164,

212

171.021, 189.041, 191.01, 191.02, 191.04, 191.06,

213

505.59, 901.53, 1321.537, 1321.538, 1322.042,

214

1322.043, 1533.081, 2329.192, 3305.031, 3305.032,

215

3356.10, 3366.05, 3375.405, 3701.77, 3701.771,

216

3701.772, 3701.773, 3701.774, 3701.775, 3701.921,

217

3701.922, 3701.93, 3701.931, 3701.932, 3701.933,

218

3701.934, 3701.935, 3701.936, 3701.937, 3701.938,

219

3701.9310, 3701.9311, 3701.9312, 3701.9314,

220

3702.511, 3702.527, 3793.041, 3798.01, 3798.02,

221

3798.03, 3798.04, 3798.06, 3798.07, 3798.08,

222

3798.10, 3798.12, 3798.13, 3798.14, 3798.15,

223

3798.16, 4731.297, 4781.121, 4781.54, 4921.21,

224

4921.34, 4923.15, 5111.246, 5111.946, 5111.96,

225

5112.331, 5139.511, 5705.252, 5705.72, and

226

5713.012; and to repeal sections 185.04, 185.08,

227

185.10, 185.11, 2909.32, 2909.33, 2909.34,

228

3301.68, 3333.049, 3333.0411, 3333.33, 3333.70,

229

3333.80, 3334.111, 3354.23, 3701.02, 3701.032,

230

3701.12, 3701.33, 3701.34, 3701.35, 3702.521,

231

3702.5210, 3702.5211, 3702.5212, 3702.5213,

232

3702.58, 3702.591, 3733.01, 3733.031, 3745.111,

233

3781.183, 3791.043, 4113.11, 4121.18, 4766.02,

234

4766.20, 4905.80, 4905.801, 4905.81, 4905.82,

235

4905.83, 4919.75, 4919.76, 4919.77, 4919.78,

236

4919.79, 4919.99, 4921.01, 4921.02, 4921.03,

237

4921.04, 4921.05, 4921.06, 4921.07, 4921.08,

238

4921.09, 4921.10, 4921.101, 4921.11, 4921.12,

239

4921.13, 4921.14, 4921.15, 4921.16, 4921.17,

240

4921.18, 4921.19, 4921.20, 4921.23, 4921.24,

241

4921.25, 4921.26, 4921.27, 4921.28, 4921.30,

242

4921.31, 4921.32, 4921.35, 4921.36, 4921.37,

243

4921.38, 4921.39, 4921.40, 4921.99, 4923.01,

244

4923.02, 4923.03, 4923.04, 4923.05, 4923.06,

245

4923.07, 4923.08, 4923.09, 4923.10, 4923.11,

246

4923.12, 4923.13, 4923.14, 4923.17, 4923.20,

247

4923.26, 4923.99, 5111.651, 5119.614, 5119.692,

248

5119.693, 5119.70, 5119.701, 5119.71, 5119.711,

249

5119.712, 5119.72, 5119.73, 5119.731, 5119.74,

250

5119.75, 5119.76, 5119.77, 5119.78, 5119.79,

251

5119.80, 5119.81, 5119.82, 5119.83, 5119.84,

252

5119.85, 5119.86, 5119.87, 5119.88, 5123.082,

253

5123.083, 5123.192, 5126.0222, 5126.252, 5126.26,

254

5126.27, 5126.28, 5126.281, 5126.29, and 5501.09

255

of the Revised Code; to repeal section 3356.10 of

256

the Revised Code five years after the effective

257

date of that section; to amend Section 753.20 of

258

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

259

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

260

General Assembly, as subsequently amended, Section

261

201 of Sub. H.B. 123 of the 129th General

262

Assembly, Section 1 of H.B. 124 of the 129th

263

General Assembly, Sections 205.10, 207.10,

264

207.10.80, 207.20.10, 207.20.30, 207.20.90,

265

209.10, 209.20, 209.30, 211.10, 215.10, 215.20,

266

223.10, 229.10, 243.10, 261.10.40, 261.10.70,

267

261.20.40, 261.20.50, 261.20.60, 261.20.80,

268

261.20.90, 261.30.10, 261.30.20, 261.30.30,

269

261.30.40, 261.30.60, 261.30.70, 261.30.80,

270

261.30.90, 261.40.10, 263.10, 263.10.30,

271

263.10.90, 263.20.40, 263.20.70, 267.10,

272

267.10.10, 267.10.20, 267.10.40, 267.30.20,

273

267.30.40, 279.10, 283.10, 287.10, 291.10, 307.10,

274

309.10, 309.30.10, 309.30.30, 309.30.33,

275

309.30.53, 309.30.73, 309.35.73, 313.10, 315.10,

276

323.10, 327.10, 335.10, 337.10, 343.10, 343.40,

277

365.10, 367.10, 369.10, 371.10, 371.30.30,

278

371.50.61, 371.50.65, 371.60.80, 373.10, 375.10,

279

379.10, 387.10, 403.10, 411.10, 415.10, 503.50,

280

and 521.70 of Am. Sub. H.B. 153 of the 129th

281

General Assembly, Sections 247.10, 261.10, and

282

261.20.93 of Am. Sub. H.B. 153 of the 129th

283

General Assembly, as subsequently amended, Section

284

4 of Sub. S.B. 171 of the 129th General Assembly,

285

Section 701.10 of Sub. S.B. 312 of the 129th

286

General Assembly, Section 3 of Am. Sub. S.B. 160

287

of the 121st General Assembly, and Section 3 of

288

Am. Sub. S.B. 38 of the 120th General Assembly; to

289

repeal Sections 261.10.10, 261.10.20, 261.10.30,

290

261.10.50, 261.10.60, 261.10.80, 261.10.90,

291

261.20.10, 261.20.20, 261.20.70, 261.30.50, and

292

263.10.80 of Am. Sub. H.B. 153 of the 129th

293

General Assembly; and Section 2 of Am. Sub. S.B.

294

63 of the 121st General Assembly and to amend the

295

versions of sections 5122.31, 5123.19, and 5123.61

296

of the Revised Code that are scheduled to take

297

effect October 1, 2012, to continue the provisions

298

of this act on and after that effective date; to

299

make operating and other appropriations and to

300

provide authorization and conditions for the

301

operation of state programs.

302

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

Section 101.01. That sections 7.10, 7.16, 9.34, 102.02,	303
103.05, 105.41, 107.54, 109.33, 109.57, 109.572, 109.801, 119.032,	304
121.04, 121.08, 121.083, 121.084, 123.01, 123.011, 123.07, 123.09,	305
123.10, 123.101, 123.13, 123.14, 123.15, 123.152, 123.17, 123.21,	306
123.48, 123.77, 124.04, 124.06, 124.11, 124.12, 124.14, 124.231,	307
124.241, 124.25, 124.26, 124.27, 124.30, 124.31, 125.082, 125.14,	308
126.14, 135.35, 140.01, 140.03, 140.05, 140.08, 145.01, 145.012,	309
149.43, 151.01, 152.18, 152.24, 153.01, 153.011, 153.013, 153.02,	310
153.04, 153.06, 153.07, 153.08, 153.09, 153.11, 153.12, 153.14,	311
153.16, 153.17, 153.502, 153.503, 153.53, 154.01, 167.04, 173.14,	312
173.21, 173.23, 173.26, 173.27, 173.391, 173.394, 173.40, 173.42,	313
173.45, 173.46, 185.01, 185.02, 185.03, 185.05, 185.06, 185.07,	314
185.09, 185.12, 189.04, 189.05, 189.06, 189.08, 306.04, 306.36,	315
306.55, 307.05, 307.051, 307.055, 313.121, 313.122, 313.16,	316
329.01, 329.40, 329.41, 329.42, 329.43, 329.44, 329.45, 329.46,	317
330.04, 339.091, 340.03, 340.05, 340.091, 505.37, 505.375, 505.44,	318
505.72, 705.18, 749.04, 749.05, 749.18, 901.54, 924.51, 955.16,	319
955.26, 991.02, 1121.23, 1155.03, 1163.05, 1315.141, 1317.05,	320
1321.37, 1321.52, 1321.53, 1321.531, 1322.02, 1322.03, 1322.031,	321
1345.05, 1501.04, 1502.01, 1502.02, 1502.03, 1502.04, 1502.05,	322
1502.06, 1502.12, 1502.99, 1503.012, 1503.43, 1506.42, 1509.071,	323
1533.10, 1541.26, 1551.33, 1555.02, 1555.03, 1555.04, 1555.05,	324
1555.06, 1707.08, 1707.391, 1724.03, 1733.47, 1751.01, 1751.02,	325
1751.13, 1761.26, 1901.06, 1901.18, 1907.13, 1909.11, 1923.01,	326
1923.02, 1923.061, 1923.15, 2151.33, 2151.412, 2151.86, 2152.121,	327
2152.22, 2301.01, 2301.27, 2301.271, 2301.571, 2305.01, 2307.89,	328
2317.02, 2317.422, 2317.56, 2501.02, 2503.01, 2743.02, 2743.10,	329
2746.01, 2901.01, 2903.33, 2907.29, 2909.21, 2909.28, 2927.023,	330
2929.01, 2929.19, 2935.01, 2935.03, 2945.371, 2945.38, 2945.39,	331
2945.40, 2945.401, 2961.22, 2967.03, 2967.05, 2967.14, 2967.19,	332
2967.191, 2967.26, 2967.28, 2981.11, 2981.14, 3109.14, 3125.41,	333
3301.55, 3304.16, 3304.181, 3304.182, 3305.01, 3305.02, 3305.03,	334
3305.04, 3305.05, 3305.053, 3305.06, 3313.65, 3313.71, 3313.976,	335
3313.978, 3313.979, 3318.034, 3318.08, 3318.10, 3318.30, 3318.31,	336
3318.37, 3333.04, 3333.041, 3333.123, 3333.21, 3333.60, 3333.61,	337
3333.71, 3333.72, 3334.08, 3345.16, 3345.28, 3345.50, 3345.51,	338
3345.54, 3345.69, 3345.692, 3347.03, 3383.02, 3383.07, 3517.20,	339
3701.021, 3701.023, 3701.024, 3701.025, 3701.03, 3701.05, 3701.07,	340
3701.072, 3701.11, 3701.132, 3701.146, 3701.161, 3701.20,	341
3701.201, 3701.21, 3701.221, 3701.23, 3701.232, 3701.24, 3701.241,	342
3701.242, 3701.248, 3701.341, 3701.342, 3701.343, 3701.344,	343
3701.345, 3701.347, 3701.352, 3701.40, 3701.503, 3701.507,	344
3701.508, 3701.509, 3701.57, 3701.63, 3701.74, 3701.87, 3701.881,	345
3702.141, 3702.31, 3702.51, 3702.52, 3702.522, 3702.523, 3702.524,	346
3702.525, 3702.526, 3702.53, 3702.531, 3702.54, 3702.55, 3702.56,	347
3702.57, 3702.59, 3702.592, 3702.593, 3702.594, 3702.60, 3702.62,	348
3703.01, 3703.03, 3703.04, 3703.05, 3703.06, 3703.07, 3703.08,	349
3703.10, 3703.21, 3703.99, 3704.035, 3705.24, 3705.242, 3705.30,	350
3706.19, 3709.03, 3709.04, 3709.06, 3709.085, 3709.09, 3709.092,	351
3709.32, 3709.35, 3710.01, 3710.02, 3710.04, 3710.05, 3710.051,	352
3710.06, 3710.07, 3710.08, 3710.09, 3710.10, 3710.12, 3710.13,	353
3710.17, 3711.04, 3711.06, 3711.08, 3711.12, 3711.21, 3712.03,	354
3712.04, 3712.09, 3713.01, 3713.02, 3713.03, 3713.04, 3713.05,	355
3713.06, 3713.07, 3713.08, 3713.09, 3713.10, 3714.073, 3715.01,	356
3715.025, 3715.60, 3715.61, 3715.62, 3715.68, 3715.87, 3716.01,	357
3716.03, 3717.01, 3717.04, 3717.05, 3717.07, 3717.45, 3717.51,	358
3718.02, 3718.021, 3718.022, 3718.05, 3718.06, 3718.07, 3718.09,	359
3721.01, 3721.011, 3721.02, 3721.03, 3721.032, 3721.04, 3721.07,	360
3721.071, 3721.121, 3721.13, 3721.21, 3721.28, 3721.29, 3721.50,	361
3721.51, 3723.06, 3723.07, 3723.09, 3725.02, 3727.01, 3727.42,	362
3729.01, 3729.02, 3729.03, 3729.04, 3729.07, 3729.08, 3730.10,	363
3733.02, 3733.021, 3733.022, 3733.024, 3733.025, 3733.03, 3733.04,	364
3733.05, 3733.06, 3733.07, 3733.08, 3733.09, 3733.091, 3733.10,	365
3733.101, 3733.11, 3733.12, 3733.121, 3733.122, 3733.123, 3733.13,	366
3733.14, 3733.15, 3733.17, 3733.18, 3733.19, 3733.20, 3733.41,	367
3733.42, 3734.01, 3734.131, 3734.15, 3734.51, 3734.55, 3734.79,	368
3734.82, 3735.37, 3737.83, 3737.841, 3742.01, 3742.02, 3742.03,	369
3742.04, 3742.05, 3742.30, 3742.31, 3742.32, 3742.47, 3742.50,	370
3743.04, 3743.06, 3743.19, 3743.25, 3745.01, 3745.11, 3745.112,	371
3748.04, 3748.05, 3748.07, 3748.10, 3748.12, 3748.13, 3748.15,	372
3748.20, 3749.02, 3749.03, 3749.04, 3752.06, 3770.06, 3781.03,	373
3781.06, 3781.102, 3781.11, 3781.112, 3783.05, 3791.02, 3791.04,	374
3791.05, 3791.07, 3791.11, 3791.12, 3793.04, 3793.09, 3905.36,	375
4104.01, 4104.02, 4104.06, 4104.07, 4104.08, 4104.09, 4104.10,	376
4104.101, 4104.12, 4104.15, 4104.16, 4104.17, 4104.18, 4104.19,	377
4104.21, 4104.33, 4104.42, 4104.43, 4104.44, 4104.48, 4105.01,	378
4105.02, 4105.03, 4105.04, 4105.05, 4105.06, 4105.09, 4105.11,	379
4105.12, 4105.13, 4105.15, 4105.16, 4105.17, 4105.191, 4105.20,	380
4105.21, 4115.10, 4115.101, 4121.04, 4121.123, 4121.30, 4123.20,	381
4123.35, 4123.54, 4123.57, 4141.35, 4163.07, 4169.02, 4169.03,	382
4169.04, 4171.04, 4301.30, 4303.181, 4303.22, 4313.02, 4501.01,	383
4501.06, 4501.271, 4503.031, 4503.061, 4503.062, 4503.49, 4503.81,	384
4506.01, 4506.03, 4506.22, 4506.25, 4507.01, 4507.011, 4507.12,	385
4507.51, 4508.02, 4510.037, 4510.038, 4511.191, 4511.78, 4511.98,	386
4513.18, 4513.263, 4513.50, 4712.01, 4723.481, 4730.42, 4731.052,	387
4731.22, 4735.01, 4735.02, 4735.052, 4735.10, 4735.13, 4735.14,	388
4735.141, 4735.142, 4735.74, 4736.01, 4740.03, 4740.11, 4740.14,	389
4743.05, 4763.05, 4765.02, 4765.03, 4765.04, 4765.05, 4765.06,	390
4765.07, 4765.08, 4765.09, 4765.10, 4765.101, 4765.102, 4765.11,	391
4765.111, 4765.112, 4765.113, 4765.114, 4765.115, 4765.116,	392
4765.12, 4765.15, 4765.16, 4765.17, 4765.18, 4765.22, 4765.23,	393
4765.28, 4765.29, 4765.30, 4765.31, 4765.32, 4765.33, 4765.37,	394
4765.38, 4765.39, 4765.40, 4765.42, 4765.48, 4765.49, 4765.55,	395
4765.56, 4766.01, 4766.03, 4766.04, 4766.05, 4766.07, 4766.08,	396
4766.09, 4766.10, 4766.11, 4766.12, 4766.13, 4766.15, 4766.22,	397
4773.08, 4781.01, 4781.02, 4781.04, 4781.07, 4781.09, 4781.14,	398
4781.15, 4781.16, 4781.99, 4905.01, 4905.02, 4905.03, 4905.05,	399
4905.06, 4905.402, 4905.54, 4905.57, 4905.58, 4905.84, 4905.90,	400
4907.01, 4907.02, 4907.04, 4907.08, 4907.19, 4907.28, 4907.35,	401
4907.37, 4907.43, 4907.49, 4907.57, 4907.59, 4907.60, 4907.61,	402
4907.62, 4909.01, 4909.02, 4909.03, 4909.17, 4909.22, 4909.24,	403
4909.28, 4911.01, 4927.01, 4929.01, 4929.02, 4929.041, 4933.18,	404
4933.19, 4939.01, 4953.04, 4961.03, 4965.54, 5101.01, 5101.46,	405
5101.60, 5101.61, 5101.97, 5104.012, 5104.013, 5104.051, 5104.09,	406
5104.37, 5107.05, 5107.16, 5107.17, 5111.01, 5111.013, 5111.014,	407
5111.0115, 5111.0120, 5111.031, 5111.032, 5111.033, 5111.034,	408
5111.06, 5111.091, 5111.113, 5111.16, 5111.161, 5111.171, 5111.20,	409
5111.222, 5111.23, 5111.242, 5111.254, 5111.862, 5111.874,	410
5111.877, 5111.878, 5111.89, 5111.894, 5111.941, 5111.97, 5112.31,	411
5112.33, 5112.341, 5112.37, 5112.371, 5112.39, 5119.22, 5119.61,	412
5119.69, 5119.691, 5119.99, 5120.036, 5120.105, 5120.132, 5120.66,	413
5122.31, 5123.01, 5123.033, 5123.042, 5123.044, 5123.0412,	414
5123.0414, 5123.0415, 5123.081, 5123.16, 5123.161, 5123.162,	415
5123.163, 5123.164, 5123.166, 5123.169, 5123.171, 5123.19,	416
5123.31, 5123.38, 5123.41, 5123.50, 5123.51, 5123.542, 5123.61,	417
5123.89, 5126.023, 5126.0220, 5126.0221, 5126.043, 5126.046,	418
5126.055, 5126.13, 5126.15, 5126.20, 5126.21, 5126.22, 5126.25,	419
5126.251, 5126.51, 5139.41, 5139.43, 5149.311, 5155.14, 5501.04,	420
5501.07, 5502.01, 5502.011, 5503.02, 5503.04, 5503.21, 5503.22,	421
5503.23, 5503.34, 5516.02, 5516.06, 5701.13, 5703.05, 5705.08,	422
5705.19, 5705.25, 5705.28, 5705.30, 5705.34, 5705.35, 5705.38,	423
5709.084, 5709.12, 5709.121, 5709.212, 5709.43, 5709.62, 5709.63,	424
5709.632, 5709.73, 5709.75, 5709.80, 5713.03, 5719.13, 5725.14,	425
5725.15, 5725.16, 5725.17, 5725.22, 5725.221, 5731.39, 5733.064,	426
5739.01, 5739.02, 5743.03, 5743.031, 5751.033, 5751.12, 6109.21,	427
6111.46, 6117.39, and 6119.11 be amended; sections 123.011	428
(123.22), 123.024 (123.06), 123.04 (123.02), 123.07 (123.03),	429
123.08 (123.18), 123.09 (123.04), 123.10 (123.05), 123.101	430
(123.27), 123.11 (123.07), 123.13 (123.08), 123.14 (123.09),	431
123.15 (123.10), 123.17 (123.24), 123.21 (123.11), 123.46	432
(123.12), 123.47 (123.13), 123.48 (123.14), 123.49 (123.15),	433
123.77 (123.17), 185.01 (3701.92), 185.02 (3701.923), 185.03	434
(3701.924), 185.05 (3701.925), 185.06 (3701.926), 185.07	435
(3701.927), 185.09 (3701.928), 185.12 (3701.929), 1502.01	436
(3736.01), 1502.02 (3736.03), 1502.03 (3736.02), 1502.04	437
(3736.04), 1502.05 (3736.05), 1502.06 (3736.06), 1502.07	438
(3736.07), 1502.12 (3734.822), 1502.99 (3736.99), 3702.522	439
(3702.521), 3702.523 (3702.522), 3702.524 (3702.523), 3702.525	440
(3702.524), 3702.526 (3702.525), 3733.02 (4781.26), 3733.021	441
(4781.31), 3733.022 (4781.32), 3733.024 (4781.33), 3733.025	442
(4781.34), 3733.03 (4781.27), 3733.04 (4781.28), 3733.05	443
(4781.29), 3733.06 (4781.30), 3733.07 (4781.301), 3733.08	444
(4781.35), 3733.09 (4781.36), 3733.091 (4781.37), 3733.10	445
(4781.38), 3733.101 (4781.39), 3733.11 (4781.40), 3733.12	446
(4781.41), 3733.121 (4781.42), 3733.122 (4781.43), 3733.123	447
(4781.44), 3733.13 (4781.45), 3733.14 (4781.46), 3733.15	448
(4781.47), 3733.16 (4781.48), 3733.17 (4781.49), 3733.18	449
(4781.50), 3733.19 (4781.51), 3733.20 (4781.52), 5123.169	450
(5123.1610), 5503.21 (5502.05), 5503.22 (5502.06), and 5503.23	451
(5502.07) be amended for the purpose of adopting new section	452
numbers as indicated in parentheses; and new sections 123.21,	453
3701.33, 3701.34, 3702.526, 4905.80, 4905.81, 4921.01, 4921.03,	454
4921.05, 4921.07, 4921.09, 4921.11, 4921.13, 4921.15, 4921.16,	455
4921.19, 4921.25, 4921.30, 4921.32, 4921.36, 4921.38, 4923.01,	456
4923.02, 4923.04, 4923.06, 4923.07, 4923.09, 4923.11, 4923.99,	457
5123.169, and 5123.192 and sections 101.312, 119.033, 121.35,	458
123.20, 123.201, 123.23, 123.26, 127.163, 127.164, 171.021,	459
189.041, 191.01, 191.02, 191.04, 191.06, 505.59, 901.53, 1321.537,	460
1321.538, 1322.042, 1322.043, 1533.081, 2329.192, 3305.031,	461
3305.032, 3356.10, 3366.05, 3375.405, 3701.77, 3701.771, 3701.772,	462
3701.773, 3701.774, 3701.775, 3701.921, 3701.922, 3701.93,	463
3701.931, 3701.932, 3701.933, 3701.934, 3701.935, 3701.936,	464
3701.937, 3701.938, 3701.9310, 3701.9311, 3701.9312, 3701.9314,	465
3702.511, 3702.527, 3793.041, 3798.01, 3798.02, 3798.03, 3798.04,	466
3798.06, 3798.07, 3798.08, 3798.10, 3798.12, 3798.13, 3798.14,	467
3798.15, 3798.16, 4731.297, 4781.121, 4781.54, 4921.21, 4921.34,	468
4923.15, 5111.246, 5111.946, 5111.96, 5112.331, 5139.511,	469
5705.252, 5705.72, and 5713.012 of the Revised Code be enacted to	470
read as follows:	471

Sec. 7.10. For the publication of advertisements, notices,	472
and proclamations, except those relating to proposed amendments to	473
the Ohio Constitution, required to be published by a public	474
officer of the state,, a benevolent or other public institution, a	475
trustee, assignee, executor, or administrator, or by or in any	476
court of record, except when the rate is otherwise fixed by law,	477
publishers of newspapers may charge and receive for such	478
advertisements, notices, and proclamations rates charged on annual	479
contracts by them for a like amount of space to other advertisers	480
who advertise in its general display advertising columns.	481

For the publication of advertisements, notices, or	482
proclamations required to be published by a public officer of a	483
county, municipal corporation, township, school, or other	484
political subdivision, publishers of newspapers shall establish a	485
government rate, which shall include free publication of	486
advertisements, notices, or proclamations on the newspaper's	487
internet web site, if the newspaper has one. The government rate	488
shall not exceed the lowest classified advertising rate and lowest	489
insert rate paid by other advertisers.	490

Legal advertising, except that relating to proposed	491
amendments to the Ohio Constitution, shall be set up in a compact	492
form, without unnecessary spaces, blanks, or headlines, and	493
printed in not smaller than six-point type. The type used must be	494
of such proportions that the body of the capital letter M is no	495
wider than it is high and all other letters and characters are in	496
proportion.	497

Except as provided in section 2701.09 of the Revised Code,	498
all legal advertisements or notices shall be printed in ~~newspapers~~	499
a newspaper of general circulation ~~and also shall be posted on the~~	500
~~state public notice web site created under section 125.182 of the~~	501
~~Revised Code,~~ and on athe newspaper's internet web site, if the	502
newspaper has one.	503

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

504

(1) "State agency" means any organized body, office, agency,	505
institution, or other entity established by the laws of the state	506
for the exercise of any function of state government, including	507
state institutions of higher education, as defined in section	508
3345.011 of the Revised Code.	509

(2) "Political subdivision" has the meaning defined in	510
section 2744.01 of the Revised Code.	511

(B) If a section of the Revised Code or an administrative	512
rule requires a state agency or a political subdivision ~~of the~~	513
~~state~~ to publish a notice or advertisement two or more times in a	514
newspaper of general circulation and the section or administrative	515
rule refers to this section, the first publication of the notice	516
or advertisement shall be made in its entirety in a newspaper of	517
general circulation and may be made in a preprinted insert in the	518
newspaper, but the second publication otherwise required by that	519
section or administrative rule may be made in abbreviated form in	520
a newspaper of general circulation in the state or in the	521
political subdivision, as designated in that section or	522
administrative rule, and on the newspaper's internet web site, if	523
the newspaper has one. The state agency or political subdivision	524
may eliminate any further newspaper publications required by that	525
section or administrative rule, provided that the second,	526
abbreviated notice or advertisement meets all of the following	527
requirements:	528

(1) It is published in the newspaper of general circulation	529
in which the first publication of the notice or advertisement was	530
made and is published on that newspaper's internet web site, if	531
the newspaper has one.	532

(2) It is published on the state public notice web site	533
established under section 125.182 of the Revised Code.	534

(3) It includes a title, followed by a summary paragraph or	535
statement that clearly describes the specific purpose of the	536
notice or advertisement, and includes a statement that the notice	537
or advertisement is posted in its entirety on the state public	538
notice web site ~~established under section 125.182 of the Revised~~	539
~~Code~~. The notice or advertisement also may be posted on the state	540
agency's or political subdivision's internet web site.	541

~~(3)~~(4) It includes the internet addresses of the state public	542
notice web site, and of the newspaper's and state agency's or	543
political subdivision's internet web site if the notice or	544
advertisement is posted on those web sites, and the name, address,	545
telephone number, and electronic mail address of the state agency,	546
political subdivision, or other party responsible for publication	547
of the notice or advertisement.	548

~~(B)~~(C) A notice or advertisement published under this section	549
on an internet web site shall be published in its entirety in	550
accordance with the section of the Revised Code or the	551
administrative rule that requires the publication.	552

~~(C)~~(D) If ~~a state agency or political subdivision does not~~	553
~~operate and maintain, or ceases to operate and maintain, an~~	554
~~internet web site, and if~~ the state public notice web site	555
established under section 125.182 of the Revised Code is not	556
operational, the state agency or political subdivision shall not	557
publish a notice or advertisement under this section, but instead	558
shall comply with the publication requirements of the section of	559
the Revised Code or the administrative rule that refers to this	560
section.	561

Sec. 9.34. (A) The fiscal year of the state ~~and of~~, every	562
school district, and, beginning July 1, 2013, the city of	563
Cincinnati, shall begin on the first day of July of each calendar	564
year and end at the close of the thirtieth day of June of the	565
succeeding calendar year. The fiscal year of every school library	566
district, and all political subdivisions or taxing ~~districts~~units	567
except school districts and the city of Cincinnati, and of every	568
officer, department, commission, board, or institution thereof,	569
shall begin at the opening of the first day of January of each	570
calendar year and end at the close of the succeeding thirty-first	571
day of December. Except as otherwise provided for school districts	572
and as otherwise provided in division (B) of this section, all	573
laws relating to the levying of taxes, the collection,	574
appropriation, or expenditure of revenues, or the making of	575
financial reports or statements for a fiscal year or other year	576
refer and apply to the fiscal year as defined in this division.	577
Reports required by sections 3319.32 to 3319.37 of the Revised	578
Code shall be for the school year as defined in section 3313.62 of	579
the Revised Code.	580

(B) Nothing in this section prohibits a subdivision, other	581
than a school district or county school financing district, from	582
using a different fiscal year or other fiscal period for one or	583
more of its funds, including when that fiscal year or period is	584
the same as the fiscal year of an entity providing money for the	585
fund or the fiscal period of a capital project. Use of a different	586
fiscal year or period shall be consistent with generally accepted	587
accounting principles, and shall be approved by the fiscal officer	588
of the subdivision and by the auditor of state. If a subdivision	589
uses a different fiscal year or period under this section, the	590
auditor of state may require the subdivision to continue to	591
maintain financial reports or statements on the basis of the	592
fiscal year prescribed by division (A) of this section.	593

(C) Taxes or other revenues collected in or on hand in any	594
fiscal year for the purposes of the next or any subsequent fiscal	595
year shall not be appropriated or expended prior to such next or	596
subsequent year. School district property taxes shall be subject	597
to appropriation as provided in division (B) of section 5705.35 of	598
the Revised Code. Budgets shall be designated and known by the	599
fiscal year for the purposes for which they are made.	600

(D) As used in this section, "fiscal officer," "school	601
library district," "subdivision," and "taxing ~~district~~unit" have	602
the same meanings as in section 5705.01 of the Revised Code.	603

Sec. 101.312. (A) The person serving as the senate sergeant	604
at arms or employed as an assistant senate sergeant at arms has	605
all of the authority of a peace officer as specified in division	606
(B) of this section, and one of the following shall apply to that	607
person:	608

(1) The person is serving as the senate sergeant at arms or	609
is employed as an assistant senate sergeant at arms on the	610
effective date of this section and previously had been awarded a	611
certificate by the executive director of the Ohio peace officer	612
training commission attesting to the person's satisfactory	613
completion of an approved state, county, municipal, or department	614
of natural resources peace officer basic training program.	615

(2) The person previously has been awarded a certificate by	616
the executive director of the Ohio peace officer training	617
commission attesting to the person's satisfactory completion of an	618
approved state, county, municipal, or department of natural	619
resources peace officer basic training program, the person	620
previously has been employed as a peace officer, the prior	621
employment of the person as a peace officer contains no breaks in	622
service that would require the person to receive updated training	623
by the Ohio peace officer training academy, and the person has	624
successfully completed a firearms requalification program under	625
section 109.801 of the Revised Code.	626

(3) The person previously has been awarded a certificate by	627
the executive director of the Ohio peace officer training	628
commission attesting to the person's satisfactory completion of an	629
approved state, county, municipal, or department of natural	630
resources peace officer basic training program, the person	631
previously has been employed as a peace officer, the prior	632
employment of the person as a peace officer contains a break in	633
service of one year or more but not more than four years that	634
would require the person to receive updated training under state	635
law, the person has received all updated training required by law,	636
and the person has successfully completed a firearms	637
requalification program under section 109.801 of the Revised Code.	638

(4) The person previously has been employed as a trooper of	639
the state highway patrol, within one year prior to employment as	640
the senate sergeant at arms the person had arrest authority as a	641
trooper of the state highway patrol, and the person has	642
successfully completed a firearms requalification program under	643
section 109.801 of the Revised Code.	644

(5) The person previously has been employed as a trooper of	645
the state highway patrol, the prior employment as a trooper of the	646
state highway patrol contains a break in service of one year or	647
more but not more than four years that would require the person to	648
receive updated training under state law, the person has received	649
all updated training required by law, and the person has	650
successfully completed a firearms requalification program under	651
section 109.801 of the Revised Code.	652

(B) The senate sergeant at arms and an assistant senate	653
sergeant at arms have the authority specified under section	654
2935.03 of the Revised Code for peace officers to enforce all	655
state laws, municipal ordinances, and township resolutions and to	656
make arrests for any violation of those laws, ordinances, and	657
resolutions in the statehouse or anywhere in the state where the	658
senate sergeant at arms or the assistant sergeant at arms is	659
engaged in the performance of the senate sergeant at arms's or	660
assistant sergeant at arms's official duties. The jurisdiction of	661
the senate sergeant at arms and of an assistant senate sergeant at	662
arms is concurrent with that of peace officers of the county,	663
township, or municipal corporation in which the violation occurs	664
and with the state highway patrol.	665

(C) Upon receiving a written recommendation from the clerk of	666
the senate, the president of the senate may issue to the senate	667
sergeant at arms a commission indicating the sergeant at arms's	668
authority to make arrests as provided in this section. The	669
president of the senate, upon the recommendation of the senate	670
sergeant at arms, may issue to each assistant senate sergeant at	671
arms a commission indicating the assistant sergeant at arms's	672
authority to make arrests as provided in this section. The	673
president of the senate shall furnish a suitable badge to the	674
senate sergeant at arms and to each commissioned assistant senate	675
sergeant at arms as evidence of the senate sergeant at arms's or	676
assistant senate sergeant at arms's authority.	677

(D) In order to maintain employment as the senate sergeant at	678
arms or to be an assistant sergeant at arms with all of the	679
authority of a peace officer, the sergeant at arms or assistant	680
shall comply with all continuing professional training	681
requirements for peace officers established in rules that the	682
attorney general adopts under section 109.74 of the Revised Code	683
and shall comply with firearms requalification requirements	684
established under section 109.801 of the Revised Code. The senate	685
sergeant at arms or assistant sergeant at arms shall provide	686
appropriate proof of the sergeant at arms's or assistant's	687
compliance with the continuing professional training requirements	688
and firearms requalification requirements to the clerk of the	689
senate. The Ohio peace officer training academy, a state, county,	690
municipal, or department of natural resources training program, or	691
any other program offering continuing training of that nature	692
shall admit the senate sergeant at arms or an assistant senate	693
sergeant at arms to all necessary continuing training programs.	694

(E) This section does not affect or abridge the authority or	695
responsibility of the state highway patrol.	696

Sec. 102.02. (A) Except as otherwise provided in division	697
(H) of this section, all of the following shall file with the	698
appropriate ethics commission the disclosure statement described	699
in this division on a form prescribed by the appropriate	700
commission: every person who is elected to or is a candidate for a	701
state, county, or city office or an office of a township with a	702
population of five thousand or more, as determined by the most	703
recent federal decennial census, and every person who is appointed	704
to fill a vacancy for an unexpired term in such an elective	705
office; all members of the state board of education; the director,	706
assistant directors, deputy directors, division chiefs, or persons	707
of equivalent rank of any administrative department of the state;	708
the president or other chief administrative officer of every state	709
institution of higher education as defined in section 3345.011 of	710
the Revised Code; the executive director and the members of the	711
capitol square review and advisory board appointed or employed	712
pursuant to section 105.41 of the Revised Code; all members of the	713
Ohio casino control commission, the executive director of the	714
commission, all professional employees of the commission, and all	715
technical employees of the commission who perform an internal	716
audit function; the individuals set forth in division (B)(2) of	717
section 187.03 of the Revised Code; the chief executive officer	718
and the members of the board of each state retirement system; each	719
employee of a state retirement board who is a state retirement	720
system investment officer licensed pursuant to section 1707.163 of	721
the Revised Code; the members of the Ohio retirement study council	722
appointed pursuant to division (C) of section 171.01 of the	723
Revised Code; employees of the Ohio retirement study council,	724
other than employees who perform purely administrative or clerical	725
functions; the administrator of workers' compensation and each	726
member of the bureau of workers' compensation board of directors;	727
the bureau of workers' compensation director of investments; the	728
chief investment officer of the bureau of workers' compensation;	729
all members of the board of commissioners on grievances and	730
discipline of the supreme court and the ethics commission created	731
under section 102.05 of the Revised Code; every business manager,	732
treasurer, or superintendent of a city, local, exempted village,	733
joint vocational, or cooperative education school district or an	734
educational service center; every person who is elected to or is a	735
candidate for the office of member of a board of education of a	736
city, local, exempted village, joint vocational, or cooperative	737
education school district or of a governing board of an	738
educational service center that has a total student count of	739
twelve thousand or more as most recently determined by the	740
department of education pursuant to section 3317.03 of the Revised	741
Code; every person who is appointed to the board of education of a	742
municipal school district pursuant to division (B) or (F) of	743
section 3311.71 of the Revised Code; all members of the board of	744
directors of a sanitary district that is established under Chapter	745
6115. of the Revised Code and organized wholly for the purpose of	746
providing a water supply for domestic, municipal, and public use,	747
and that includes two municipal corporations in two counties;	748
every public official or employee who is paid a salary or wage in	749
accordance with schedule C of section 124.15 or schedule E-2 of	750
section 124.152 of the Revised Code; members of the board of	751
trustees and the executive director of the southern Ohio	752
agricultural and community development foundation; all members	753
appointed to the Ohio livestock care standards board under section	754
904.02 of the Revised Code; and every other public official or	755
employee who is designated by the appropriate ethics commission	756
pursuant to division (B) of this section.	757

The disclosure statement shall include all of the following:

758

(1) The name of the person filing the statement and each	759
member of the person's immediate family and all names under which	760
the person or members of the person's immediate family do	761
business;	762

(2)(a) Subject to divisions (A)(2)(b) and (c) of this section	763
and except as otherwise provided in section 102.022 of the Revised	764
Code, identification of every source of income, other than income	765
from a legislative agent identified in division (A)(2)(b) of this	766
section, received during the preceding calendar year, in the	767
person's own name or by any other person for the person's use or	768
benefit, by the person filing the statement, and a brief	769
description of the nature of the services for which the income was	770
received. If the person filing the statement is a member of the	771
general assembly, the statement shall identify the amount of every	772
source of income received in accordance with the following ranges	773
of amounts: zero or more, but less than one thousand dollars; one	774
thousand dollars or more, but less than ten thousand dollars; ten	775
thousand dollars or more, but less than twenty-five thousand	776
dollars; twenty-five thousand dollars or more, but less than fifty	777
thousand dollars; fifty thousand dollars or more, but less than	778
one hundred thousand dollars; and one hundred thousand dollars or	779
more. Division (A)(2)(a) of this section shall not be construed to	780
require a person filing the statement who derives income from a	781
business or profession to disclose the individual items of income	782
that constitute the gross income of that business or profession,	783
except for those individual items of income that are attributable	784
to the person's or, if the income is shared with the person, the	785
partner's, solicitation of services or goods or performance,	786
arrangement, or facilitation of services or provision of goods on	787
behalf of the business or profession of clients, including	788
corporate clients, who are legislative agents. A person who files	789
the statement under this section shall disclose the identity of	790
and the amount of income received from a person who the public	791
official or employee knows or has reason to know is doing or	792
seeking to do business of any kind with the public official's or	793
employee's agency.	794

(b) If the person filing the statement is a member of the	795
general assembly, the statement shall identify every source of	796
income and the amount of that income that was received from a	797
legislative agent during the preceding calendar year, in the	798
person's own name or by any other person for the person's use or	799
benefit, by the person filing the statement, and a brief	800
description of the nature of the services for which the income was	801
received. Division (A)(2)(b) of this section requires the	802
disclosure of clients of attorneys or persons licensed under	803
section 4732.12 of the Revised Code, or patients of persons	804
certified under section 4731.14 of the Revised Code, if those	805
clients or patients are legislative agents. Division (A)(2)(b) of	806
this section requires a person filing the statement who derives	807
income from a business or profession to disclose those individual	808
items of income that constitute the gross income of that business	809
or profession that are received from legislative agents.	810

(c) Except as otherwise provided in division (A)(2)(c) of	811
this section, division (A)(2)(a) of this section applies to	812
attorneys, physicians, and other persons who engage in the	813
practice of a profession and who, pursuant to a section of the	814
Revised Code, the common law of this state, a code of ethics	815
applicable to the profession, or otherwise, generally are required	816
not to reveal, disclose, or use confidences of clients, patients,	817
or other recipients of professional services except under	818
specified circumstances or generally are required to maintain	819
those types of confidences as privileged communications except	820
under specified circumstances. Division (A)(2)(a) of this section	821
does not require an attorney, physician, or other professional	822
subject to a confidentiality requirement as described in division	823
(A)(2)(c) of this section to disclose the name, other identity, or	824
address of a client, patient, or other recipient of professional	825
services if the disclosure would threaten the client, patient, or	826
other recipient of professional services, would reveal details of	827
the subject matter for which legal, medical, or professional	828
advice or other services were sought, or would reveal an otherwise	829
privileged communication involving the client, patient, or other	830
recipient of professional services. Division (A)(2)(a) of this	831
section does not require an attorney, physician, or other	832
professional subject to a confidentiality requirement as described	833
in division (A)(2)(c) of this section to disclose in the brief	834
description of the nature of services required by division	835
(A)(2)(a) of this section any information pertaining to specific	836
professional services rendered for a client, patient, or other	837
recipient of professional services that would reveal details of	838
the subject matter for which legal, medical, or professional	839
advice was sought or would reveal an otherwise privileged	840
communication involving the client, patient, or other recipient of	841
professional services.	842

(3) The name of every corporation on file with the secretary	843
of state that is incorporated in this state or holds a certificate	844
of compliance authorizing it to do business in this state, trust,	845
business trust, partnership, or association that transacts	846
business in this state in which the person filing the statement or	847
any other person for the person's use and benefit had during the	848
preceding calendar year an investment of over one thousand dollars	849
at fair market value as of the thirty-first day of December of the	850
preceding calendar year, or the date of disposition, whichever is	851
earlier, or in which the person holds any office or has a	852
fiduciary relationship, and a description of the nature of the	853
investment, office, or relationship. Division (A)(3) of this	854
section does not require disclosure of the name of any bank,	855
savings and loan association, credit union, or building and loan	856
association with which the person filing the statement has a	857
deposit or a withdrawable share account.	858

(4) All fee simple and leasehold interests to which the	859
person filing the statement holds legal title to or a beneficial	860
interest in real property located within the state, excluding the	861
person's residence and property used primarily for personal	862
recreation;	863

(5) The names of all persons residing or transacting business	864
in the state to whom the person filing the statement owes, in the	865
person's own name or in the name of any other person, more than	866
one thousand dollars. Division (A)(5) of this section shall not be	867
construed to require the disclosure of debts owed by the person	868
resulting from the ordinary conduct of a business or profession or	869
debts on the person's residence or real property used primarily	870
for personal recreation, except that the superintendent of	871
financial institutions shall disclose the names of all	872
state-chartered savings and loan associations and of all service	873
corporations subject to regulation under division (E)(2) of	874
section 1151.34 of the Revised Code to whom the superintendent in	875
the superintendent's own name or in the name of any other person	876
owes any money, and that the superintendent and any deputy	877
superintendent of banks shall disclose the names of all	878
state-chartered banks and all bank subsidiary corporations subject	879
to regulation under section 1109.44 of the Revised Code to whom	880
the superintendent or deputy superintendent owes any money.	881

(6) The names of all persons residing or transacting business	882
in the state, other than a depository excluded under division	883
(A)(3) of this section, who owe more than one thousand dollars to	884
the person filing the statement, either in the person's own name	885
or to any person for the person's use or benefit. Division (A)(6)	886
of this section shall not be construed to require the disclosure	887
of clients of attorneys or persons licensed under section 4732.12	888
or 4732.15 of the Revised Code, or patients of persons certified	889
under section 4731.14 of the Revised Code, nor the disclosure of	890
debts owed to the person resulting from the ordinary conduct of a	891
business or profession.	892

(7) Except as otherwise provided in section 102.022 of the	893
Revised Code, the source of each gift of over seventy-five	894
dollars, or of each gift of over twenty-five dollars received by a	895
member of the general assembly from a legislative agent, received	896
by the person in the person's own name or by any other person for	897
the person's use or benefit during the preceding calendar year,	898
except gifts received by will or by virtue of section 2105.06 of	899
the Revised Code, or received from spouses, parents, grandparents,	900
children, grandchildren, siblings, nephews, nieces, uncles, aunts,	901
brothers-in-law, sisters-in-law, sons-in-law, daughters-in-law,	902
fathers-in-law, mothers-in-law, or any person to whom the person	903
filing the statement stands in loco parentis, or received by way	904
of distribution from any inter vivos or testamentary trust	905
established by a spouse or by an ancestor;	906

(8) Except as otherwise provided in section 102.022 of the	907
Revised Code, identification of the source and amount of every	908
payment of expenses incurred for travel to destinations inside or	909
outside this state that is received by the person in the person's	910
own name or by any other person for the person's use or benefit	911
and that is incurred in connection with the person's official	912
duties, except for expenses for travel to meetings or conventions	913
of a national or state organization to which any state agency,	914
including, but not limited to, any legislative agency or state	915
institution of higher education as defined in section 3345.011 of	916
the Revised Code, pays membership dues, or any political	917
subdivision or any office or agency of a political subdivision	918
pays membership dues;	919

(9) Except as otherwise provided in section 102.022 of the	920
Revised Code, identification of the source of payment of expenses	921
for meals and other food and beverages, other than for meals and	922
other food and beverages provided at a meeting at which the person	923
participated in a panel, seminar, or speaking engagement or at a	924
meeting or convention of a national or state organization to which	925
any state agency, including, but not limited to, any legislative	926
agency or state institution of higher education as defined in	927
section 3345.011 of the Revised Code, pays membership dues, or any	928
political subdivision or any office or agency of a political	929
subdivision pays membership dues, that are incurred in connection	930
with the person's official duties and that exceed one hundred	931
dollars aggregated per calendar year;	932

(10) If the disclosure statement is filed by a public	933
official or employee described in division (B)(2) of section	934
101.73 of the Revised Code or division (B)(2) of section 121.63 of	935
the Revised Code who receives a statement from a legislative	936
agent, executive agency lobbyist, or employer that contains the	937
information described in division (F)(2) of section 101.73 of the	938
Revised Code or division (G)(2) of section 121.63 of the Revised	939
Code, all of the nondisputed information contained in the	940
statement delivered to that public official or employee by the	941
legislative agent, executive agency lobbyist, or employer under	942
division (F)(2) of section 101.73 or (G)(2) of section 121.63 of	943
the Revised Code.	944

A person may file a statement required by this section in	945
person or by mail. A person who is a candidate for elective office	946
shall file the statement no later than the thirtieth day before	947
the primary, special, or general election at which the candidacy	948
is to be voted on, whichever election occurs soonest, except that	949
a person who is a write-in candidate shall file the statement no	950
later than the twentieth day before the earliest election at which	951
the person's candidacy is to be voted on. A person who holds	952
elective office shall file the statement on or before the	953
fifteenth day of April of each year unless the person is a	954
candidate for office. A person who is appointed to fill a vacancy	955
for an unexpired term in an elective office shall file the	956
statement within fifteen days after the person qualifies for	957
office. Other persons shall file an annual statement on or before	958
the fifteenth day of April or, if appointed or employed after that	959
date, within ninety days after appointment or employment. No	960
person shall be required to file with the appropriate ethics	961
commission more than one statement or pay more than one filing fee	962
for any one calendar year.	963

The appropriate ethics commission, for good cause, may extend	964
for a reasonable time the deadline for filing a statement under	965
this section.	966

A statement filed under this section is subject to public	967
inspection at locations designated by the appropriate ethics	968
commission except as otherwise provided in this section.	969

(B) The Ohio ethics commission, the joint legislative ethics	970
committee, and the board of commissioners on grievances and	971
discipline of the supreme court, using the rule-making procedures	972
of Chapter 119. of the Revised Code, may require any class of	973
public officials or employees under its jurisdiction and not	974
specifically excluded by this section whose positions involve a	975
substantial and material exercise of administrative discretion in	976
the formulation of public policy, expenditure of public funds,	977
enforcement of laws and rules of the state or a county or city, or	978
the execution of other public trusts, to file an annual statement	979
on or before the fifteenth day of April under division (A) of this	980
section. The appropriate ethics commission shall send the public	981
officials or employees written notice of the requirement by the	982
fifteenth day of February of each year the filing is required	983
unless the public official or employee is appointed after that	984
date, in which case the notice shall be sent within thirty days	985
after appointment, and the filing shall be made not later than	986
ninety days after appointment.	987

Except for disclosure statements filed by members of the	988
board of trustees and the executive director of the southern Ohio	989
agricultural and community development foundation, disclosure	990
statements filed under this division with the Ohio ethics	991
commission by members of boards, commissions, or bureaus of the	992
state for which no compensation is received other than reasonable	993
and necessary expenses shall be kept confidential. Disclosure	994
statements filed with the Ohio ethics commission under division	995
(A) of this section by business managers, treasurers, and	996
superintendents of city, local, exempted village, joint	997
vocational, or cooperative education school districts or	998
educational service centers shall be kept confidential, except	999
that any person conducting an audit of any such school district or	1000
educational service center pursuant to section 115.56 or Chapter	1001
117. of the Revised Code may examine the disclosure statement of	1002
any business manager, treasurer, or superintendent of that school	1003
district or educational service center. Disclosure statements	1004
filed with the Ohio ethics commission under division (A) of this	1005
section by the individuals set forth in division (B)(2) of section	1006
187.03 of the Revised Code shall be kept confidential. The Ohio	1007
ethics commission shall examine each disclosure statement required	1008
to be kept confidential to determine whether a potential conflict	1009
of interest exists for the person who filed the disclosure	1010
statement. A potential conflict of interest exists if the private	1011
interests of the person, as indicated by the person's disclosure	1012
statement, might interfere with the public interests the person is	1013
required to serve in the exercise of the person's authority and	1014
duties in the person's office or position of employment. If the	1015
commission determines that a potential conflict of interest	1016
exists, it shall notify the person who filed the disclosure	1017
statement and shall make the portions of the disclosure statement	1018
that indicate a potential conflict of interest subject to public	1019
inspection in the same manner as is provided for other disclosure	1020
statements. Any portion of the disclosure statement that the	1021
commission determines does not indicate a potential conflict of	1022
interest shall be kept confidential by the commission and shall	1023
not be made subject to public inspection, except as is necessary	1024
for the enforcement of Chapters 102. and 2921. of the Revised Code	1025
and except as otherwise provided in this division.	1026

(C) No person shall knowingly fail to file, on or before the	1027
applicable filing deadline established under this section, a	1028
statement that is required by this section.	1029

(D) No person shall knowingly file a false statement that is	1030
required to be filed under this section.	1031

(E)(1) Except as provided in divisions (E)(2) and (3) of this	1032
section, the statement required by division (A) or (B) of this	1033
section shall be accompanied by a filing fee of ~~forty~~sixty	1034
dollars.	1035

(2) The statement required by division (A) of this section	1036
shall be accompanied by the following filing fee to be paid by the	1037
person who is elected or appointed to, or is a candidate for, any	1038
of the following offices:	1039

For state office, except member of the		1040
state board of education	$95	1041
For office of member of general assembly	$40	1042
For county office	$60	1043
For city office	$35	1044
For township office	$35	1045
For office of member of the state board		1046
of education	~~$25~~ $35	1047
~~For office of member of the Ohio~~		1048
~~livestock care standards board~~	~~$.....~~	1049
For office of member of a city, local,		1050
exempted village, or cooperative		1051
education board of		1052
education or educational service		1053
center governing board	$30	1054
For position of business manager,		1055
treasurer, or superintendent of a		1056
city, local, exempted village, joint		1057
vocational, or cooperative education		1058
school district or		1059
educational service center	$30	1060

(3) No judge of a court of record or candidate for judge of a	1061
court of record, and no referee or magistrate serving a court of	1062
record, shall be required to pay the fee required under division	1063
(E)(1) or (2) or (F) of this section.	1064

(4) For any public official who is appointed to a nonelective	1065
office of the state and for any employee who holds a nonelective	1066
position in a public agency of the state, the state agency that is	1067
the primary employer of the state official or employee shall pay	1068
the fee required under division (E)(1) or (F) of this section.	1069

(F) If a statement required to be filed under this section is	1070
not filed by the date on which it is required to be filed, the	1071
appropriate ethics commission shall assess the person required to	1072
file the statement a late filing fee of ten dollars for each day	1073
the statement is not filed, except that the total amount of the	1074
late filing fee shall not exceed two hundred fifty dollars.	1075

(G)(1) The appropriate ethics commission other than the Ohio	1076
ethics commission and the joint legislative ethics committee shall	1077
deposit all fees it receives under divisions (E) and (F) of this	1078
section into the general revenue fund of the state.	1079

(2) The Ohio ethics commission shall deposit all receipts,	1080
including, but not limited to, fees it receives under divisions	1081
(E) and (F) of this section, investigative or other fees, costs,	1082
or other funds it receives as a result of court orders, and all	1083
moneys it receives from settlements under division (G) of section	1084
102.06 of the Revised Code, into the Ohio ethics commission fund,	1085
which is hereby created in the state treasury. All moneys credited	1086
to the fund shall be used solely for expenses related to the	1087
operation and statutory functions of the commission.	1088

(3) The joint legislative ethics committee shall deposit all	1089
receipts it receives from the payment of financial disclosure	1090
statement filing fees under divisions (E) and (F) of this section	1091
into the joint legislative ethics committee investigative fund.	1092

(H) Division (A) of this section does not apply to a person	1093
elected or appointed to the office of precinct, ward, or district	1094
committee member under Chapter 3517. of the Revised Code; a	1095
presidential elector; a delegate to a national convention; village	1096
~~or township~~ officials and employees; township officials of a	1097
township with a population of less than five thousand, as	1098
determined by the most recent decennial census; all township	1099
employees; any physician or psychiatrist who is paid a salary or	1100
wage in accordance with schedule C of section 124.15 or schedule	1101
E-2 of section 124.152 of the Revised Code and whose primary	1102
duties do not require the exercise of administrative discretion;	1103
or any member of a board, commission, or bureau of any county or	1104
city who receives less than one thousand dollars per year for	1105
serving in that position.	1106

Sec. 103.05. (A) The director of the legislative service	1107
commission shall be the codifier of the rules of the	1108
administrative agencies of the state. When a rule is filed under	1109
section 111.15, 119.04, 4141.14, or 5703.14 of the Revised Code,	1110
the director or the director's designee shall examine the rule. If	1111
the rule is not numbered or if the numbering of the rule is not in	1112
conformity with the system established by the director, the	1113
director shall give the rule its proper number by designating the	1114
proper number on the left hand margin of the rule. The number	1115
shall be the official administrative code number of the rule. Any	1116
number so assigned shall be published in any publication of the	1117
administrative code. Rules of the administrative code shall be	1118
cited and referred to by such official numbers.	1119

The legislative service commission shall, pursuant to section	1120
111.15 of the Revised Code, adopt, amend, and rescind any rules	1121
that are necessary to provide a uniform administrative code; to	1122
provide standards for use by the director in determining whether	1123
to include in the administrative code the full text of, or a	1124
reference to, any rule filed with the commission; to permit the	1125
director to discharge the director's duties and exercise the	1126
director's powers as described in this section; and to permit the	1127
director to discharge the director's duties and exercise the	1128
director's powers with respect to establishing and maintaining,	1129
and enhancing and improving, the electronic rule-filing system	1130
under section 103.0511 of the Revised Code.	1131

When the commission adopts rules to provide standards for use	1132
by the director in determining whether to include the full text	1133
of, or a reference to, a rule in the administrative code, it shall	1134
consider all of the following:	1135

(1) Whether the rule applies uniformly to all citizens of the	1136
state;	1137

(2) Whether the rule applies uniformly to all political	1138
subdivisions of the state;	1139

(3) Whether the rule affects the health, welfare, and safety	1140
of the citizens of the state;	1141

(4) Whether the rule applies only to the internal affairs of	1142
the agency adopting the rule;	1143

(5) The number of persons affected by the rule;

1144

(6) Whether the rule affects the statutory or constitutional	1145
rights of any person.	1146

The director or the director's designee shall accept any rule	1147
that is filed under section 111.15, 119.04, 4141.14, or 5703.14 of	1148
the Revised Code. If the director or the director's designee	1149
accepts a rule that is not in compliance with the rules of the	1150
commission, the director shall give notice of the noncompliance in	1151
electronic form to the agency that filed the rule within thirty	1152
days after the date on which the rule is filed. The notice shall	1153
indicate why the rule does not comply with the rules of the	1154
commission and how the rule can be brought into compliance. The	1155
failure of the director to give an agency notice within the	1156
thirty-day period shall presumptively establish that the rule	1157
complies with the rules of the commission.	1158

(B) Any person may publish an acceptable code. The director	1159
shall approve as acceptable any person's publication of the code	1160
conforming to the requirements of this division.	1161

An Ohio administrative code approved as acceptable by the	1162
director shall:	1163

(1) Contain a compilation of the full text of, or a reference	1164
to, each rule filed under sections 111.15, 119.04, 4141.14, and	1165
5703.14 of the Revised Code;	1166

(2) Presumptively establish the rules of all agencies	1167
adopting rules under section 111.15, 4141.14, 5703.14, or Chapter	1168
119. of the Revised Code that are in effect on the day of its	1169
initial publication;	1170

(3) Contain the full text of, or a reference to, each rule	1171
adopted after its initial publication and be updated at least	1172
quarterly;	1173

(4) Contain an index of the rules and references to rules	1174
that are included in the code and each supplement using terms	1175
easily understood by the general public;	1176

(5) Be published in electronic or print format following, to	1177
the extent possible, the subject matter arrangement of the Revised	1178
Code;	1179

(6) Be numbered according to the numbering system devised by	1180
the director.	1181

(C) ~~If the director does not approve as acceptable any~~	1182
~~publication of the administrative code, the~~The director~~, subject~~	1183
~~to division (D) of this section,~~ may prepare and publish the code,	1184
or contract with any person under this division to prepare and	1185
publish the code. Any code published under this division shall	1186
include all of the requirements of division (B) of this section.	1187
In addition, the director shall furnish any code or supplement	1188
published under this division to any person who requests the code	1189
or supplement upon payment of a charge established by the	1190
director, not to exceed the cost of preparation and publication.	1191

Upon the request of the director of the legislative service	1192
commission under this division, the director of administrative	1193
services, in accordance with the competitive selection procedure	1194
of Chapter 125. of the Revised Code, shall let a contract for the	1195
compilation, preparation, and printing or publication of the	1196
administrative code and supplements.	1197

~~(D) The director shall not prepare and publish the~~	1198
~~administrative code in a print mode or any other mode under~~	1199
~~division (B) or (C) of this section unless no other person is~~	1200
~~willing and qualified to publish a version of the code in that~~	1201
~~mode that the director has approved as acceptable.~~	1202

Sec. 105.41. (A) There is hereby created in the legislative	1203
branch of government the capitol square review and advisory board,	1204
consisting of ~~thirteen~~twelve members as follows:	1205

(1) Two members of the senate, appointed by the president of	1206
the senate, both of whom shall not be members of the same	1207
political party;	1208

(2) Two members of the house of representatives, appointed by	1209
the speaker of the house of representatives, both of whom shall	1210
not be members of the same political party;	1211

(3) ~~Five~~Four members appointed by the governor, with the	1212
advice and consent of the senate, not more than three of whom	1213
shall be members of the same political party, one of whom shall be	1214
the chief of staff of the governor's office, one of whom shall	1215
represent the Ohio arts council, one of whom shall represent the	1216
Ohio historical society, ~~one of whom shall represent the Ohio~~	1217
~~building authority,~~ and one of whom shall represent the public at	1218
large;	1219

(4) One member, who shall be a former president of the	1220
senate, appointed by the current president of the senate. If the	1221
current president of the senate, in the current president's	1222
discretion, decides for any reason not to make the appointment or	1223
if no person is eligible or available to serve, the seat shall	1224
remain vacant.	1225

(5) One member, who shall be a former speaker of the house of	1226
representatives, appointed by the current speaker of the house of	1227
representatives. If the current speaker of the house of	1228
representatives, in the current speaker's discretion, decides for	1229
any reason not to make the appointment or if no person is eligible	1230
or available to serve, the seat shall remain vacant.	1231

(6) The clerk of the senate and the clerk of the house of	1232
representatives.	1233

(B) Terms of office of each appointed member of the board	1234
shall be for three years, except that members of the general	1235
assembly appointed to the board shall be members of the board only	1236
so long as they are members of the general assembly and the chief	1237
of staff of the governor's office shall be a member of the board	1238
only so long as the appointing governor remains in office. Each	1239
member shall hold office from the date of the member's appointment	1240
until the end of the term for which the member was appointed. In	1241
case of a vacancy occurring on the board, the president of the	1242
senate, the speaker of the house of representatives, or the	1243
governor, as the case may be, shall in the same manner prescribed	1244
for the regular appointment to the commission, fill the vacancy by	1245
appointing a member. Any member appointed to fill a vacancy	1246
occurring prior to the expiration of the term for which the	1247
member's predecessor was appointed shall hold office for the	1248
remainder of the term. Any appointed member shall continue in	1249
office subsequent to the expiration date of the member's term	1250
until the member's successor takes office, or until a period of	1251
sixty days has elapsed, whichever occurs first.	1252

(C) The board shall hold meetings in a manner and at times	1253
prescribed by the rules adopted by the board. A majority of the	1254
board constitutes a quorum, and no action shall be taken by the	1255
board unless approved by at least six members or by at least seven	1256
members if a person is appointed under division (A)(4) or (5) of	1257
this section. At its first meeting, the board shall adopt rules	1258
for the conduct of its business and the election of its officers,	1259
and shall organize by selecting a chairperson and other officers	1260
as it considers necessary. Board members shall serve without	1261
compensation but shall be reimbursed for actual and necessary	1262
expenses incurred in the performance of their duties.	1263

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

1264

(1) Employ or hire on a consulting basis professional,	1265
technical, and clerical employees as are necessary for the	1266
performance of its duties. All employees of the board are in the	1267
unclassified service and serve at the pleasure of the board. For	1268
purposes of section 4117.01 of the Revised Code, employees of the	1269
board shall be considered employees of the general assembly,	1270
except that employees who are covered by a collective bargaining	1271
agreement on ~~the effective date of this amendment~~September 29,	1272
2011, shall remain subject to the agreement until the agreement	1273
expires on its terms, and the agreement shall not be extended or	1274
renewed. Upon expiration of the agreement, the employees are	1275
considered employees of the general assembly for purposes of	1276
section 4117.01 of the Revised Code and are in the unclassified	1277
service and serve at the pleasure of the board.	1278

(2) Hold public hearings at times and places as determined by	1279
the board;	1280

(3) Adopt, amend, or rescind rules necessary to accomplish	1281
the duties of the board as set forth in this section;	1282

(4) Sponsor, conduct, and support such social events as the	1283
board may authorize and consider appropriate for the employees of	1284
the board, employees and members of the general assembly,	1285
employees of persons under contract with the board or otherwise	1286
engaged to perform services on the premises of capitol square, or	1287
other persons as the board may consider appropriate. Subject to	1288
the requirements of Chapter 4303. of the Revised Code, the board	1289
may provide beer, wine, and intoxicating liquor, with or without	1290
charge, for those events and may use funds only from the sale of	1291
goods and services fund to purchase the beer, wine, and	1292
intoxicating liquor the board provides;	1293

(5) Purchase a warehouse in which to store items of the	1294
capitol collection trust and, whenever necessary, equipment or	1295
other property of the board.	1296

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

1297

(1) Have sole authority to coordinate and approve any	1298
improvements, additions, and renovations that are made to the	1299
capitol square. The improvements shall include, but not be limited	1300
to, the placement of monuments and sculpture on the capitol	1301
grounds.	1302

(2) Subject to section 3353.07 of the Revised Code, operate	1303
the capitol square, and have sole authority to regulate all uses	1304
of the capitol square. The uses shall include, but not be limited	1305
to, the casual and recreational use of the capitol square.	1306

(3) Employ, fix the compensation of, and prescribe the duties	1307
of the executive director of the board and other employees the	1308
board considers necessary for the performance of its powers and	1309
duties;	1310

(4) Establish and maintain the capitol collection trust. The	1311
capitol collection trust shall consist of furniture, antiques, and	1312
other items of personal property that the board shall store in	1313
suitable facilities until they are ready to be displayed in the	1314
capitol square.	1315

(5) Perform repair, construction, contracting, purchasing,	1316
maintenance, supervisory, and operating activities the board	1317
determines are necessary for the operation and maintenance of the	1318
capitol square;	1319

(6) Maintain and preserve the capitol square, in accordance	1320
with guidelines issued by the United States secretary of the	1321
interior for application of the secretary's standards for	1322
rehabilitation adopted in 36 C.F.R. part 67;	1323

(7) Plan and develop a center at the capitol building for the	1324
purpose of educating visitors about the history of Ohio, including	1325
its political, economic, and social development and the design and	1326
erection of the capitol building and its grounds.	1327

(F)(1) The board shall lease capital facilities improved or	1328
financed by the Ohio building authority pursuant to Chapter 152.	1329
of the Revised Code for the use of the board, and may enter into	1330
any other agreements with the authority ancillary to improvement,	1331
financing, or leasing of those capital facilities, including, but	1332
not limited to, any agreement required by the applicable bond	1333
proceedings authorized by Chapter 152. of the Revised Code. Any	1334
lease of capital facilities authorized by this section shall be	1335
governed by division (D) of section 152.24 of the Revised Code.	1336

(2) Fees, receipts, and revenues received by the board from	1337
the state underground parking garage constitute available receipts	1338
as defined in section 152.09 of the Revised Code, and may be	1339
pledged to the payment of bond service charges on obligations	1340
issued by the Ohio building authority pursuant to Chapter 152. of	1341
the Revised Code to improve, finance, or purchase capital	1342
facilities useful to the board. The authority may, with the	1343
consent of the board, provide in the bond proceedings for a pledge	1344
of all or a portion of those fees, receipts, and revenues as the	1345
authority determines. The authority may provide in the bond	1346
proceedings or by separate agreement with the board for the	1347
transfer of those fees, receipts, and revenues to the appropriate	1348
bond service fund or bond service reserve fund as required to pay	1349
the bond service charges when due, and any such provision for the	1350
transfer of those fees, receipts, and revenues shall be	1351
controlling notwithstanding any other provision of law pertaining	1352
to those fees, receipts, and revenues.	1353

(3) All moneys received by the treasurer of state on account	1354
of the board and required by the applicable bond proceedings or by	1355
separate agreement with the board to be deposited, transferred, or	1356
credited to the bond service fund or bond service reserve fund	1357
established by the bond proceedings shall be transferred by the	1358
treasurer of state to such fund, whether or not it is in the	1359
custody of the treasurer of state, without necessity for further	1360
appropriation, upon receipt of notice from the Ohio building	1361
authority as prescribed in the bond proceedings.	1362

(G) ~~All~~(1) Except as otherwise provided in division (G)(2)	1363
of this section, all fees, receipts, and revenues received by the	1364
board from the state underground parking garage shall be deposited	1365
into the state treasury to the credit of the underground parking	1366
garage operating fund, which is hereby created, to be used for the	1367
purposes specified in division (F) of this section and for the	1368
operation and maintenance of the garage. All investment earnings	1369
of the fund shall be credited to the fund.	1370

(2) There is hereby created the parking garage automated	1371
equipment fund, which shall be in the custody of the treasurer of	1372
state but shall not be part of the state treasury. Money in the	1373
fund shall be used to purchase the automated teller machine	1374
quality dollar bills needed for operation of the parking garage	1375
automated equipment. The fund shall consist of fees, receipts, or	1376
revenues received by the board from the state underground parking	1377
garage; provided, however, that the total amount deposited into	1378
the fund at any one time shall not exceed ten thousand dollars.	1379
All investment earnings of the fund shall be credited to the fund.	1380

(H) All donations received by the board shall be deposited	1381
into the state treasury to the credit of the capitol square	1382
renovation gift fund, which is hereby created. The fund shall be	1383
used by the board as follows:	1384

(1) To provide part or all of the funding related to	1385
construction, goods, or services for the renovation of the capitol	1386
square;	1387

(2) To purchase art, antiques, and artifacts for display at	1388
the capitol square;	1389

(3) To award contracts or make grants to organizations for	1390
educating the public regarding the historical background and	1391
governmental functions of the capitol square. Chapters 125., 127.,	1392
and 153. and section 3517.13 of the Revised Code do not apply to	1393
purchases made exclusively from the fund, notwithstanding anything	1394
to the contrary in those chapters or that section. All investment	1395
earnings of the fund shall be credited to the fund.	1396

(I) Except as provided in divisions (G), (H), and (J) of this	1397
section, all fees, receipts, and revenues received by the board	1398
shall be deposited into the state treasury to the credit of the	1399
sale of goods and services fund, which is hereby created. Money	1400
credited to the fund shall be used solely to pay costs of the	1401
board other than those specified in divisions (F) and (G) of this	1402
section. All investment earnings of the fund shall be credited to	1403
the fund.	1404

(J) There is hereby created in the state treasury the capitol	1405
square improvement fund, to be used by the board to pay	1406
construction, renovation, and other costs related to the capitol	1407
square for which money is not otherwise available to the board.	1408
Whenever the board determines that there is a need to incur those	1409
costs and that the unencumbered, unobligated balance to the credit	1410
of the underground parking garage operating fund exceeds the	1411
amount needed for the purposes specified in division (F) of this	1412
section and for the operation and maintenance of the garage, the	1413
board may request the director of budget and management to	1414
transfer from the underground parking garage operating fund to the	1415
capitol square improvement fund the amount needed to pay such	1416
construction, renovation, or other costs. The director then shall	1417
transfer the amount needed from the excess balance of the	1418
underground parking garage operating fund.	1419

(K) As the operation and maintenance of the capitol square	1420
constitute essential government functions of a public purpose, the	1421
board shall not be required to pay taxes or assessments upon the	1422
square, upon any property acquired or used by the board under this	1423
section, or upon any income generated by the operation of the	1424
square.	1425

(L) As used in this section, "capitol square" means the	1426
capitol building, senate building, capitol atrium, capitol	1427
grounds, the state underground parking garage, and the warehouse	1428
owned by the board.	1429

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

1430

Sec. 107.54. (A)(1) When the common sense initiative office	1431
receives a draft rule and business impact analysis from an agency,	1432
the office shall evaluate the draft rule and analysis against the	1433
business impact analysis instrument and any other relevant	1434
criteria, and may prepare and transmit recommendations to the	1435
agency on how the draft rule might be revised to eliminate or	1436
reduce any adverse impact the draft rule might have on businesses.	1437

(2) When the office receives a rule and business impact	1438
analysis from an agency under division (A)(2) of section 119.033	1439
of the Revised Code, the office shall evaluate the rule and	1440
analysis against the business impact analysis instrument and any	1441
other relevant criteria, and may prepare and transmit	1442
recommendations to the agency on how the rule might be amended or	1443
rescinded to eliminate or reduce any adverse impact the rule has	1444
on businesses.	1445

(B) The office shall transmit any such recommendations	1446
electronically to the agency. If the office fails to make such a	1447
transmission after receiving the draft rule and business impact	1448
analysis, it is as if the office had elected not to make any	1449
recommendations.	1450

Sec. 109.33. The attorney general may appoint, with salaries	1451
fixed pursuant to section 124.15 or 124.152 of the Revised Code,	1452
such assistants and may employ such stenographers and clerks as	1453
may be necessary to carry out sections 109.23 to 109.33 of the	1454
Revised Code. The attorney general may also employ or contract	1455
experts for assistance in any specific matter at a reasonable rate	1456
of compensation.	1457

Sec. 109.57. (A)(1) The superintendent of the bureau of	1458
criminal identification and investigation shall procure from	1459
wherever procurable and file for record photographs, pictures,	1460
descriptions, fingerprints, measurements, and other information	1461
that may be pertinent of all persons who have been convicted of	1462
committing within this state a felony, any crime constituting a	1463
misdemeanor on the first offense and a felony on subsequent	1464
offenses, or any misdemeanor described in division (A)(1)(a),	1465
(A)~~(8)~~(5)(a), or (A)~~(10)~~(7)(a) of section 109.572 of the Revised	1466
Code, of all children under eighteen years of age who have been	1467
adjudicated delinquent children for committing within this state	1468
an act that would be a felony or an offense of violence if	1469
committed by an adult or who have been convicted of or pleaded	1470
guilty to committing within this state a felony or an offense of	1471
violence, and of all well-known and habitual criminals. The person	1472
in charge of any county, multicounty, municipal, municipal-county,	1473
or multicounty-municipal jail or workhouse, community-based	1474
correctional facility, halfway house, alternative residential	1475
facility, or state correctional institution and the person in	1476
charge of any state institution having custody of a person	1477
suspected of having committed a felony, any crime constituting a	1478
misdemeanor on the first offense and a felony on subsequent	1479
offenses, or any misdemeanor described in division (A)(1)(a),	1480
(A)~~(8)~~(5)(a), or (A)~~(10)~~(7)(a) of section 109.572 of the Revised	1481
Code or having custody of a child under eighteen years of age with	1482
respect to whom there is probable cause to believe that the child	1483
may have committed an act that would be a felony or an offense of	1484
violence if committed by an adult shall furnish such material to	1485
the superintendent of the bureau. Fingerprints, photographs, or	1486
other descriptive information of a child who is under eighteen	1487
years of age, has not been arrested or otherwise taken into	1488
custody for committing an act that would be a felony or an offense	1489
of violence who is not in any other category of child specified in	1490
this division, if committed by an adult, has not been adjudicated	1491
a delinquent child for committing an act that would be a felony or	1492
an offense of violence if committed by an adult, has not been	1493
convicted of or pleaded guilty to committing a felony or an	1494
offense of violence, and is not a child with respect to whom there	1495
is probable cause to believe that the child may have committed an	1496
act that would be a felony or an offense of violence if committed	1497
by an adult shall not be procured by the superintendent or	1498
furnished by any person in charge of any county, multicounty,	1499
municipal, municipal-county, or multicounty-municipal jail or	1500
workhouse, community-based correctional facility, halfway house,	1501
alternative residential facility, or state correctional	1502
institution, except as authorized in section 2151.313 of the	1503
Revised Code.	1504

(2) Every clerk of a court of record in this state, other	1505
than the supreme court or a court of appeals, shall send to the	1506
superintendent of the bureau a weekly report containing a summary	1507
of each case involving a felony, involving any crime constituting	1508
a misdemeanor on the first offense and a felony on subsequent	1509
offenses, involving a misdemeanor described in division (A)(1)(a),	1510
(A)~~(8)~~(5)(a), or (A)~~(10)~~(7)(a) of section 109.572 of the Revised	1511
Code, or involving an adjudication in a case in which a child	1512
under eighteen years of age was alleged to be a delinquent child	1513
for committing an act that would be a felony or an offense of	1514
violence if committed by an adult. The clerk of the court of	1515
common pleas shall include in the report and summary the clerk	1516
sends under this division all information described in divisions	1517
(A)(2)(a) to (f) of this section regarding a case before the court	1518
of appeals that is served by that clerk. The summary shall be	1519
written on the standard forms furnished by the superintendent	1520
pursuant to division (B) of this section and shall include the	1521
following information:	1522

(a) The incident tracking number contained on the standard	1523
forms furnished by the superintendent pursuant to division (B) of	1524
this section;	1525

(b) The style and number of the case;

1526

1527

(d) The date that the person was convicted of or pleaded	1528
guilty to the offense, adjudicated a delinquent child for	1529
committing the act that would be a felony or an offense of	1530
violence if committed by an adult, found not guilty of the	1531
offense, or found not to be a delinquent child for committing an	1532
act that would be a felony or an offense of violence if committed	1533
by an adult, the date of an entry dismissing the charge, an entry	1534
declaring a mistrial of the offense in which the person is	1535
discharged, an entry finding that the person or child is not	1536
competent to stand trial, or an entry of a nolle prosequi, or the	1537
date of any other determination that constitutes final resolution	1538
of the case;	1539

(e) A statement of the original charge with the section of	1540
the Revised Code that was alleged to be violated;	1541

(f) If the person or child was convicted, pleaded guilty, or	1542
was adjudicated a delinquent child, the sentence or terms of	1543
probation imposed or any other disposition of the offender or the	1544
delinquent child.	1545

If the offense involved the disarming of a law enforcement	1546
officer or an attempt to disarm a law enforcement officer, the	1547
clerk shall clearly state that fact in the summary, and the	1548
superintendent shall ensure that a clear statement of that fact is	1549
placed in the bureau's records.	1550

(3) The superintendent shall cooperate with and assist	1551
sheriffs, chiefs of police, and other law enforcement officers in	1552
the establishment of a complete system of criminal identification	1553
and in obtaining fingerprints and other means of identification of	1554
all persons arrested on a charge of a felony, any crime	1555
constituting a misdemeanor on the first offense and a felony on	1556
subsequent offenses, or a misdemeanor described in division	1557
(A)(1)(a), (A)~~(8)~~(5)(a), or (A)~~(10)~~(7)(a) of section 109.572 of	1558
the Revised Code and of all children under eighteen years of age	1559
arrested or otherwise taken into custody for committing an act	1560
that would be a felony or an offense of violence if committed by	1561
an adult. The superintendent also shall file for record the	1562
fingerprint impressions of all persons confined in a county,	1563
multicounty, municipal, municipal-county, or multicounty-municipal	1564
jail or workhouse, community-based correctional facility, halfway	1565
house, alternative residential facility, or state correctional	1566
institution for the violation of state laws and of all children	1567
under eighteen years of age who are confined in a county,	1568
multicounty, municipal, municipal-county, or multicounty-municipal	1569
jail or workhouse, community-based correctional facility, halfway	1570
house, alternative residential facility, or state correctional	1571
institution or in any facility for delinquent children for	1572
committing an act that would be a felony or an offense of violence	1573
if committed by an adult, and any other information that the	1574
superintendent may receive from law enforcement officials of the	1575
state and its political subdivisions.	1576

(4) The superintendent shall carry out Chapter 2950. of the	1577
Revised Code with respect to the registration of persons who are	1578
convicted of or plead guilty to a sexually oriented offense or a	1579
child-victim oriented offense and with respect to all other duties	1580
imposed on the bureau under that chapter.	1581

(5) The bureau shall perform centralized recordkeeping	1582
functions for criminal history records and services in this state	1583
for purposes of the national crime prevention and privacy compact	1584
set forth in section 109.571 of the Revised Code and is the	1585
criminal history record repository as defined in that section for	1586
purposes of that compact. The superintendent or the	1587
superintendent's designee is the compact officer for purposes of	1588
that compact and shall carry out the responsibilities of the	1589
compact officer specified in that compact.	1590

(B) The superintendent shall prepare and furnish to every	1591
county, multicounty, municipal, municipal-county, or	1592
multicounty-municipal jail or workhouse, community-based	1593
correctional facility, halfway house, alternative residential	1594
facility, or state correctional institution and to every clerk of	1595
a court in this state specified in division (A)(2) of this section	1596
standard forms for reporting the information required under	1597
division (A) of this section. The standard forms that the	1598
superintendent prepares pursuant to this division may be in a	1599
tangible format, in an electronic format, or in both tangible	1600
formats and electronic formats.	1601

(C)(1) The superintendent may operate a center for	1602
electronic, automated, or other data processing for the storage	1603
and retrieval of information, data, and statistics pertaining to	1604
criminals and to children under eighteen years of age who are	1605
adjudicated delinquent children for committing an act that would	1606
be a felony or an offense of violence if committed by an adult,	1607
criminal activity, crime prevention, law enforcement, and criminal	1608
justice, and may establish and operate a statewide communications	1609
network to be known as the Ohio law enforcement gateway to gather	1610
and disseminate information, data, and statistics for the use of	1611
law enforcement agencies and for other uses specified in this	1612
division. The superintendent may gather, store, retrieve, and	1613
disseminate information, data, and statistics that pertain to	1614
children who are under eighteen years of age and that are gathered	1615
pursuant to sections 109.57 to 109.61 of the Revised Code together	1616
with information, data, and statistics that pertain to adults and	1617
that are gathered pursuant to those sections.	1618

(2) The superintendent or the superintendent's designee shall	1619
gather information of the nature described in division (C)(1) of	1620
this section that pertains to the offense and delinquency history	1621
of a person who has been convicted of, pleaded guilty to, or been	1622
adjudicated a delinquent child for committing a sexually oriented	1623
offense or a child-victim oriented offense for inclusion in the	1624
state registry of sex offenders and child-victim offenders	1625
maintained pursuant to division (A)(1) of section 2950.13 of the	1626
Revised Code and in the internet database operated pursuant to	1627
division (A)(13) of that section and for possible inclusion in the	1628
internet database operated pursuant to division (A)(11) of that	1629
section.	1630

(3) In addition to any other authorized use of information,	1631
data, and statistics of the nature described in division (C)(1) of	1632
this section, the superintendent or the superintendent's designee	1633
may provide and exchange the information, data, and statistics	1634
pursuant to the national crime prevention and privacy compact as	1635
described in division (A)(5) of this section.	1636

(4) The attorney general may adopt rules under Chapter 119.	1637
of the Revised Code establishing guidelines for the operation of	1638
and participation in the Ohio law enforcement gateway. The rules	1639
may include criteria for granting and restricting access to	1640
information gathered and disseminated through the Ohio law	1641
enforcement gateway. The attorney general shall permit the state	1642
medical board and board of nursing to access and view, but not	1643
alter, information gathered and disseminated through the Ohio law	1644
enforcement gateway.	1645

The attorney general may appoint a steering committee to	1646
advise the attorney general in the operation of the Ohio law	1647
enforcement gateway that is comprised of persons who are	1648
representatives of the criminal justice agencies in this state	1649
that use the Ohio law enforcement gateway and is chaired by the	1650
superintendent or the superintendent's designee.	1651

(D)(1) The following are not public records under section	1652
149.43 of the Revised Code:	1653

(a) Information and materials furnished to the superintendent	1654
pursuant to division (A) of this section;	1655

(b) Information, data, and statistics gathered or	1656
disseminated through the Ohio law enforcement gateway pursuant to	1657
division (C)(1) of this section;	1658

(c) Information and materials furnished to any board or	1659
person under division (F) or (G) of this section.	1660

(2) The superintendent or the superintendent's designee shall	1661
gather and retain information so furnished under division (A) of	1662
this section that pertains to the offense and delinquency history	1663
of a person who has been convicted of, pleaded guilty to, or been	1664
adjudicated a delinquent child for committing a sexually oriented	1665
offense or a child-victim oriented offense for the purposes	1666
described in division (C)(2) of this section.	1667

(E) The attorney general shall adopt rules, in accordance	1668
with Chapter 119. of the Revised Code, setting forth the procedure	1669
by which a person may receive or release information gathered by	1670
the superintendent pursuant to division (A) of this section. A	1671
reasonable fee may be charged for this service. If a temporary	1672
employment service submits a request for a determination of	1673
whether a person the service plans to refer to an employment	1674
position has been convicted of or pleaded guilty to an offense	1675
listed in division (A)(1)~~, (3), (4), (5),~~ or ~~(6)~~(2) of section	1676
109.572 of the Revised Code or has been convicted of, pleaded	1677
guilty to, or been found eligible for intervention in lieu of	1678
conviction for a disqualifying offense as defined in section	1679
173.394, 3701.881, or 5111.032 of the Revised Code, the request	1680
shall be treated as a single request and only one fee shall be	1681
charged.	1682

(F)(1) As used in division (F)(2) of this section, "head	1683
start agency" means an entity in this state that has been approved	1684
to be an agency for purposes of subchapter II of the "Community	1685
Economic Development Act," 95 Stat. 489 (1981), 42 U.S.C.A. 9831,	1686
as amended.	1687

(2)(a) In addition to or in conjunction with any request that	1688
is required to be made under section 109.572, 2151.86, 3301.32,	1689
3301.541, division (C) of section 3310.58, or section 3319.39,	1690
3319.391, 3327.10, 3701.881, 5104.012, 5104.013, 5123.081,	1691
~~5126.28, 5126.281,~~ or 5153.111 of the Revised Code or that is made	1692
under section 3314.41, 3319.392, 3326.25, or 3328.20 of the	1693
Revised Code, the board of education of any school district; the	1694
director of developmental disabilities; any county board of	1695
developmental disabilities; any ~~entity under contract with a~~	1696
~~county board of developmental disabilities~~provider or	1697
subcontractor as defined in section 5123.081 of the Revised Code;	1698
the chief administrator of any chartered nonpublic school; the	1699
chief administrator of a registered private provider that is not	1700
also a chartered nonpublic school; the chief administrator of any	1701
home health agency; the chief administrator of or person operating	1702
any child day-care center, type A family day-care home, or type B	1703
family day-care home licensed or certified under Chapter 5104. of	1704
the Revised Code; the administrator of any type C family day-care	1705
home certified pursuant to Section 1 of Sub. H.B. 62 of the 121st	1706
general assembly or Section 5 of Am. Sub. S.B. 160 of the 121st	1707
general assembly; the chief administrator of any head start	1708
agency; the executive director of a public children services	1709
agency; a private company described in section 3314.41, 3319.392,	1710
3326.25, or 3328.20 of the Revised Code; or an employer described	1711
in division (J)(2) of section 3327.10 of the Revised Code may	1712
request that the superintendent of the bureau investigate and	1713
determine, with respect to any individual who has applied for	1714
employment in any position after October 2, 1989, or any	1715
individual wishing to apply for employment with a board of	1716
education may request, with regard to the individual, whether the	1717
bureau has any information gathered under division (A) of this	1718
section that pertains to that individual. On receipt of the	1719
request, the superintendent shall determine whether that	1720
information exists and, upon request of the person, board, or	1721
entity requesting information, also shall request from the federal	1722
bureau of investigation any criminal records it has pertaining to	1723
that individual. The superintendent or the superintendent's	1724
designee also may request criminal history records from other	1725
states or the federal government pursuant to the national crime	1726
prevention and privacy compact set forth in section 109.571 of the	1727
Revised Code. Within thirty days of the date that the	1728
superintendent receives a request, the superintendent shall send	1729
to the board, entity, or person a report of any information that	1730
the superintendent determines exists, including information	1731
contained in records that have been sealed under section 2953.32	1732
of the Revised Code, and, within thirty days of its receipt, shall	1733
send the board, entity, or person a report of any information	1734
received from the federal bureau of investigation, other than	1735
information the dissemination of which is prohibited by federal	1736
law.	1737

(b) When a board of education or a registered private	1738
provider is required to receive information under this section as	1739
a prerequisite to employment of an individual pursuant to division	1740
(C) of section 3310.58 or section 3319.39 of the Revised Code, it	1741
may accept a certified copy of records that were issued by the	1742
bureau of criminal identification and investigation and that are	1743
presented by an individual applying for employment with the	1744
district in lieu of requesting that information itself. In such a	1745
case, the board shall accept the certified copy issued by the	1746
bureau in order to make a photocopy of it for that individual's	1747
employment application documents and shall return the certified	1748
copy to the individual. In a case of that nature, a district or	1749
provider only shall accept a certified copy of records of that	1750
nature within one year after the date of their issuance by the	1751
bureau.	1752

(c) Notwithstanding division (F)(2)(a) of this section, in	1753
the case of a request under section 3319.39, 3319.391, or 3327.10	1754
of the Revised Code only for criminal records maintained by the	1755
federal bureau of investigation, the superintendent shall not	1756
determine whether any information gathered under division (A) of	1757
this section exists on the person for whom the request is made.	1758

(3) The state board of education may request, with respect to	1759
any individual who has applied for employment after October 2,	1760
1989, in any position with the state board or the department of	1761
education, any information that a school district board of	1762
education is authorized to request under division (F)(2) of this	1763
section, and the superintendent of the bureau shall proceed as if	1764
the request has been received from a school district board of	1765
education under division (F)(2) of this section.	1766

(4) When the superintendent of the bureau receives a request	1767
for information under section 3319.291 of the Revised Code, the	1768
superintendent shall proceed as if the request has been received	1769
from a school district board of education and shall comply with	1770
divisions (F)(2)(a) and (c) of this section.	1771

(5) When a recipient of a classroom reading improvement grant	1772
paid under section 3301.86 of the Revised Code requests, with	1773
respect to any individual who applies to participate in providing	1774
any program or service funded in whole or in part by the grant,	1775
the information that a school district board of education is	1776
authorized to request under division (F)(2)(a) of this section,	1777
the superintendent of the bureau shall proceed as if the request	1778
has been received from a school district board of education under	1779
division (F)(2)(a) of this section.	1780

(G) In addition to or in conjunction with any request that is	1781
required to be made under section 3701.881, 3712.09, or 3721.121,	1782
~~5119.693, or 5119.85~~ of the Revised Code with respect to an	1783
individual who has applied for employment in a position that	1784
involves providing direct care to an older adult or adult	1785
resident, the chief administrator of a home health agency, hospice	1786
care program, home licensed under Chapter 3721. of the Revised	1787
Code, or adult day-care program operated pursuant to rules adopted	1788
under section 3721.04 of the Revised Code~~, adult foster home, or~~	1789
~~adult care facility~~ may request that the superintendent of the	1790
bureau investigate and determine, with respect to any individual	1791
who has applied after January 27, 1997, for employment in a	1792
position that does not involve providing direct care to an older	1793
adult or adult resident, whether the bureau has any information	1794
gathered under division (A) of this section that pertains to that	1795
individual.	1796

In addition to or in conjunction with any request that is	1797
required to be made under section 173.27 of the Revised Code with	1798
respect to an individual who has applied for employment in a	1799
position that involves providing ombudsperson services to	1800
residents of long-term care facilities or recipients of	1801
community-based long-term care services, the state long-term care	1802
ombudsperson, ombudsperson's designee, or director of health may	1803
request that the superintendent investigate and determine, with	1804
respect to any individual who has applied for employment in a	1805
position that does not involve providing such ombudsperson	1806
services, whether the bureau has any information gathered under	1807
division (A) of this section that pertains to that applicant.	1808

In addition to or in conjunction with any request that is	1809
required to be made under section 173.394 of the Revised Code with	1810
respect to an individual who has applied for employment in a	1811
position that involves providing direct care to an individual, the	1812
chief administrator of a community-based long-term care agency may	1813
request that the superintendent investigate and determine, with	1814
respect to any individual who has applied for employment in a	1815
position that does not involve providing direct care, whether the	1816
bureau has any information gathered under division (A) of this	1817
section that pertains to that applicant.	1818

On receipt of a request under this division, the	1819
superintendent shall determine whether that information exists	1820
and, on request of the individual requesting information, shall	1821
also request from the federal bureau of investigation any criminal	1822
records it has pertaining to the applicant. The superintendent or	1823
the superintendent's designee also may request criminal history	1824
records from other states or the federal government pursuant to	1825
the national crime prevention and privacy compact set forth in	1826
section 109.571 of the Revised Code. Within thirty days of the	1827
date a request is received, the superintendent shall send to the	1828
requester a report of any information determined to exist,	1829
including information contained in records that have been sealed	1830
under section 2953.32 of the Revised Code, and, within thirty days	1831
of its receipt, shall send the requester a report of any	1832
information received from the federal bureau of investigation,	1833
other than information the dissemination of which is prohibited by	1834
federal law.	1835

(H) Information obtained by a government entity or person	1836
under this section is confidential and shall not be released or	1837
disseminated.	1838

(I) The superintendent may charge a reasonable fee for	1839
providing information or criminal records under division (F)(2) or	1840
(G) of this section.	1841

(J) As used in this section:

1842

(1) "Sexually oriented offense" and "child-victim oriented	1843
offense" have the same meanings as in section 2950.01 of the	1844
Revised Code.	1845

(2) "Registered private provider" means a nonpublic school or	1846
entity registered with the superintendent of public instruction	1847
under section 3310.41 of the Revised Code to participate in the	1848
autism scholarship program or section 3310.58 of the Revised Code	1849
to participate in the Jon Peterson special needs scholarship	1850
program.	1851

Sec. 109.572. (A)(1) Upon receipt of a request pursuant to	1852
section 121.08, 3301.32, 3301.541, or 3319.39 of the Revised Code,	1853
a completed form prescribed pursuant to division (C)(1) of this	1854
section, and a set of fingerprint impressions obtained in the	1855
manner described in division (C)(2) of this section, the	1856
superintendent of the bureau of criminal identification and	1857
investigation shall conduct a criminal records check in the manner	1858
described in division (B) of this section to determine whether any	1859
information exists that indicates that the person who is the	1860
subject of the request previously has been convicted of or pleaded	1861
guilty to any of the following:	1862

(a) A violation of section 2903.01, 2903.02, 2903.03,	1863
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	1864
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,	1865
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,	1866
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01,	1867
2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25,	1868
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05,	1869
2925.06, or 3716.11 of the Revised Code, felonious sexual	1870
penetration in violation of former section 2907.12 of the Revised	1871
Code, a violation of section 2905.04 of the Revised Code as it	1872
existed prior to July 1, 1996, a violation of section 2919.23 of	1873
the Revised Code that would have been a violation of section	1874
2905.04 of the Revised Code as it existed prior to July 1, 1996,	1875
had the violation been committed prior to that date, or a	1876
violation of section 2925.11 of the Revised Code that is not a	1877
minor drug possession offense;	1878

(b) A violation of an existing or former law of this state,	1879
any other state, or the United States that is substantially	1880
equivalent to any of the offenses listed in division (A)(1)(a) of	1881
this section.	1882

(2) ~~On receipt of a request pursuant to section 5123.081 of~~	1883
~~the Revised Code with respect to an applicant for employment in~~	1884
~~any position with the department of developmental disabilities,~~	1885
~~pursuant to section 5126.28 of the Revised Code with respect to an~~	1886
~~applicant for employment in any position with a county board of~~	1887
~~developmental disabilities, or pursuant to section 5126.281 of the~~	1888
~~Revised Code with respect to an applicant for employment in a~~	1889
~~direct services position with an entity contracting with a county~~	1890
~~board for employment, a completed form prescribed pursuant to~~	1891
~~division (C)(1) of this section, and a set of fingerprint~~	1892
~~impressions obtained in the manner described in division (C)(2) of~~	1893
~~this section, the superintendent of the bureau of criminal~~	1894
~~identification and investigation shall conduct a criminal records~~	1895
~~check. The superintendent shall conduct the criminal records check~~	1896
~~in the manner described in division (B) of this section to~~	1897
~~determine whether any information exists that indicates that the~~	1898
~~person who is the subject of the request has been convicted of or~~	1899
~~pleaded guilty to any of the following:~~	1900

~~(a) A violation of section 2903.01, 2903.02, 2903.03,~~	1901
~~2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,~~	1902
~~2903.341, 2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03,~~	1903
~~2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12,~~	1904
~~2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321,~~	1905
~~2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12,~~	1906
~~2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02,~~	1907
~~2925.03, or 3716.11 of the Revised Code;~~	1908

~~(b) An existing or former municipal ordinance or law of this~~	1909
~~state, any other state, or the United States that is substantially~~	1910
~~equivalent to any of the offenses listed in division (A)(2)(a) of~~	1911
~~this section.~~	1912

~~(3)~~ On receipt of a request pursuant to section ~~173.27,~~	1913
~~173.394,~~ 3712.09, or 3721.121~~, 5119.693, or 5119.85~~ of the Revised	1914
Code, a completed form prescribed pursuant to division (C)(1) of	1915
this section, and a set of fingerprint impressions obtained in the	1916
manner described in division (C)(2) of this section, the	1917
superintendent of the bureau of criminal identification and	1918
investigation shall conduct a criminal records check with respect	1919
to any person who has applied for employment in a position for	1920
which a criminal records check is required by those sections. The	1921
superintendent shall conduct the criminal records check in the	1922
manner described in division (B) of this section to determine	1923
whether any information exists that indicates that the person who	1924
is the subject of the request previously has been convicted of or	1925
pleaded guilty to any of the following:	1926

(a) A violation of section 2903.01, 2903.02, 2903.03,	1927
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	1928
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,	1929
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,	1930
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,	1931
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,	1932
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,	1933
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,	1934
2925.22, 2925.23, or 3716.11 of the Revised Code;	1935

(b) An existing or former law of this state, any other state,	1936
or the United States that is substantially equivalent to any of	1937
the offenses listed in division (A)~~(3)~~(2)(a) of this section.	1938

~~(4) On receipt of a request pursuant to section 3701.881 of~~	1939
~~the Revised Code with respect to an applicant for employment with~~	1940
~~a home health agency as a person responsible for the care,~~	1941
~~custody, or control of a child, a completed form prescribed~~	1942
~~pursuant to division (C)(1) of this section, and a set of~~	1943
~~fingerprint impressions obtained in the manner described in~~	1944
~~division (C)(2) of this section, the superintendent of the bureau~~	1945
~~of criminal identification and investigation shall conduct a~~	1946
~~criminal records check. The superintendent shall conduct the~~	1947
~~criminal records check in the manner described in division (B) of~~	1948
~~this section to determine whether any information exists that~~	1949
~~indicates that the person who is the subject of the request~~	1950
~~previously has been convicted of or pleaded guilty to any of the~~	1951
~~following:~~	1952

~~(a) A violation of section 2903.01, 2903.02, 2903.03,~~	1953
~~2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,~~	1954
~~2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03, 2907.04,~~	1955
~~2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.21,~~	1956
~~2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322,~~	1957
~~2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22,~~	1958
~~2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03,~~	1959
~~2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code or a~~	1960
~~violation of section 2925.11 of the Revised Code that is not a~~	1961
~~minor drug possession offense;~~	1962

~~(b) An existing or former law of this state, any other state,~~	1963
~~or the United States that is substantially equivalent to any of~~	1964
~~the offenses listed in division (A)(4)(a) of this section.~~	1965

~~(5)~~(3) On receipt of a request pursuant to section 173.27,	1966
173.394, 3701.881, 5111.032, 5111.033, or 5111.034, 5123.081, or	1967
5123.169 of the Revised Code, a completed form prescribed pursuant	1968
to division (C)(1) of this section, and a set of fingerprint	1969
impressions obtained in the manner described in division (C)(2) of	1970
this section, the superintendent of the bureau of criminal	1971
identification and investigation shall conduct a criminal records	1972
check of the person for whom the request is made. The	1973
superintendent shall conduct the criminal records check in the	1974
manner described in division (B) of this section to determine	1975
whether any information exists that indicates that the person who	1976
is the subject of the request previously has been convicted of,	1977
has pleaded guilty to, or has been found eligible for intervention	1978
in lieu of conviction for ~~any of the following, regardless of the~~	1979
~~date of the conviction, the date of entry of the guilty plea, or~~	1980
~~the date the person was found eligible for intervention in lieu of~~	1981
~~conviction:~~	1982

~~(a) A violation of section 959.13, 2903.01, 2903.02, 2903.03,~~	1983
~~2903.04, 2903.041, 2903.11, 2903.12, 2903.13, 2903.15, 2903.16,~~	1984
~~2903.21, 2903.211, 2903.22, 2903.34, 2905.01, 2905.02, 2905.05,~~	1985
~~2905.11, 2905.12, 2907.02, 2907.03, 2907.04, 2907.05, 2907.06,~~	1986
~~2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 2907.24,~~	1987
~~2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02,~~	1988
~~2909.03, 2909.04, 2909.05, 2909.22, 2909.23, 2909.24, 2911.01,~~	1989
~~2911.02, 2911.11, 2911.12, 2911.13, 2913.02, 2913.03, 2913.04,~~	1990
~~2913.05, 2913.11, 2913.21, 2913.31, 2913.32, 2913.40, 2913.41,~~	1991
~~2913.42, 2913.43, 2913.44, 2913.441, 2913.45, 2913.46, 2913.47,~~	1992
~~2913.48, 2913.49, 2913.51, 2917.01, 2917.02, 2917.03, 2917.11,~~	1993
~~2917.31, 2919.12, 2919.22, 2919.23, 2919.24, 2919.25, 2921.03,~~	1994
~~2921.11, 2921.13, 2921.34, 2921.35, 2921.36, 2923.01, 2923.02,~~	1995
~~2923.03, 2923.12, 2923.13, 2923.161, 2923.32, 2925.02, 2925.03,~~	1996
~~2925.04, 2925.05, 2925.06, 2925.11, 2925.13, 2925.14, 2925.22,~~	1997
~~2925.23, 2927.12, or 3716.11 of the Revised Code, felonious sexual~~	1998
~~penetration in violation of former section 2907.12 of the Revised~~	1999
~~Code, a violation of section 2905.04 of the Revised Code as it~~	2000
~~existed prior to July 1, 1996, a violation of section 2919.23 of~~	2001
~~the Revised Code that would have been a violation of section~~	2002
~~2905.04 of the Revised Code as it existed prior to July 1, 1996,~~	2003
~~had the violation been committed prior to that date;~~	2004

~~(b) A violation of an existing or former municipal ordinance~~	2005
~~or law of this state, any other state, or the United States that~~	2006
~~is substantially equivalent to any of the offenses listed in~~	2007
~~division (A)(5)(a) of this section~~a disqualifying offense as	2008
defined in the section of the Revised Code under which the request	2009
is made.	2010

~~(6) On receipt of a request pursuant to section 3701.881 of~~	2011
~~the Revised Code with respect to an applicant for employment with~~	2012
~~a home health agency in a position that involves providing direct~~	2013
~~care to an older adult, a completed form prescribed pursuant to~~	2014
~~division (C)(1) of this section, and a set of fingerprint~~	2015
~~impressions obtained in the manner described in division (C)(2) of~~	2016
~~this section, the superintendent of the bureau of criminal~~	2017
~~identification and investigation shall conduct a criminal records~~	2018
~~check. The superintendent shall conduct the criminal records check~~	2019
~~in the manner described in division (B) of this section to~~	2020
~~determine whether any information exists that indicates that the~~	2021
~~person who is the subject of the request previously has been~~	2022
~~convicted of or pleaded guilty to any of the following:~~	2023

~~(a) A violation of section 2903.01, 2903.02, 2903.03,~~	2024
~~2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,~~	2025
~~2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,~~	2026
~~2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,~~	2027
~~2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,~~	2028
~~2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,~~	2029
~~2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,~~	2030
~~2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,~~	2031
~~2925.22, 2925.23, or 3716.11 of the Revised Code;~~	2032

~~(b) An existing or former law of this state, any other state,~~	2033
~~or the United States that is substantially equivalent to any of~~	2034
~~the offenses listed in division (A)(6)(a) of this section.~~	2035

~~(7)~~(4) When conducting a criminal records check upon a	2036
request pursuant to section 3319.39 of the Revised Code for an	2037
applicant who is a teacher, in addition to the determination made	2038
under division (A)(1) of this section, the superintendent shall	2039
determine whether any information exists that indicates that the	2040
person who is the subject of the request previously has been	2041
convicted of or pleaded guilty to any offense specified in section	2042
3319.31 of the Revised Code.	2043

~~(8)~~(5) On receipt of a request pursuant to section 2151.86 of	2044
the Revised Code, a completed form prescribed pursuant to division	2045
(C)(1) of this section, and a set of fingerprint impressions	2046
obtained in the manner described in division (C)(2) of this	2047
section, the superintendent of the bureau of criminal	2048
identification and investigation shall conduct a criminal records	2049
check in the manner described in division (B) of this section to	2050
determine whether any information exists that indicates that the	2051
person who is the subject of the request previously has been	2052
convicted of or pleaded guilty to any of the following:	2053

(a) A violation of section 959.13, 2903.01, 2903.02, 2903.03,	2054
2903.04, 2903.11, 2903.12, 2903.13, 2903.15, 2903.16, 2903.21,	2055
2903.211, 2903.22, 2903.34, 2905.01, 2905.02, 2905.05, 2907.02,	2056
2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09,	2057
2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321,	2058
2907.322, 2907.323, 2909.02, 2909.03, 2909.22, 2909.23, 2909.24,	2059
2911.01, 2911.02, 2911.11, 2911.12, 2913.49, 2917.01, 2917.02,	2060
2919.12, 2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161,	2061
2925.02, 2925.03, 2925.04, 2925.05, 2925.06, 2927.12, or 3716.11	2062
of the Revised Code, a violation of section 2905.04 of the Revised	2063
Code as it existed prior to July 1, 1996, a violation of section	2064
2919.23 of the Revised Code that would have been a violation of	2065
section 2905.04 of the Revised Code as it existed prior to July 1,	2066
1996, had the violation been committed prior to that date, a	2067
violation of section 2925.11 of the Revised Code that is not a	2068
minor drug possession offense, two or more OVI or OVUAC violations	2069
committed within the three years immediately preceding the	2070
submission of the application or petition that is the basis of the	2071
request, or felonious sexual penetration in violation of former	2072
section 2907.12 of the Revised Code;	2073

(b) A violation of an existing or former law of this state,	2074
any other state, or the United States that is substantially	2075
equivalent to any of the offenses listed in division (A)~~(8)~~(5)(a)	2076
of this section.	2077

~~(9)~~(6) Upon receipt of a request pursuant to section 5104.012	2078
or 5104.013 of the Revised Code, a completed form prescribed	2079
pursuant to division (C)(1) of this section, and a set of	2080
fingerprint impressions obtained in the manner described in	2081
division (C)(2) of this section, the superintendent of the bureau	2082
of criminal identification and investigation shall conduct a	2083
criminal records check in the manner described in division (B) of	2084
this section to determine whether any information exists that	2085
indicates that the person who is the subject of the request has	2086
been convicted of or pleaded guilty to any of the following:	2087

(a) A violation of section 2903.01, 2903.02, 2903.03,	2088
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.22,	2089
2903.34, 2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04,	2090
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22,	2091
2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323,	2092
2911.01, 2911.02, 2911.11, 2911.12, 2913.02, 2913.03, 2913.04,	2093
2913.041, 2913.05, 2913.06, 2913.11, 2913.21, 2913.31, 2913.32,	2094
2913.33, 2913.34, 2913.40, 2913.41, 2913.42, 2913.43, 2913.44,	2095
2913.441, 2913.45, 2913.46, 2913.47, 2913.48, 2913.49, 2919.12,	2096
2919.22, 2919.24, 2919.25, 2921.11, 2921.13, 2923.01, 2923.12,	2097
2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, 2925.06, or	2098
3716.11 of the Revised Code, felonious sexual penetration in	2099
violation of former section 2907.12 of the Revised Code, a	2100
violation of section 2905.04 of the Revised Code as it existed	2101
prior to July 1, 1996, a violation of section 2919.23 of the	2102
Revised Code that would have been a violation of section 2905.04	2103
of the Revised Code as it existed prior to July 1, 1996, had the	2104
violation been committed prior to that date, a violation of	2105
section 2925.11 of the Revised Code that is not a minor drug	2106
possession offense, a violation of section 2923.02 or 2923.03 of	2107
the Revised Code that relates to a crime specified in this	2108
division, or a second violation of section 4511.19 of the Revised	2109
Code within five years of the date of application for licensure or	2110
certification.	2111

(b) A violation of an existing or former law of this state,	2112
any other state, or the United States that is substantially	2113
equivalent to any of the offenses or violations described in	2114
division (A)~~(9)~~(6)(a) of this section.	2115

~~(10)~~(7) Upon receipt of a request pursuant to section	2116
5153.111 of the Revised Code, a completed form prescribed pursuant	2117
to division (C)(1) of this section, and a set of fingerprint	2118
impressions obtained in the manner described in division (C)(2) of	2119
this section, the superintendent of the bureau of criminal	2120
identification and investigation shall conduct a criminal records	2121
check in the manner described in division (B) of this section to	2122
determine whether any information exists that indicates that the	2123
person who is the subject of the request previously has been	2124
convicted of or pleaded guilty to any of the following:	2125

(a) A violation of section 2903.01, 2903.02, 2903.03,	2126
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	2127
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,	2128
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,	2129
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02,	2130
2909.03, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22,	2131
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03,	2132
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code,	2133
felonious sexual penetration in violation of former section	2134
2907.12 of the Revised Code, a violation of section 2905.04 of the	2135
Revised Code as it existed prior to July 1, 1996, a violation of	2136
section 2919.23 of the Revised Code that would have been a	2137
violation of section 2905.04 of the Revised Code as it existed	2138
prior to July 1, 1996, had the violation been committed prior to	2139
that date, or a violation of section 2925.11 of the Revised Code	2140
that is not a minor drug possession offense;	2141

(b) A violation of an existing or former law of this state,	2142
any other state, or the United States that is substantially	2143
equivalent to any of the offenses listed in division (A)~~(10)~~(7)(a)	2144
of this section.	2145

~~(11)~~(8) On receipt of a request for a criminal records check	2146
from an individual pursuant to section 4749.03 or 4749.06 of the	2147
Revised Code, accompanied by a completed copy of the form	2148
prescribed in division (C)(1) of this section and a set of	2149
fingerprint impressions obtained in a manner described in division	2150
(C)(2) of this section, the superintendent of the bureau of	2151
criminal identification and investigation shall conduct a criminal	2152
records check in the manner described in division (B) of this	2153
section to determine whether any information exists indicating	2154
that the person who is the subject of the request has been	2155
convicted of or pleaded guilty to a felony in this state or in any	2156
other state. If the individual indicates that a firearm will be	2157
carried in the course of business, the superintendent shall	2158
require information from the federal bureau of investigation as	2159
described in division (B)(2) of this section. The superintendent	2160
shall report the findings of the criminal records check and any	2161
information the federal bureau of investigation provides to the	2162
director of public safety.	2163

~~(12)~~(9) On receipt of a request pursuant to section 1321.37,	2164
1321.53, 1321.531, 1322.03, 1322.031, or 4763.05 of the Revised	2165
Code, a completed form prescribed pursuant to division (C)(1) of	2166
this section, and a set of fingerprint impressions obtained in the	2167
manner described in division (C)(2) of this section, the	2168
superintendent of the bureau of criminal identification and	2169
investigation shall conduct a criminal records check with respect	2170
to any person who has applied for a license, permit, or	2171
certification from the department of commerce or a division in the	2172
department. The superintendent shall conduct the criminal records	2173
check in the manner described in division (B) of this section to	2174
determine whether any information exists that indicates that the	2175
person who is the subject of the request previously has been	2176
convicted of or pleaded guilty to any of the following: a	2177
violation of section 2913.02, 2913.11, 2913.31, 2913.51, or	2178
2925.03 of the Revised Code; any other criminal offense involving	2179
theft, receiving stolen property, embezzlement, forgery, fraud,	2180
passing bad checks, money laundering, or drug trafficking, or any	2181
criminal offense involving money or securities, as set forth in	2182
Chapters 2909., 2911., 2913., 2915., 2921., 2923., and 2925. of	2183
the Revised Code; or any existing or former law of this state, any	2184
other state, or the United States that is substantially equivalent	2185
to those offenses.	2186

~~(13)~~(10) On receipt of a request for a criminal records check	2187
from the treasurer of state under section 113.041 of the Revised	2188
Code or from an individual under section 4701.08, 4715.101,	2189
4717.061, 4725.121, 4725.501, 4729.071, 4730.101, 4730.14,	2190
4730.28, 4731.081, 4731.15, 4731.171, 4731.222, 4731.281,	2191
4731.296, 4731.531, 4732.091, 4734.202, 4740.061, 4741.10,	2192
4755.70, 4757.101, 4759.061, 4760.032, 4760.06, 4761.051,	2193
4762.031, 4762.06, or 4779.091 of the Revised Code, accompanied by	2194
a completed form prescribed under division (C)(1) of this section	2195
and a set of fingerprint impressions obtained in the manner	2196
described in division (C)(2) of this section, the superintendent	2197
of the bureau of criminal identification and investigation shall	2198
conduct a criminal records check in the manner described in	2199
division (B) of this section to determine whether any information	2200
exists that indicates that the person who is the subject of the	2201
request has been convicted of or pleaded guilty to any criminal	2202
offense in this state or any other state. The superintendent shall	2203
send the results of a check requested under section 113.041 of the	2204
Revised Code to the treasurer of state and shall send the results	2205
of a check requested under any of the other listed sections to the	2206
licensing board specified by the individual in the request.	2207

~~(14)~~(11) On receipt of a request pursuant to section 1121.23,	2208
1155.03, 1163.05, 1315.141, 1733.47, or 1761.26 of the Revised	2209
Code, a completed form prescribed pursuant to division (C)(1) of	2210
this section, and a set of fingerprint impressions obtained in the	2211
manner described in division (C)(2) of this section, the	2212
superintendent of the bureau of criminal identification and	2213
investigation shall conduct a criminal records check in the manner	2214
described in division (B) of this section to determine whether any	2215
information exists that indicates that the person who is the	2216
subject of the request previously has been convicted of or pleaded	2217
guilty to any criminal offense under any existing or former law of	2218
this state, any other state, or the United States.	2219

~~(15)~~(12) On receipt of a request for a criminal records check	2220
from an appointing or licensing authority under section 3772.07 of	2221
the Revised Code, a completed form prescribed under division	2222
(C)(1) of this section, and a set of fingerprint impressions	2223
obtained in the manner prescribed in division (C)(2) of this	2224
section, the superintendent of the bureau of criminal	2225
identification and investigation shall conduct a criminal records	2226
check in the manner described in division (B) of this section to	2227
determine whether any information exists that indicates that the	2228
person who is the subject of the request previously has been	2229
convicted of or pleaded guilty or no contest to any offense under	2230
any existing or former law of this state, any other state, or the	2231
United States that is a disqualifying offense as defined in	2232
section 3772.07 of the Revised Code or substantially equivalent to	2233
such an offense.	2234

~~(16)~~(13) On receipt of a request pursuant to section 2151.33	2235
or 2151.412 of the Revised Code, a completed form prescribed	2236
pursuant to division (C)(1) of this section, and a set of	2237
fingerprint impressions obtained in the manner described in	2238
division (C)(2) of this section, the superintendent of the bureau	2239
of criminal identification and investigation shall conduct a	2240
criminal records check with respect to any person for whom a	2241
criminal records check is required by that section. The	2242
superintendent shall conduct the criminal records check in the	2243
manner described in division (B) of this section to determine	2244
whether any information exists that indicates that the person who	2245
is the subject of the request previously has been convicted of or	2246
pleaded guilty to any of the following:	2247

(a) A violation of section 2903.01, 2903.02, 2903.03,	2248
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	2249
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,	2250
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,	2251
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,	2252
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,	2253
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,	2254
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,	2255
2925.22, 2925.23, or 3716.11 of the Revised Code;	2256

(b) An existing or former law of this state, any other state,	2257
or the United States that is substantially equivalent to any of	2258
the offenses listed in division (A)(13)(a) of this section.	2259

(14) Not later than thirty days after the date the	2260
superintendent receives a request of a type described in division	2261
(A)(1), (2), (3), (4), (5), (6), (7), (8), (9), ~~(10),~~ (11), (12),	2262
~~(14),~~ or ~~(15)~~(13) of this section, the completed form, and the	2263
fingerprint impressions, the superintendent shall send the results	2264
of the criminal records check to the person, board, or entity that	2265
made the request ~~any information, other than~~. The superintendent	2266
shall exclude from the results any information the dissemination	2267
of which is prohibited by federal law~~, the superintendent~~	2268
~~determines exists with respect to the person who is the subject of~~	2269
~~the request that indicates that the person previously has been~~	2270
~~convicted of or pleaded guilty to any offense listed or described~~	2271
~~in division (A)(1), (2), (3), (4), (5), (6), (7), (8), (9), (10),~~	2272
~~(11), (12), (14), or (15) of this section, as appropriate~~. The	2273
superintendent shall send the person, board, or entity that made	2274
the request a copy of the list of offenses ~~specified in division~~	2275
~~(A)(1), (2), (3), (4), (5), (6), (7), (8), (9), (10), (11), (12),~~	2276
~~(14), or (15) of this section, as appropriate~~for which the	2277
criminal records check was conducted. ~~If the request was made~~	2278
~~under section 3701.881 of the Revised Code with regard to an~~	2279
~~applicant who may be both responsible for the care, custody, or~~	2280
~~control of a child and involved in providing direct care to an~~	2281
~~older adult, the superintendent shall provide a list of the~~	2282
~~offenses specified in divisions (A)(4) and (6) of this section.~~	2283

Not later than thirty days after the superintendent receives	2284
a request for a criminal records check pursuant to section 113.041	2285
of the Revised Code, the completed form, and the fingerprint	2286
impressions, the superintendent shall send the treasurer of state	2287
any information, other than information the dissemination of which	2288
is prohibited by federal law, the superintendent determines exist	2289
with respect to the person who is the subject of the request that	2290
indicates that the person previously has been convicted of or	2291
pleaded guilty to any criminal offense in this state or any other	2292
state.	2293

(B) The superintendent shall conduct any criminal records	2294
check ~~requested under section 113.041, 121.08, 173.27, 173.394,~~	2295
~~1121.23, 1155.03, 1163.05, 1315.141, 1321.53, 1321.531, 1322.03,~~	2296
~~1322.031, 1733.47, 1761.26, 2151.86, 3301.32, 3301.541, 3319.39,~~	2297
~~3701.881, 3712.09, 3721.121, 3772.07, 4701.08, 4715.101, 4717.061,~~	2298
~~4725.121, 4725.501, 4729.071, 4730.101, 4730.14, 4730.28,~~	2299
~~4731.081, 4731.15, 4731.171, 4731.222, 4731.281, 4731.296,~~	2300
~~4731.531, 4732.091, 4734.202, 4740.061, 4741.10, 4749.03, 4749.06,~~	2301
~~4755.70, 4757.101, 4759.061, 4760.032, 4760.06, 4761.051,~~	2302
~~4762.031, 4762.06, 4763.05, 4779.091, 5104.012, 5104.013,~~	2303
~~5111.032, 5111.033, 5111.034, 5119.693, 5119.85, 5123.081,~~	2304
~~5126.28, 5126.281, or 5153.111 of the Revised Code~~to be conducted	2305
under this section as follows:	2306

(1) The superintendent shall review or cause to be reviewed	2307
any relevant information gathered and compiled by the bureau under	2308
division (A) of section 109.57 of the Revised Code that relates to	2309
the person who is the subject of the ~~request~~criminal records	2310
check, including, if the criminal records check was requested	2311
under section 113.041, 121.08, 173.27, 173.394, 1121.23, 1155.03,	2312
1163.05, 1315.141, 1321.37, 1321.53, 1321.531, 1322.03, 1322.031,	2313
1733.47, 1761.26, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881,	2314
3712.09, 3721.121, 3772.07, 4749.03, 4749.06, 4763.05, 5104.012,	2315
5104.013, 5111.032, 5111.033, 5111.034, ~~5119.693, 5119.85,~~	2316
5123.081, ~~5126.28, 5126.281,~~5123.169, or 5153.111 of the Revised	2317
Code, any relevant information contained in records that have been	2318
sealed under section 2953.32 of the Revised Code;	2319

(2) If the request received by the superintendent asks for	2320
information from the federal bureau of investigation, the	2321
superintendent shall request from the federal bureau of	2322
investigation any information it has with respect to the person	2323
who is the subject of the ~~request~~criminal records check,	2324
including fingerprint-based checks of national crime information	2325
databases as described in 42 U.S.C. 671 if the request is made	2326
pursuant to section 2151.86, 5104.012, or 5104.013 of the Revised	2327
Code or if any other Revised Code section requires	2328
fingerprint-based checks of that nature, and shall review or cause	2329
to be reviewed any information the superintendent receives from	2330
that bureau. If a request under section 3319.39 of the Revised	2331
Code asks only for information from the federal bureau of	2332
investigation, the superintendent shall not conduct the review	2333
prescribed by division (B)(1) of this section.	2334

(3) The superintendent or the superintendent's designee may	2335
request criminal history records from other states or the federal	2336
government pursuant to the national crime prevention and privacy	2337
compact set forth in section 109.571 of the Revised Code.	2338

(C)(1) The superintendent shall prescribe a form to obtain	2339
the information necessary to conduct a criminal records check from	2340
any person for whom a criminal records check is ~~requested under~~	2341
~~section 113.041 of the Revised Code or required by section 121.08,~~	2342
~~173.27, 173.394, 1121.23, 1155.03, 1163.05, 1315.141, 1321.53,~~	2343
~~1321.531, 1322.03, 1322.031, 1733.47, 1761.26, 2151.86, 3301.32,~~	2344
~~3301.541, 3319.39, 3701.881, 3712.09, 3721.121, 3772.07, 4701.08,~~	2345
~~4715.101, 4717.061, 4725.121, 4725.501, 4729.071, 4730.101,~~	2346
~~4730.14, 4730.28, 4731.081, 4731.15, 4731.171, 4731.222, 4731.281,~~	2347
~~4731.296, 4731.531, 4732.091, 4734.202, 4740.061, 4741.10,~~	2348
~~4749.03, 4749.06, 4755.70, 4757.101, 4759.061, 4760.032, 4760.06,~~	2349
~~4761.051, 4762.031, 4762.06, 4763.05, 4779.091, 5104.012,~~	2350
~~5104.013, 5111.032, 5111.033, 5111.034, 5119.693, 5119.85,~~	2351
~~5123.081, 5126.28, 5126.281, or 5153.111 of the Revised Code~~to be	2352
conducted under this section. The form that the superintendent	2353
prescribes pursuant to this division may be in a tangible format,	2354
in an electronic format, or in both tangible and electronic	2355
formats.	2356

(2) The superintendent shall prescribe standard impression	2357
sheets to obtain the fingerprint impressions of any person for	2358
whom a criminal records check is ~~requested under section 113.041~~	2359
~~of the Revised Code or required by section 121.08, 173.27,~~	2360
~~173.394, 1121.23, 1155.03, 1163.05, 1315.141, 1321.53, 1321.531,~~	2361
~~1322.03, 1322.031, 1733.47, 1761.26, 2151.86, 3301.32, 3301.541,~~	2362
~~3319.39, 3701.881, 3712.09, 3721.121, 3772.07, 4701.08, 4715.101,~~	2363
~~4717.061, 4725.121, 4725.501, 4729.071, 4730.101, 4730.14,~~	2364
~~4730.28, 4731.081, 4731.15, 4731.171, 4731.222, 4731.281,~~	2365
~~4731.296, 4731.531, 4732.091, 4734.202, 4740.061, 4741.10,~~	2366
~~4749.03, 4749.06, 4755.70, 4757.101, 4759.061, 4760.032, 4760.06,~~	2367
~~4761.051, 4762.031, 4762.06, 4763.05, 4779.091, 5104.012,~~	2368
~~5104.013, 5111.032, 5111.033, 5111.034, 5119.693, 5119.85,~~	2369
~~5123.081, 5126.28, 5126.281, or 5153.111 of the Revised Code~~to be	2370
conducted under this section. Any person for whom a records check	2371
is ~~requested under or required by any of those sections~~to be	2372
conducted under this section shall obtain the fingerprint	2373
impressions at a county sheriff's office, municipal police	2374
department, or any other entity with the ability to make	2375
fingerprint impressions on the standard impression sheets	2376
prescribed by the superintendent. The office, department, or	2377
entity may charge the person a reasonable fee for making the	2378
impressions. The standard impression sheets the superintendent	2379
prescribes pursuant to this division may be in a tangible format,	2380
in an electronic format, or in both tangible and electronic	2381
formats.	2382

(3) Subject to division (D) of this section, the	2383
superintendent shall prescribe and charge a reasonable fee for	2384
providing a criminal records check ~~requested under section~~	2385
~~113.041, 121.08, 173.27, 173.394, 1121.23, 1155.03, 1163.05,~~	2386
~~1315.141, 1321.53, 1321.531, 1322.03, 1322.031, 1733.47, 1761.26,~~	2387
~~2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09, 3721.121,~~	2388
~~3772.07, 4701.08, 4715.101, 4717.061, 4725.121, 4725.501,~~	2389
~~4729.071, 4730.101, 4730.14, 4730.28, 4731.081, 4731.15, 4731.171,~~	2390
~~4731.222, 4731.281, 4731.296, 4731.531, 4732.091, 4734.202,~~	2391
~~4740.061, 4741.10, 4749.03, 4749.06, 4755.70, 4757.101, 4759.061,~~	2392
~~4760.032, 4760.06, 4761.051, 4762.031, 4762.06, 4763.05, 4779.091,~~	2393
~~5104.012, 5104.013, 5111.032, 5111.033, 5111.034, 5119.693,~~	2394
~~5119.85, 5123.081, 5126.28, 5126.281, or 5153.111 of the Revised~~	2395
~~Code~~under this section. The person ~~making a~~requesting the	2396
criminal records ~~request under any of those sections~~check shall	2397
pay the fee prescribed pursuant to this division. ~~A person making~~	2398
~~a request under section 3701.881 of the Revised Code for a~~	2399
~~criminal records check for an applicant who may be both~~	2400
~~responsible for the care, custody, or control of a child and~~	2401
~~involved in providing direct care to an older adult shall pay one~~	2402
~~fee for the request.~~ In the case of a request under section	2403
1121.23, 1155.03, 1163.05, 1315.141, 1733.47, 1761.26, 2151.33,	2404
2151.412, or 5111.032 of the Revised Code, the fee shall be paid	2405
in the manner specified in that section.	2406

(4) The superintendent of the bureau of criminal	2407
identification and investigation may prescribe methods of	2408
forwarding fingerprint impressions and information necessary to	2409
conduct a criminal records check, which methods shall include, but	2410
not be limited to, an electronic method.	2411

(D) ~~A determination whether any information exists that~~	2412
~~indicates that a person previously has been convicted of or~~	2413
~~pleaded guilty to any offense listed or described in division~~	2414
~~(A)(1)(a) or (b), (A)(2)(a) or (b), (A)(3)(a) or (b), (A)(4)(a) or~~	2415
~~(b), (A)(5)(a) or (b), (A)(6)(a) or (b), (A)(7), (A)(8)(a) or (b),~~	2416
~~(A)(9)(a) or (b), (A)(10)(a) or (b), (A)(12), (A)(14), or (A)(15)~~	2417
~~of this section, or that indicates that a person previously has~~	2418
~~been convicted of or pleaded guilty to any criminal offense in~~	2419
~~this state or any other state regarding a criminal records check~~	2420
~~of a type described in division (A)(13) of this section, and that~~	2421
~~is made by the superintendent with respect to information~~	2422
~~considered in~~The results of a criminal records check in	2423
~~accordance with~~conducted under this section is, other than a	2424
criminal records check specified in division (A)(8) of this	2425
section, are valid for the person who is the subject of the	2426
criminal records check for a period of one year from the date upon	2427
which the superintendent ~~makes the determination~~completes the	2428
criminal records check. ~~During the~~If during that period ~~in which~~	2429
~~the determination in regard to a person is valid, if~~the	2430
superintendent receives another request ~~under this section is made~~	2431
for a criminal records check to be conducted under this section	2432
for that person, the superintendent shall provide the ~~information~~	2433
~~that is the basis for the superintendent's initial determination~~	2434
results from the previous criminal records check of the person at	2435
a lower fee than the fee prescribed for the initial criminal	2436
records check.	2437

(E) When the superintendent receives a request for	2438
information from a registered private provider, the superintendent	2439
shall proceed as if the request was received from a school	2440
district board of education under section 3319.39 of the Revised	2441
Code. The superintendent shall apply division (A)~~(7)~~(4) of this	2442
section to any such request for an applicant who is a teacher.	2443

(F) As used in this section:

2444

(1) "Criminal records check" means any criminal records check	2445
conducted by the superintendent of the bureau of criminal	2446
identification and investigation in accordance with division (B)	2447
of this section.	2448

(2) "Minor drug possession offense" has the same meaning as	2449
in section 2925.01 of the Revised Code.	2450

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

2451

~~(4)~~ "OVI or OVUAC violation" means a violation of section	2452
4511.19 of the Revised Code or a violation of an existing or	2453
former law of this state, any other state, or the United States	2454
that is substantially equivalent to section 4511.19 of the Revised	2455
Code.	2456

~~(5)~~(4) "Registered private provider" means a nonpublic school	2457
or entity registered with the superintendent of public instruction	2458
under section 3310.41 of the Revised Code to participate in the	2459
autism scholarship program or section 3310.58 of the Revised Code	2460
to participate in the Jon Peterson special needs scholarship	2461
program.	2462

Sec. 109.801. (A)(1) Each year, any of the following persons	2463
who are authorized to carry firearms in the course of their	2464
official duties shall complete successfully a firearms	2465
requalification program approved by the executive director of the	2466
Ohio peace officer training commission in accordance with rules	2467
adopted by the attorney general pursuant to section 109.743 of the	2468
Revised Code: any peace officer, sheriff, chief of police of an	2469
organized police department of a municipal corporation or	2470
township, chief of police of a township police district or joint	2471
police district police force, superintendent of the state highway	2472
patrol, state highway patrol trooper, or chief of police of a	2473
university or college police department; any parole or probation	2474
officer who carries a firearm in the course of official duties;	2475
the house of representatives sergeant at arms if the house of	2476
representatives sergeant at arms has arrest authority pursuant to	2477
division (E)(1) of section 101.311 of the Revised Code; any	2478
assistant house of representatives sergeant at arms; the senate	2479
sergeant at arms; any assistant senate sergeant at arms; or any	2480
employee of the department of youth services who is designated	2481
pursuant to division (A)(2) of section 5139.53 of the Revised Code	2482
as being authorized to carry a firearm while on duty as described	2483
in that division.	2484

(2) No person listed in division (A)(1) of this section shall	2485
carry a firearm during the course of official duties if the person	2486
does not comply with division (A)(1) of this section.	2487

(B) The hours that a sheriff spends attending a firearms	2488
requalification program required by division (A) of this section	2489
are in addition to the sixteen hours of continuing education that	2490
are required by division (E) of section 311.01 of the Revised	2491
Code.	2492

(C) As used in this section, "firearm" has the same meaning	2493
as in section 2923.11 of the Revised Code.	2494

Sec. 119.032. (A) As used in this section and in section	2495
119.033 of the Revised Code:	2496

(1) "Agency" includes both an agency as defined in division	2497
(A)(2) of section 111.15 and an agency as defined in division (A)	2498
of section 119.01 of the Revised Code.	2499

(2) "Review date" means the review date assigned to a rule by	2500
an agency ~~under division (B) or (E)(2) of this section or under~~	2501
~~section 111.15, 119.04, or 4141.14 of the Revised Code or a review~~	2502
~~date~~or an extended review date assigned to a rule by the joint	2503
committee on agency rule review ~~under division (B) of this~~	2504
~~section~~.	2505

(3)(a) "Rule" means only a rule whose adoption, amendment, or	2506
rescission is subject to review under division (D) of section	2507
111.15 or division (H) of section 119.03 of the Revised Code.	2508

(b) "Rule" does not include ~~a rule adopted, amended, or~~	2509
~~rescinded by the department of taxation under section 5703.14 of~~	2510
~~the Revised Code,~~ a rule of a state college or university,	2511
community college district, technical college district, or state	2512
community college, or a rule that is consistent with and	2513
equivalent to the form required by a federal law and that does not	2514
exceed the minimum scope and intent of that federal law.	2515

(B) ~~Not later than March 25, 1997, each agency shall assign a~~	2516
~~review date to each of its rules that is currently in effect and~~	2517
~~shall notify the joint committee on agency rule review of the~~	2518
~~review date for each such rule. The agency shall assign review~~	2519
~~dates to its rules so that approximately one-fifth of the rules~~	2520
~~are scheduled for review during each calendar year of the~~	2521
~~five-year period that begins March 25, 1997, except that an~~	2522
~~agency, with the joint committee's approval, may set a review~~	2523
~~schedule for the agency's rules in which there is no requirement~~	2524
~~that approximately one-fifth of the agency's rules be assigned a~~	2525
~~review date during each calendar year of the five-year period but~~	2526
~~in which all of the agency's rules are assigned a review date~~	2527
~~during that five-year period.~~ An agency may change the review	2528
dates it has assigned to specific rules so long as the agency	2529
complies with the five-year time deadline ~~specified in this~~	2530
~~division~~.	2531

Upon the request of the agency that adopted the rule, the	2532
joint committee on agency rule review may extend a review date of	2533
a rule to a date that is not later than one hundred eighty days	2534
after the ~~original~~ review date assigned to the rule by the agency	2535
~~under this division, division (E)(2) of this section, or section~~	2536
~~111.15, 119.04, or 4141.14 of the Revised Code~~. The joint	2537
committee may further extend a review date that has been extended	2538
under this paragraph if appropriate under the circumstances.	2539

(C) Prior to the review date of a rule, the agency that	2540
adopted the rule shall review the rule to determine all of the	2541
following:	2542

(1) Whether the rule should be continued without amendment,	2543
be amended, or be rescinded, taking into consideration the	2544
purpose, scope, and intent of the statute under which the rule was	2545
adopted;	2546

(2) Whether the rule needs amendment or rescission to give	2547
more flexibility at the local level;	2548

(3) Whether the rule needs amendment or rescission to	2549
eliminate unnecessary paperwork, or whether the rule incorporates	2550
a text or other material by reference and, if so, whether the text	2551
or other material incorporated by reference is deposited or	2552
displayed as required by section 121.74 of the Revised Code and	2553
whether the incorporation by reference meets the standards stated	2554
in sections 121.72, 121.75, and 121.76 of the Revised Code;	2555

(4) Whether the rule duplicates, overlaps with, or conflicts	2556
with other rules;	2557

(5) Whether the rule has an adverse impact on businesses,	2558
reviewing the rule as if it were a draft rule being reviewed under	2559
sections 107.52 and 107.53 of the Revised Code, and whether any	2560
such adverse impact has been eliminated or reduced.	2561

~~(D)~~ In making ~~the~~its review ~~required under division (C) of~~	2562
~~this section~~, the agency shall consider the continued need for the	2563
rule, the nature of any complaints or comments received concerning	2564
the rule, and any relevant factors that have changed in the	2565
subject matter area affected by the rule.	2566

(~~E)(1) On or before the designated review date of a rule, the~~	2567
~~agency that adopted the rule shall proceed under division (E)(2)~~	2568
~~or (5) of this section to indicate that the agency has reviewed~~	2569
~~the rule.~~	2570

~~(2) If the agency has determined that the rule does not need~~	2571
~~to be amended or rescinded, the agency shall file all the~~	2572
~~following, in electronic form, with the joint committee on agency~~	2573
~~rule review, the secretary of state, and the director of the~~	2574
~~legislative service commission: a copy of the rule, a statement of~~	2575
~~the agency's determination, and an accurate rule summary and~~	2576
~~fiscal analysis for the rule as described in section 127.18 of the~~	2577
~~Revised Code. The agency shall assign a new review date to the~~	2578
~~rule, which shall not be later than five years after the rule's~~	2579
~~immediately preceding review date. After the joint committee has~~	2580
~~reviewed such a rule for the first time, including any rule that~~	2581
~~was in effect on September 26, 1996, the agency in its subsequent~~	2582
~~reviews of the rule may provide the same fiscal analysis it~~	2583
~~provided to the joint committee during its immediately preceding~~	2584
~~review of the rule unless any of the conditions described in~~	2585
~~division (B)(4), (5), (6), (8), (9), or (10) of section 127.18 of~~	2586
~~the Revised Code, as they relate to the rule, have appreciably~~	2587
~~changed since the joint committee's immediately preceding review~~	2588
~~of the rule. If any of these conditions, as they relate to the~~	2589
~~rule, have appreciably changed, the agency shall provide the joint~~	2590
~~committee with an updated fiscal analysis for the rule. If no~~	2591
~~review date is assigned to a rule, or if a review date assigned to~~	2592
~~a rule exceeds the five-year maximum, the review date for the rule~~	2593
~~is five years after its immediately preceding review date. The~~	2594
~~joint committee shall give public notice in the register of Ohio~~	2595
~~of the agency's determination after receiving a notice from the~~	2596
~~agency under division (E)(2) of this section. The joint committee~~	2597
~~shall transmit a copy of the notice in electronic form to the~~	2598
~~director of the legislative service commission. The director shall~~	2599
~~publish the notice in the register of Ohio for four consecutive~~	2600
~~weeks after its receipt.~~	2601

~~(3) During the ninety-day period following the date the joint~~	2602
~~committee receives a notice under division (E)(2) of this section~~	2603
~~but after the four-week period described in division (E)(2) of~~	2604
~~this section has ended, the joint committee, by a two-thirds vote~~	2605
~~of the members present, may recommend the adoption of a concurrent~~	2606
~~resolution invalidating the rule if the joint committee determines~~	2607
~~that any of the following apply:~~	2608

~~(a) The agency improperly applied the criteria described in~~	2609
~~divisions (C) and (D) of this section in reviewing the rule and in~~	2610
~~recommending its continuance without amendment or rescission.~~	2611

~~(b) The agency failed to file proper notice with the joint~~	2612
~~committee regarding the rule, or if the rule incorporates a text~~	2613
~~or other material by reference, the agency failed to file, or to~~	2614
~~deposit or display, the text or other material incorporated by~~	2615
~~reference as required by section 121.73 or 121.74 of the Revised~~	2616
~~Code or the incorporation by reference fails to meet the standards~~	2617
~~stated in section 121.72, 121.75, or 121.76 of the Revised Code.~~	2618

~~(c) The rule has an adverse impact on businesses, as~~	2619
~~determined under section 107.52 of the Revised Code, and the~~	2620
~~agency has not eliminated or reduced that impact as required under~~	2621
~~section 121.82 of the Revised Code.~~	2622

~~(4) If the joint committee does not take the action described~~	2623
~~in division (E)(3) of this section regarding a rule during the~~	2624
~~ninety-day period after the date the joint committee receives a~~	2625
~~notice under division (E)(2) of this section regarding that rule,~~	2626
~~the rule shall continue in effect without amendment and shall be~~	2627
~~next reviewed by the joint committee by the date designated by the~~	2628
~~agency in the notice provided to the joint committee under~~	2629
~~division (E)(2) of this section.~~	2630

~~(5) If the agency has determined that a rule reviewed under~~	2631
~~division (C) of this section needs to be amended or rescinded, the~~	2632
~~agency, on or before the rule's review date, shall file the rule~~	2633
~~as amended or rescinded in accordance with section 111.15, 119.03,~~	2634
~~or 4141.14 of the Revised Code, as applicable.~~	2635

~~(6)~~(D) Prior to the review date of a rule, the agency that	2636
adopted the rule shall determine, on the basis of its review of	2637
the rule, whether the rule needs to be amended or rescinded.	2638

(1) If the rule needs to be amended or rescinded, the agency,	2639
on or before the review date of the rule, shall commence the	2640
process of amending or rescinding the rule in accordance with its	2641
review of the rule.	2642

(2) If the rule does not need to be amended or rescinded,	2643
proceedings shall be had under section 119.033 of the Revised	2644
Code.	2645

(E) Each agency shall provide the joint committee with a copy	2646
of the rules that it has determined are rules described in	2647
division (A)(3)(b) of this section. At a time the joint committee	2648
designates, each agency shall appear before the joint committee	2649
and explain why it has determined that such rules are rules	2650
described in division (A)(3)(b) of this section. The joint	2651
committee, by a two-thirds vote of the members present, may	2652
determine that any of such rules are rules described in division	2653
(A)(3)(a) of this section. After the joint committee has made such	2654
a determination relating to a rule, the agency shall thereafter	2655
treat the rule as a rule described in division (A)(3)(a) of this	2656
section.	2657

(F) If an agency fails to ~~provide the notice to the joint~~	2658
~~committee required under division (E)(2) of this section regarding~~	2659
~~a rule or otherwise fails by the rule's review date to take any~~	2660
~~action regarding the rule required by~~comply with this section or	2661
section 119.033 of the Revised Code, the joint committee, by a	2662
majority vote of the members present, may recommend the adoption	2663
of a concurrent resolution invalidating the rule. The joint	2664
committee shall not recommend the adoption of such a resolution	2665
until it has afforded the agency the opportunity to appear before	2666
the joint committee to show cause why the joint committee should	2667
not recommend the adoption of such a resolution regarding that	2668
rule.	2669

(G) If the joint committee recommends adoption of a	2670
concurrent resolution invalidating a rule under ~~division (E)(3) or~~	2671
~~(F) of~~ this section or section 119.033 of the Revised Code, the	2672
adoption of the concurrent resolution shall be in the manner	2673
described in division (I) of section 119.03 of the Revised Code.	2674

Sec. 119.033. If an agency, on the basis of its review of a	2675
rule under section 119.032 of the Revised Code, determines that	2676
the rule does not need to be amended or rescinded, proceedings	2677
shall be had as follows:	2678

(A)(1) If, considering only the standard of review specified	2679
in division (C)(5) of section 119.032 of the Revised Code, the	2680
rule has an adverse impact on businesses that has not been	2681
eliminated or reduced, the agency shall prepare a business impact	2682
analysis that describes its review of the rule under that division	2683
and that explains why the rule is not being amended or rescinded	2684
to reduce or eliminate its adverse impact on businesses. If the	2685
rule does not have an adverse impact on businesses, the agency may	2686
proceed under division (B) of this section.	2687

(2) The agency shall transmit a copy of the full text of the	2688
rule and the business impact analysis electronically to the common	2689
sense initiative office. The office shall make the rule and	2690
analysis available to the public on its web site under section	2691
107.62 of the Revised Code.	2692

(3) The agency shall consider any recommendations made by the	2693
office.	2694

(4) Not earlier than the sixteenth business day after	2695
transmitting the rule and analysis to the office, the agency shall	2696
either (a) proceed under division (B) of this section or (b)	2697
commence, under division (D)(1) of section 119.032 of the Revised	2698
Code, the process of rescinding the rule or of amending the rule	2699
to incorporate into the rule features the recommendations suggest	2700
will eliminate or reduce the adverse impact the rule has on	2701
businesses. If the agency determines to amend or rescind the rule,	2702
the agency is not subject to the time limit specified in division	2703
(D)(1) of section 119.032 of the Revised Code.	2704

(5) If the agency receives recommendations from the office,	2705
and determines not to amend or rescind the rule, the agency shall	2706
prepare a memorandum of response that explains why the rule is not	2707
being rescinded or why the recommendations are not being	2708
incorporated into the rule.	2709

(B) The agency shall assign a new review date to the rule.	2710
The review date assigned shall be not later than five years after	2711
the immediately preceding review date pertaining to the rule. If	2712
the agency assigns a review date that exceeds the five-year	2713
maximum, the review date is five years after the immediately	2714
preceding review date.	2715

(C)(1) The agency shall file all the following, in electronic	2716
form, with the joint committee on agency rule review, the	2717
secretary of state, and the director of the legislative service	2718
commission: a copy of the rule specifying its new review date, a	2719
complete and accurate rule summary and fiscal analysis, and, if	2720
relevant, a business impact analysis of the rule, any comments	2721
received from the common sense initiative office, and any	2722
memorandum of response. An agency may comply with the requirement	2723
to file a complete and accurate rule summary and fiscal analysis	2724
by filing a previously prepared rule summary and fiscal analysis,	2725
so long as the previous rule summary and fiscal analysis was	2726
complete and accurate at the time it was prepared, continues to be	2727
such a complete and accurate explanation of the rule, and the	2728
conditions described in division (B)(4), (5), (6), (8), (9), or	2729
(10) of section 127.18 of the Revised Code, as they relate to the	2730
rule, have not appreciably changed since the previous rule summary	2731
and fiscal analysis was prepared.	2732

(2) The joint committee does not have jurisdiction to review,	2733
and shall reject, the filing of a rule under division (C)(1) of	2734
this section if, at any time while the rule is in its possession,	2735
it discovers that the rule has an adverse impact on businesses and	2736
the agency has not complied with division (A) of this section. The	2737
joint committee shall electronically return a rule that is	2738
rejected to the agency, together with any documents that were part	2739
of the filing. Such a rejection does not preclude the agency from	2740
refiling the rule under division (C)(1) of this section after	2741
complying with division (A) of this section. When the filing of a	2742
rule is rejected under this division, it is as if the filing had	2743
not been made.	2744

(D) The joint committee shall publish notice of the agency's	2745
determination not to amend or rescind the rule in the register of	2746
Ohio for four consecutive weeks after the rule is filed under	2747
division (C)(1) of this section.	2748

(E) During the ninety-day period after a rule is filed under	2749
division (C)(1) of this section, but after the four-week notice	2750
period required by division (D) of this section has ended, the	2751
joint committee, by a two-thirds vote of members present, may	2752
recommend adoption of a concurrent resolution invalidating the	2753
rule if the joint committee finds any of the following:	2754

(1) The agency improperly applied the standards in division	2755
(C) of section 119.032 of the Revised Code in reviewing the rule	2756
and in determining that the rule did not need amendment or	2757
rescission.	2758

(2) The rule has an adverse impact on businesses, and the	2759
agency has failed to demonstrate through a business impact	2760
analysis, recommendations from the common sense initiative office,	2761
and a memorandum of response that the regulatory intent of the	2762
rule justifies its adverse impact on businesses.	2763

(3) If the rule incorporates a text or other material by	2764
reference, the agency failed to file, or to deposit or display,	2765
the text or other material incorporated by reference as required	2766
by section 121.73 or 121.74 of the Revised Code or the	2767
incorporation by reference fails to meet the standards stated in	2768
section 121.72, 121.75, or 121.76 of the Revised Code.	2769

(4) The agency failed to make a proper filing under division	2770
(C)(1) of this section.	2771

If the joint committee does not take any of these actions	2772
during the prescribed time, the rule continues in effect without	2773
amendment and shall be next reviewed by the joint committee with	2774
reference to the new review date assigned by the agency.	2775

Sec. 121.04. Offices are created within the several	2776
departments as follows:	2777

In the department of commerce:

2778

		Commissioner of securities;		2779
		Superintendent of real estate and professional licensing;		2780
		Superintendent of financial institutions;		2781
		State fire marshal;		2782
		Superintendent of ~~labor~~ industrial compliance;		2783
		Superintendent of liquor control;		2784
		Superintendent of unclaimed funds.		2785

In the department of administrative services:

2786

		~~State architect and engineer;~~		2787
		Equal employment opportunity coordinator.		2788

In the department of agriculture:

2789

Chiefs of divisions as follows:

2790

		Administration;		2791
		Animal health;		2792
		Livestock environmental permitting;		2793
		Dairy;		2794
		Food safety;		2795
		Plant health;		2796
		Markets;		2797
		Meat inspection;		2798
		Consumer protection laboratory;		2799
		Amusement ride safety;		2800
		Enforcement;		2801
		Weights and measures.		2802

In the department of natural resources:

2803

Chiefs of divisions as follows:

2804

		Mineral resources management;		2805
		Oil and gas resources management;		2806
		Forestry;		2807
		Natural areas and preserves;		2808
		Wildlife;		2809
		Geological survey;		2810
		Parks and recreation;		2811
		Watercraft;		2812
		~~Recycling and litter prevention;~~		2813
		Soil and water resources;		2814
		Engineering.		2815

In the department of insurance:

2816

		Deputy superintendent of insurance;		2817
		Assistant superintendent of insurance, technical;		2818
		Assistant superintendent of insurance, administrative;		2819
		Assistant superintendent of insurance, research.		2820

Sec. 121.08. (A) There is hereby created in the department	2821
of commerce the position of deputy director of administration.	2822
This officer shall be appointed by the director of commerce, serve	2823
under the director's direction, supervision, and control, perform	2824
the duties the director prescribes, and hold office during the	2825
director's pleasure. The director of commerce may designate an	2826
assistant director of commerce to serve as the deputy director of	2827
administration. The deputy director of administration shall	2828
perform the duties prescribed by the director of commerce in	2829
supervising the activities of the division of administration of	2830
the department of commerce.	2831

(B) Except as provided in section 121.07 of the Revised Code,	2832
the department of commerce shall have all powers and perform all	2833
duties vested in the deputy director of administration, the state	2834
fire marshal, the superintendent of financial institutions, the	2835
superintendent of real estate and professional licensing, the	2836
superintendent of liquor control, the superintendent of ~~labor~~	2837
industrial compliance, the superintendent of unclaimed funds, and	2838
the commissioner of securities, and shall have all powers and	2839
perform all duties vested by law in all officers, deputies, and	2840
employees of those offices. Except as provided in section 121.07	2841
of the Revised Code, wherever powers are conferred or duties	2842
imposed upon any of those officers, the powers and duties shall be	2843
construed as vested in the department of commerce.	2844

(C)(1) There is hereby created in the department of commerce	2845
a division of financial institutions, which shall have all powers	2846
and perform all duties vested by law in the superintendent of	2847
financial institutions. Wherever powers are conferred or duties	2848
imposed upon the superintendent of financial institutions, those	2849
powers and duties shall be construed as vested in the division of	2850
financial institutions. The division of financial institutions	2851
shall be administered by the superintendent of financial	2852
institutions.	2853

(2) All provisions of law governing the superintendent of	2854
financial institutions shall apply to and govern the	2855
superintendent of financial institutions provided for in this	2856
section; all authority vested by law in the superintendent of	2857
financial institutions with respect to the management of the	2858
division of financial institutions shall be construed as vested in	2859
the superintendent of financial institutions created by this	2860
section with respect to the division of financial institutions	2861
provided for in this section; and all rights, privileges, and	2862
emoluments conferred by law upon the superintendent of financial	2863
institutions shall be construed as conferred upon the	2864
superintendent of financial institutions as head of the division	2865
of financial institutions. The director of commerce shall not	2866
transfer from the division of financial institutions any of the	2867
functions specified in division (C)(2) of this section.	2868

(D) There is hereby created in the department of commerce a	2869
division of liquor control, which shall have all powers and	2870
perform all duties vested by law in the superintendent of liquor	2871
control. Wherever powers are conferred or duties are imposed upon	2872
the superintendent of liquor control, those powers and duties	2873
shall be construed as vested in the division of liquor control.	2874
The division of liquor control shall be administered by the	2875
superintendent of liquor control.	2876

(E) The director of commerce shall not be interested,	2877
directly or indirectly, in any firm or corporation which is a	2878
dealer in securities as defined in sections 1707.01 and 1707.14 of	2879
the Revised Code, or in any firm or corporation licensed under	2880
sections 1321.01 to 1321.19 of the Revised Code.	2881

(F) The director of commerce shall not have any official	2882
connection with a savings and loan association, a savings bank, a	2883
bank, a bank holding company, a savings and loan association	2884
holding company, a consumer finance company, or a credit union	2885
that is under the supervision of the division of financial	2886
institutions, or a subsidiary of any of the preceding entities, or	2887
be interested in the business thereof.	2888

(G) There is hereby created in the state treasury the	2889
division of administration fund. The fund shall receive	2890
assessments on the operating funds of the department of commerce	2891
in accordance with procedures prescribed by the director of	2892
commerce and approved by the director of budget and management.	2893
All operating expenses of the division of administration shall be	2894
paid from the division of administration fund.	2895

(H) There is hereby created in the department of commerce a	2896
division of real estate and professional licensing, which shall be	2897
under the control and supervision of the director of commerce. The	2898
division of real estate and professional licensing shall be	2899
administered by the superintendent of real estate and professional	2900
licensing. The superintendent of real estate and professional	2901
licensing shall exercise the powers and perform the functions and	2902
duties delegated to the superintendent under Chapters 4735.,	2903
4763., and 4767. of the Revised Code.	2904

(I) There is hereby created in the department of commerce a	2905
division of ~~labor~~industrial compliance, which shall have all	2906
powers and perform all duties vested by law in the superintendent	2907
of ~~labor~~industrial compliance. Wherever powers are conferred or	2908
duties imposed upon the superintendent of ~~labor~~industrial	2909
compliance, those powers and duties shall be construed as vested	2910
in the division of ~~labor~~industrial compliance. The division of	2911
~~labor~~industrial compliance shall be under the control and	2912
supervision of the director of commerce and be administered by the	2913
superintendent of ~~labor~~industrial compliance.	2914

(J) There is hereby created in the department of commerce a	2915
division of unclaimed funds, which shall have all powers and	2916
perform all duties delegated to or vested by law in the	2917
superintendent of unclaimed funds. Wherever powers are conferred	2918
or duties imposed upon the superintendent of unclaimed funds,	2919
those powers and duties shall be construed as vested in the	2920
division of unclaimed funds. The division of unclaimed funds shall	2921
be under the control and supervision of the director of commerce	2922
and shall be administered by the superintendent of unclaimed	2923
funds. The superintendent of unclaimed funds shall exercise the	2924
powers and perform the functions and duties delegated to the	2925
superintendent by the director of commerce under section 121.07	2926
and Chapter 169. of the Revised Code, and as may otherwise be	2927
provided by law.	2928

(K) The department of commerce or a division of the	2929
department created by the Revised Code that is acting with	2930
authorization on the department's behalf may request from the	2931
bureau of criminal identification and investigation pursuant to	2932
section 109.572 of the Revised Code, or coordinate with	2933
appropriate federal, state, and local government agencies to	2934
accomplish, criminal records checks for the persons whose	2935
identities are required to be disclosed by an applicant for the	2936
issuance or transfer of a permit, license, certificate of	2937
registration, or certification issued or transferred by the	2938
department or division. At or before the time of making a request	2939
for a criminal records check, the department or division may	2940
require any person whose identity is required to be disclosed by	2941
an applicant for the issuance or transfer of such a license,	2942
permit, certificate of registration, or certification to submit to	2943
the department or division valid fingerprint impressions in a	2944
format and by any media or means acceptable to the bureau of	2945
criminal identification and investigation and, when applicable,	2946
the federal bureau of investigation. The department or division	2947
may cause the bureau of criminal identification and investigation	2948
to conduct a criminal records check through the federal bureau of	2949
investigation only if the person for whom the criminal records	2950
check would be conducted resides or works outside of this state or	2951
has resided or worked outside of this state during the preceding	2952
five years, or if a criminal records check conducted by the bureau	2953
of criminal identification and investigation within this state	2954
indicates that the person may have a criminal record outside of	2955
this state.	2956

In the case of a criminal records check under section 109.572	2957
of the Revised Code, the department or division shall forward to	2958
the bureau of criminal identification and investigation the	2959
requisite form, fingerprint impressions, and fee described in	2960
division (C) of that section. When requested by the department or	2961
division in accordance with this section, the bureau of criminal	2962
identification and investigation shall request from the federal	2963
bureau of investigation any information it has with respect to the	2964
person who is the subject of the requested criminal records check	2965
and shall forward the requisite fingerprint impressions and	2966
information to the federal bureau of investigation for that	2967
criminal records check. After conducting a criminal records check	2968
or receiving the results of a criminal records check from the	2969
federal bureau of investigation, the bureau of criminal	2970
identification and investigation shall provide the results to the	2971
department or division.	2972

The department or division may require any person about whom	2973
a criminal records check is requested to pay to the department or	2974
division the amount necessary to cover the fee charged to the	2975
department or division by the bureau of criminal identification	2976
and investigation under division (C)(3) of section 109.572 of the	2977
Revised Code, including, when applicable, any fee for a criminal	2978
records check conducted by the federal bureau of investigation.	2979

Sec. 121.083. The superintendent of ~~labor~~industrial	2980
compliance in the department of commerce shall do all of the	2981
following:	2982

(A) Administer and enforce the general laws of this state	2983
pertaining to buildings, pressure piping, boilers, bedding,	2984
upholstered furniture, and stuffed toys, steam engineering,	2985
elevators, plumbing, licensed occupations regulated by the	2986
department, and travel agents, as they apply to plans review,	2987
inspection, code enforcement, testing, licensing, registration,	2988
and certification.	2989

(B) Exercise the powers and perform the duties delegated to	2990
the superintendent by the director of commerce under Chapters	2991
4109., 4111., and 4115. of the Revised Code.	2992

2993

(D) Examine and license persons who desire to act as steam	2994
engineers, to operate steam boilers, and to act as inspectors of	2995
steam boilers, provide for the scope, conduct, and time of such	2996
examinations, provide for, regulate, and enforce the renewal and	2997
revocation of such licenses, inspect and examine steam boilers and	2998
make, publish, and enforce rules and orders for the construction,	2999
installation, inspection, and operation of steam boilers, and do,	3000
require, and enforce all things necessary to make such	3001
examination, inspection, and requirement efficient.	3002

(E) Rent and furnish offices as needed in cities in this	3003
state for the conduct of its affairs.	3004

(F) Oversee a chief of construction and compliance, a chief	3005
of operations and maintenance, a chief of licensing and	3006
certification, a chief of worker protection, and other designees	3007
appointed by the director to perform the duties described in this	3008
section.	3009

(G) Enforce the rules the board of building standards adopts	3010
pursuant to division (A)(2) of section 4104.43 of the Revised Code	3011
under the circumstances described in division (D) of that section.	3012

(H) Accept submissions, establish a fee for submissions, and	3013
review submissions of certified welding and brazing procedure	3014
specifications, procedure qualification records, and performance	3015
qualification records for building services piping as required by	3016
section 4104.44 of the Revised Code.	3017

Sec. 121.084. (A) All moneys collected under sections	3018
3783.05, 3791.07, 4104.07, 4104.18, 4104.44, 4105.17, 4105.20,	3019
4169.03, 4171.04, and 5104.051 of the Revised Code, and any other	3020
moneys collected by the division of ~~labor~~industrial compliance	3021
shall be paid into the state treasury to the credit of the ~~labor~~	3022
industrial compliance operating fund, which is hereby created. The	3023
department of commerce shall use the moneys in the fund for paying	3024
the operating expenses of the division and the administrative	3025
assessment described in division (B) of this section.	3026

(B) The director of commerce, with the approval of the	3027
director of budget and management, shall prescribe procedures for	3028
assessing the ~~labor~~industrial compliance operating fund a	3029
proportionate share of the administrative costs of the department	3030
of commerce. The assessment shall be made in accordance with those	3031
procedures and be paid from the ~~labor~~industrial compliance	3032
operating fund to the division of administration fund created in	3033
section 121.08 of the Revised Code.	3034

Sec. 121.35. (A) Subject to division (B) of this section,	3035
the following state agencies shall collaborate to revise and make	3036
more uniform the eligibility standards and eligibility	3037
determination procedures of programs the state agencies	3038
administer:	3039

(1) The department of aging;

3040

(2) The department of alcohol and drug addiction services;

3041

(3) The department of development;

3042

(4) The department of developmental disabilities;

3043

(5) The department of education;

3044

(6) The department of health;

3045

(7) The department of job and family services;

3046

(8) The department of mental health;

3047

(9) The rehabilitation services commission.

3048

(B) In revising eligibility standards and eligibility	3049
determination procedures, a state agency shall not make any	3050
program's eligibility standards or eligibility determination	3051
procedures inconsistent with state or federal law. To the extent	3052
authorized by state and federal law, the revisions may provide for	3053
the state agencies to share administrative operations.	3054

Sec. 123.01. (A) The department of administrative services,	3055
in addition to those powers enumerated in Chapters 124. and 125.	3056
of the Revised Code and provided elsewhere by law, shall exercise	3057
the following powers:	3058

(1) ~~To prepare, or contract to be prepared, by licensed~~	3059
~~engineers or architects, surveys, general and detailed plans,~~	3060
~~specifications, bills of materials, and estimates of cost for any~~	3061
~~projects, improvements, or public buildings to be constructed by~~	3062
~~state agencies that may be authorized by legislative~~	3063
~~appropriations or any other funds made available therefor,~~	3064
~~provided that the construction of the projects, improvements, or~~	3065
~~public buildings is a statutory duty of the department. This~~	3066
~~section does not require the independent employment of an~~	3067
~~architect or engineer as provided by section 153.01 of the Revised~~	3068
~~Code in the cases to which that section applies nor affect or~~	3069
~~alter the existing powers of the director of transportation.~~	3070

~~(2) To have general supervision over the construction of any~~	3071
~~projects, improvements, or public buildings constructed for a~~	3072
~~state agency and over the inspection of materials previous to~~	3073
~~their incorporation into those projects, improvements, or~~	3074
~~buildings;~~	3075

~~(3) To make contracts for and supervise the construction of~~	3076
~~any projects and improvements or the construction and repair of~~	3077
~~buildings under the control of a state agency, except contracts~~	3078
~~for the repair of buildings under the management and control of~~	3079
~~the departments of public safety, job and family services, mental~~	3080
~~health, developmental disabilities, rehabilitation and correction,~~	3081
~~and youth services, the bureau of workers' compensation, the~~	3082
~~rehabilitation services commission, and boards of trustees of~~	3083
~~educational and benevolent institutions and except contracts for~~	3084
~~the construction of projects that do not require the issuance of a~~	3085
~~building permit or the issuance of a certificate of occupancy and~~	3086
~~that are necessary to remediate conditions at a hazardous waste~~	3087
~~facility, solid waste facility, or other location at which the~~	3088
~~director of environmental protection has reason to believe there~~	3089
~~is a substantial threat to public health or safety or the~~	3090
~~environment. These contracts shall be made and entered into by the~~	3091
~~directors of public safety, job and family services, mental~~	3092
~~health, developmental disabilities, rehabilitation and correction,~~	3093
~~and youth services, the administrator of workers' compensation,~~	3094
~~the rehabilitation services commission, the boards of trustees of~~	3095
~~such institutions, and the director of environmental protection,~~	3096
~~respectively. All such contracts may be in whole or in part on~~	3097
~~unit price basis of maximum estimated cost, with payment computed~~	3098
~~and made upon actual quantities or units.~~	3099

~~(4)~~ To prepare and suggest comprehensive plans for the	3100
development of grounds and buildings under the control of a state	3101
agency;	3102

~~(5)~~(2) To acquire, by purchase, gift, devise, lease, or	3103
grant, all real estate required by a state agency, in the exercise	3104
of which power the department may exercise the power of eminent	3105
domain, in the manner provided by sections 163.01 to 163.22 of the	3106
Revised Code;	3107

~~(6) To make and provide all plans, specifications, and models~~	3108
~~for the construction and perfection of all systems of sewerage,~~	3109
~~drainage, and plumbing for the state in connection with buildings~~	3110
~~and grounds under the control of a state agency;~~	3111

~~(7)~~(3) To erect, supervise, and maintain all public monuments	3112
and memorials erected by the state, except where the supervision	3113
and maintenance is otherwise provided by law;	3114

~~(8)~~(4) To procure, by lease, storage accommodations for a	3115
state agency;	3116

~~(9)~~(5) To lease or grant easements or licenses for	3117
unproductive and unused lands or other property under the control	3118
of a state agency. Such leases, easements, or licenses ~~shall~~may	3119
be granted to any person or entity, shall be for a period not to	3120
exceed fifteen years, and shall be executed for the state by the	3121
director of administrative services ~~and the governor and shall be~~	3122
~~approved as to form by the attorney general, provided that leases,~~	3123
~~easements, or licenses may be granted to any county, township,~~	3124
~~municipal corporation, port authority, water or sewer district,~~	3125
~~school district, library district, health district, park district,~~	3126
~~soil and water conservation district, conservancy district, or~~	3127
~~other political subdivision or taxing district, or any agency of~~	3128
~~the United States government, for the exclusive use of that~~	3129
~~agency, political subdivision, or taxing district, without any~~	3130
~~right of sublease or assignment, for a period not to exceed~~	3131
~~fifteen years, and~~, provided that the director shall grant leases,	3132
easements, or licenses of university land for periods not to	3133
exceed twenty-five years for purposes approved by the respective	3134
university's board of trustees wherein the uses are compatible	3135
with the uses and needs of the university and may grant leases of	3136
university land for periods not to exceed forty years for purposes	3137
approved by the respective university's board of trustees pursuant	3138
to section ~~123.77~~123.17 of the Revised Code.	3139

~~(10)~~(6) To lease space for the use of a state agency;

3140

~~(11)~~(7) To have general supervision and care of the	3141
storerooms, offices, and buildings leased for the use of a state	3142
agency;	3143

~~(12)~~(8) To exercise general custodial care of all real	3144
property of the state;	3145

~~(13)~~(9) To assign and group together state offices in any	3146
city in the state and to establish, in cooperation with the state	3147
agencies involved, rules governing space requirements for office	3148
or storage use;	3149

~~(14)~~(10) To lease for a period not to exceed forty years,	3150
pursuant to a contract providing for the construction thereof	3151
under a lease-purchase plan, buildings, structures, and other	3152
improvements for any public purpose, and, in conjunction	3153
therewith, to grant leases, easements, or licenses for lands under	3154
the control of a state agency for a period not to exceed forty	3155
years. The lease-purchase plan shall provide that at the end of	3156
the lease period, the buildings, structures, and related	3157
improvements, together with the land on which they are situated,	3158
shall become the property of the state without cost.	3159

(a) Whenever any building, structure, or other improvement is	3160
to be so leased by a state agency, the department shall retain	3161
either basic plans, specifications, bills of materials, and	3162
estimates of cost with sufficient detail to afford bidders all	3163
needed information or, alternatively, all of the following plans,	3164
details, bills of materials, and specifications:	3165

(i) Full and accurate plans suitable for the use of mechanics	3166
and other builders in the improvement;	3167

(ii) Details to scale and full sized, so drawn and	3168
represented as to be easily understood;	3169

(iii) Accurate bills showing the exact quantity of different	3170
kinds of material necessary to the construction;	3171

(iv) Definite and complete specifications of the work to be	3172
performed, together with such directions as will enable a	3173
competent mechanic or other builder to carry them out and afford	3174
bidders all needed information;	3175

(v) A full and accurate estimate of each item of expense and	3176
of the aggregate cost thereof.	3177

(b) The department shall give public notice, in such	3178
newspaper, in such form, and with such phraseology as the director	3179
of administrative services prescribes, published once each week	3180
for four consecutive weeks, of the time when and place where bids	3181
will be received for entering into an agreement to lease to a	3182
state agency a building, structure, or other improvement. The last	3183
publication shall be at least eight days preceding the day for	3184
opening the bids. The bids shall contain the terms upon which the	3185
builder would propose to lease the building, structure, or other	3186
improvement to the state agency. The form of the bid approved by	3187
the department shall be used, and a bid is invalid and shall not	3188
be considered unless that form is used without change, alteration,	3189
or addition. Before submitting bids pursuant to this section, any	3190
builder shall comply with Chapter 153. of the Revised Code.	3191

(c) On the day and at the place named for receiving bids for	3192
entering into lease agreements with a state agency, the director	3193
of administrative services shall open the bids and shall publicly	3194
proceed immediately to tabulate the bids upon duplicate sheets. No	3195
lease agreement shall be entered into until the bureau of workers'	3196
compensation has certified that the person to be awarded the lease	3197
agreement has complied with Chapter 4123. of the Revised Code,	3198
until, if the builder submitting the lowest and best bid is a	3199
foreign corporation, the secretary of state has certified that the	3200
corporation is authorized to do business in this state, until, if	3201
the builder submitting the lowest and best bid is a person	3202
nonresident of this state, the person has filed with the secretary	3203
of state a power of attorney designating the secretary of state as	3204
its agent for the purpose of accepting service of summons in any	3205
action brought under Chapter 4123. of the Revised Code, and until	3206
the agreement is submitted to the attorney general and the	3207
attorney general's approval is certified thereon. Within thirty	3208
days after the day on which the bids are received, the department	3209
shall investigate the bids received and shall determine that the	3210
bureau and the secretary of state have made the certifications	3211
required by this section of the builder who has submitted the	3212
lowest and best bid. Within ten days of the completion of the	3213
investigation of the bids, the department shall award the lease	3214
agreement to the builder who has submitted the lowest and best bid	3215
and who has been certified by the bureau and secretary of state as	3216
required by this section. If bidding for the lease agreement has	3217
been conducted upon the basis of basic plans, specifications,	3218
bills of materials, and estimates of costs, upon the award to the	3219
builder the department, or the builder with the approval of the	3220
department, shall appoint an architect or engineer licensed in	3221
this state to prepare such further detailed plans, specifications,	3222
and bills of materials as are required to construct the building,	3223
structure, or improvement. The department shall adopt such rules	3224
as are necessary to give effect to this section. The department	3225
may reject any bid. Where there is reason to believe there is	3226
collusion or combination among bidders, the bids of those	3227
concerned therein shall be rejected.	3228

~~(15)~~(11) To acquire by purchase, gift, devise, or grant and	3229
to transfer, lease, or otherwise dispose of all real property	3230
required to assist in the development of a conversion facility as	3231
defined in section 5709.30 of the Revised Code as that section	3232
existed before its repeal by Amended Substitute House Bill 95 of	3233
the 125th general assembly;	3234

~~(16)~~(12) To lease for a period not to exceed forty years,	3235
notwithstanding any other division of this section, the	3236
state-owned property located at 408-450 East Town Street,	3237
Columbus, Ohio, formerly the state school for the deaf, to a	3238
developer in accordance with this section. "Developer," as used in	3239
this section, has the same meaning as in section 123.77 of the	3240
Revised Code.	3241

Such a lease shall be for the purpose of development of the	3242
land for use by senior citizens by constructing, altering,	3243
renovating, repairing, expanding, and improving the site as it	3244
existed on June 25, 1982. A developer desiring to lease the land	3245
shall prepare for submission to the department a plan for	3246
development. Plans shall include provisions for roads, sewers,	3247
water lines, waste disposal, water supply, and similar matters to	3248
meet the requirements of state and local laws. The plans shall	3249
also include provision for protection of the property by insurance	3250
or otherwise, and plans for financing the development, and shall	3251
set forth details of the developer's financial responsibility.	3252

The department may employ, as employees or consultants,	3253
persons needed to assist in reviewing the development plans. Those	3254
persons may include attorneys, financial experts, engineers, and	3255
other necessary experts. The department shall review the	3256
development plans and may enter into a lease if it finds all of	3257
the following:	3258

(a) The best interests of the state will be promoted by	3259
entering into a lease with the developer;	3260

(b) The development plans are satisfactory;

3261

(c) The developer has established the developer's financial	3262
responsibility and satisfactory plans for financing the	3263
development.	3264

The lease shall contain a provision that construction or	3265
renovation of the buildings, roads, structures, and other	3266
necessary facilities shall begin within one year after the date of	3267
the lease and shall proceed according to a schedule agreed to	3268
between the department and the developer or the lease will be	3269
terminated. The lease shall contain such conditions and	3270
stipulations as the director considers necessary to preserve the	3271
best interest of the state. Moneys received by the state pursuant	3272
to this lease shall be paid into the general revenue fund. The	3273
lease shall provide that at the end of the lease period the	3274
buildings, structures, and related improvements shall become the	3275
property of the state without cost.	3276

~~(17)~~(13) To manage the use of space owned and controlled by	3277
the department, including space in property under the jurisdiction	3278
of the Ohio building authority, by doing all of the following:	3279

(a) Biennially implementing, by state agency location, a	3280
census of agency employees assigned space;	3281

(b) Periodically in the discretion of the director of	3282
administrative services:	3283

(i) Requiring each state agency to categorize the use of	3284
space allotted to the agency between office space, common areas,	3285
storage space, and other uses, and to report its findings to the	3286
department;	3287

(ii) Creating and updating a master space utilization plan	3288
for all space allotted to state agencies. The plan shall	3289
incorporate space utilization metrics.	3290

(iii) Conducting a cost-benefit analysis to determine the	3291
effectiveness of state-owned buildings;	3292

(iv) Assessing the alternatives associated with consolidating	3293
the commercial leases for buildings located in Columbus.	3294

(c) Commissioning a comprehensive space utilization and	3295
capacity study in order to determine the feasibility of	3296
consolidating existing commercially leased space used by state	3297
agencies into a new state-owned facility.	3298

(14) To adopt rules to ensure that energy efficiency and	3299
conservation is considered in the purchase of products and	3300
equipment, except motor vehicles, by any state agency, department,	3301
division, bureau, office, unit, board, commission, authority,	3302
quasi-governmental entity, or institution. The department may	3303
require minimum energy efficiency standards for purchased products	3304
and equipment based on federal testing and labeling if available	3305
or on standards developed by the department. When possible, the	3306
rules shall apply to the competitive selection of energy consuming	3307
systems, components, and equipment under Chapter 125. of the	3308
Revised Code.	3309

(15) To ensure energy efficient and energy conserving	3310
purchasing practices by doing all of the following:	3311

(a) Identifying available energy efficiency and conservation	3312
opportunities;	3313

(b) Providing for interchange of information among purchasing	3314
agencies;	3315

(c) Identifying laws, policies, rules, and procedures that	3316
should be modified;	3317

(d) Monitoring experience with and the cost-effectiveness of	3318
this state's purchase and use of motor vehicles and of major	3319
energy-consuming systems, components, equipment, and products	3320
having a significant impact on energy consumption by the	3321
government;	3322

(e) Providing technical assistance and training to state	3323
employees involved in the purchasing process;	3324

(f) Working with the department of development to make	3325
recommendations regarding planning and implementation of	3326
purchasing policies and procedures that are supportive of energy	3327
efficiency and conservation.	3328

(16) To require all state agencies, departments, divisions,	3329
bureaus, offices, units, commissions, boards, authorities,	3330
quasi-governmental entities, institutions, and state institutions	3331
of higher education to implement procedures to ensure that all of	3332
the passenger automobiles they acquire in each fiscal year, except	3333
for those passenger automobiles acquired for use in law	3334
enforcement or emergency rescue work, achieve a fleet average fuel	3335
economy of not less than the fleet average fuel economy for that	3336
fiscal year as the department shall prescribe by rule. The	3337
department shall adopt the rule prior to the beginning of the	3338
fiscal year, in accordance with the average fuel economy standards	3339
established by federal law for passenger automobiles manufactured	3340
during the model year that begins during the fiscal year.	3341

Each state agency, department, division, bureau, office,	3342
unit, commission, board, authority, quasi-governmental entity,	3343
institution, and state institution of higher education shall	3344
determine its fleet average fuel economy by dividing the total	3345
number of passenger vehicles acquired during the fiscal year,	3346
except for those passenger vehicles acquired for use in law	3347
enforcement or emergency rescue work, by a sum of terms, each of	3348
which is a fraction created by dividing the number of passenger	3349
vehicles of a given make, model, and year, except for passenger	3350
vehicles acquired for use in law enforcement or emergency rescue	3351
work, acquired during the fiscal year by the fuel economy measured	3352
by the administrator of the United States environmental protection	3353
agency, for the given make, model, and year of vehicle, that	3354
constitutes an average fuel economy for combined city and highway	3355
driving.	3356

As used in division (A)(16) of this section, "acquired" means	3357
leased for a period of sixty continuous days or more, or	3358
purchased.	3359

(B) This section and section 125.02 of the Revised Code shall	3360
not interfere with any of the following:	3361

(1) The power of the adjutant general to purchase military	3362
supplies, or with the custody of the adjutant general of property	3363
leased, purchased, or constructed by the state and used for	3364
military purposes, or with the functions of the adjutant general	3365
as director of state armories;	3366

(2) The power of the director of transportation in acquiring	3367
rights-of-way for the state highway system, or the leasing of	3368
lands for division or resident district offices, or the leasing of	3369
lands or buildings required in the maintenance operations of the	3370
department of transportation, or the purchase of real property for	3371
garage sites or division or resident district offices, or in	3372
preparing plans and specifications for and constructing such	3373
buildings as the director may require in the administration of the	3374
department;	3375

(3) The power of the director of public safety and the	3376
registrar of motor vehicles to purchase or lease real property and	3377
buildings to be used solely as locations to which a deputy	3378
registrar is assigned pursuant to division (B) of section 4507.011	3379
of the Revised Code and from which the deputy registrar is to	3380
conduct the deputy registrar's business, the power of the director	3381
of public safety to purchase or lease real property and buildings	3382
to be used as locations for division or district offices as	3383
required in the maintenance of operations of the department of	3384
public safety, and the power of the superintendent of the state	3385
highway patrol in the purchase or leasing of real property and	3386
buildings needed by the patrol, to negotiate the sale of real	3387
property owned by the patrol, to rent or lease real property owned	3388
or leased by the patrol, and to make or cause to be made repairs	3389
to all property owned or under the control of the patrol;	3390

(4) The power of the division of liquor control in the	3391
leasing or purchasing of retail outlets and warehouse facilities	3392
for the use of the division;	3393

(5) The power of the director of development to enter into	3394
leases of real property, buildings, and office space to be used	3395
solely as locations for the state's foreign offices to carry out	3396
the purposes of section 122.05 of the Revised Code;	3397

(6) The power of the director of environmental protection to	3398
enter into environmental covenants, to grant and accept easements,	3399
or to sell property pursuant to division (G) of section 3745.01 of	3400
the Revised Code.	3401

(C) Purchases for, and the custody and repair of, buildings	3402
under the management and control of the capitol square review and	3403
advisory board, the rehabilitation services commission, the bureau	3404
of workers' compensation, or the departments of public safety, job	3405
and family services, mental health, developmental disabilities,	3406
and rehabilitation and correction; buildings of educational and	3407
benevolent institutions under the management and control of boards	3408
of trustees; and purchases or leases for, and the custody and	3409
repair of, office space used for the purposes of the joint	3410
legislative ethics committee are not subject to the control and	3411
jurisdiction of the department of administrative services.	3412

If the joint legislative ethics committee so requests, the	3413
committee and the director of administrative services may enter	3414
into a contract under which the department of administrative	3415
services agrees to perform any services requested by the committee	3416
that the department is authorized under this section to perform.	3417

(D) Any instrument by which real property is acquired	3418
pursuant to this section shall identify the agency of the state	3419
that has the use and benefit of the real property as specified in	3420
section 5301.012 of the Revised Code.	3421

~~Sec. 123.04.~~ Sec. 123.02. The director of administrative services	3422
shall be appointed superintendent of public works and shall have	3423
the care and control of the public works of the state and shall	3424
protect, maintain, and keep them in repair.	3425

Subject to the approval of the governor, the director may	3426
purchase on behalf of the state such real or personal property,	3427
rights, or privileges as are necessary, in the director's	3428
judgment, to acquire in the maintenance of the public works or	3429
their improvement.	3430

Any instrument by which the state or an agency of the state	3431
acquires real property pursuant to this section shall identify the	3432
agency of the state that has the use and benefit of the real	3433
property as specified in section 5301.012 of the Revised Code.	3434

~~Sec. 123.07.~~ Sec. 123.03. The director of administrative services	3435
may maintain an action in the name of the state for violations of	3436
any law relating to the public works for an injury to property	3437
pertaining to the public works, or for any other cause which is	3438
necessary in the performance of ~~his~~the director's duties.	3439

~~Sec. 123.09.~~ Sec. 123.04. The director of administrative services	3440
shall have supervision of the public works of the state and shall	3441
make such rules and regulations for the ~~improvement,~~ maintenance,	3442
and operation of the public works as are necessary.	3443

~~Sec. 123.10.~~ Sec. 123.05. ~~(A)~~ The director of administrative	3444
services shall regulate the rate of tolls to be collected on the	3445
public works of the state, and shall fix all rentals and collect	3446
all tolls, rents, fines, commissions, fees, and other revenues	3447
arising from any source in the public works, including the sale,	3448
~~construction,~~ purchase, or rental of property, except that the	3449
director shall not collect a commission or fee from a real estate	3450
broker or the private owner when real property is leased or rented	3451
to the state.	3452

~~(B) There is hereby created in the state treasury the state~~	3453
~~architect's fund which shall consist of money received by the~~	3454
~~department of administrative services under division (A) of this~~	3455
~~section, fees paid under section 123.17 of the Revised Code,~~	3456
~~transfers of money to the fund authorized by the general assembly,~~	3457
~~and such amount of the investment earnings of the administrative~~	3458
~~building fund created in division (F) of section 154.24 of the~~	3459
~~Revised Code as the director of budget and management determines~~	3460
~~to be appropriate and in excess of the amounts required to meet~~	3461
~~estimated federal arbitrage rebate requirements. Money in the fund~~	3462
~~shall be used by the department of administrative services for the~~	3463
~~following purposes:~~	3464

~~(1) To pay personnel and other administrative expenses of the~~	3465
~~department;~~	3466

~~(2) To pay the cost of conducting evaluations of public~~	3467
~~works;~~	3468

~~(3) To pay the cost of building design specifications;~~

3469

~~(4) To pay the cost of providing project management services;~~

3470

~~(5) To pay the cost of operating the local administration~~	3471
~~competency certification program prescribed by section 123.17 of~~	3472
~~the Revised Code;~~	3473

~~(6) Any other purposes that the director of administrative~~	3474
~~services determines to be necessary for the department to execute~~	3475
~~its duties under this chapter.~~	3476

~~Sec. 123.024.~~ Sec. 123.06. (A) The department of administrative	3477
services shall assign and make available, at state expense,	3478
suitable office space in state-owned facilities to accommodate the	3479
office operations of the state headquarters of both of the	3480
following:	3481

(1) All veterans organizations in this state that either are	3482
incorporated and issued a charter by the congress of the United	3483
States or are recognized by the United States department of	3484
veterans affairs;	3485

(2) The auxiliary organizations of veterans organizations	3486
described in division (A)(1) of this section.	3487

(B) The department may situate office space for each	3488
auxiliary organization of a veterans organization with or near the	3489
office space of that veterans organization.	3490

~~Sec. 123.11.~~ Sec. 123.07. Each state agency and any county,	3491
township, or municipal corporation owning, leasing, or controlling	3492
the operation of parking spaces for use by its employees may	3493
provide preferential parking for those vehicles used in carpools,	3494
vanpools, and buspools. The department of administrative services	3495
shall coordinate the efforts of the state agencies in providing	3496
preferential parking for such vehicles.	3497

~~Sec. 123.13.~~ Sec. 123.08. The director of administrative services	3498
shall appoint such ~~foreman~~forepersons, ~~patrolmen~~patrol officers,	3499
lock tenders, inspectors, engineers, and all other employees as	3500
are necessary for the ~~improvement,~~ maintenance, and operation of	3501
the public works. They shall be assigned to duty under the	3502
supervision of the director, under rules and regulations	3503
prescribed by ~~him~~the director. Any such employee, when deemed	3504
necessary by the director, shall give proper bond to the state,	3505
conditioned for the faithful performance of ~~his~~the employee's	3506
duties. Such bonds may, in the discretion of the director, be	3507
individual, schedule, or blanket bonds.	3508

~~Sec. 123.14.~~ Sec. 123.09. All claims against the state for the	3509
~~improvement,~~ repair, maintenance, and operation of the public	3510
works of Ohio, including salary and expenses of all employees	3511
engaged in such work, shall be paid upon the order of the director	3512
of administrative services.	3513

~~Sec. 123.15.~~ Sec. 123.10. (A) As used in this section and section	3514
~~123.21~~123.11 of the Revised Code, "public exigency" means an	3515
injury or obstruction that occurs in any public works of the state	3516
maintained by the director of administrative services and that	3517
materially impairs its immediate use or places in jeopardy	3518
property adjacent to it; an immediate danger of such an injury or	3519
obstruction; or an injury or obstruction, or an immediate danger	3520
of an injury or obstruction, that occurs ~~during the process of~~	3521
~~construction of~~in any public works of the state maintained by the	3522
director of administrative services and that materially impairs	3523
its immediate use or places in jeopardy property adjacent to it.	3524

(B) ~~The~~When a declaration of public exigency is issued	3525
pursuant to division (C) of this section, the director of	3526
administrative services may request the Ohio facilities	3527
construction commission to enter into contracts with proper	3528
persons for the performance of labor, the furnishing of materials,	3529
or the construction of any structures and buildings necessary to	3530
the maintenance, control, and management of the public works of	3531
the state or any part of those public works. ~~Except as provided~~	3532
~~in division (C) of this section for public exigencies, the~~	3533
~~director shall advertise, award, and administer those~~Any	3534
contracts ~~in accordance with the requirements~~awarded for the work	3535
performed pursuant to the declaration of a public exigency may be	3536
awarded without competitive bidding or selection as set forth in	3537
Chapter 153. of the Revised Code.	3538

(C) The director of administrative services may issue a	3539
declaration of a public exigency on the director's own initiative	3540
or upon the request of the director of any state agency. The	3541
director's declaration shall identify the specific injury,	3542
obstruction, or danger that is the subject of the declaration and	3543
shall set forth a dollar limitation for the repair, removal, or	3544
prevention of that exigency under the declaration.	3545

Before any project to repair, remove, or prevent a public	3546
exigency under the director's declaration may begin, the director	3547
shall send notice of the project, in writing, to the director of	3548
budget and management and to the members of the controlling board.	3549
That notice shall detail the project to be undertaken to address	3550
the public exigency and shall include a copy of the director's	3551
declaration that establishes the monetary limitations on that	3552
project.	3553

~~Sec. 123.21.~~ Sec. 123.11. When a public exigency, as defined in	3554
division (A) of section ~~123.15~~123.10 of the Revised Code, exists,	3555
the director of administrative services may take possession of	3556
lands and use them, or materials and other property necessary for	3557
the maintenance, protection, or repair of the public works, in	3558
accordance with sections 163.01 to 163.22 of the Revised Code.	3559

~~Sec. 123.46.~~ Sec. 123.12. No land lease or sale of state lands	3560
shall be made by the director of administrative services except	3561
upon the written approval of the governor and the attorney	3562
general.	3563

~~Sec. 123.47.~~ Sec. 123.13. Except as otherwise provided by law, the	3564
director of administrative services shall have the custody and	3565
control of the books, records, papers, surveys, maps, plats, and	3566
documents that pertain to any of the public works of this state.	3567

~~Sec. 123.48.~~ Sec. 123.14. The director of administrative services	3568
shall make an annual report to the governor containing a statement	3569
of the expenses of the public works under ~~his~~the director's	3570
supervision during the preceding year, setting forth an account of	3571
moneys expended on each of the public works during the year, and	3572
such other information and records as hethe director deems	3573
proper. Such report shall contain a statement of the moneys	3574
received from all sources and an estimate of the appropriations	3575
necessary to maintain the public works and keep them in repair.	3576
The report shall also contain a list of all persons regularly	3577
employed, together with the salary, compensation, or allowance	3578
paid each.	3579

HeThe director shall further from time to time when hethe	3580
director deems it necessary, or when called upon by the governor,	3581
to do so, make such other reports as are proper, touching on the	3582
general condition and welfare of the public works and the	3583
drainage, leaseholds, and water powers incident thereto.	3584

~~Sec. 123.49.~~ Sec. 123.15. The department of administrative	3585
services may adopt, amend, and rescind rules pertaining to lands	3586
under the supervision of the department in accordance with Chapter	3587
119. of the Revised Code.	3588

Sec. 123.152. (A) As used in this section, "EDGE business	3589
enterprise" means a sole proprietorship, association, partnership,	3590
corporation, limited liability corporation, or joint venture	3591
certified as a participant in the encouraging diversity, growth,	3592
and equity program by the director of administrative services	3593
under this section of the Revised Code.	3594

(B) The director of administrative services shall establish a	3595
business assistance program known as the encouraging diversity,	3596
growth, and equity program and shall adopt rules in accordance	3597
with Chapter 119. of the Revised Code to administer the program	3598
that do all of the following:	3599

(1) Establish procedures by which a sole proprietorship,	3600
association, partnership, corporation, limited liability	3601
corporation, or joint venture may apply for certification as an	3602
EDGE business enterprise;	3603

(2) Except as provided in division (B)(14) of this section,	3604
establish agency procurement goals for contracting with EDGE	3605
business enterprises in the award of contracts under Chapters	3606
123., 125., and 153. of the Revised Code based on the availability	3607
of eligible program participants by region or geographic area, as	3608
determined by the director, and by standard industrial code or	3609
equivalent code classification.	3610

(a) Goals established under division (B)(2) of this section	3611
shall be based on a percentage level of participation and a	3612
percentage of contractor availability.	3613

(b) Goals established under division (B)(2) of this section	3614
shall be applied at the contract level, relative to an overall	3615
dollar goal for each state agency, in accordance with the	3616
following certification categories: construction, architecture,	3617
and engineering; professional services; goods and services; and	3618
information technology services.	3619

(3) Establish a system of certifying EDGE business	3620
enterprises based on a requirement that the business owner or	3621
owners show both social and economic disadvantage based on the	3622
following, as determined to be sufficient by the director:	3623

(a) Relative wealth of the business seeking certification as	3624
well as the personal wealth of the owner or owners of the	3625
business;	3626

(b) Social disadvantage based on any of the following:

3627

(i) A rebuttable presumption when the business owner or	3628
owners demonstrate membership in a racial minority group or show	3629
personal disadvantage due to color, ethnic origin, gender,	3630
physical disability, long-term residence in an environment	3631
isolated from the mainstream of American society, location in an	3632
area of high unemployment;	3633

(ii) Some other demonstration of personal disadvantage not	3634
common to other small businesses;	3635

(iii) By business location in a qualified census tract.

3636

(c) Economic disadvantage based on economic and business size	3637
thresholds and eligibility criteria designed to stimulate economic	3638
development through contract awards to businesses located in	3639
qualified census tracts.	3640

(4) Establish standards to determine when an EDGE business	3641
enterprise no longer qualifies for EDGE business enterprise	3642
certification;	3643

(5) Develop a process for evaluating and adjusting goals	3644
established by this section to determine what adjustments are	3645
necessary to achieve participation goals established by the	3646
director;	3647

(6) Establish a point system or comparable system to evaluate	3648
bid proposals to encourage EDGE business enterprises to	3649
participate in the procurement of professional design and	3650
information technology services;	3651

(7) Establish a system to track data and analyze each	3652
certification category established under division (B)(2)(b) of	3653
this section;	3654

(8) Establish a process to mediate complaints and to review	3655
EDGE business enterprise certification appeals;	3656

(9) Implement an outreach program to educate potential	3657
participants about the encouraging diversity, growth, and equity	3658
program;	3659

(10) Establish a system to assist state agencies in	3660
identifying and utilizing EDGE business enterprises in their	3661
contracting processes;	3662

(11) Implement a system of self-reporting by EDGE business	3663
enterprises as well as an on-site inspection process to validate	3664
the qualifications of an EDGE business enterprise;	3665

(12) Establish a waiver mechanism to waive program goals or	3666
participation requirements for those companies that, despite their	3667
best-documented efforts, are unable to contract with certified	3668
EDGE business enterprises;	3669

(13) Establish a process for monitoring overall program	3670
compliance in which equal employment opportunity officers	3671
primarily are responsible for monitoring their respective	3672
agencies;	3673

(14) Establish guidelines for state universities as defined	3674
in section 3345.011 of the Revised Code and the Ohio ~~school~~	3675
facilities construction commission created in section ~~3318.30~~	3676
123.20 of the Revised Code for awarding contracts pursuant to	3677
Chapters 153., 3318., and 3345. of the Revised Code to allow the	3678
universities and commission to establish agency procurement goals	3679
for contracting with EDGE business enterprises.	3680

(C) Business and personal financial information and trade	3681
secrets submitted by encouraging diversity, growth, and equity	3682
program applicants to the director pursuant to this section are	3683
not public records for purposes of section 149.43 of the Revised	3684
Code, unless the director presents the financial information or	3685
trade secrets at a public hearing or public proceeding regarding	3686
the applicant's eligibility to participate in the program.	3687

~~Sec. 123.77.~~ Sec. 123.17. The department of administrative	3688
services may lease land belonging to or under the control or	3689
jurisdiction of a state university, not required nor to be	3690
required for use of the university, to a developer in accordance	3691
with this section. "Developer," as used in this section, means a	3692
person, partnership, association, corporation, or community	3693
improvement corporation established pursuant to Chapter 1724. of	3694
the Revised Code who or which submits a development plan to the	3695
department as provided in this section and requests the department	3696
to enter into a lease.	3697

Such a lease of university land shall be for the purpose of	3698
development of the land by establishing, constructing, altering,	3699
repairing, expanding, and improving industrial, distribution,	3700
commercial, or research facilities. A developer desiring to lease	3701
land of the university for such development shall prepare and	3702
submit to the department of administrative services and to the	3703
board of trustees of the university a plan for such development.	3704
Plans shall include provisions for roads, streets, sewers, water	3705
lines, waste disposal, water supply, and similar matters to meet	3706
the requirements of state and local laws. The plans shall also	3707
include provision for protection of the property by insurance or	3708
otherwise and plans for financing the development, and shall set	3709
forth details of the developer's financial responsibility.	3710

The department of administrative services may employ as	3711
employees or consultants, persons needed to assist it in reviewing	3712
the development plans. Such persons may include attorneys,	3713
financial experts, engineers, and other necessary experts. The	3714
department of administrative services shall review the development	3715
plans and may enter into a lease if it finds that:	3716

(A) The best interests of the university will be promoted by	3717
entering into a lease with the developer.	3718

(B) The development plans are satisfactory.

3719

(C) The developer has established ~~his~~the developer's	3720
financial responsibility and satisfactory plans for financing the	3721
development.	3722

(D) The university board of trustees approves the lease.

3723

A lease may be entered into pursuant to this section for an	3724
annual rent agreed to between the department and the developer for	3725
a maximum term of forty years and may be renewed for a like or	3726
lesser term. The lease shall contain a provision that construction	3727
of buildings, structures, roads, and other necessary facilities	3728
shall begin within one year after the date of the lease and shall	3729
proceed according to a schedule agreed to between the department	3730
and the developer or the lease will be terminated. Moneys received	3731
by the state pursuant to such leases shall be paid into the state	3732
treasury as an addition to the appropriation made to the	3733
university which has control or jurisdiction of the land or to	3734
which the land belongs.	3735

~~Sec. 123.08.~~ Sec. 123.18. The director of administrative services	3736
may administer oaths to persons required by law to file affidavits	3737
or statements in the department of administrative services and to	3738
witnesses who are examined in matters pertaining to the	3739
administration of the public works.	3740

Sec. 123.20. (A) There is hereby created the Ohio facilities	3741
construction commission. The commission shall administer the	3742
design and construction of improvements to public facilities of	3743
the state in accordance with this chapter and other provisions of	3744
the Revised Code.	3745

The commission is a body corporate and politic, an agency of	3746
state government and an instrumentality of the state, performing	3747
essential governmental functions of this state. The carrying out	3748
of the purposes and the exercise by the commission of its powers	3749
are essential public functions and public purposes of the state.	3750
The commission may, in its own name, sue and be sued, enter into	3751
contracts, and perform all the powers and duties given to it by	3752
the Revised Code, but it does not have and shall not exercise the	3753
power of eminent domain. In its discretion and as it determines	3754
appropriate, the commission may delegate to any of its members,	3755
executive director, or other employees any of the commission's	3756
powers and duties to carry out its functions.	3757

(B) The commission shall consist of three members: the	3758
director of the office of budget and management and the director	3759
of administrative services, or their designees, and a member whom	3760
the governor shall appoint.	3761

Members of the commission shall serve without compensation.

3762

Within sixty days after the effective date of this section,	3763
the commission shall meet and organize by electing voting members	3764
as the chairperson and vice-chairperson of the commission, who	3765
shall hold their offices until the next organizational meeting of	3766
the commission. Organizational meetings of the commission shall be	3767
held at the first meeting of each calendar year. At each	3768
organizational meeting, the commission shall elect from among its	3769
voting members a chairperson and vice-chairperson, who shall serve	3770
until the next annual organizational meeting. The commission shall	3771
adopt rules pursuant to Chapter 119. of the Revised Code for the	3772
conduct of its internal business and shall keep a journal of its	3773
proceedings. Including the organizational meeting, the commission	3774
shall meet at least once each calendar year.	3775

Two members of the commission constitute a quorum, and the	3776
affirmative vote of two members is necessary for approval of any	3777
action taken by the commission. A vacancy in the membership of the	3778
commission does not impair a quorum from exercising all the rights	3779
and performing all the duties of the commission. Meetings of the	3780
commission may be held anywhere in the state and shall be held in	3781
compliance with section 121.22 of the Revised Code.	3782

(C) Within sixty days after the effective date of this	3783
section, the governor shall appoint a member to the commission.	3784
The initial appointment shall be for a term ending three years	3785
after the effective date of this section, with subsequent terms	3786
ending three years after they begin, on the same day of the same	3787
month as the initial term.	3788

A vacancy for the member appointed by the governor shall be	3789
filled in the same manner as provided for the original	3790
appointment. The appointed member shall hold office for the	3791
remainder of the term for which the vacancy existed. After the	3792
expiration of the term, the appointed member shall continue in	3793
office for a period of sixty days or until the appointed member's	3794
successor takes office, whichever period is shorter.	3795

(D) The commission shall file an annual report of its	3796
activities and finances with the governor, speaker of the house of	3797
representatives, president of the senate, and chairpersons of the	3798
house and senate finance committees.	3799

(E) The commission shall be exempt from the requirements of	3800
sections 101.82 to 101.87 of the Revised Code.	3801

Sec. 123.201. There is hereby created in the state treasury	3802
the Ohio facilities construction commission fund, consisting of	3803
transfers of moneys authorized by the general assembly and	3804
revenues received by the Ohio facilities construction commission	3805
under section 123.21 of the Revised Code. Investment earnings on	3806
moneys in the fund shall be credited to the fund. Moneys in the	3807
fund may be used by the commission, in performing its duties under	3808
this chapter, to pay personnel and other administrative expenses,	3809
to pay the cost of preparing building design specifications, to	3810
pay the cost of providing project management services, and for	3811
other purposes determined by the commission to be necessary to	3812
fulfill its duties under this chapter.	3813

Sec. 123.21. (A) The Ohio facilities construction commission	3814
may perform any act and ensure the performance of any function	3815
necessary or appropriate to carry out the purposes of, and	3816
exercise the powers granted under this chapter or any other	3817
provision of the Revised Code, including any of the following:	3818

(1) Prepare, or contract to be prepared, by licensed	3819
engineers or architects, surveys, general and detailed plans,	3820
specifications, bills of materials, and estimates of cost for any	3821
projects, improvements, or public buildings to be constructed by	3822
state agencies that may be authorized by legislative	3823
appropriations or any other funds made available therefor,	3824
provided that the construction of the projects, improvements, or	3825
public buildings is a statutory duty of the commission. This	3826
section does not require the independent employment of an	3827
architect or engineer as provided by section 153.01 of the Revised	3828
Code in the cases to which section 153.01 of the Revised Code	3829
applies. This section does not affect or alter the existing powers	3830
of the director of transportation, the director of public safety,	3831
or the superintendent of the state highway patrol.	3832

(2) Have general supervision over the construction of any	3833
projects, improvements, or public buildings constructed for a	3834
state agency and over the inspection of materials prior to their	3835
incorporation into those projects, improvements, or buildings.	3836

(3) Make contracts for and supervise the design and	3837
construction of any projects and improvements or the construction	3838
and repair of buildings under the control of a state agency. All	3839
such contracts may be based in whole or in part on the unit price	3840
or maximum estimated cost, with payment computed and made upon	3841
actual quantities or units.	3842

(4) Adopt, amend, and rescind rules pertaining to the	3843
administration of the construction of the public works of the	3844
state as required by law, in accordance with Chapter 119. of the	3845
Revised Code.	3846

(5) Contract with, retain the services of, or designate, and	3847
fix the compensation of, such agents, accountants, consultants,	3848
advisers, and other independent contractors as may be necessary or	3849
desirable to carry out the programs authorized under this chapter,	3850
or authorize the executive director to perform such powers and	3851
duties.	3852

(6) Receive and accept any gifts, grants, donations, and	3853
pledges, and receipts therefrom, to be used for the programs	3854
authorized under this chapter.	3855

(7) Make and enter into all contracts, commitments, and	3856
agreements, and execute all instruments, necessary or incidental	3857
to the performance of its duties and the execution of its rights	3858
and powers under this chapter, or authorize the executive director	3859
to perform such powers and duties.	3860

(8) Debar a contractor as provided in section 153.02 of the	3861
Revised Code.	3862

(B) The commission shall appoint and fix the compensation of	3863
an executive director who shall serve at the pleasure of the	3864
commission. The executive director shall exercise all powers that	3865
the commission possesses, supervise the operations of the	3866
commission, and perform such other duties as delegated by the	3867
commission. The executive director also shall employ and fix the	3868
compensation of such employees as will facilitate the activities	3869
and purposes of the commission, who shall serve at the pleasure of	3870
the executive director. The employees of the commission are exempt	3871
from Chapter 4117. of the Revised Code and are not considered	3872
public employees as defined in section 4117.01 of the Revised	3873
Code. Any agreement entered into prior to July 1, 2012, between	3874
the office of collective bargaining and the exclusive	3875
representative for employees of the commission is binding and	3876
shall continue to have effect.	3877

(C) The attorney general shall serve as the legal	3878
representative for the commission and may appoint other counsel as	3879
necessary for that purpose in accordance with section 109.07 of	3880
the Revised Code.	3881

~~Sec. 123.011.~~ Sec. 123.22. (A) As used in this section:

3882

(1) "Construct" includes reconstruct, improve, renovate,	3883
enlarge, or otherwise alter.	3884

(2) "Energy consumption analysis" means the evaluation of all	3885
energy consuming systems, components, and equipment by demand and	3886
type of energy, including the internal energy load imposed on a	3887
facility by its occupants and the external energy load imposed by	3888
climatic conditions.	3889

(3) "Energy performance index" means a number describing the	3890
energy requirements of a facility per square foot of floor space	3891
or per cubic foot of occupied volume as appropriate under defined	3892
internal and external ambient conditions over an entire seasonal	3893
cycle.	3894

(4) "Facility" means a building or other structure, or part	3895
of a building or other structure, that includes provision for a	3896
heating, refrigeration, ventilation, cooling, lighting, hot water,	3897
or other major energy consuming system, component, or equipment.	3898

(5) "Life-cycle cost analysis" means a general approach to	3899
economic evaluation that takes into account all dollar costs	3900
related to owning, operating, maintaining, and ultimately	3901
disposing of a project over the appropriate study period.	3902

(6) "Political subdivision" means a county, township,	3903
municipal corporation, board of education of any school district,	3904
or any other body corporate and politic that is responsible for	3905
government activities in a geographic area smaller than that of	3906
the state.	3907

(7) "State funded" means funded in whole or in part through	3908
appropriation by the general assembly or through the use of any	3909
guarantee provided by this state.	3910

(8) "State institution of higher education" has the same	3911
meaning as in section 3345.011 of the Revised Code.	3912

(B) ~~There is hereby created within the department of~~	3913
~~administrative services the office of energy services. The office~~	3914
~~shall be under the supervision of a manager, who shall be~~	3915
~~appointed by the director of administrative services. The director~~	3916
~~shall assign to the office such number of employees and furnish~~	3917
~~such equipment and supplies as are necessary for the performance~~	3918
~~of the office's duties.~~	3919

The ~~office~~Ohio facilities construction commission shall	3920
develop energy efficiency and conservation programs ~~in each of the~~	3921
~~following areas:~~	3922

~~(1) New~~for new construction design and review;

3923

~~(2) Existing~~and for existing building audit and retrofit;

3924

~~(3) Energy efficient procurement;~~

3925

~~(4) Alternative fuel vehicles~~.

3926

The ~~office~~commission may accept and administer grants from	3927
public and private sources for carrying out any of its duties	3928
under this section.	3929

(C) No state agency, department, division, bureau, office,	3930
unit, board, commission, authority, quasi-governmental entity, or	3931
institution~~, including those agencies otherwise excluded from the~~	3932
~~jurisdiction of the department under division (A)(3) of section~~	3933
~~123.01 of the Revised Code,~~ shall lease, construct, or cause to be	3934
leased or constructed, within the limits prescribed in this	3935
section, a state-funded facility, without a proper life-cycle cost	3936
analysis or, in the case of a lease, an energy consumption	3937
analysis, as computed or prepared by a qualified architect or	3938
engineer in accordance with the rules required by division (D) of	3939
this section.	3940

Construction shall proceed only upon the disclosure to the	3941
office, for the facility chosen, of the life-cycle costs as	3942
determined in this section and the capitalization of the initial	3943
construction costs of the building. The results of life-cycle cost	3944
analysis shall be a primary consideration in the selection of a	3945
building design. That analysis shall be required only for	3946
construction of buildings with an area of five thousand square	3947
feet or greater. An energy consumption analysis for the term of a	3948
proposed lease shall be required only for the leasing of an area	3949
of twenty thousand square feet or greater within a given building	3950
boundary. That analysis shall be a primary consideration in the	3951
selection of a facility to be leased.	3952

Nothing in this section shall deprive or limit any state	3953
agency that has review authority over design, construction, or	3954
leasing plans from requiring a life-cycle cost analysis or energy	3955
consumption analysis.	3956

(D) For the purposes of assisting the ~~department~~commission	3957
in its responsibility for state-funded facilities pursuant to	3958
section ~~123.01~~123.21 of the Revised Code and of cost-effectively	3959
reducing the energy consumption of those and any other	3960
state-funded facilities, thereby promoting fiscal, economic, and	3961
environmental benefits to this state, the ~~office~~commission shall	3962
promulgate rules specifying cost-effective, energy efficiency and	3963
conservation standards that may govern the lease, design,	3964
construction, operation, and maintenance of all state-funded	3965
facilities, except facilities of state institutions of higher	3966
education or facilities operated by a political subdivision. The	3967
office of energy efficiency in the department of development shall	3968
cooperate in providing information and technical expertise to the	3969
office of energy services to ensure promulgation of rules of	3970
maximum effectiveness. The standards prescribed by rules	3971
promulgated under this division may draw from or incorporate, by	3972
reference or otherwise and in whole or in part, standards already	3973
developed or implemented by any competent, public or private	3974
standards organization or program. The rules also may include any	3975
of the following:	3976

(1) Specifications for a life-cycle cost analysis that shall	3977
determine, for the economic life of such state-funded facility,	3978
the reasonably expected costs of facility ownership, operation,	3979
and maintenance including labor and materials. Life-cycle cost may	3980
be expressed as an annual cost for each year of the facility's	3981
use.	3982

A life-cycle cost analysis additionally may include an energy	3983
consumption analysis that conforms to division (D)(2) of this	3984
section.	3985

(2) Specifications for an energy consumption analysis of the	3986
facility's heating, refrigeration, ventilation, cooling, lighting,	3987
hot water, and other major energy consuming systems, components,	3988
and equipment.	3989

A life-cycle cost analysis and energy consumption analysis	3990
shall be based on the best currently available methods of	3991
analysis, such as those of the national institute of standards and	3992
technology, the United States department of energy or other	3993
federal agencies, professional societies, and directions developed	3994
by the department.	3995

(3) Specifications for energy performance indices, to be used	3996
to audit and evaluate competing design proposals submitted to the	3997
state.	3998

(4) A requirement that, not later than two years after April	3999
6, 2007, each state-funded facility, except a facility of a state	4000
institution of higher education or a facility operated by a	4001
political subdivision, is managed by at least one building	4002
operator certified under the building operator certification	4003
program or any equivalent program or standards as shall be	4004
prescribed in the rules and considered reasonably equivalent.	4005

(5) An application process by which a manager of a specified	4006
state-funded facility, except a facility of a state institution of	4007
higher education or a facility operated by a political	4008
subdivision, may apply for a waiver of compliance with any	4009
provision of the rules required by divisions (D)(1) to (4) of this	4010
section.	4011

~~(E) The office of energy services shall promulgate rules to~~	4012
~~ensure that energy efficiency and conservation will be considered~~	4013
~~in the purchase of products and equipment, except motor vehicles,~~	4014
~~by any state agency, department, division, bureau, office, unit,~~	4015
~~board, commission, authority, quasi-governmental entity, or~~	4016
~~institution. Minimum energy efficiency standards for purchased~~	4017
~~products and equipment may be required, based on federal testing~~	4018
~~and labeling where available or on standards developed by the~~	4019
~~office. The rules shall apply to the competitive selection of~~	4020
~~energy consuming systems, components, and equipment under Chapter~~	4021
~~125. of the Revised Code where possible.~~	4022

~~The office also shall ensure energy efficient and energy~~	4023
~~conserving purchasing practices by doing all of the following:~~	4024

~~(1) Cooperatively with the office of energy efficiency,~~	4025
~~identifying available energy efficiency and conservation~~	4026
~~opportunities;~~	4027

~~(2) Providing for interchange of information among purchasing~~	4028
~~agencies;~~	4029

~~(3) Identifying laws, policies, rules, and procedures that~~	4030
~~need modification;~~	4031

~~(4) Monitoring experience with and the cost-effectiveness of~~	4032
~~this state's purchase and use of motor vehicles and of major~~	4033
~~energy-consuming systems, components, equipment, and products~~	4034
~~having a significant impact on energy consumption by government;~~	4035

~~(5) Cooperatively with the office of energy efficiency,~~	4036
~~providing technical assistance and training to state employees~~	4037
~~involved in the purchasing process.~~	4038

~~The department of development shall make recommendations to~~	4039
~~the office regarding planning and implementation of purchasing~~	4040
~~policies and procedures supportive of energy efficiency and~~	4041
~~conservation.~~	4042

~~(F)(1) The office of energy services shall require all state~~	4043
~~agencies, departments, divisions, bureaus, offices, units,~~	4044
~~commissions, boards, authorities, quasi-governmental entities,~~	4045
~~institutions, and state institutions of higher education to~~	4046
~~implement procedures ensuring that all their passenger automobiles~~	4047
~~acquired in each fiscal year, except for those passenger~~	4048
~~automobiles acquired for use in law enforcement or emergency~~	4049
~~rescue work, achieve a fleet average fuel economy of not less than~~	4050
~~the fleet average fuel economy for that fiscal year as shall be~~	4051
~~prescribed by the office by rule. The office shall promulgate the~~	4052
~~rule prior to the beginning of the fiscal year in accordance with~~	4053
~~the average fuel economy standards established pursuant to federal~~	4054
~~law for passenger automobiles manufactured during the model year~~	4055
~~that begins during the fiscal year.~~	4056

~~(2) Each state agency, department, division, bureau, office,~~	4057
~~unit, commission, board, authority, quasi-governmental entity,~~	4058
~~institution, and state institution of higher education shall~~	4059
~~determine its fleet average fuel economy by dividing:~~	4060

~~(a) The total number of passenger vehicles acquired during~~	4061
~~the fiscal year, except for those passenger vehicles acquired for~~	4062
~~use in law enforcement or emergency rescue work, by~~	4063

~~(b) A sum of terms, each of which is a fraction created by~~	4064
~~dividing:~~	4065

~~(i) The number of passenger vehicles of a given make, model,~~	4066
~~and year, except for passenger vehicles acquired for use in law~~	4067
~~enforcement or emergency rescue work, acquired during the fiscal~~	4068
~~year, by~~	4069

~~(ii) The fuel economy measured by the administrator of the~~	4070
~~United States environmental protection agency, for the given make,~~	4071
~~model, and year of vehicle, that constitutes an average fuel~~	4072
~~economy for combined city and highway driving.~~	4073

~~As used in division (F)(2) of this section, "acquired" means~~	4074
~~leased for a period of sixty continuous days or more, or~~	4075
~~purchased.~~	4076

~~(G)~~(E) Each state agency, department, division, bureau,	4077
office, unit, board, commission, authority, quasi-governmental	4078
entity, institution, and state institution of higher education	4079
shall comply with any applicable provision of this section or of a	4080
rule promulgated pursuant to division (D) ~~or (F)~~ of this section.	4081

Sec. 123.23. (A) As used in this section, "public exigency"	4082
means an injury or obstruction that occurs in any public works of	4083
the state that materially impairs its immediate use or places in	4084
jeopardy property adjacent to it; an immediate danger of such an	4085
injury or obstruction; or an injury or obstruction, or an	4086
immediate danger of an injury or obstruction, that occurs during	4087
the process of construction of any public works and that	4088
materially impairs its immediate use or places in jeopardy	4089
property adjacent to it.	4090

(B) When a declaration of a public exigency is issued	4091
pursuant to division (C) of this section, the executive director	4092
of the Ohio facilities construction commission may enter into	4093
contracts with proper persons for the performance of labor, the	4094
furnishing of materials, or the construction of any structures and	4095
buildings necessary to the maintenance, control, and management of	4096
the public works of the state or any part of those public works.	4097
Any contracts awarded for the work performed pursuant to the	4098
declaration of a public exigency may be awarded without	4099
competitive bidding or selection as otherwise required by Chapter	4100
153. of the Revised Code.	4101

(C) The executive director of the commission may issue a	4102
declaration of a public exigency on the executive director's own	4103
initiative, or upon the request of the director of any state	4104
agency, university, or instrumentality. The executive director's	4105
declaration shall identify the specific injury, obstruction, or	4106
danger that is the subject of the declaration and shall set forth	4107
a dollar limitation for the repair, removal, or prevention of that	4108
exigency under the declaration.	4109

Before any project to repair, remove, or prevent a public	4110
exigency under the executive director's declaration may begin, the	4111
executive director shall send notice of the project, in writing,	4112
to the director of budget and management and to the members of the	4113
controlling board. The notice shall detail the project to be	4114
undertaken to address the public exigency and shall include a copy	4115
of the director's declaration that establishes the monetary	4116
limitations on that project.	4117

~~Sec. 123.17.~~ Sec. 123.24. (A) As used in this section, "institution	4118
of higher education" means a state university or college, as	4119
defined in section 3345.12 of the Revised Code, or a state	4120
community college.	4121

(B) ~~Not later than December 30, 2005, the state architect~~The	4122
Ohio facilities construction commission shall establish a local	4123
administration competency certification program to certify	4124
institutions of higher education to administer capital facilities	4125
projects pursuant to section 3345.51 of the Revised Code without	4126
the supervision, control, or approval of the ~~department of~~	4127
~~administrative services~~commission. The program shall offer	4128
instruction in the administration of capital facilities projects	4129
for employees of institutions of higher education who are	4130
responsible for such administration and who are selected by their	4131
employing institutions to participate in the program.	4132

(C) The program shall provide instruction about the	4133
provisions of Chapters 9., 123., and 153. of the Revised Code and	4134
any rules or policies adopted by the ~~department~~commission	4135
regarding the planning, design, and construction of capital	4136
facilities, including all of the following:	4137

(1) The planning, design, and construction process;

4138

(2) Contract requirements;

4139

(3) Construction management;

4140

(4) Project management.

4141

(D) The ~~state architect~~commission shall award local	4142
administration competency certification to any institution of	4143
higher education if all of the following apply:	4144

(1) The institution applied for certification on a form and	4145
in a manner prescribed by the ~~state architect~~commission.	4146

(2) The ~~state architect~~commission determines that a	4147
sufficient number of the institution's employees, representing a	4148
sufficient number of employee classifications, responsible for the	4149
administration of capital facilities projects have successfully	4150
completed the certification program to ensure that any capital	4151
facilities project undertaken by the institution will be	4152
administered successfully and in accordance with all provisions of	4153
the Revised Code, and the board of trustees of the institution	4154
provides written assurance to the ~~state architect~~commission that	4155
the institution will select new employees to participate in the	4156
certification program as necessary to compensate for employee	4157
turnover.	4158

(3) The ~~state architect~~commission determines that the	4159
employees of the institution enrolled in the program demonstrate	4160
successful completion of the competency certification training and	4161
a satisfactory level of knowledge of and competency in the	4162
requirements for administering capital facilities projects.	4163

(4) The institution pays the fee prescribed by division (F)	4164
of this section.	4165

(5) The board of trustees of the institution provides written	4166
assurance to the ~~state architect~~commission that the institution	4167
will conduct biennial audits of the institution's administration	4168
of capital facilities projects in accordance with division (C) of	4169
section 3345.51 of the Revised Code.	4170

(6) The board of trustees of the institution agrees in	4171
writing to indemnify and hold harmless the state and the	4172
~~department~~commission for any claim of injury, loss, or damage	4173
that results from the institution's administration of a capital	4174
facilities project.	4175

(E) Local administration competency certification granted	4176
under this section shall remain in effect for as long as the ~~state~~	4177
~~architect~~commission determines that both of the following apply:	4178

(1) The institution of higher education maintains a	4179
sufficient number of employees responsible for the administration	4180
of capital facilities projects who have successfully completed the	4181
certification program and have demonstrated a satisfactory level	4182
of knowledge of and competency in the requirements for	4183
administering capital facilities projects;	4184

(2) The institution is performing the biennial audits	4185
prescribed in division (C) of section 3345.51 of the Revised Code.	4186

If the ~~state architect~~commission determines that an	4187
institution of higher education has failed to comply with the	4188
conditions of division (E)(1) or (2) of this section, the ~~state~~	4189
~~architect~~commission shall revoke the institution's certification	4190
and shall notify the board of trustees of the institution in	4191
writing of the revocation.	4192

(F) The ~~state architect~~commission shall establish, subject	4193
to the approval of the director of budget and management, the	4194
amount of the fee required to be paid by any institution of higher	4195
education that seeks certification under this section. The amount	4196
of the fees shall be set to cover the costs to implement this	4197
section, including the costs for materials and the competency	4198
certification training sessions. Any fees received under this	4199
section shall be paid into the state treasury to the credit of the	4200
~~state architect's~~commission's fund established under section	4201
~~123.10~~123.201 of the Revised Code.	4202

(G) Nothing in this section shall prohibit an institution	4203
that administers a capital facilities project under section	4204
3345.51 of the Revised Code from requesting guidance or other	4205
services from the ~~department of administrative services~~	4206
commission.	4207

Sec. 123.26. (A) The executive director of the Ohio	4208
facilities construction commission shall regulate the rate of	4209
tolls to be collected on the construction or improvement of the	4210
public works of the state, and shall fix all rentals and collect	4211
all tolls, rents, fines, commissions, fees, and other revenues	4212
arising from any source in the construction or improvement of the	4213
public works of the state.	4214

(B) Deposits made to the commission's fund in the state	4215
treasury under section 123.201 of the Revised Code shall consist	4216
of money received by the commission under division (A) of this	4217
section, fees paid under section 123.24 of the Revised Code,	4218
transfers of money to the fund authorized by the general assembly,	4219
and such amount of the investment earnings of the administrative	4220
building fund created in division (F) of section 154.24 of the	4221
Revised Code as the director of budget and management determines	4222
to be appropriate and in excess of the amounts required to meet	4223
estimated federal arbitrage rebate requirements. Money in the fund	4224
shall be used by the commission for the following purposes:	4225

(1) To pay personnel and other administrative expenses of the	4226
commission;	4227

(2) To pay the cost of conducting evaluations of public	4228
works;	4229

(3) To pay the cost of building design specifications;

4230

(4) To pay the cost of providing project management services;

4231

(5) To pay the cost of operating the local administration	4232
competency certification program prescribed by section 123.24 of	4233
the Revised Code; and	4234

(6) Any other purposes that the executive director of the	4235
commission determines to be necessary for the commission to	4236
execute its duties under this chapter.	4237

~~Sec. 123.101.~~ Sec. 123.27. (A) As used in this section:

4238

"Capital facilities project" means the construction,	4239
reconstruction, improvement, enlargement, alteration, or repair of	4240
a building by a public entity.	4241

"Public entity" includes a state agency and a state	4242
institution of higher education.	4243

"State institution of higher education" has the same meaning	4244
as in section 3345.011 of the Revised Code.	4245

(B) Commencing not later than July 1, 2012, and upon	4246
completion of a capital facilities project that is funded wholly	4247
or in part using state funds, each public entity shall submit a	4248
report about the project to the executive director of	4249
~~administrative services~~the Ohio facilities construction	4250
commission. The report shall be submitted in Ohio administrative	4251
knowledge system capital improvement format or in a manner	4252
determined by the executive director and not later than thirty	4253
days after the project is complete. The report shall provide the	4254
total original contract bid, total cost of change orders, total	4255
actual cost of the project, total costs incurred for mediation and	4256
litigation services, and any other data requested by the executive	4257
director. The first report submitted pursuant to this division	4258
shall include information about any capital facilities project	4259
completed on or after July 1, 2011. Any capital facilities project	4260
that is funded wholly or in part through appropriations made to	4261
the Ohio school facilities commission, the Ohio public works	4262
commission, or the Ohio cultural facilities commission, or for	4263
which a joint use agreement has been entered into with any public	4264
entity, is exempt from the reporting requirement prescribed under	4265
this division.	4266

(C) Commencing not later than July 1, 2012, and annually	4267
thereafter, the attorney general shall report to the executive	4268
director of the Ohio facilities construction commission on any	4269
mediation and litigation costs associated with capital facilities	4270
projects for which a judgment has been rendered. The report shall	4271
be submitted in a manner prescribed by the executive director and	4272
shall contain any information requested by the executive director	4273
related to capital facilities project mediation and litigation	4274
costs.	4275

(D) As soon as practicable after such information is made	4276
available, the executive director of ~~administrative services~~the	4277
Ohio facilities construction commission shall incorporate the	4278
information reported pursuant to divisions (B) and (C) of this	4279
section into the Ohio administrative knowledge system.	4280

Sec. 124.04. In addition to those powers enumerated in	4281
Chapters 123. and 125. of the Revised Code and as provided	4282
elsewhere by law, the powers, duties, and functions of the	4283
department of administrative services not specifically vested in	4284
and assigned to, or to be performed by, the state personnel board	4285
of review are hereby vested in and assigned to, and shall be	4286
performed by, the director of administrative services. These	4287
powers, duties, and functions shall include, but shall not be	4288
limited to, the following powers, duties, and functions:	4289

(A) To prepare, conduct, and grade all competitive	4290
examinations for positions in the classified ~~state~~ service of the	4291
state;	4292

(B) To prepare, conduct, and grade all noncompetitive	4293
examinations for positions in the classified ~~state~~ service of the	4294
state;	4295

(C) To prepare eligible lists containing the names of persons	4296
qualified for appointment to positions in the classified ~~state~~	4297
service of the state;	4298

(D) To prepare or amend, in accordance with section 124.14 of	4299
the Revised Code, specifications descriptive of duties,	4300
responsibilities, requirements, and desirable qualifications of	4301
the various classifications of positions in the ~~state~~ service of	4302
the state;	4303

(E) To allocate and reallocate, upon the motion of the	4304
director or upon request of an appointing authority and in	4305
accordance with section 124.14 of the Revised Code, any position,	4306
office, or employment in the ~~state~~ service of the state to the	4307
appropriate classification on the basis of the duties,	4308
responsibilities, requirements, and qualifications of that	4309
position, office, or employment;	4310

(F) To develop and conduct personnel recruitment services and	4311
assist appointing authorities in recruiting qualified applicants	4312
for positions in the ~~state~~ service of the state;	4313

(G) To conduct research on specifications, classifications,	4314
and salaries of positions in the ~~state~~ service of the state;	4315

(H) To develop and conduct personnel training programs,	4316
including supervisory training programs and best practices plans,	4317
and to develop merit hiring processes, in cooperation with	4318
appointing authorities for positions in the service of the state;	4319

(I) To include periodically in communications sent to state	4320
employees both of the following:	4321

(1) Information developed under section 2108.34 of the	4322
Revised Code promoting the donation of anatomical gifts under	4323
Chapter 2108. of the Revised Code;	4324

(2) Information about the liver or kidney donor and bone	4325
marrow donor leave granted under section 124.139 of the Revised	4326
Code.	4327

(J) To enter into agreements with universities and colleges	4328
for in-service training of officers and employees in the civil	4329
service ~~and to assist appointing authorities in recruiting~~	4330
~~qualified applicants~~;	4331

(K) To appoint examiners, inspectors, clerks, and other	4332
assistants necessary in the exercise of the powers and performance	4333
of the duties and functions which the director is by law	4334
authorized and required to exercise and perform, and to prescribe	4335
the duties of all of those employees;	4336

(L) To maintain a journal, which shall be open to public	4337
inspection, in which the director shall keep a record of the	4338
director's final decision pertaining to the classification or	4339
reclassification of positions in the classified civil service of	4340
the state and assignment or reassignment of employees in the	4341
classified civil service of the state to specific position	4342
classifications;	4343

(M) To delegate any of the powers, functions, or duties	4344
granted or assigned to the director under this chapter to any	4345
other state agency of this state as the director considers	4346
necessary;	4347

(N) To delegate any of the powers, functions, or duties	4348
granted or assigned to the director under this chapter to any	4349
political subdivision with the concurrence of the legislative	4350
authority of the political subdivision.	4351

(O) To administer a state equal employment opportunity	4352
program.	4353

Sec. 124.06. No person shall be appointed, removed,	4354
transferred, laid off, suspended, reinstated, promoted, or reduced	4355
as an officer or employee in the civil service, in any manner or	4356
by any means other than those prescribed in this chapter, and the	4357
rules of the director of administrative services for positions in	4358
the service of the state or the municipal or civil service	4359
township civil service commission within their respective	4360
jurisdictions.	4361

Sec. 124.11. The civil service of the state and the several	4362
counties, cities, civil service townships, city health districts,	4363
general health districts, and city school districts of the state	4364
shall be divided into the unclassified service and the classified	4365
service.	4366

(A) The unclassified service shall comprise the following	4367
positions, which shall not be included in the classified service,	4368
and which shall be exempt from all examinations required by this	4369
chapter:	4370

(1) All officers elected by popular vote or persons appointed	4371
to fill vacancies in those offices;	4372

(2) All election officers as defined in section 3501.01 of	4373
the Revised Code;	4374

(3)(a) The members of all boards and commissions, and heads	4375
of principal departments, boards, and commissions appointed by the	4376
governor or by and with the governor's consent;	4377

(b) The heads of all departments appointed by a board of	4378
county commissioners;	4379

(c) The members of all boards and commissions and all heads	4380
of departments appointed by the mayor, or, if there is no mayor,	4381
such other similar chief appointing authority of any city or city	4382
school district;	4383

Except as otherwise provided in division (A)(17) or (C) of	4384
this section, this chapter does not exempt the chiefs of police	4385
departments and chiefs of fire departments of cities or civil	4386
service townships from the competitive classified service.	4387

(4) The members of county or district licensing boards or	4388
commissions and boards of revision, and not more than five deputy	4389
county auditors;	4390

(5) All officers and employees elected or appointed by either	4391
or both branches of the general assembly, and employees of the	4392
city legislative authority engaged in legislative duties;	4393

(6) All commissioned, warrant, and noncommissioned officers	4394
and enlisted persons in the Ohio organized militia, including	4395
military appointees in the adjutant general's department;	4396

(7)(a) All presidents, business managers, administrative	4397
officers, superintendents, assistant superintendents, principals,	4398
deans, assistant deans, instructors, teachers, and such employees	4399
as are engaged in educational or research duties connected with	4400
the public school system, colleges, and universities, as	4401
determined by the governing body of the public school system,	4402
colleges, and universities;	4403

(b) The library staff of any library in the state supported	4404
wholly or in part at public expense.	4405

(8) Four clerical and administrative support employees for	4406
each of the elective state officers, four clerical and	4407
administrative support employees for each board of county	4408
commissioners and one such employee for each county commissioner,	4409
and four clerical and administrative support employees for other	4410
elective officers and each of the principal appointive executive	4411
officers, boards, or commissions, except for civil service	4412
commissions, that are authorized to appoint such clerical and	4413
administrative support employees;	4414

(9) The deputies and assistants of state agencies authorized	4415
to act for and on behalf of the agency, or holding a fiduciary or	4416
administrative relation to that agency and those persons employed	4417
by and directly responsible to elected county officials or a	4418
county administrator and holding a fiduciary or administrative	4419
relationship to such elected county officials or county	4420
administrator, and the employees of such county officials whose	4421
fitness would be impracticable to determine by competitive	4422
examination, provided that division (A)(9) of this section shall	4423
not affect those persons in county employment in the classified	4424
service as of September 19, 1961. Nothing in division (A)(9) of	4425
this section applies to any position in a county department of job	4426
and family services created pursuant to Chapter 329. of the	4427
Revised Code.	4428

(10) Bailiffs, constables, official stenographers, and	4429
commissioners of courts of record, deputies of clerks of the	4430
courts of common pleas who supervise or who handle public moneys	4431
or secured documents, and such officers and employees of courts of	4432
record and such deputies of clerks of the courts of common pleas	4433
as the ~~director of administrative services~~appointing authority	4434
finds it impracticable to determine their fitness by competitive	4435
examination;	4436

(11) Assistants to the attorney general, special counsel	4437
appointed or employed by the attorney general, assistants to	4438
county prosecuting attorneys, and assistants to city directors of	4439
law;	4440

(12) Such teachers and employees in the agricultural	4441
experiment stations; such students in normal schools, colleges,	4442
and universities of the state who are employed by the state or a	4443
political subdivision of the state in student or intern	4444
classifications; and such unskilled labor positions as the	4445
director of administrative services, with respect to positions in	4446
the service of the state, or any municipal civil service	4447
commission may find it impracticable to include in the competitive	4448
classified service; provided such exemptions shall be by order of	4449
the commission or the director, duly entered on the record of the	4450
commission or the director with the reasons for each such	4451
exemption;	4452

(13) Any physician or dentist who is a full-time employee of	4453
the department of mental health, the department of developmental	4454
disabilities, or an institution under the jurisdiction of either	4455
department; and physicians who are in residency programs at the	4456
institutions;	4457

(14) Up to twenty positions at each institution under the	4458
jurisdiction of the department of mental health or the department	4459
of developmental disabilities that the department director	4460
determines to be primarily administrative or managerial; and up to	4461
fifteen positions in any division of either department, excluding	4462
administrative assistants to the director and division chiefs,	4463
which are within the immediate staff of a division chief and which	4464
the director determines to be primarily and distinctively	4465
administrative and managerial;	4466

(15) Noncitizens of the United States employed by the state,	4467
or its counties or cities, as physicians or nurses who are duly	4468
licensed to practice their respective professions under the laws	4469
of this state, or medical assistants, in mental or chronic disease	4470
hospitals, or institutions;	4471

(16) Employees of the governor's office;

4472

(17) Fire chiefs and chiefs of police in civil service	4473
townships appointed by boards of township trustees under section	4474
505.38 or 505.49 of the Revised Code;	4475

(18) Executive directors, deputy directors, and program	4476
directors employed by boards of alcohol, drug addiction, and	4477
mental health services under Chapter 340. of the Revised Code, and	4478
secretaries of the executive directors, deputy directors, and	4479
program directors;	4480

(19) Superintendents, and management employees as defined in	4481
section 5126.20 of the Revised Code, of county boards of	4482
developmental disabilities;	4483

(20) Physicians, nurses, and other employees of a county	4484
hospital who are appointed pursuant to sections 339.03 and 339.06	4485
of the Revised Code;	4486

(21) The executive director of the state medical board, who	4487
is appointed pursuant to division (B) of section 4731.05 of the	4488
Revised Code;	4489

(22) County directors of job and family services as provided	4490
in section 329.02 of the Revised Code and administrators appointed	4491
under section 329.021 of the Revised Code;	4492

(23) A director of economic development who is hired pursuant	4493
to division (A) of section 307.07 of the Revised Code;	4494

(24) Chiefs of construction and compliance, of operations and	4495
maintenance, of worker protection, and of licensing and	4496
certification in the division of ~~labor~~industrial compliance in	4497
the department of commerce;	4498

(25) The executive director of a county transit system	4499
appointed under division (A) of section 306.04 of the Revised	4500
Code;	4501

(26) Up to five positions at each of the administrative	4502
departments listed in section 121.02 of the Revised Code and at	4503
the department of taxation, department of the adjutant general,	4504
department of education, Ohio board of regents, bureau of workers'	4505
compensation, industrial commission, state lottery commission, and	4506
public utilities commission of Ohio that the head of that	4507
administrative department or of that other state agency determines	4508
to be involved in policy development and implementation. The head	4509
of the administrative department or other state agency shall set	4510
the compensation for employees in these positions at a rate that	4511
is not less than the minimum compensation specified in pay range	4512
41 but not more than the maximum compensation specified in pay	4513
range 44 of salary schedule E-2 in section 124.152 of the Revised	4514
Code. The authority to establish positions in the unclassified	4515
service under division (A)(26) of this section is in addition to	4516
and does not limit any other authority that an administrative	4517
department or state agency has under the Revised Code to establish	4518
positions, appoint employees, or set compensation.	4519

(27) Employees of the department of agriculture employed	4520
under section 901.09 of the Revised Code;	4521

(28) For cities, counties, civil service townships, city	4522
health districts, general health districts, and city school	4523
districts, the deputies and assistants of elective or principal	4524
executive officers authorized to act for and in the place of their	4525
principals or holding a fiduciary relation to their principals;	4526

(29) Employees who receive intermittent or temporary	4527
appointments under division (B) of section 124.30 of the Revised	4528
Code;	4529

(30) Employees appointed to administrative staff positions	4530
for which an appointing authority is given specific statutory	4531
authority to set compensation;	4532

(31) Employees appointed to highway patrol cadet or highway	4533
patrol cadet candidate classifications;	4534

(32) Employees placed in the unclassified service by another	4535
section of the Revised Code.	4536

(B) The classified service shall comprise all persons in the	4537
employ of the state and the several counties, cities, city health	4538
districts, general health districts, and city school districts of	4539
the state, not specifically included in the unclassified service.	4540
Upon the creation by the board of trustees of a civil service	4541
township civil service commission, the classified service shall	4542
also comprise, except as otherwise provided in division (A)(17) or	4543
(C) of this section, all persons in the employ of a civil service	4544
township police or fire department having ten or more full-time	4545
paid employees. The classified service consists of two classes,	4546
which shall be designated as the competitive class and the	4547
unskilled labor class.	4548

(1) The competitive class shall include all positions and	4549
employments in the state and the counties, cities, city health	4550
districts, general health districts, and city school districts of	4551
the state, and, upon the creation by the board of trustees of a	4552
civil service township of a township civil service commission, all	4553
positions in a civil service township police or fire department	4554
having ten or more full-time paid employees, for which it is	4555
practicable to determine the merit and fitness of applicants by	4556
competitive examinations. Appointments shall be made to, or	4557
employment shall be given in, all positions in the competitive	4558
class that are not filled by promotion, reinstatement, transfer,	4559
or reduction, as provided in this chapter, and the rules of the	4560
director of administrative services, by appointment from those	4561
certified to the appointing officer in accordance with this	4562
chapter.	4563

(2) The unskilled labor class shall include ordinary	4564
unskilled laborers. Vacancies in the labor class for positions in	4565
service of the state shall be filled by appointment from lists of	4566
applicants registered by the director or the director's designee.	4567
Vacancies in the labor class for all other positions shall be	4568
filled by appointment from lists of applicants registered by a	4569
commission. The director or the commission, as applicable, by	4570
rule, shall require an applicant for registration in the labor	4571
class to furnish evidence or take tests as the director or	4572
commission considers proper with respect to age, residence,	4573
physical condition, ability to labor, honesty, sobriety, industry,	4574
capacity, and experience in the work or employment for which	4575
application is made. Laborers who fulfill the requirements shall	4576
be placed on the eligible list for the kind of labor or employment	4577
sought, and preference shall be given in employment in accordance	4578
with the rating received from that evidence or in those tests.	4579
Upon the request of an appointing officer, stating the kind of	4580
labor needed, the pay and probable length of employment, and the	4581
number to be employed, the director or commission, as applicable,	4582
shall certify from the highest on the list double the number to be	4583
employed; from this number, the appointing officer shall appoint	4584
the number actually needed for the particular work. If more than	4585
one applicant receives the same rating, priority in time of	4586
application shall determine the order in which their names shall	4587
be certified for appointment.	4588

(C) A municipal or civil service township civil service	4589
commission may place volunteer firefighters who are paid on a	4590
fee-for-service basis in either the classified or the unclassified	4591
civil service.	4592

(D)(1) This division does not apply to persons in the	4593
unclassified service who have the right to resume positions in the	4594
classified service under sections 4121.121, 5119.071, 5120.38,	4595
5120.381, 5120.382, 5123.08, 5139.02, and 5501.19 of the Revised	4596
Code or to cities, counties, or political subdivisions of the	4597
state.	4598

~~An appointing authority whose employees are paid directly by~~	4599
~~warrant of the director of budget and management may appoint a~~	4600
~~person who holds a certified position in the classified service~~	4601
~~within the appointing authority's agency to a position in the~~	4602
~~unclassified service within that agency.~~(2) A person ~~appointed~~	4603
~~pursuant to this division~~who holds a position in the classified	4604
service of the safe and who is appointed to a position in the	4605
unclassified service shall retain the right to resume the position	4606
and status held by the person in the classified service	4607
immediately prior to the person's appointment to the position in	4608
the unclassified service, regardless of the number of positions	4609
the person held in the unclassified service. An employee's right	4610
to resume a position in the classified service may only be	4611
exercised when an appointing authority demotes the employee to a	4612
pay range lower than the employee's current pay range or revokes	4613
the employee's appointment to the unclassified service.and:	4614

(a) That person held a certified position prior to July 1,	4615
2007, in the classified service within the appointing authority's	4616
agency; or	4617

(b) That person held a permanent position on or after July 1,	4618
2007, in the classified service within the appointing authority's	4619
agency.	4620

(3) An employee forfeits the right to resume a position in	4621
the classified service when ~~the~~:	4622

(a) The employee is removed from the position in the	4623
unclassified service due to incompetence, inefficiency,	4624
dishonesty, drunkenness, immoral conduct, insubordination,	4625
discourteous treatment of the public, neglect of duty, violation	4626
of this chapter or the rules of the director of administrative	4627
services, any other failure of good behavior, any other acts of	4628
misfeasance, malfeasance, or nonfeasance in office, or conviction	4629
of a felony~~. An employee also forfeits the right to resume a~~	4630
~~position in the classified service upon~~; or	4631

(b) Upon transfer to a different agency.

4632

(4) Reinstatement to a position in the classified service	4633
shall be to a position substantially equal to that position in the	4634
classified service held previously, as certified by the director	4635
of administrative services. If the position the person previously	4636
held in the classified service has been placed in the unclassified	4637
service or is otherwise unavailable, the person shall be appointed	4638
to a position in the classified service within the appointing	4639
authority's agency that the director of administrative services	4640
certifies is comparable in compensation to the position the person	4641
previously held in the classified service. Service in the position	4642
in the unclassified service shall be counted as service in the	4643
position in the classified service held by the person immediately	4644
prior to the person's appointment to the position in the	4645
unclassified service. When a person is reinstated to a position in	4646
the classified service as provided in this division, the person is	4647
entitled to all rights, status, and benefits accruing to the	4648
position in the classified service during the person's time of	4649
service in the position in the unclassified service.	4650

Sec. 124.12. (A) Within ninety days after an appointing	4651
authority appoints an employee to an unclassified position in the	4652
service of the state, the appointing authority shall notify the	4653
department of administrative services of that appointment.	4654

(B) On the date an appointing authority appoints an employee	4655
to an unclassified position in the state service, the appointing	4656
authority shall provide the employee with written information	4657
describing the nature of employment in the unclassified civil	4658
service. Within thirty days after the date an appointing authority	4659
appoints an employee to an unclassified position in the state	4660
service, the appointing authority shall provide the employee with	4661
written information describing the duties of that position.	4662
Failure of the appointing authority to provide the written	4663
information described in this division to the employee does not	4664
confer any additional rights upon the employee in any appellate	4665
body with jurisdiction over an appeal of the employee.	4666

(C) The department shall develop and provide each appointing	4667
authority in the ~~state~~ service of the state with a general written	4668
description of the nature of employment in the unclassified civil	4669
service that shall be provided to employees under division (B) of	4670
this section.	4671

Sec. 124.14. (A)(1) The director of administrative services	4672
shall establish, and may modify or rescind, by rule, a job	4673
classification plan for all positions, offices, and employments	4674
the salaries of which are paid in whole or in part by the state.	4675
The director shall group jobs within a classification so that the	4676
positions are similar enough in duties and responsibilities to be	4677
described by the same title, to have the same pay assigned with	4678
equity, and to have the same qualifications for selection applied.	4679
The director shall, by rule, assign a classification title to each	4680
classification within the classification plan. However, the	4681
director shall consider in establishing classifications, including	4682
classifications with parenthetical titles, and assigning pay	4683
ranges such factors as duties performed only on one shift, special	4684
skills in short supply in the labor market, recruitment problems,	4685
separation rates, comparative salary rates, the amount of training	4686
required, and other conditions affecting employment. The director	4687
shall describe the duties and responsibilities of the class,	4688
establish the qualifications for being employed in each position	4689
in the class, and file with the secretary of state a copy of	4690
specifications for all of the classifications. The director shall	4691
file new, additional, or revised specifications with the secretary	4692
of state before they are used.	4693

The director shall, by rule, assign each classification,	4694
either on a statewide basis or in particular counties or state	4695
institutions, to a pay range established under section 124.15 or	4696
section 124.152 of the Revised Code. The director may assign a	4697
classification to a pay range on a temporary basis for a period of	4698
six months. The director may establish, by rule adopted under	4699
Chapter 119. of the Revised Code, experimental classification	4700
plans for some or all employees paid directly by warrant of the	4701
director of budget and management. The rule shall include	4702
specifications for each classification within the plan and shall	4703
specifically address compensation ranges, and methods for	4704
advancing within the ranges, for the classifications, which may be	4705
assigned to pay ranges other than the pay ranges established under	4706
section 124.15 or 124.152 of the Revised Code.	4707

(2) The director of administrative services may reassign to a	4708
proper classification those positions that have been assigned to	4709
an improper classification. If the compensation of an employee in	4710
such a reassigned position exceeds the maximum rate of pay for the	4711
employee's new classification, the employee shall be placed in pay	4712
step X and shall not receive an increase in compensation until the	4713
maximum rate of pay for that classification exceeds the employee's	4714
compensation.	4715

(3) The director may reassign an exempt employee, as defined	4716
in section 124.152 of the Revised Code, to a bargaining unit	4717
classification if the director determines that the bargaining unit	4718
classification is the proper classification for that employee.	4719
Notwithstanding Chapter 4117. of the Revised Code or instruments	4720
and contracts negotiated under it, these placements are at the	4721
director's discretion.	4722

(4) The director shall, by rule, assign related	4723
classifications, which form a career progression, to a	4724
classification series. The director shall, by rule, assign each	4725
classification in the classification plan a five-digit number, the	4726
first four digits of which shall denote the classification series	4727
to which the classification is assigned. When a career progression	4728
encompasses more than ten classifications, the director shall, by	4729
rule, identify the additional classifications belonging to a	4730
classification series. The additional classifications shall be	4731
part of the classification series, notwithstanding the fact that	4732
the first four digits of the number assigned to the additional	4733
classifications do not correspond to the first four digits of the	4734
numbers assigned to other classifications in the classification	4735
series.	4736

~~(5) The director may establish, modify, or rescind a~~	4737
~~classification plan for county agencies that elect not to use the~~	4738
~~services and facilities of a county personnel department. The~~	4739
~~director shall establish any such classification plan by means of~~	4740
~~rules adopted under Chapter 119. of the Revised Code. The rules~~	4741
~~shall include a methodology for the establishment of titles unique~~	4742
~~to county agencies, the use of state classification titles and~~	4743
~~classification specifications for common positions, the criteria~~	4744
~~for a county to meet in establishing its own classification plan,~~	4745
~~and the establishment of what constitutes a classification series~~	4746
~~for county agencies. The director may assess a county agency that~~	4747
~~chooses to use the classification plan a usage fee the director~~	4748
~~determines. All usage fees the department of administrative~~	4749
~~services receives shall be paid into the state treasury to the~~	4750
~~credit of the human resources fund created in section 124.07 of~~	4751
~~the Revised Code.~~	4752

(B) Division (A) of this section and sections 124.15 and	4753
124.152 of the Revised Code do not apply to the following persons,	4754
positions, offices, and employments:	4755

(1) Elected officials;

4756

(2) Legislative employees, employees of the legislative	4757
service commission, employees in the office of the governor,	4758
employees who are in the unclassified civil service and exempt	4759
from collective bargaining coverage in the office of the secretary	4760
of state, auditor of state, treasurer of state, and attorney	4761
general, and employees of the supreme court;	4762

(3) ~~Employees of a county children services board that~~	4763
~~establishes compensation rates under section 5153.12 of the~~	4764
~~Revised Code;~~	4765

~~(4)~~ Any position for which the authority to determine	4766
compensation is given by law to another individual or entity;	4767

~~(5)~~(4) Employees of the bureau of workers' compensation whose	4768
compensation the administrator of workers' compensation	4769
establishes under division (B) of section 4121.121 of the Revised	4770
Code.	4771

(C) The director may employ a consulting agency to aid and	4772
assist the director in carrying out this section.	4773

(D)(1) When the director proposes to modify a classification	4774
or the assignment of classes to appropriate pay ranges, the	4775
director shall send written notice of the proposed rule to the	4776
appointing authorities of the affected employees thirty days	4777
before a hearing on the proposed rule. The appointing authorities	4778
shall notify the affected employees regarding the proposed rule.	4779
The director also shall send those appointing authorities notice	4780
of any final rule that is adopted within ten days after adoption.	4781

(2) When the director proposes to reclassify any employee in	4782
the service of the state so that the employee is adversely	4783
affected, the director shall give to the employee affected and to	4784
the employee's appointing authority a written notice setting forth	4785
the proposed new classification, pay range, and salary. Upon the	4786
request of any classified employee in the service of the state who	4787
is not serving in a probationary period, the director shall	4788
perform a job audit to review the classification of the employee's	4789
position to determine whether the position is properly classified.	4790
The director shall give to the employee affected and to the	4791
employee's appointing authority a written notice of the director's	4792
determination whether or not to reclassify the position or to	4793
reassign the employee to another classification. An employee or	4794
appointing authority desiring a hearing shall file a written	4795
request for the hearing with the state personnel board of review	4796
within thirty days after receiving the notice. The board shall set	4797
the matter for a hearing and notify the employee and appointing	4798
authority of the time and place of the hearing. The employee, the	4799
appointing authority, or any authorized representative of the	4800
employee who wishes to submit facts for the consideration of the	4801
board shall be afforded reasonable opportunity to do so. After the	4802
hearing, the board shall consider anew the reclassification and	4803
may order the reclassification of the employee and require the	4804
director to assign the employee to such appropriate classification	4805
as the facts and evidence warrant. As provided in division (A)(1)	4806
of section 124.03 of the Revised Code, the board may determine the	4807
most appropriate classification for the position of any employee	4808
coming before the board, with or without a job audit. The board	4809
shall disallow any reclassification or reassignment classification	4810
of any employee when it finds that changes have been made in the	4811
duties and responsibilities of any particular employee for	4812
political, religious, or other unjust reasons.	4813

(E)(1) Employees of each county department of job and family	4814
services shall be paid a salary or wage established by the board	4815
of county commissioners. The provisions of section 124.18 of the	4816
Revised Code concerning the standard work week apply to employees	4817
of county departments of job and family services. A board of	4818
county commissioners may do either of the following:	4819

(a) Notwithstanding any other section of the Revised Code,	4820
supplement the sick leave, vacation leave, personal leave, and	4821
other benefits of any employee of the county department of job and	4822
family services of that county, if the employee is eligible for	4823
the supplement under a written policy providing for the	4824
supplement;	4825

(b) Notwithstanding any other section of the Revised Code,	4826
establish alternative schedules of sick leave, vacation leave,	4827
personal leave, or other benefits for employees not inconsistent	4828
with the provisions of a collective bargaining agreement covering	4829
the affected employees.	4830

(2) Division (E)(1) of this section does not apply to	4831
employees for whom the state employment relations board	4832
establishes appropriate bargaining units pursuant to section	4833
4117.06 of the Revised Code, except in either of the following	4834
situations:	4835

(a) The employees for whom the state employment relations	4836
board establishes appropriate bargaining units elect no	4837
representative in a board-conducted representation election.	4838

(b) After the state employment relations board establishes	4839
appropriate bargaining units for such employees, all employee	4840
organizations withdraw from a representation election.	4841

(F)(1) Notwithstanding any contrary provision of sections	4842
124.01 to 124.64 of the Revised Code, the board of trustees of	4843
each state university or college, as defined in section 3345.12 of	4844
the Revised Code, shall carry out all matters of governance	4845
involving the officers and employees of the university or college,	4846
including, but not limited to, the powers, duties, and functions	4847
of the department of administrative services and the director of	4848
administrative services specified in this chapter. Officers and	4849
employees of a state university or college shall have the right of	4850
appeal to the state personnel board of review as provided in this	4851
chapter.	4852

(2) Each board of trustees shall adopt rules under section	4853
111.15 of the Revised Code to carry out the matters of governance	4854
described in division (F)(1) of this section. Until the board of	4855
trustees adopts those rules, a state university or college shall	4856
continue to operate pursuant to the applicable rules adopted by	4857
the director of administrative services under this chapter.	4858

(G)(1) Each board of county commissioners may, by a	4859
resolution adopted by a majority of its members, establish a	4860
county personnel department to exercise the powers, duties, and	4861
functions specified in division (G) of this section. As used in	4862
division (G) of this section, "county personnel department" means	4863
a county personnel department established by a board of county	4864
commissioners under division (G)(1) of this section.	4865

(2)(a) Each board of county commissioners, by a resolution	4866
adopted by a majority of its members, may designate the county	4867
personnel department of the county to exercise the powers, duties,	4868
and functions specified in sections 124.01 to 124.64 and Chapter	4869
325. of the Revised Code with regard to employees in the service	4870
of the county, except for the powers and duties of the state	4871
personnel board of review, which powers and duties shall not be	4872
construed as having been modified or diminished in any manner by	4873
division (G)(2) of this section, with respect to the employees for	4874
whom the board of county commissioners is the appointing authority	4875
or co-appointing authority.	4876

(b) Nothing in division (G)(2) of this section shall be	4877
construed to limit the right of any employee who possesses the	4878
right of appeal to the state personnel board of review to continue	4879
to possess that right of appeal.	4880

(c) Any board of county commissioners that has established a	4881
county personnel department may contract with the department of	4882
administrative services, in accordance with division (H) of this	4883
section, another political subdivision, or an appropriate public	4884
or private entity to provide competitive testing services or other	4885
appropriate services.	4886

(3) After the county personnel department of a county has	4887
been established as described in division (G)(2) of this section,	4888
any elected official, board, agency, or other appointing authority	4889
of that county, upon written notification to the county personnel	4890
department, may elect to use the services and facilities of the	4891
county personnel department. Upon receipt of the notification by	4892
the county personnel department, the county personnel department	4893
shall exercise the powers, duties, and functions as described in	4894
division (G)(2) of this section with respect to the employees of	4895
that elected official, board, agency, or other appointing	4896
authority.	4897

(4) Each board of county commissioners, by a resolution	4898
adopted by a majority of its members, may disband the county	4899
personnel department.	4900

(5) Any elected official, board, agency, or appointing	4901
authority of a county may end its involvement with a county	4902
personnel department upon actual receipt by the department of a	4903
certified copy of the notification that contains the decision to	4904
no longer participate.	4905

(6) ~~The director of administrative services may, by rule~~	4906
~~adopted in accordance with Chapter 119. of the Revised Code,~~	4907
~~prescribe criteria and procedures for the following:~~	4908

~~(a)~~ A ~~requirement that each~~ county personnel department, in	4909
carrying out its duties, shall adhere to merit system principles	4910
with regard to employees of county departments of job and family	4911
services, child support enforcement agencies, and public child	4912
welfare agencies so that there is no threatened loss of federal	4913
funding for these agencies, and ~~a requirement that~~ the county be	4914
is financially liable to the state for any loss of federal funds	4915
due to the action or inaction of the county personnel department.	4916
~~The costs associated with audits conducted to monitor compliance~~	4917
~~with division (G)(6)(a) of this section shall be reimbursed to the~~	4918
~~department of administrative services as determined by the~~	4919
~~director. All money the department receives for these audits shall~~	4920
~~be paid into the state treasury to the credit of the human~~	4921
~~resources fund created in section 124.07 of the Revised Code.~~	4922

~~(b) Authorization for the director of administrative services~~	4923
~~to conduct periodic audits and reviews of county personnel~~	4924
~~departments to guarantee the uniform application of the powers,~~	4925
~~duties, and functions exercised pursuant to division (G)(2)(a) of~~	4926
~~this section. The costs of the audits and reviews shall be~~	4927
~~reimbursed to the department of administrative services as~~	4928
~~determined by the director by the county for which the services~~	4929
~~are performed. All money the department receives shall be paid~~	4930
~~into the state treasury to the credit of the human resources fund~~	4931
~~created in section 124.07 of the Revised Code.~~	4932

(H) County agencies may contract with the department of	4933
administrative services for any human resources services,	4934
including, but not limited to, establishment and modification of	4935
job classification plans, competitive testing services, and	4936
periodic audits and reviews of the county's uniform application of	4937
the powers, duties, and functions specified in sections 124.01 to	4938
124.64 and Chapter 325. of the Revised Code with regard to	4939
employees in the service of the county. Nothing in this division	4940
modifies the powers and duties of the state personnel board of	4941
review with respect to employees in the service of the county.	4942
Nothing in this division limits the right of any employee who	4943
possesses the right of appeal to the state personnel board of	4944
review to continue to possess that right of appeal.	4945

(I) The director of administrative services shall establish	4946
the rate and method of compensation for all employees who are paid	4947
directly by warrant of the director of budget and management and	4948
who are serving in positions that the director of administrative	4949
services has determined impracticable to include in the state job	4950
classification plan. This division does not apply to elected	4951
officials, legislative employees, employees of the legislative	4952
service commission, employees who are in the unclassified civil	4953
service and exempt from collective bargaining coverage in the	4954
office of the secretary of state, auditor of state, treasurer of	4955
state, and attorney general, employees of the courts, employees of	4956
the bureau of workers' compensation whose compensation the	4957
administrator of workers' compensation establishes under division	4958
(B) of section 4121.121 of the Revised Code, or employees of an	4959
appointing authority authorized by law to fix the compensation of	4960
those employees.	4961

~~(I)~~(J) The director of administrative services shall set the	4962
rate of compensation for all intermittent, seasonal, temporary,	4963
emergency, and casual employees in the service of the state who	4964
are not considered public employees under section 4117.01 of the	4965
Revised Code. Those employees are not entitled to receive employee	4966
benefits. This rate of compensation shall be equitable in terms of	4967
the rate of employees serving in the same or similar	4968
classifications. This division does not apply to elected	4969
officials, legislative employees, employees of the legislative	4970
service commission, employees who are in the unclassified civil	4971
service and exempt from collective bargaining coverage in the	4972
office of the secretary of state, auditor of state, treasurer of	4973
state, and attorney general, employees of the courts, employees of	4974
the bureau of workers' compensation whose compensation the	4975
administrator establishes under division (B) of section 4121.121	4976
of the Revised Code, or employees of an appointing authority	4977
authorized by law to fix the compensation of those employees.	4978

Sec. 124.231. (A) As used in this section, "legally blind	4979
person" means any person who qualifies as being blind under any	4980
Ohio or federal statute, or any rule adopted thereunder. As used	4981
in this section, "legally deaf person" means any person who	4982
qualifies as being deaf under any Ohio or federal statute, or any	4983
rule adopted thereunder.	4984

(B) When an examination is to be administered under sections	4985
124.01 to ~~124.64~~124.31 of the Revised Code, the director of	4986
administrative services or the director's designee shall whenever	4987
practicable arrange for special examinations to be administered to	4988
legally blind or legally deaf persons applying for positions in	4989
the classified service of the state to ensure that the abilities	4990
of such applicants are properly assessed and that such applicants	4991
are not subject to discrimination because they are legally blind	4992
or legally deaf persons.	4993

Sec. 124.241. As used in this section, "professional	4994
employee" has the same meaning as in section 5126.20 of the	4995
Revised Code and "registered service employee" means a service	4996
employee, as defined in section 5126.20 of the Revised Code, who	4997
is registered under section 5126.25 of the Revised Code.	4998

County boards of developmental disabilities may hire	4999
professional employees and registered service employees in the	5000
classified service on the basis of the candidates' qualifications	5001
rather than on the basis of the results of ana civil service	5002
examination ~~administered by the director of administrative~~	5003
~~services pursuant to~~, as described in division (D) of section	5004
124.23 of the Revised Code.	5005

Sec. 124.25. The director of administrative services shall	5006
require persons applying for an examination for original	5007
appointment in the service of the state to file with the director	5008
or the director's designee, within reasonable time prior to the	5009
examination, a formal application, in which the applicant shall	5010
state the applicant's name, address, and such other information as	5011
may reasonably be required concerning the applicant's education	5012
and experience. No inquiry shall be made as to religious or	5013
political affiliations or as to racial or ethnic origin of the	5014
applicant, except as necessary to gather equal employment	5015
opportunity or other statistics that, when compiled, will not	5016
identify any specific individual.	5017

Blank forms for applications shall be furnished by the	5018
director or the director's designee without charge to any person	5019
requesting the same. The director or the director's designee may	5020
require in connection with such application such certificate of	5021
persons having knowledge of the applicant as the good of the	5022
service demands. The director or the director's designee may	5023
refuse to appoint or examine an applicant, or, after an	5024
examination, refuse to certify the applicant as eligible, who is	5025
found to lack any of the established preliminary requirements for	5026
the examination, who is addicted to the habitual use of	5027
intoxicating liquors or drugs to excess, who has a pattern of poor	5028
work habits and performance with previous employers, who has been	5029
convicted of a felony, who has been guilty of infamous or	5030
notoriously disgraceful conduct, who has been dismissed from	5031
either branch of the civil service for delinquency or misconduct,	5032
or who has made false statements of any material fact, or	5033
practiced, or attempted to practice, any deception or fraud in the	5034
application or examination, in establishing eligibility, or	5035
securing an appointment.	5036

Sec. 124.26. From the returns of ~~the~~ examinations for	5037
positions in the service of the state, the director of	5038
administrative services or the director's designee shall prepare	5039
an eligible list of the persons whose general average standing	5040
upon examinations for the class or position is not less than the	5041
minimum fixed by the rules of the director, and who are otherwise	5042
eligible. Those persons shall take rank upon the eligible list as	5043
candidates in the order of their relative excellence as determined	5044
by the examination without reference to priority of the time of	5045
examination. If two or more applicants receive the same mark in an	5046
open competitive examination, priority in the time of filing the	5047
application with the director or the director's designee shall	5048
determine the order in which their names shall be placed on the	5049
eligible list, except that applicants eligible for veteran's	5050
preference under section 124.23 of the Revised Code shall receive	5051
priority in rank on the eligible list over nonveterans on the list	5052
with a rating equal to that of the veteran. Ties among veterans	5053
shall be decided by priority of filing the application.	5054

. An eligible list expires upon the filling or closing of the	5055
position. An expired eligible list may be used to fill a position	5056
of the same classification within the same appointing authority	5057
for which the list was created. But, in no event shall an expired	5058
list be used more than one year past its expiration date.	5059

Sec. 124.27. (A) Appointments to all positions in the	5060
classified civil service, that are not filled by promotion,	5061
transfer, or reduction, as provided in sections 124.01 to 124.64	5062
of the Revised Code and the rules of the director prescribed under	5063
those sections, shall be made only from those persons whose names	5064
take rank order on an eligible list, and no employment, except as	5065
provided in those sections, shall be otherwise given in the	5066
classified civil service ~~of this state or any political~~	5067
~~subdivision of the state~~. The appointing authority shall appoint	5068
in the following manner: each time a selection is made, it shall	5069
be from one of the names that ranks in the top ten names on the	5070
eligible list or the top twenty-five per cent of the eligible	5071
list, whichever is greater. ~~But, in~~In the event that ten or fewer	5072
names are on the eligible list, the appointing authority may	5073
select any of the listed candidates. Each person who qualifies for	5074
the veteran's preference under section 124.23 of the Revised Code,	5075
who is a resident of this state, and whose name is on the eligible	5076
list for a position is entitled to preference in original	5077
appointment to any such competitive position in the classified	5078
civil service of the state ~~and its civil divisions~~ over all other	5079
persons who are eligible for those appointments and who are	5080
standing on the relevant eligible list with a rating equal to that	5081
of the person qualifying for the veteran's preference.	5082

(B) All original and promotional appointments in the	5083
classified civil service, including appointments made pursuant to	5084
section 124.30 of the Revised Code, but not intermittent	5085
appointments, shall be for a probationary period, not less than	5086
sixty days nor more than one year, to be fixed by the rules of the	5087
director for appointments in the civil service of the state,	5088
except as provided in section 124.231 of the Revised Code, and	5089
except for original appointments to a police department as a	5090
police officer or to a fire department as a firefighter which	5091
shall be for a probationary period of one year. No appointment or	5092
promotion is final until the appointee has satisfactorily served	5093
the probationary period. If the service of the probationary	5094
employee is unsatisfactory, the employee may be removed or reduced	5095
at any time during the probationary period. If the appointing	5096
authority decides to remove a probationary employee in the service	5097
of the state, the appointing authority shall communicate the	5098
removal to the director. A probationary employee duly removed or	5099
reduced in position for unsatisfactory service does not have the	5100
right to appeal the removal or reduction under section 124.34 of	5101
the Revised Code.	5102

Sec. 124.30. (A) ~~Positions~~Classified positions in the	5103
~~classified~~civil service may be filled without competition as	5104
follows:	5105

(1) Whenever there are urgent reasons for filling a vacancy	5106
in any position in the classified civil service and the director	5107
of administrative services is unable to certify to the appointing	5108
authority, upon its request, a list of persons eligible for	5109
appointment to the position after a competitive examination, the	5110
appointing authority may fill the position by noncompetitive	5111
examination.	5112

A temporary appointment may be made without regard to the	5113
rules of sections 124.01 to 124.64 of the Revised Code. Except as	5114
otherwise provided in this division, the temporary appointment may	5115
not continue longer than one hundred twenty days, and in no case	5116
shall successive temporary appointments be made. A temporary	5117
appointment longer than one hundred twenty days may be made if	5118
necessary by reason of sickness, disability, or other approved	5119
leave of absence of regular officers or employees, in which case	5120
it may continue during the period of sickness, disability, or	5121
other approved leave of absence, subject to the rules of the	5122
director.	5123

(2) In case of a vacancy in a position in the classified	5124
civil service where peculiar and exceptional qualifications of a	5125
scientific, managerial, professional, or educational character are	5126
required, and upon satisfactory evidence that for specified	5127
reasons competition in this special case is impracticable and that	5128
the position can best be filled by a selection of some designated	5129
person of high and recognized attainments in those qualities, the	5130
director may suspend the provisions of sections 124.01 to 124.64	5131
of the Revised Code that require competition in this special case,	5132
but no suspension shall be general in its application. All such	5133
cases of suspension shall be reported in the annual report of the	5134
director with the reasons for each suspension. The director shall	5135
suspend the provisions when the director of job and family	5136
services provides the certification under section 5101.051 of the	5137
Revised Code that a position with the department of job and family	5138
services can best be filled if the provisions are suspended.	5139

(3) The acceptance or refusal by an eligible person of a	5140
temporary appointment shall not affect the person's standing on	5141
the eligible list for permanent appointment, nor shall the period	5142
of temporary service be counted as a part of the probationary	5143
service in case of subsequent appointment to a permanent position.	5144

(B) Persons who receive temporary or intermittent	5145
appointments are in the unclassified civil service and serve at	5146
the pleasure of their appointing authority.	5147

Sec. 124.31. Vacancies in positions in the classified civil	5148
service of the state shall be filled insofar as practicable by	5149
promotions. The director of administrative services shall provide	5150
in the director's rules for keeping a record of efficiency for	5151
each employee in the classified civil service of the state, and	5152
for making promotions in the classified civil service of the state	5153
on the basis of merit and by conduct and capacity in office.	5154

Sec. 125.082. (A) When purchasing equipment, materials, or	5155
supplies, the general assembly; the offices of all elected state	5156
officers; all departments, boards, offices, commissions, agencies,	5157
institutions, including, without limitation, state-supported	5158
institutions of higher education, and other instrumentalities of	5159
this state; the supreme court; all courts of appeals; and all	5160
courts of common pleas, may purchase recycled products in	5161
accordance with the guidelines adopted under division (B) of this	5162
section if the products are available and meet the performance	5163
specifications of the procuring entities. Purchases of recycled	5164
products shall comply with any rules adopted under division (C) of	5165
this section.	5166

(B) The director of administrative services shall adopt rules	5167
in accordance with Chapter 119. of the Revised Code establishing	5168
guidelines for the procurement of recycled products pursuant to	5169
division (A) of this section. To the extent practicable, the	5170
guidelines shall do all of the following:	5171

(1) Be consistent with and substantially equivalent to any	5172
relevant regulations adopted by the administrator of the United	5173
States environmental protection agency pursuant to the "Resource	5174
Conservation and Recovery Act of 1976," 90 Stat. 2806, 42 U.S.C.A.	5175
6921, as amended;	5176

(2) Establish the minimum percentage of recycled materials	5177
the various products shall contain in order to be considered	5178
"recycled" for the purposes of division (A) of this section;	5179

(3) So far as practicable and economically feasible,	5180
incorporate specifications for recycled-content materials to	5181
promote the use and purchase of recycled products by state	5182
agencies.	5183

(C) The director may adopt rules in accordance with Chapter	5184
119. of the Revised Code establishing a maximum percentage by	5185
which the cost of recycled products purchased under division (A)	5186
of this section may exceed the cost of comparable products made of	5187
virgin materials.	5188

(D) The department of administrative services and the	5189
~~department of natural resources~~environmental protection agency	5190
annually shall prepare and submit to the governor, president of	5191
the senate, and speaker of the house of representatives a report	5192
that describes, so far as practicable, the value and types of	5193
recycled products that are purchased with moneys disbursed from	5194
the state treasury by the general assembly; the offices of all	5195
elected state officers; and all departments, boards, offices,	5196
commissions, agencies, and institutions of this state.	5197

Sec. 125.14. (A) The director of administrative services	5198
shall allocate any proceeds from the transfer, sale, or lease of	5199
excess and surplus supplies in the following manner:	5200

(1) Except as otherwise provided in division (A)(2) of this	5201
section, the proceeds of such a transfer, sale, or lease shall be	5202
paid into the state treasury to the credit of the investment	5203
recovery fund, which is hereby created.	5204

(2) Except as otherwise provided in division (A)(2) of this	5205
section, when supplies originally were purchased with funds from	5206
nongeneral revenue fund sources, the director shall determine what	5207
fund or account originally was used to purchase the supplies, and	5208
the credit for the proceeds from any transfer, sale, or lease of	5209
those supplies shall be transferred to that fund or account. If	5210
the director cannot determine which fund or account originally was	5211
used to purchase the supplies, if the fund or account is no longer	5212
active, or if the proceeds from the transfer, sale, or lease of a	5213
unit of supplies are less than one hundred dollars or any larger	5214
amount the director may establish with the approval of the	5215
director of budget and management, then the proceeds from the	5216
transfer, sale, or lease of such supplies shall be paid into the	5217
state treasury to the credit of the investment recovery fund.	5218

(B) The investment recovery fund shall be used to pay for the	5219
operating expenses of the state surplus property program. Any	5220
amounts in excess of these operating expenses shall periodically	5221
be transferred to the general revenue fund of the state. If	5222
proceeds paid into the investment recovery fund are insufficient	5223
to pay for the program's operating expenses, a service fee may be	5224
charged to state agencies to eliminate the deficit.	5225

(C) Proceeds from the sale of recyclable goods and materials	5226
shall be paid into the state treasury to the credit of the	5227
recycled materials fund, which is hereby created, except that the	5228
director of ~~natural resources~~environmental protection, upon	5229
request, may grant an exemption from this requirement. The ~~chief~~	5230
~~of the division of recycling and litter prevention in the~~	5231
~~department of natural resources~~director shall administer the fund	5232
for the benefit of recycling programs in state agencies.	5233

Sec. 126.14. The release of any money appropriated for the	5234
purchase of real estate shall be approved by the controlling	5235
board. The release of money appropriated for all other capital	5236
projects is also subject to the approval of the controlling board,	5237
except that the director of budget and management may approve the	5238
release of money appropriated for specific projects in accordance	5239
with the requirements of this section and except that the director	5240
of budget and management may approve the release of unencumbered	5241
capital balances, for a project to repair, remove, or prevent a	5242
public exigency declared to exist by the director of	5243
administrative services under section ~~123.15~~123.10 of the Revised	5244
Code, or by the executive director of the Ohio facilities	5245
construction commission under section 123.23 of the Revised Code,	5246
in the amount designated in that declaration.	5247

Within sixty days after the effective date of any act	5248
appropriating money for capital projects, the director shall	5249
determine which appropriations are for general projects and which	5250
are for specific projects. Specific projects may include specific	5251
higher education projects that are to be funded from general	5252
purpose appropriations from the higher education improvement fund	5253
or the higher education improvement taxable fund created in	5254
section 154.21 of the Revised Code. Upon determining which	5255
projects are general and which are specific, the director shall	5256
submit to the controlling board a list that includes a brief	5257
description of and the estimated expenditures for each specific	5258
project. The release of money for any specific higher education	5259
projects that are to be funded from general purpose appropriations	5260
from the higher education improvement fund or the higher education	5261
improvement taxable fund but that are not included on the list,	5262
and the release of money for any specific higher education	5263
projects included on the list that will exceed the estimated	5264
expenditures by more than ten per cent, are subject to the	5265
approval of the controlling board.	5266

The director may create new appropriation items and make	5267
transfers of appropriations to them for specific higher education	5268
projects included on the list that are to be funded from general	5269
purpose appropriations for basic renovations that are made from	5270
the higher education improvement fund or the higher education	5271
improvement taxable fund.	5272

Sec. 127.163. At the time an agency submits a request to the	5273
controlling board to approve the making of a purchase, if the	5274
requested purchase is to be made from a supplier who is not	5275
headquartered in this state but has a presence in this state, the	5276
agency shall include in the request the following information:	5277

(A) The address or addresses of the supplier's places of	5278
business in this state;	5279

(B) The total number of employees the supplier employs in	5280
each of its places of business in this state;	5281

(C) The percentage of the requested purchase to be completed	5282
by employees of the supplier located in this state;	5283

(D) A list of any suppliers, subcontractors, or other	5284
entities the supplier intends to use to fulfill the requested	5285
purchase that includes all of the following:	5286

(1) The address or addresses of the places of business in	5287
this state of each potential supplier, subcontractor, or entity;	5288

(2) The number of employees that each potential supplier,	5289
subcontractor, or entity employs in each of its places of business	5290
in this state;	5291

(3) The percentage of the requested purchase to be completed	5292
by employees of the potential supplier, subcontractor, or entity	5293
located in this state.	5294

Sec. 127.164. (A) Prior to submitting a request to approve	5295
the making of a purchase to the controlling board, an agency shall	5296
contact any entity headquartered in this state that the agency	5297
approached related to the proposed purchase or to whom the agency	5298
sent a request for proposals but who did not respond to the	5299
request for proposals and ascertain why the entity did not	5300
respond.	5301

(B) At the time an agency submits a request to the	5302
controlling board to approve the making of a purchase, the agency	5303
shall submit to the board, as part of the request, the information	5304
that the agency collected under division (A) of this section.	5305

Sec. 135.35. (A) The investing authority shall deposit or	5306
invest any part or all of the county's inactive moneys and shall	5307
invest all of the money in the county public library fund when	5308
required by section 135.352 of the Revised Code. The following	5309
classifications of securities and obligations are eligible for	5310
such deposit or investment:	5311

(1) United States treasury bills, notes, bonds, or any other	5312
obligation or security issued by the United States treasury, any	5313
other obligation guaranteed as to principal or interest by the	5314
United States, or any book entry, zero-coupon United States	5315
treasury security that is a direct obligation of the United	5316
States.	5317

Nothing in the classification of eligible securities and	5318
obligations set forth in divisions (A)(2) to (11) or (A)(13) of	5319
this section shall be construed to authorize any investment in	5320
stripped principal or interest obligations of such eligible	5321
securities and obligations.	5322

(2) Bonds, notes, debentures, or any other obligations or	5323
securities issued by any federal government agency or	5324
instrumentality, including, but not limited to, the federal	5325
national mortgage association, federal home loan bank, federal	5326
farm credit bank, federal home loan mortgage corporation,	5327
government national mortgage association, and student loan	5328
marketing association. All federal agency securities shall be	5329
direct issuances of federal government agencies or	5330
instrumentalities.	5331

(3) Time certificates of deposit or savings or deposit	5332
accounts, including, but not limited to, passbook accounts, in any	5333
eligible institution mentioned in section 135.32 of the Revised	5334
Code;	5335

(4) Bonds and other obligations of this state ~~or the~~	5336
~~political subdivisions of this state~~;	5337

(5) No-load money market mutual funds consisting exclusively	5338
of obligations described in division (A)(1) or (2) of this section	5339
and repurchase agreements secured by such obligations, provided	5340
that investments in securities described in this division are made	5341
only through eligible institutions mentioned in section 135.32 of	5342
the Revised Code;	5343

(6) The Ohio subdivision's fund as provided in section 135.45	5344
of the Revised Code;	5345

(7) Securities lending agreements with any eligible	5346
institution mentioned in section 135.32 of the Revised Code that	5347
is a member of the federal reserve system or federal home loan	5348
bank or with any recognized United States government securities	5349
dealer meeting the description in division (J)(1) of this section,	5350
under the terms of which agreements the investing authority lends	5351
securities and the eligible institution or dealer agrees to	5352
simultaneously exchange similar securities or cash, equal value	5353
for equal value.	5354

Securities and cash received as collateral for a securities	5355
lending agreement are not inactive moneys of the county or moneys	5356
of a county public library fund. The investment of cash collateral	5357
received pursuant to a securities lending agreement may be	5358
invested only in instruments specified by the investing authority	5359
in the written investment policy described in division (K) of this	5360
section.	5361

(8) Up to twenty-five per cent of the county's total average	5362
portfolio in either of the following investments:	5363

(a) Commercial paper notes issued by an entity that is	5364
defined in division (D) of section 1705.01 of the Revised Code and	5365
that has assets exceeding five hundred million dollars, to which	5366
notes all of the following apply:	5367

(i) The notes are rated at the time of purchase in the	5368
highest classification established by at least two nationally	5369
recognized standard rating services.	5370

(ii) The aggregate value of the notes does not exceed ten per	5371
cent of the aggregate value of the outstanding commercial paper of	5372
the issuing corporation.	5373

(iii) The notes mature not later than two hundred seventy	5374
days after purchase.	5375

(b) Bankers acceptances of banks that are insured by the	5376
federal deposit insurance corporation and to which both of the	5377
following apply:	5378

(i) The obligations are eligible for purchase by the federal	5379
reserve system.	5380

(ii) The obligations mature not later than one hundred eighty	5381
days after purchase.	5382

No investment shall be made pursuant to division (A)(8) of	5383
this section unless the investing authority has completed	5384
additional training for making the investments authorized by	5385
division (A)(8) of this section. The type and amount of additional	5386
training shall be approved by the auditor of state and may be	5387
conducted by or provided under the supervision of the auditor of	5388
state.	5389

(9) Up to fifteen per cent of the county's total average	5390
portfolio in notes issued by corporations that are incorporated	5391
under the laws of the United States and that are operating within	5392
the United States, or by depository institutions that are doing	5393
business under authority granted by the United States or any state	5394
and that are operating within the United States, provided both of	5395
the following apply:	5396

(a) The notes are rated in the second highest or higher	5397
category by at least two nationally recognized standard rating	5398
services at the time of purchase.	5399

(b) The notes mature not later than two years after purchase.

5400

(10) No-load money market mutual funds rated in the highest	5401
category at the time of purchase by at least one nationally	5402
recognized standard rating service and consisting exclusively of	5403
obligations described in division (A)(1), (2), or (6) of section	5404
135.143 of the Revised Code;	5405

(11) Debt interests rated at the time of purchase in the	5406
three highest categories by two nationally recognized standard	5407
rating services and issued by foreign nations diplomatically	5408
recognized by the United States government. All interest and	5409
principal shall be denominated and payable in United States funds.	5410
The investments made under division (A)(11) of this section shall	5411
not exceed in the aggregate one per cent of a county's total	5412
average portfolio.	5413

The investing authority shall invest under division (A)(11)	5414
of this section in a debt interest issued by a foreign nation only	5415
if the debt interest is backed by the full faith and credit of	5416
that foreign nation, there is no prior history of default, and the	5417
debt interest matures not later than five years after purchase.	5418
For purposes of division (A)(11) of this section, a debt interest	5419
is rated in the three highest categories by two nationally	5420
recognized standard rating services if either the debt interest	5421
itself or the issuer of the debt interest is rated, or is	5422
implicitly rated, at the time of purchase in the three highest	5423
categories by two nationally recognized standard rating services.	5424

(12) A current unpaid or delinquent tax line of credit	5425
authorized under division (G) of section 135.341 of the Revised	5426
Code, provided that all of the conditions for entering into such a	5427
line of credit under that division are satisfied, or bonds and	5428
other obligations of a county land reutilization corporation	5429
organized under Chapter 1724. of the Revised Code, if the county	5430
land reutilization corporation is located wholly or partly within	5431
the same county as the investing authority;	5432

(13) Either or both of the following, provided the	5433
investments are specifically approved by the investment advisory	5434
committee and the aggregate amount invested pursuant to division	5435
(A)(13) of this section does not exceed fifteen per cent of the	5436
county's total average portfolio:	5437

(a) Bonds or other obligations of the political subdivisions	5438
of this state, regardless of their date of maturity;	5439

(b) Securities or obligations otherwise eligible for	5440
investment under this section that mature on a date that is more	5441
than five years but not more than ten years from the date of	5442
settlement.	5443

(B) Nothing in the classifications of eligible obligations	5444
and securities set forth in divisions (A)(1) to (11) or (A)(13) of	5445
this section shall be construed to authorize investment in a	5446
derivative, and no investing authority shall invest any county	5447
inactive moneys or any moneys in a county public library fund in a	5448
derivative. For purposes of this division, "derivative" means a	5449
financial instrument or contract or obligation whose value or	5450
return is based upon or linked to another asset or index, or both,	5451
separate from the financial instrument, contract, or obligation	5452
itself. Any security, obligation, trust account, or other	5453
instrument that is created from an issue of the United States	5454
treasury or is created from an obligation of a federal agency or	5455
instrumentality or is created from both is considered a derivative	5456
instrument. An eligible investment described in this section with	5457
a variable interest rate payment, based upon a single interest	5458
payment or single index comprised of other eligible investments	5459
provided for in division (A)(1) or (2) of this section, is not a	5460
derivative, provided that such variable rate investment has a	5461
maximum maturity of two years. A treasury inflation-protected	5462
security shall not be considered a derivative, provided the	5463
security matures not later than five years after purchase.	5464

(C) Except for the investments described in division (A)(13)	5465
of this section or as provided in ~~divisions~~division (D) ~~and (O)~~	5466
of this section, any investment made pursuant to this section must	5467
mature within ~~ten~~five years from the date of settlement~~, unless~~	5468
~~the investment is matched to a specific obligation or debt of the~~	5469
~~county or to a specific obligation or debt of a political~~	5470
~~subdivision of this state, and the investment is specifically~~	5471
~~approved by the investment advisory committee~~.	5472

(D) The investing authority may also enter into a written	5473
repurchase agreement with any eligible institution mentioned in	5474
section 135.32 of the Revised Code or any eligible securities	5475
dealer pursuant to division (J) of this section, under the terms	5476
of which agreement the investing authority purchases and the	5477
eligible institution or dealer agrees unconditionally to	5478
repurchase any of the securities listed in divisions (B)(1) to	5479
(5), except letters of credit described in division (B)(2), of	5480
section 135.18 of the Revised Code. The market value of securities	5481
subject to an overnight written repurchase agreement must exceed	5482
the principal value of the overnight written repurchase agreement	5483
by at least two per cent. A written repurchase agreement must	5484
exceed the principal value of the overnight written repurchase	5485
agreement, by at least two per cent. A written repurchase	5486
agreement shall not exceed thirty days, and the market value of	5487
securities subject to a written repurchase agreement must exceed	5488
the principal value of the written repurchase agreement by at	5489
least two per cent and be marked to market daily. All securities	5490
purchased pursuant to this division shall be delivered into the	5491
custody of the investing authority or the qualified custodian of	5492
the investing authority or an agent designated by the investing	5493
authority. A written repurchase agreement with an eligible	5494
securities dealer shall be transacted on a delivery versus payment	5495
basis. The agreement shall contain the requirement that for each	5496
transaction pursuant to the agreement the participating	5497
institution shall provide all of the following information:	5498

(1) The par value of the securities;

5499

(2) The type, rate, and maturity date of the securities;

5500

(3) A numerical identifier generally accepted in the	5501
securities industry that designates the securities.	5502

No investing authority shall enter into a written repurchase	5503
agreement under the terms of which the investing authority agrees	5504
to sell securities owned by the county to a purchaser and agrees	5505
with that purchaser to unconditionally repurchase those	5506
securities.	5507

(E) No investing authority shall make an investment under	5508
this section, unless the investing authority, at the time of	5509
making the investment, reasonably expects that the investment can	5510
be held until its maturity. The investing authority's written	5511
investment policy shall specify the conditions under which an	5512
investment may be redeemed or sold prior to maturity.	5513

(F) No investing authority shall pay a county's inactive	5514
moneys or moneys of a county public library fund into a fund	5515
established by another subdivision, treasurer, governing board, or	5516
investing authority, if that fund was established by the	5517
subdivision, treasurer, governing board, or investing authority	5518
for the purpose of investing or depositing the public moneys of	5519
other subdivisions. This division does not apply to the payment of	5520
public moneys into either of the following:	5521

(1) The Ohio subdivision's fund pursuant to division (A)(6)	5522
of this section;	5523

(2) A fund created solely for the purpose of acquiring,	5524
constructing, owning, leasing, or operating municipal utilities	5525
pursuant to the authority provided under section 715.02 of the	5526
Revised Code or Section 4 of Article XVIII, Ohio Constitution.	5527

For purposes of division (F) of this section, "subdivision"	5528
includes a county.	5529

(G) The use of leverage, in which the county uses its current	5530
investment assets as collateral for the purpose of purchasing	5531
other assets, is prohibited. The issuance of taxable notes for the	5532
purpose of arbitrage is prohibited. Contracting to sell securities	5533
not owned by the county, for the purpose of purchasing such	5534
securities on the speculation that bond prices will decline, is	5535
prohibited.	5536

(H) Any securities, certificates of deposit, deposit	5537
accounts, or any other documents evidencing deposits or	5538
investments made under authority of this section shall be issued	5539
in the name of the county with the county treasurer or investing	5540
authority as the designated payee. If any such deposits or	5541
investments are registrable either as to principal or interest, or	5542
both, they shall be registered in the name of the treasurer.	5543

(I) The investing authority shall be responsible for the	5544
safekeeping of all documents evidencing a deposit or investment	5545
acquired under this section, including, but not limited to,	5546
safekeeping receipts evidencing securities deposited with a	5547
qualified trustee, as provided in section 135.37 of the Revised	5548
Code, and documents confirming the purchase of securities under	5549
any repurchase agreement under this section shall be deposited	5550
with a qualified trustee, provided, however, that the qualified	5551
trustee shall be required to report to the investing authority,	5552
auditor of state, or an authorized outside auditor at any time	5553
upon request as to the identity, market value, and location of the	5554
document evidencing each security, and that if the participating	5555
institution is a designated depository of the county for the	5556
current period of designation, the securities that are the subject	5557
of the repurchase agreement may be delivered to the treasurer or	5558
held in trust by the participating institution on behalf of the	5559
investing authority.	5560

Upon the expiration of the term of office of an investing	5561
authority or in the event of a vacancy in the office for any	5562
reason, the officer or the officer's legal representative shall	5563
transfer and deliver to the officer's successor all documents	5564
mentioned in this division for which the officer has been	5565
responsible for safekeeping. For all such documents transferred	5566
and delivered, the officer shall be credited with, and the	5567
officer's successor shall be charged with, the amount of moneys	5568
evidenced by such documents.	5569

(J)(1) All investments, except for investments in securities	5570
described in divisions (A)(5), (6), ~~and~~ (12), and (13) of this	5571
section, shall be made only through a member of the national	5572
association of securities dealers, through a bank, savings bank,	5573
or savings and loan association regulated by the superintendent of	5574
financial institutions, or through an institution regulated by the	5575
comptroller of the currency, federal deposit insurance	5576
corporation, or board of governors of the federal reserve system.	5577

(2) Payment for investments shall be made only upon the	5578
delivery of securities representing such investments to the	5579
treasurer, investing authority, or qualified trustee. If the	5580
securities transferred are not represented by a certificate,	5581
payment shall be made only upon receipt of confirmation of	5582
transfer from the custodian by the treasurer, governing board, or	5583
qualified trustee.	5584

(K)(1) Except as otherwise provided in division (K)(2) of	5585
this section, no investing authority shall make an investment or	5586
deposit under this section, unless there is on file with the	5587
auditor of state a written investment policy approved by the	5588
investing authority. The policy shall require that all entities	5589
conducting investment business with the investing authority shall	5590
sign the investment policy of that investing authority. All	5591
brokers, dealers, and financial institutions, described in	5592
division (J)(1) of this section, initiating transactions with the	5593
investing authority by giving advice or making investment	5594
recommendations shall sign the investing authority's investment	5595
policy thereby acknowledging their agreement to abide by the	5596
policy's contents. All brokers, dealers, and financial	5597
institutions, described in division (J)(1) of this section,	5598
executing transactions initiated by the investing authority,	5599
having read the policy's contents, shall sign the investment	5600
policy thereby acknowledging their comprehension and receipt.	5601

(2) If a written investment policy described in division	5602
(K)(1) of this section is not filed on behalf of the county with	5603
the auditor of state, the investing authority of that county shall	5604
invest the county's inactive moneys and moneys of the county	5605
public library fund only in time certificates of deposits or	5606
savings or deposit accounts pursuant to division (A)(3) of this	5607
section, no-load money market mutual funds pursuant to division	5608
(A)(5) of this section, or the Ohio subdivision's fund pursuant to	5609
division (A)(6) of this section.	5610

(L)(1) The investing authority shall establish and maintain	5611
an inventory of all obligations and securities acquired by the	5612
investing authority pursuant to this section. The inventory shall	5613
include a description of each obligation or security, including	5614
type, cost, par value, maturity date, settlement date, and any	5615
coupon rate.	5616

(2) The investing authority shall also keep a complete record	5617
of all purchases and sales of the obligations and securities made	5618
pursuant to this section.	5619

(3) The investing authority shall maintain a monthly	5620
portfolio report and issue a copy of the monthly portfolio report	5621
describing such investments to the county investment advisory	5622
committee, detailing the current inventory of all obligations and	5623
securities, all transactions during the month that affected the	5624
inventory, any income received from the obligations and	5625
securities, and any investment expenses paid, and stating the	5626
names of any persons effecting transactions on behalf of the	5627
investing authority.	5628

(4) The monthly portfolio report shall be a public record and	5629
available for inspection under section 149.43 of the Revised Code.	5630

(5) The inventory and the monthly portfolio report shall be	5631
filed with the board of county commissioners. The monthly	5632
portfolio report also shall be filed with the treasurer of state.	5633

(M) An investing authority may enter into a written	5634
investment or deposit agreement that includes a provision under	5635
which the parties agree to submit to nonbinding arbitration to	5636
settle any controversy that may arise out of the agreement,	5637
including any controversy pertaining to losses of public moneys	5638
resulting from investment or deposit. The arbitration provision	5639
shall be set forth entirely in the agreement, and the agreement	5640
shall include a conspicuous notice to the parties that any party	5641
to the arbitration may apply to the court of common pleas of the	5642
county in which the arbitration was held for an order to vacate,	5643
modify, or correct the award. Any such party may also apply to the	5644
court for an order to change venue to a court of common pleas	5645
located more than one hundred miles from the county in which the	5646
investing authority is located.	5647

For purposes of this division, "investment or deposit	5648
agreement" means any agreement between an investing authority and	5649
a person, under which agreement the person agrees to invest,	5650
deposit, or otherwise manage, on behalf of the investing	5651
authority, a county's inactive moneys or moneys in a county public	5652
library fund, or agrees to provide investment advice to the	5653
investing authority.	5654

(N) An investment held in the county portfolio on September	5655
27, 1996, that was a legal investment under the law as it existed	5656
before September 27, 1996, may be held until maturity, or if the	5657
investment does not have a maturity date the investment may be	5658
held until five years from September 27, 1996, regardless of	5659
whether the investment would qualify as a legal investment under	5660
the terms of this section as amended.	5661

~~(O) Upon a majority affirmative vote of the county investment~~	5662
~~advisory committee in support of such action, an investment~~	5663
~~authority may invest up to twenty-five per cent of the county's~~	5664
~~total average portfolio of investments made under this section in~~	5665
~~securities and obligations that mature on a date that is more than~~	5666
~~ten years from the date of settlement.~~	5667

Sec. 140.01. As used in this chapter:

5668

(A) "Hospital agency" means any public hospital agency or any	5669
nonprofit hospital agency.	5670

(B) "Public hospital agency" means any county, board of	5671
county hospital trustees established pursuant to section 339.02 of	5672
the Revised Code, county hospital commission established pursuant	5673
to section 339.14 of the Revised Code, municipal corporation, new	5674
community authority organized under Chapter 349. of the Revised	5675
Code, joint township hospital district, state or municipal	5676
university or college operating or authorized to operate a	5677
hospital facility, or the state.	5678

(C) "Nonprofit hospital agency" means a corporation or	5679
association not for profit, no part of the net earnings of which	5680
inures or may lawfully inure to the benefit of any private	5681
shareholder or individual, that has authority to own or operate a	5682
hospital facility or provides or is to provide services to one or	5683
more other hospital agencies.	5684

(D) "Governing body" means, in the case of a county, the	5685
board of county commissioners or other legislative body; in the	5686
case of a board of county hospital trustees, the board; in the	5687
case of a county hospital commission, the commission; in the case	5688
of a municipal corporation, the council or other legislative	5689
authority; in the case of a new community authority, its board of	5690
trustees; in the case of a joint township hospital district, the	5691
joint township district hospital board; in the case of a state or	5692
municipal university or college, its board of trustees or board of	5693
directors; in the case of a nonprofit hospital agency, the board	5694
of trustees or other body having general management of the agency;	5695
and, in the case of the state, the director of development or the	5696
Ohio higher educational facility commission.	5697

(E) "Hospital facilities" means buildings, structures and	5698
other improvements, additions thereto and extensions thereof,	5699
furnishings, equipment, and real estate and interests in real	5700
estate, used or to be used for or in connection with one or more	5701
hospitals, emergency, intensive, intermediate, extended,	5702
long-term, or self-care facilities, diagnostic and treatment and	5703
out-patient facilities, facilities related to programs for home	5704
health services, clinics, laboratories, public health centers,	5705
research facilities, and rehabilitation facilities, for or	5706
pertaining to diagnosis, treatment, care, or rehabilitation of	5707
sick, ill, injured, infirm, impaired, disabled, or handicapped	5708
persons, or the prevention, detection, and control of disease, and	5709
also includes education, training, and food service facilities for	5710
health professions personnel, housing facilities for such	5711
personnel and their families, and parking and service facilities	5712
in connection with any of the foregoing; and includes any one,	5713
part of, or any combination of the foregoing; and further includes	5714
site improvements, utilities, machinery, facilities, furnishings,	5715
and any separate or connected buildings, structures, improvements,	5716
sites, utilities, facilities, or equipment to be used in, or in	5717
connection with the operation or maintenance of, or supplementing	5718
or otherwise related to the services or facilities to be provided	5719
by, any one or more of such hospital facilities.	5720

(F) "Costs of hospital facilities" means the costs of	5721
acquiring hospital facilities or interests in hospital facilities,	5722
including membership interests in nonprofit hospital agencies,	5723
costs of constructing hospital facilities, costs of improving one	5724
or more hospital facilities, including reconstructing,	5725
rehabilitating, remodeling, renovating, and enlarging, costs of	5726
equipping and furnishing such facilities, and all financing costs	5727
pertaining thereto, including, without limitation thereto, costs	5728
of engineering, architectural, and other professional services,	5729
designs, plans, specifications and surveys, and estimates of cost,	5730
costs of tests and inspections, the costs of any indemnity or	5731
surety bonds and premiums on insurance, all related direct or	5732
allocable administrative expenses pertaining thereto, fees and	5733
expenses of trustees, depositories, and paying agents for the	5734
obligations, cost of issuance of the obligations and financing	5735
charges and fees and expenses of financial advisors, attorneys,	5736
accountants, consultants and rating services in connection	5737
therewith, capitalized interest on the obligations, amounts	5738
necessary to establish reserves as required by the bond	5739
proceedings, the reimbursement of all moneys advanced or applied	5740
by the hospital agency or others or borrowed from others for the	5741
payment of any item or items of costs of such facilities, and all	5742
other expenses necessary or incident to planning or determining	5743
feasibility or practicability with respect to such facilities, and	5744
such other expenses as may be necessary or incident to the	5745
acquisition, construction, reconstruction, rehabilitation,	5746
remodeling, renovation, enlargement, improvement, equipment, and	5747
furnishing of such facilities, the financing thereof, and the	5748
placing of the same in use and operation, including any one, part	5749
of, or combination of such classes of costs and expenses, and	5750
means the costs of refinancing obligations issued by, or	5751
reimbursement of money advanced by, nonprofit hospital agencies or	5752
others the proceeds of which were used for the payment of costs of	5753
hospital facilities, if the governing body of the public hospital	5754
agency determines that the refinancing or reimbursement advances	5755
the purposes of this chapter, whether or not the refinancing or	5756
reimbursement is in conjunction with the acquisition or	5757
construction of additional hospital facilities.	5758

(G) "Hospital receipts" means all moneys received by or on	5759
behalf of a hospital agency from or in connection with the	5760
ownership, operation, acquisition, construction, improvement,	5761
equipping, or financing of any hospital facilities, including,	5762
without limitation thereto, any rentals and other moneys received	5763
from the lease, sale, or other disposition of hospital facilities,	5764
and any gifts, grants, interest subsidies, or other moneys	5765
received under any federal program for assistance in financing the	5766
costs of hospital facilities, and any other gifts, grants, and	5767
donations, and receipts therefrom, available for financing the	5768
costs of hospital facilities.	5769

(H) "Obligations" means bonds, notes, or other evidences of	5770
indebtedness or obligation, including interest coupons pertaining	5771
thereto, issued or issuable by a public hospital agency to pay	5772
costs of hospital facilities.	5773

(I) "Bond service charges" means principal, interest, and	5774
call premium, if any, required to be paid on obligations.	5775

(J) "Bond proceedings" means one or more ordinances,	5776
resolutions, trust agreements, indentures, and other agreements or	5777
documents, and amendments and supplements to the foregoing, or any	5778
combination thereof, authorizing or providing for the terms,	5779
including any variable interest rates, and conditions applicable	5780
to, or providing for the security of, obligations and the	5781
provisions contained in such obligations.	5782

(K) "Nursing home" has the same meaning as in division (A)(1)	5783
of section 5701.13 of the Revised Code.	5784

(L) "Residential care facility" has the same meaning as in	5785
division (A)(2) of section 5701.13 of the Revised Code.	5786

(M) ~~"Adult care facility" has the same meaning as in division~~	5787
~~(A)(3) of section 5701.13 of the Revised Code.~~	5788

~~(N)~~ "Independent living facility" means any self-care	5789
facility or other housing facility designed or used as a residence	5790
for elderly persons. An "independent living facility" does not	5791
include a residential facility, or that part of a residential	5792
facility, that is any of the following:	5793

(1) A hospital required to be certified by section 3727.02 of	5794
the Revised Code;	5795

(2) A nursing home or residential care facility;

5796

(3) ~~An adult care facility;~~

5797

~~(4)~~ A facility operated by a hospice care program licensed	5798
under section 3712.04 of the Revised Code and used for the	5799
program's hospice patients;	5800

(4) A residential facility licensed by the department of	5801
mental health under section 5119.22 of the Revised Code that	5802
provides accommodations, supervision, and personal care services	5803
for three to sixteen unrelated adults;	5804

(5) A residential facility ~~for the mentally ill~~ licensed by	5805
the department of mental health under section 5119.22 of the	5806
Revised Code that is not a residential facility described in	5807
division (M)(4) of this section;	5808

(6) A facility licensed to provide methadone treatment under	5809
section 3793.11 of the Revised Code;	5810

(7) A facility certified as an alcohol and drug addiction	5811
program under section 3793.06 of the Revised Code;	5812

(8) A residential facility licensed under section 5123.19 of	5813
the Revised Code or a facility providing services under a contract	5814
with the department of developmental disabilities under section	5815
5123.18 of the Revised Code;	5816

(9) A residential facility used as part of a hospital to	5817
provide housing for staff of the hospital or students pursuing a	5818
course of study at the hospital.	5819

Sec. 140.03. (A) Two or more hospital agencies may enter	5820
into agreements for the acquisition, construction, reconstruction,	5821
rehabilitation, remodeling, renovating, enlarging, equipping, and	5822
furnishing of hospital facilities, or the management, operation,	5823
occupancy, use, maintenance, and repair of hospital facilities, or	5824
for participation in programs, projects, activities, and services	5825
useful to, connected with, supplementing, or otherwise related to	5826
the services provided by, or the operation of, hospital facilities	5827
operated by one or more participating hospital agencies, including	5828
any combination of such purposes, all in such manner as to promote	5829
the public purpose stated in section 140.02 of the Revised Code. A	5830
city health district; general health district; board of alcohol,	5831
drug addiction, and mental health services; county board of	5832
developmental disabilities; the department of mental health; the	5833
department of developmental disabilities; or any public body	5834
engaged in the education or training of health professions	5835
personnel may join in any such agreement for purposes related to	5836
its authority under laws applicable to it, and as such a	5837
participant shall be considered a public hospital agency or	5838
hospital agency for the purposes of this section.	5839

(B) An agreement entered into under authority of this section	5840
shall, where appropriate, provide for:	5841

(1) The manner in which the title to the hospital facilities,	5842
including the sites and interest in real estate pertaining	5843
thereto, is to be held, transferred, or disposed of;	5844

(2) Unless provided for by lease pursuant to section 140.05	5845
of the Revised Code, the method by which such hospital facilities	5846
are to be acquired, constructed, or otherwise improved and by	5847
which they shall be managed, occupied, maintained, and repaired,	5848
including the designation of one of the hospital agencies to have	5849
charge of the details of acquisition, construction, or improvement	5850
pursuant to the contracting procedures prescribed under the law	5851
applicable to one of the participating public hospital agencies;	5852

(3) The management or administration of any such programs,	5853
projects, activities, or services, which may include management or	5854
administration by one of said hospital agencies or a board or	5855
agency thereof;	5856

(4) Annual, or more frequent, reports to the participating	5857
hospital agencies as to the revenues and receipts pertaining to	5858
the subject of the agreement, the expenditures thereof, the status	5859
and application of other funds contributed under such agreement,	5860
and such other matters as may be specified by or pursuant to such	5861
agreement;	5862

(5) The manner of apportionment or sharing of costs of	5863
hospital facilities, any other applicable costs of management,	5864
operation, maintenance, and repair of hospital facilities, and	5865
costs for the programs, projects, activities, and services forming	5866
the subject of the agreement, which apportionment or sharing may	5867
be prescribed in fixed amounts, or determined by ratios, formulas,	5868
or otherwise, and paid as service charges, rentals, or in such	5869
other manner as provided in the agreement, and may include amounts	5870
sufficient to meet the bond service charges and other payments and	5871
deposits required under the bond proceedings for obligations	5872
issued to pay costs of hospital facilities. A hospital agency may	5873
commit itself to make such payments at least for so long as any	5874
such obligations are outstanding. In the apportionment, different	5875
classes of costs or expenses may be apportioned to one or more,	5876
all or less than all, of the participating hospital agencies as	5877
determined under such agreement.	5878

(C) An agreement entered into under authority of this section	5879
may provide for:	5880

(1) An orderly process for making determinations or advising	5881
as to planning, execution, implementation, and operation, which	5882
may include designating one of the hospital agencies, or a board	5883
thereof, for any of such purposes, provisions for a committee,	5884
board, or commission, and for representation thereon, or as may	5885
otherwise be provided;	5886

(2) Securing necessary personnel, including participation of	5887
personnel from the respective hospital agencies;	5888

(3) Standards or conditions for the admission or	5889
participation of patients and physicians;	5890

(4) Conditions for admittance of other hospital agencies to	5891
participation under the agreement;	5892

(5) Fixing or establishing the method of determining charges	5893
to be made for particular services;	5894

(6) The manner of amending, supplementing, terminating, or	5895
withdrawal or removal of any party from, the agreement, and the	5896
term of the agreement, or an indefinite term;	5897

(7) Designation of the applicants for or recipients of any	5898
federal, state, or other aid, assistance, or loans available by	5899
reason of any activities conducted under the agreement;	5900

(8) Designation of one or more of the participating hospital	5901
agencies to maintain, prepare, and submit, on behalf of all	5902
parties to the agreement, any or all records and reports with	5903
regard to the activities conducted under the agreement;	5904

(9) Any incidental use of the hospital facilities, or	5905
services thereof, by participating public hospital agencies for	5906
any of their lawful purposes, which incidental use does not impair	5907
the character of the facilities as hospital facilities for any	5908
purpose of this chapter;	5909

(10) Such other matters as the parties thereto may agree upon	5910
for the purposes of division (A) of this section.	5911

(D) For the purpose of paying or contributing its share under	5912
an agreement made under this section, a public hospital agency	5913
may:	5914

(1) Expend any moneys from its general fund, and from any	5915
other funds not otherwise restricted by law, but including funds	5916
for permanent improvements of hospital facilities of such public	5917
hospital agency where the contribution is to be made toward the	5918
costs of hospital facilities under the agreement, and including	5919
funds derived from levies for, or receipts available for,	5920
operating expenses of hospital facilities or services of such	5921
public hospital agency where the contribution or payment is to be	5922
made toward operating expenses of the hospital facilities or	5923
services under the agreement or for the services provided thereby;	5924

(2) Issue obligations under Chapter 133. or section 140.06,	5925
339.14, 339.15, 513.12, or 3345.12 of the Revised Code, or Section	5926
3 of Article XVIII, Ohio Constitution, if applicable to such	5927
public hospital agency, to pay costs of hospital facilities, or	5928
issue obligations under any other provision of law authorizing	5929
such public hospital agency to issue obligations for any costs of	5930
hospital facilities;	5931

(3) Levy taxes under Chapter 5705. or section 513.13 or	5932
3709.29 of the Revised Code, if applicable to such public hospital	5933
agency, provided that the purpose of such levy may include the	5934
provision of funds for either or both permanent improvements and	5935
current expenses if required for the contribution or payment of	5936
such hospital agency under such agreement, and each such public	5937
hospital agency may issue notes in anticipation of any such levy,	5938
pursuant to the procedures provided in section 5705.191 of the	5939
Revised Code if the levy is solely for current expenses, and in	5940
section 5705.193 of the Revised Code if the levy is all or in part	5941
for permanent improvements;	5942

(4) Contribute real and personal property or interest therein	5943
without necessity for competitive bidding or public auction on	5944
disposition of such property.	5945

(E) Any funds provided by public hospital agencies that are	5946
parties to an agreement entered into under this section shall be	5947
transferred to and placed in a separate fund or funds of such	5948
participating public hospital agency as is designated under the	5949
agreement. The funds shall be applied for the purposes provided in	5950
such agreement and are subject to audit. Pursuant to any	5951
determinations to be made under such agreement, the funds shall be	5952
deposited, invested, and disbursed under the provisions of law	5953
applicable to the public hospital agency in whose custody the	5954
funds are held. This division is subject to the provisions of any	5955
applicable bond proceedings under section 133.08, 140.06, 339.15,	5956
or 3345.12 of the Revised Code or Section 3 of Article XVIII, Ohio	5957
Constitution. The records and reports of such public hospital	5958
agency under Chapter 117. of the Revised Code and sections 3702.51	5959
to 3702.62 of the Revised Code, with respect to the funds shall be	5960
sufficient without necessity for reports thereon by the other	5961
public hospital agencies participating under such agreement.	5962

(F)(1) Prior to its entry into any such agreement, the public	5963
hospital agency must determine, and set forth in a resolution or	5964
ordinance, that the contribution to be made by it under such	5965
agreement will be fair consideration for value and benefit to be	5966
derived by it under such agreement and that the agreement will	5967
promote the public purpose stated in section 140.02 of the Revised	5968
Code.	5969

(2) If the agreement is with a board of county commissioners,	5970
board of county hospital trustees, or county hospital commission	5971
and is an initial agreement for the acquisition or operation of a	5972
county hospital operated by a board of county hospital trustees	5973
under section 339.06 of the Revised Code, the governing body of	5974
the public hospital agency shall submit the agreement, accompanied	5975
by the resolution or ordinance, to the board of county	5976
commissioners for review pursuant to section 339.091 of the	5977
Revised Code. The agreement may be entered into only if the board	5978
of county commissioners adopts a resolution under that section.	5979
The requirements of division (F)(2) of this section do not apply	5980
to the agreement if one or more hospitals classified as general	5981
hospitals by the ~~public~~director of health ~~council~~ under section	5982
3701.07 of the Revised Code are operating in the same county as	5983
the county hospital.	5984

Sec. 140.05. (A)(1) A public hospital agency may lease any	5985
hospital facility to one or more hospital agencies for use as a	5986
hospital facility, or to one or more city or general health	5987
districts; boards of alcohol, drug addiction, and mental health	5988
services; county boards of developmental disabilities; the	5989
department of mental health; or the department of developmental	5990
disabilities, for uses which they are authorized to make thereof	5991
under the laws applicable to them, or any combination of them, and	5992
they may lease such facilities to or from a hospital agency for	5993
such uses, upon such terms and conditions as are agreed upon by	5994
the parties. Such lease may be for a term of fifty years or less	5995
and may provide for an option of the lessee to renew for a term of	5996
fifty years or less, as therein set forth. Prior to entering into	5997
such lease, the governing body of any public hospital agency	5998
granting such lease must determine, and set forth in a resolution	5999
or ordinance, that such lease will promote the public purpose	6000
stated in section 140.02 of the Revised Code and that the lessor	6001
public hospital agency will be duly benefited thereby.	6002

(2) If the lease is with a board of county commissioners,	6003
board of county hospital trustees, or county hospital commission	6004
and is an agreement for the initial lease of a county hospital	6005
operated by a board of county hospital trustees under section	6006
339.06 of the Revised Code, the governing body of the public	6007
hospital agency shall submit the agreement, accompanied by the	6008
resolution or ordinance, to the board of county commissioners for	6009
review pursuant to section 339.091 of the Revised Code. The	6010
agreement may be entered into only if the board of county	6011
commissioners adopts a resolution under that section. The	6012
requirements of division (A)(2) of this section do not apply to	6013
the lease if one or more hospitals classified as general hospitals	6014
by the ~~public~~director of health ~~council~~ under section 3701.07 of	6015
the Revised Code are operating in the same county as the county	6016
hospital.	6017

(B) Any lease entered into pursuant to this section shall	6018
provide that in the event that the lessee fails faithfully and	6019
efficiently to administer, maintain, and operate such leased	6020
facilities as hospital facilities, or fails to provide the	6021
services thereof without regard to race, creed, color, or national	6022
origin, or fails to require that any hospital agency using such	6023
facilities or the services thereof shall not discriminate by	6024
reason of race, creed, color, or national origin, after an	6025
opportunity to be heard upon written charges, said lease may be	6026
terminated at the time, in the manner and with consequences	6027
therein provided. If any such lease does not contain terms to the	6028
effect provided in this division, it shall nevertheless be deemed	6029
to contain such terms which shall be implemented as determined by	6030
the governing body of the lessor.	6031

(C) Such lease may provide for rentals commencing at any time	6032
agreed upon, or advance rental, and continuing for such period	6033
therein provided, notwithstanding and without diminution, rebate,	6034
or setoff by reason of time of availability of the hospital	6035
facility for use, delays in construction, failure of completion,	6036
damage or destruction of the hospital facilities, or for any other	6037
reason.	6038

(D) Such lease may provide for the sale or transfer of title	6039
of the leased facilities pursuant to an option to purchase,	6040
lease-purchase, or installment purchase upon terms therein	6041
provided or to be determined as therein provided, which may	6042
include provision for the continued use thereof as a hospital	6043
facility for some reasonable period, taking into account efficient	6044
useful life and other factors, as is provided therein.	6045

(E) Such lease may be entered as part of or in connection	6046
with an agreement pursuant to section 140.03 of the Revised Code.	6047
Any hospital facilities which are the subject of an agreement	6048
entered into under section 140.03 of the Revised Code may be	6049
leased pursuant to this section.	6050

(F) If land acquired by a public hospital agency for a	6051
hospital facility is adjacent to an existing hospital facility	6052
owned by another hospital agency, the public hospital agency may,	6053
in connection with such acquisition or the leasing of such land	6054
and hospital facilities thereon to one or more hospital agencies,	6055
enter into an agreement with the hospital agency which owns such	6056
adjacent hospital facility for the use of common walls in the	6057
construction, operation, or maintenance of hospital facilities of	6058
the public hospital agency. For the purpose of construction,	6059
operation, or maintenance of hospital facilities, a public	6060
hospital agency may acquire by purchase, gift, lease, lease with	6061
option to purchase, lease-purchase, or installment purchase,	6062
easement deed, or other agreement, real estate and interests in	6063
real estate, including rights to use space over, under or upon	6064
real property owned by others, and support, access, common wall,	6065
and other rights in connection therewith. Any public hospital	6066
agency or other political subdivision or any public agency, board,	6067
commission, institution, body, or instrumentality may grant such	6068
real estate, interests, or rights to any hospital agency upon such	6069
terms as are agreed upon without necessity for competitive bidding	6070
or public auction.	6071

Sec. 140.08. (A) Except as otherwise provided in divisions	6072
(B)(1) and (2) of this section, all hospital facilities purchased,	6073
acquired, constructed, or owned by a public hospital agency, or	6074
financed in whole or in part by obligations issued by a public	6075
hospital agency, and used, or to be used when completed, as	6076
hospital facilities, and the income therefrom, are exempt from all	6077
taxation within this state, including ad valorem and excise taxes,	6078
notwithstanding any other provisions of law, and hospital agencies	6079
are exempt from taxes levied under Chapters 5739. and 5741. of the	6080
Revised Code. The obligations issued hereafter under section	6081
133.08, 140.06, or 339.15 of the Revised Code or Section 3 of	6082
Article XVIII, Ohio Constitution, to pay costs of hospital	6083
facilities or to refund such obligations, and the transfer	6084
thereof, and the interest and other income from such obligations,	6085
including any profit made on the sale thereof, is free from	6086
taxation within the state.	6087

(B)(1) Division (A) of this section does not exempt	6088
independent living facilities from taxes levied on property or	6089
taxes levied under Chapters 5739. and 5741. of the Revised Code.	6090
If an independent living facility or part of such facility becomes	6091
~~an adult care facility, nursing home, or residential care facility~~	6092
on or after January 10, 1991, a nursing home, residential care	6093
facility, or residential facility described in division (M)(4) of	6094
section 140.01 of the Revised Code, that part of the independent	6095
living facility that is ~~an adult care facility,~~a nursing home, or	6096
residential care facility, or residential facility described in	6097
division (M)(4) of section 140.01 of the Revised Code is exempt	6098
from taxation subject to division (B)(2) of this section on and	6099
after the date it becomes ~~an adult care facility,~~a nursing home,	6100
or residential care facility, or residential facility described in	6101
division (M)(4) of section 140.01 of the Revised Code.	6102

(2) Division (A) of this section exempts nursing homes,	6103
residential care facilities, and ~~adult care~~residential facilities	6104
described in division (M)(4) of section 140.01 of the Revised Code	6105
from taxes levied on property and taxes levied under Chapters	6106
5739. and 5741. of the Revised Code only until all obligations	6107
issued to finance such homes or facilities, or all refunding or	6108
series of refundings of those obligations, are redeemed or	6109
otherwise retired.	6110

Sec. 145.01. As used in this chapter:

6111

(A) "Public employee" means:

6112

(1) Any person holding an office, not elective, under the	6113
state or any county, township, municipal corporation, park	6114
district, conservancy district, sanitary district, health	6115
district, metropolitan housing authority, state retirement board,	6116
Ohio historical society, public library, county law library, union	6117
cemetery, joint hospital, institutional commissary, state	6118
university, or board, bureau, commission, council, committee,	6119
authority, or administrative body as the same are, or have been,	6120
created by action of the general assembly or by the legislative	6121
authority of any of the units of local government named in	6122
division (A)(1) of this section, or employed and paid in whole or	6123
in part by the state or any of the authorities named in division	6124
(A)(1) of this section in any capacity not covered by section	6125
742.01, 3307.01, 3309.01, or 5505.01 of the Revised Code.	6126

(2) A person who is a member of the public employees	6127
retirement system and who continues to perform the same or similar	6128
duties under the direction of a contractor who has contracted to	6129
take over what before the date of the contract was a publicly	6130
operated function. The governmental unit with which the contract	6131
has been made shall be deemed the employer for the purposes of	6132
administering this chapter.	6133

(3) Any person who is an employee of a public employer,	6134
notwithstanding that the person's compensation for that employment	6135
is derived from funds of a person or entity other than the	6136
employer. Credit for such service shall be included as total	6137
service credit, provided that the employee makes the payments	6138
required by this chapter, and the employer makes the payments	6139
required by sections 145.48 and 145.51 of the Revised Code.	6140

(4) A person who elects in accordance with section 145.015 of	6141
the Revised Code to remain a contributing member of the public	6142
employees retirement system.	6143

(5) A person who is an employee of the legal rights service	6144
on September 30, 2012, and continues to be employed by the	6145
nonprofit entity established under Section 319.20 of Am. Sub. H.B.	6146
153 of the 129th general assembly. The nonprofit entity is the	6147
employer for the purpose of this chapter.	6148

In all cases of doubt, the public employees retirement board	6149
shall determine whether any person is a public employee, and its	6150
decision is final.	6151

(B) "Member" means any public employee, other than a public	6152
employee excluded or exempted from membership in the retirement	6153
system by section 145.03, 145.031, 145.032, 145.033, 145.034,	6154
145.035, or 145.38 of the Revised Code. "Member" includes a PERS	6155
retirant who becomes a member under division (C) of section 145.38	6156
of the Revised Code. "Member" also includes a disability benefit	6157
recipient.	6158

(C) "Head of the department" means the elective or appointive	6159
head of the several executive, judicial, and administrative	6160
departments, institutions, boards, and commissions of the state	6161
and local government as the same are created and defined by the	6162
laws of this state or, in case of a charter government, by that	6163
charter.	6164

(D) "Employer" or "public employer" means the state or any	6165
county, township, municipal corporation, park district,	6166
conservancy district, sanitary district, health district,	6167
metropolitan housing authority, state retirement board, Ohio	6168
historical society, public library, county law library, union	6169
cemetery, joint hospital, institutional commissary, state medical	6170
university, state university, or board, bureau, commission,	6171
council, committee, authority, or administrative body as the same	6172
are, or have been, created by action of the general assembly or by	6173
the legislative authority of any of the units of local government	6174
named in this division not covered by section 742.01, 3307.01,	6175
3309.01, or 5505.01 of the Revised Code. In addition, "employer"	6176
means the employer of any public employee.	6177

(E) "Prior service" means all service as a public employee	6178
rendered before January 1, 1935, and all service as an employee of	6179
any employer who comes within the state teachers retirement system	6180
or of the school employees retirement system or of any other	6181
retirement system established under the laws of this state	6182
rendered prior to January 1, 1935, provided that if the employee	6183
claiming the service was employed in any capacity covered by that	6184
other system after that other system was established, credit for	6185
the service may be allowed by the public employees retirement	6186
system only when the employee has made payment, to be computed on	6187
the salary earned from the date of appointment to the date	6188
membership was established in the public employees retirement	6189
system, at the rate in effect at the time of payment, and the	6190
employer has made payment of the corresponding full liability as	6191
provided by section 145.44 of the Revised Code. "Prior service"	6192
also means all service credited for active duty with the armed	6193
forces of the United States as provided in section 145.30 of the	6194
Revised Code.	6195

If an employee who has been granted prior service credit by	6196
the public employees retirement system for service rendered prior	6197
to January 1, 1935, as an employee of a board of education	6198
establishes, before retirement, one year or more of contributing	6199
service in the state teachers retirement system or school	6200
employees retirement system, then the prior service ceases to be	6201
the liability of this system.	6202

If the board determines that a position of any member in any	6203
calendar year prior to January 1, 1935, was a part-time position,	6204
the board shall determine what fractional part of a year's credit	6205
shall be allowed by the following formula:	6206

(1) When the member has been either elected or appointed to	6207
an office the term of which was two or more years and for which an	6208
annual salary is established, the fractional part of the year's	6209
credit shall be computed as follows:	6210

First, when the member's annual salary is one thousand	6211
dollars or less, the service credit for each such calendar year	6212
shall be forty per cent of a year.	6213

Second, for each full one hundred dollars of annual salary	6214
above one thousand dollars, the member's service credit for each	6215
such calendar year shall be increased by two and one-half per	6216
cent.	6217

(2) When the member is paid on a per diem basis, the service	6218
credit for any single year of the service shall be determined by	6219
using the number of days of service for which the compensation was	6220
received in any such year as a numerator and using two hundred	6221
fifty days as a denominator.	6222

(3) When the member is paid on an hourly basis, the service	6223
credit for any single year of the service shall be determined by	6224
using the number of hours of service for which the compensation	6225
was received in any such year as a numerator and using two	6226
thousand hours as a denominator.	6227

(F) "Contributor" means any person who has an account in the	6228
employees' savings fund created by section 145.23 of the Revised	6229
Code. When used in the sections listed in division (B) of section	6230
145.82 of the Revised Code, "contributor" includes any person	6231
participating in a PERS defined contribution plan.	6232

(G) "Beneficiary" or "beneficiaries" means the estate or a	6233
person or persons who, as the result of the death of a member,	6234
contributor, or retirant, qualify for or are receiving some right	6235
or benefit under this chapter.	6236

(H)(1) "Total service credit," except as provided in section	6237
145.37 of the Revised Code, means all service credited to a member	6238
of the retirement system since last becoming a member, including	6239
restored service credit as provided by section 145.31 of the	6240
Revised Code; credit purchased under sections 145.293 and 145.299	6241
of the Revised Code; all the member's prior service credit; all	6242
the member's military service credit computed as provided in this	6243
chapter; all service credit established pursuant to section	6244
145.297 of the Revised Code; and any other service credited under	6245
this chapter. In addition, "total service credit" includes any	6246
period, not in excess of three years, during which a member was	6247
out of service and receiving benefits under Chapters 4121. and	6248
4123. of the Revised Code. For the exclusive purpose of satisfying	6249
the service credit requirement and of determining eligibility for	6250
benefits under sections 145.32, 145.33, 145.331, 145.35, 145.36,	6251
and 145.361 of the Revised Code, "five or more years of total	6252
service credit" means sixty or more calendar months of	6253
contributing service in this system.	6254

(2) "One and one-half years of contributing service credit,"	6255
as used in division (B) of section 145.45 of the Revised Code,	6256
also means eighteen or more calendar months of employment by a	6257
municipal corporation that formerly operated its own retirement	6258
plan for its employees or a part of its employees, provided that	6259
all employees of that municipal retirement plan who have eighteen	6260
or more months of such employment, upon establishing membership in	6261
the public employees retirement system, shall make a payment of	6262
the contributions they would have paid had they been members of	6263
this system for the eighteen months of employment preceding the	6264
date membership was established. When that payment has been made	6265
by all such employee members, a corresponding payment shall be	6266
paid into the employers' accumulation fund by that municipal	6267
corporation as the employer of the employees.	6268

(3) Where a member also is a member of the state teachers	6269
retirement system or the school employees retirement system, or	6270
both, except in cases of retirement on a combined basis pursuant	6271
to section 145.37 of the Revised Code or as provided in section	6272
145.383 of the Revised Code, service credit for any period shall	6273
be credited on the basis of the ratio that contributions to the	6274
public employees retirement system bear to total contributions in	6275
all state retirement systems.	6276

(4) Not more than one year of credit may be given for any	6277
period of twelve months.	6278

(5) "Ohio service credit" means credit for service that was	6279
rendered to the state or any of its political subdivisions or any	6280
employer.	6281

(I) "Regular interest" means interest at any rates for the	6282
respective funds and accounts as the public employees retirement	6283
board may determine from time to time.	6284

(J) "Accumulated contributions" means the sum of all amounts	6285
credited to a contributor's individual account in the employees'	6286
savings fund together with any interest credited to the	6287
contributor's account under section 145.471 or 145.472 of the	6288
Revised Code.	6289

(K)(1) "Final average salary" means the quotient obtained by	6290
dividing by three the sum of the three full calendar years of	6291
contributing service in which the member's earnable salary was	6292
highest, except that if the member has a partial year of	6293
contributing service in the year the member's employment	6294
terminates and the member's earnable salary for the partial year	6295
is higher than for any comparable period in the three years, the	6296
member's earnable salary for the partial year shall be substituted	6297
for the member's earnable salary for the comparable period during	6298
the three years in which the member's earnable salary was lowest.	6299

(2) If a member has less than three years of contributing	6300
service, the member's final average salary shall be the member's	6301
total earnable salary divided by the total number of years,	6302
including any fraction of a year, of the member's contributing	6303
service.	6304

(3) For the purpose of calculating benefits payable to a	6305
member qualifying for service credit under division (Z) of this	6306
section, "final average salary" means the total earnable salary on	6307
which contributions were made divided by the total number of years	6308
during which contributions were made, including any fraction of a	6309
year. If contributions were made for less than twelve months,	6310
"final average salary" means the member's total earnable salary.	6311

(L) "Annuity" means payments for life derived from	6312
contributions made by a contributor and paid from the annuity and	6313
pension reserve fund as provided in this chapter. All annuities	6314
shall be paid in twelve equal monthly installments.	6315

(M) "Annuity reserve" means the present value, computed upon	6316
the basis of the mortality and other tables adopted by the board,	6317
of all payments to be made on account of any annuity, or benefit	6318
in lieu of any annuity, granted to a retirant as provided in this	6319
chapter.	6320

(N)(1) "Disability retirement" means retirement as provided	6321
in section 145.36 of the Revised Code.	6322

(2) "Disability allowance" means an allowance paid on account	6323
of disability under section 145.361 of the Revised Code.	6324

(3) "Disability benefit" means a benefit paid as disability	6325
retirement under section 145.36 of the Revised Code, as a	6326
disability allowance under section 145.361 of the Revised Code, or	6327
as a disability benefit under section 145.37 of the Revised Code.	6328

(4) "Disability benefit recipient" means a member who is	6329
receiving a disability benefit.	6330

(O) "Age and service retirement" means retirement as provided	6331
in sections 145.32, 145.33, 145.331, 145.34, 145.37, and 145.46 of	6332
the Revised Code.	6333

(P) "Pensions" means annual payments for life derived from	6334
contributions made by the employer that at the time of retirement	6335
are credited into the annuity and pension reserve fund from the	6336
employers' accumulation fund and paid from the annuity and pension	6337
reserve fund as provided in this chapter. All pensions shall be	6338
paid in twelve equal monthly installments.	6339

(Q) "Retirement allowance" means the pension plus that	6340
portion of the benefit derived from contributions made by the	6341
member.	6342

(R)(1) Except as otherwise provided in division (R) of this	6343
section, "earnable salary" means all salary, wages, and other	6344
earnings paid to a contributor by reason of employment in a	6345
position covered by the retirement system. The salary, wages, and	6346
other earnings shall be determined prior to determination of the	6347
amount required to be contributed to the employees' savings fund	6348
under section 145.47 of the Revised Code and without regard to	6349
whether any of the salary, wages, or other earnings are treated as	6350
deferred income for federal income tax purposes. "Earnable salary"	6351
includes the following:	6352

(a) Payments made by the employer in lieu of salary, wages,	6353
or other earnings for sick leave, personal leave, or vacation used	6354
by the contributor;	6355

(b) Payments made by the employer for the conversion of sick	6356
leave, personal leave, and vacation leave accrued, but not used if	6357
the payment is made during the year in which the leave is accrued,	6358
except that payments made pursuant to section 124.383 or 124.386	6359
of the Revised Code are not earnable salary;	6360

(c) Allowances paid by the employer for full maintenance,	6361
consisting of housing, laundry, and meals, as certified to the	6362
retirement board by the employer or the head of the department	6363
that employs the contributor;	6364

(d) Fees and commissions paid under section 507.09 of the	6365
Revised Code;	6366

(e) Payments that are made under a disability leave program	6367
sponsored by the employer and for which the employer is required	6368
by section 145.296 of the Revised Code to make periodic employer	6369
and employee contributions;	6370

(f) Amounts included pursuant to divisions (K)(3) and (Y) of	6371
this section.	6372

(2) "Earnable salary" does not include any of the following:

6373

(a) Fees and commissions, other than those paid under section	6374
507.09 of the Revised Code, paid as sole compensation for personal	6375
services and fees and commissions for special services over and	6376
above services for which the contributor receives a salary;	6377

(b) Amounts paid by the employer to provide life insurance,	6378
sickness, accident, endowment, health, medical, hospital, dental,	6379
or surgical coverage, or other insurance for the contributor or	6380
the contributor's family, or amounts paid by the employer to the	6381
contributor in lieu of providing the insurance;	6382

(c) Incidental benefits, including lodging, food, laundry,	6383
parking, or services furnished by the employer, or use of the	6384
employer's property or equipment, or amounts paid by the employer	6385
to the contributor in lieu of providing the incidental benefits;	6386

(d) Reimbursement for job-related expenses authorized by the	6387
employer, including moving and travel expenses and expenses	6388
related to professional development;	6389

(e) Payments for accrued but unused sick leave, personal	6390
leave, or vacation that are made at any time other than in the	6391
year in which the sick leave, personal leave, or vacation was	6392
accrued;	6393

(f) Payments made to or on behalf of a contributor that are	6394
in excess of the annual compensation that may be taken into	6395
account by the retirement system under division (a)(17) of section	6396
401 of the "Internal Revenue Code of 1986," 100 Stat. 2085, 26	6397
U.S.C.A. 401(a)(17), as amended;	6398

(g) Payments made under division (B), (C), or (E) of section	6399
5923.05 of the Revised Code, Section 4 of Substitute Senate Bill	6400
No. 3 of the 119th general assembly, Section 3 of Amended	6401
Substitute Senate Bill No. 164 of the 124th general assembly, or	6402
Amended Substitute House Bill No. 405 of the 124th general	6403
assembly;	6404

(h) Anything of value received by the contributor that is	6405
based on or attributable to retirement or an agreement to retire,	6406
except that payments made on or before January 1, 1989, that are	6407
based on or attributable to an agreement to retire shall be	6408
included in earnable salary if both of the following apply:	6409

(i) The payments are made in accordance with contract	6410
provisions that were in effect prior to January 1, 1986;	6411

(ii) The employer pays the retirement system an amount	6412
specified by the retirement board equal to the additional	6413
liability resulting from the payments.	6414

(3) The retirement board shall determine by rule whether any	6415
compensation not enumerated in division (R) of this section is	6416
earnable salary, and its decision shall be final.	6417

(S) "Pension reserve" means the present value, computed upon	6418
the basis of the mortality and other tables adopted by the board,	6419
of all payments to be made on account of any retirement allowance	6420
or benefit in lieu of any retirement allowance, granted to a	6421
member or beneficiary under this chapter.	6422

(T)(1) "Contributing service" means all service credited to a	6423
member of the system since January 1, 1935, for which	6424
contributions are made as required by sections 145.47, 145.48, and	6425
145.483 of the Revised Code. In any year subsequent to 1934,	6426
credit for any service shall be allowed by the following formula:	6427

(a) For each month for which the member's earnable salary is	6428
two hundred fifty dollars or more, allow one month's credit.	6429

(b) For each month for which the member's earnable salary is	6430
less than two hundred fifty dollars, allow a fraction of a month's	6431
credit. The numerator of this fraction shall be the earnable	6432
salary during the month, and the denominator shall be two hundred	6433
fifty dollars, except that if the member's annual earnable salary	6434
is less than six hundred dollars, the member's credit shall not be	6435
reduced below twenty per cent of a year for a calendar year of	6436
employment during which the member worked each month. Division	6437
(T)(1)(b) of this section shall not reduce any credit earned	6438
before January 1, 1985.	6439

(2) Notwithstanding division (T)(1) of this section, an	6440
elected official who prior to January 1, 1980, was granted a full	6441
year of credit for each year of service as an elected official	6442
shall be considered to have earned a full year of credit for each	6443
year of service regardless of whether the service was full-time or	6444
part-time. The public employees retirement board has no authority	6445
to reduce the credit.	6446

(U) "State retirement board" means the public employees	6447
retirement board, the school employees retirement board, or the	6448
state teachers retirement board.	6449

(V) "Retirant" means any former member who retires and is	6450
receiving a monthly allowance as provided in sections 145.32,	6451
145.33, 145.331, 145.34, and 145.46 of the Revised Code.	6452

(W) "Employer contribution" means the amount paid by an	6453
employer as determined under section 145.48 of the Revised Code.	6454

(X) "Public service terminates" means the last day for which	6455
a public employee is compensated for services performed for an	6456
employer or the date of the employee's death, whichever occurs	6457
first.	6458

(Y) When a member has been elected or appointed to an office,	6459
the term of which is two or more years, for which an annual salary	6460
is established, and in the event that the salary of the office is	6461
increased and the member is denied the additional salary by reason	6462
of any constitutional provision prohibiting an increase in salary	6463
during a term of office, the member may elect to have the amount	6464
of the member's contributions calculated upon the basis of the	6465
increased salary for the office. At the member's request, the	6466
board shall compute the total additional amount the member would	6467
have contributed, or the amount by which each of the member's	6468
contributions would have increased, had the member received the	6469
increased salary for the office the member holds. If the member	6470
elects to have the amount by which the member's contribution would	6471
have increased withheld from the member's salary, the member shall	6472
notify the employer, and the employer shall make the withholding	6473
and transmit it to the retirement system. A member who has not	6474
elected to have that amount withheld may elect at any time to make	6475
a payment to the retirement system equal to the additional amount	6476
the member's contribution would have increased, plus interest on	6477
that contribution, compounded annually at a rate established by	6478
the board and computed from the date on which the last	6479
contribution would have been withheld from the member's salary to	6480
the date of payment. A member may make a payment for part of the	6481
period for which the increased contribution was not withheld, in	6482
which case the interest shall be computed from the date the last	6483
contribution would have been withheld for the period for which the	6484
payment is made. Upon the payment of the increased contributions	6485
as provided in this division, the increased annual salary as	6486
provided by law for the office for the period for which the member	6487
paid increased contributions thereon shall be used in determining	6488
the member's earnable salary for the purpose of computing the	6489
member's final average salary.	6490

(Z) "Five years of service credit," for the exclusive purpose	6491
of satisfying the service credit requirements and of determining	6492
eligibility for benefits under section 145.33 of the Revised Code,	6493
means employment covered under this chapter or under a former	6494
retirement plan operated, recognized, or endorsed by the employer	6495
prior to coverage under this chapter or under a combination of the	6496
coverage.	6497

(AA) "Deputy sheriff" means any person who is commissioned	6498
and employed as a full-time peace officer by the sheriff of any	6499
county, and has been so employed since on or before December 31,	6500
1965; any person who is or has been commissioned and employed as a	6501
peace officer by the sheriff of any county since January 1, 1966,	6502
and who has received a certificate attesting to the person's	6503
satisfactory completion of the peace officer training school as	6504
required by section 109.77 of the Revised Code; or any person	6505
deputized by the sheriff of any county and employed pursuant to	6506
section 2301.12 of the Revised Code as a criminal bailiff or court	6507
constable who has received a certificate attesting to the person's	6508
satisfactory completion of the peace officer training school as	6509
required by section 109.77 of the Revised Code.	6510

(BB) "Township constable or police officer in a township	6511
police department or district" means any person who is	6512
commissioned and employed as a full-time peace officer pursuant to	6513
Chapter 505. or 509. of the Revised Code, who has received a	6514
certificate attesting to the person's satisfactory completion of	6515
the peace officer training school as required by section 109.77 of	6516
the Revised Code.	6517

(CC) "Drug agent" means any person who is either of the	6518
following:	6519

(1) Employed full time as a narcotics agent by a county	6520
narcotics agency created pursuant to section 307.15 of the Revised	6521
Code and has received a certificate attesting to the satisfactory	6522
completion of the peace officer training school as required by	6523
section 109.77 of the Revised Code;	6524

(2) Employed full time as an undercover drug agent as defined	6525
in section 109.79 of the Revised Code and is in compliance with	6526
section 109.77 of the Revised Code.	6527

(DD) "Department of public safety enforcement agent" means a	6528
full-time employee of the department of public safety who is	6529
designated under section 5502.14 of the Revised Code as an	6530
enforcement agent and who is in compliance with section 109.77 of	6531
the Revised Code.	6532

(EE) "Natural resources law enforcement staff officer" means	6533
a full-time employee of the department of natural resources who is	6534
designated a natural resources law enforcement staff officer under	6535
section 1501.013 of the Revised Code and is in compliance with	6536
section 109.77 of the Revised Code.	6537

(FF) "Park officer" means a full-time employee of the	6538
department of natural resources who is designated a park officer	6539
under section 1541.10 of the Revised Code and is in compliance	6540
with section 109.77 of the Revised Code.	6541

(GG) "Forest officer" means a full-time employee of the	6542
department of natural resources who is designated a forest officer	6543
under section 1503.29 of the Revised Code and is in compliance	6544
with section 109.77 of the Revised Code.	6545

(HH) "Preserve officer" means a full-time employee of the	6546
department of natural resources who is designated a preserve	6547
officer under section 1517.10 of the Revised Code and is in	6548
compliance with section 109.77 of the Revised Code.	6549

(II) "Wildlife officer" means a full-time employee of the	6550
department of natural resources who is designated a wildlife	6551
officer under section 1531.13 of the Revised Code and is in	6552
compliance with section 109.77 of the Revised Code.	6553

(JJ) "State watercraft officer" means a full-time employee of	6554
the department of natural resources who is designated a state	6555
watercraft officer under section 1547.521 of the Revised Code and	6556
is in compliance with section 109.77 of the Revised Code.	6557

(KK) "Park district police officer" means a full-time	6558
employee of a park district who is designated pursuant to section	6559
511.232 or 1545.13 of the Revised Code and is in compliance with	6560
section 109.77 of the Revised Code.	6561

(LL) "Conservancy district officer" means a full-time	6562
employee of a conservancy district who is designated pursuant to	6563
section 6101.75 of the Revised Code and is in compliance with	6564
section 109.77 of the Revised Code.	6565

(MM) "Municipal police officer" means a member of the	6566
organized police department of a municipal corporation who is	6567
employed full time, is in compliance with section 109.77 of the	6568
Revised Code, and is not a member of the Ohio police and fire	6569
pension fund.	6570

(NN) "Veterans' home police officer" means any person who is	6571
employed at a veterans' home as a police officer pursuant to	6572
section 5907.02 of the Revised Code and is in compliance with	6573
section 109.77 of the Revised Code.	6574

(OO) "Special police officer for a mental health institution"	6575
means any person who is designated as such pursuant to section	6576
5119.14 of the Revised Code and is in compliance with section	6577
109.77 of the Revised Code.	6578

(PP) "Special police officer for an institution for the	6579
mentally retarded and developmentally disabled" means any person	6580
who is designated as such pursuant to section 5123.13 of the	6581
Revised Code and is in compliance with section 109.77 of the	6582
Revised Code.	6583

(QQ) "State university law enforcement officer" means any	6584
person who is employed full time as a state university law	6585
enforcement officer pursuant to section 3345.04 of the Revised	6586
Code and who is in compliance with section 109.77 of the Revised	6587
Code.	6588

(RR) "House sergeant at arms" means any person appointed by	6589
the speaker of the house of representatives under division (B)(1)	6590
of section 101.311 of the Revised Code who has arrest authority	6591
under division (E)(1) of that section.	6592

(SS) "Assistant house sergeant at arms" means any person	6593
appointed by the house sergeant at arms under division (C)(1) of	6594
section 101.311 of the Revised Code.	6595

(TT) "Regional transit authority police officer" means a	6596
person who is employed full time as a regional transit authority	6597
police officer under division (Y) of section 306.35 of the Revised	6598
Code and is in compliance with section 109.77 of the Revised Code.	6599

(UU) "State highway patrol police officer" means a special	6600
police officer employed full time and designated by the	6601
superintendent of the state highway patrol pursuant to section	6602
5503.09 of the Revised Code or a person serving full time as a	6603
special police officer pursuant to that section on a permanent	6604
basis on October 21, 1997, who is in compliance with section	6605
109.77 of the Revised Code.	6606

(VV) "Municipal public safety director" means a person who	6607
serves full time as the public safety director of a municipal	6608
corporation with the duty of directing the activities of the	6609
municipal corporation's police department and fire department.	6610

(WW) Notwithstanding section 2901.01 of the Revised Code,	6611
"PERS law enforcement officer" means a sheriff or any of the	6612
following whose primary duties are to preserve the peace, protect	6613
life and property, and enforce the laws of this state: a deputy	6614
sheriff, township constable or police officer in a township police	6615
department or district, drug agent, department of public safety	6616
enforcement agent, natural resources law enforcement staff	6617
officer, park officer, forest officer, preserve officer, wildlife	6618
officer, state watercraft officer, park district police officer,	6619
conservancy district officer, veterans' home police officer,	6620
special police officer for a mental health institution, special	6621
police officer for an institution for the mentally retarded and	6622
developmentally disabled, state university law enforcement	6623
officer, municipal police officer, house sergeant at arms,	6624
assistant house sergeant at arms, regional transit authority	6625
police officer, or state highway patrol police officer. PERS law	6626
enforcement officer also includes a person serving as a municipal	6627
public safety director at any time during the period from	6628
September 29, 2005, to March 24, 2009, if the duties of that	6629
service were to preserve the peace, protect life and property, and	6630
enforce the laws of this state.	6631

(XX) "Hamilton county municipal court bailiff" means a person	6632
appointed by the clerk of courts of the Hamilton county municipal	6633
court under division (A)(3) of section 1901.32 of the Revised Code	6634
who is employed full time as a bailiff or deputy bailiff, who has	6635
received a certificate attesting to the person's satisfactory	6636
completion of the peace officer basic training described in	6637
division (D)(1) of section 109.77 of the Revised Code.	6638

(YY) "PERS public safety officer" means a Hamilton county	6639
municipal court bailiff, or any of the following whose primary	6640
duties are other than to preserve the peace, protect life and	6641
property, and enforce the laws of this state: a deputy sheriff,	6642
township constable or police officer in a township police	6643
department or district, drug agent, department of public safety	6644
enforcement agent, natural resources law enforcement staff	6645
officer, park officer, forest officer, preserve officer, wildlife	6646
officer, state watercraft officer, park district police officer,	6647
conservancy district officer, veterans' home police officer,	6648
special police officer for a mental health institution, special	6649
police officer for an institution for the mentally retarded and	6650
developmentally disabled, state university law enforcement	6651
officer, municipal police officer, house sergeant at arms,	6652
assistant house sergeant at arms, regional transit authority	6653
police officer, or state highway patrol police officer. "PERS	6654
public safety officer" also includes a person serving as a	6655
municipal public safety director at any time during the period	6656
from September 29, 2005, to March 24, 2009, if the duties of that	6657
service were other than to preserve the peace, protect life and	6658
property, and enforce the laws of this state.	6659

(ZZ) "Fiduciary" means a person who does any of the	6660
following:	6661

(1) Exercises any discretionary authority or control with	6662
respect to the management of the system or with respect to the	6663
management or disposition of its assets;	6664

(2) Renders investment advice for a fee, direct or indirect,	6665
with respect to money or property of the system;	6666

(3) Has any discretionary authority or responsibility in the	6667
administration of the system.	6668

(AAA) "Actuary" means an individual who satisfies all of the	6669
following requirements:	6670

(1) Is a member of the American academy of actuaries;

6671

(2) Is an associate or fellow of the society of actuaries;

6672

(3) Has a minimum of five years' experience in providing	6673
actuarial services to public retirement plans.	6674

(BBB) "PERS defined benefit plan" means the plan described in	6675
sections 145.201 to 145.79 of the Revised Code.	6676

(CCC) "PERS defined contribution plans" means the plan or	6677
plans established under section 145.81 of the Revised Code.	6678

Sec. 145.012. (A) "Public employee," as defined in division	6679
(A) of section 145.01 of the Revised Code, does not include any	6680
person:	6681

(1) Who is employed by a private, temporary-help service and	6682
performs services under the direction of a public employer or is	6683
employed on a contractual basis as an independent contractor under	6684
a personal service contract with a public employer;	6685

(2) Who is an emergency employee serving on a temporary basis	6686
in case of fire, snow, earthquake, flood, or other similar	6687
emergency;	6688

(3) Who is employed in a program established pursuant to the	6689
"Job Training Partnership Act," 96 Stat. 1322 (1982), 29 U.S.C.A.	6690
1501;	6691

(4) Who is an appointed member of either the motor vehicle	6692
salvage dealers board or the motor vehicle dealer's board whose	6693
rate and method of payment are determined pursuant to division (J)	6694
of section 124.15 of the Revised Code;	6695

(5) Who is employed as an election worker and paid less than	6696
five hundred dollars per calendar year for that service;	6697

(6) Who is employed as a firefighter in a position requiring	6698
satisfactory completion of a firefighter training course approved	6699
under former section 3303.07 or section 4765.55 of the Revised	6700
Code or conducted under section 3737.33 of the Revised Code except	6701
for the following:	6702

(a) Any firefighter who has elected under section 145.013 of	6703
the Revised Code to remain a contributing member of the public	6704
employees retirement system;	6705

(b) Any firefighter who was eligible to transfer from the	6706
public employees retirement system to the Ohio police and fire	6707
pension fund under section 742.51 or 742.515 of the Revised Code	6708
and did not elect to transfer;	6709

(c) Any firefighter who has elected under section 742.516 of	6710
the Revised Code to transfer from the Ohio police and fire pension	6711
fund to the public employees retirement system.	6712

(7) Who is a member of the board of health of a city or	6713
general health district, which pursuant to sections 3709.051 and	6714
3709.07 of the Revised Code includes a combined health district,	6715
and whose compensation for attendance at meetings of the board is	6716
set forth in division (B) of section 3709.02 or division (B) of	6717
section 3709.05 of the Revised Code, as appropriate;	6718

(8) Who participates in an alternative retirement plan	6719
established under Chapter 3305. of the Revised Code;	6720

(9) Who is a member of the board of directors of a sanitary	6721
district established under Chapter 6115. of the Revised Code;	6722

(10) Who is a member of the unemployment compensation	6723
advisory council;	6724

(11) Who is an employee, officer, or governor-appointed	6725
member of the board of directors of the nonprofit corporation	6726
formed under section 187.01 of the Revised Code;	6727

(12) Who is employed by the nonprofit entity established to	6728
provide advocacy services and a client assistance program for	6729
people with disabilities under Section 319.20 of Am. Sub. H.B. 153	6730
of the 129th general assembly and whose employment begins on or	6731
after October 1, 2012.	6732

(B) No inmate of a correctional institution operated by the	6733
department of rehabilitation and correction, no patient in a	6734
hospital for the mentally ill or criminally insane operated by the	6735
department of mental health, no resident in an institution for the	6736
mentally retarded operated by the department of developmental	6737
disabilities, no resident admitted as a patient of a veterans'	6738
home operated under Chapter 5907. of the Revised Code, and no	6739
resident of a county home shall be considered as a public employee	6740
for the purpose of establishing membership or calculating service	6741
credit or benefits under this chapter. Nothing in this division	6742
shall be construed to affect any service credit attained by any	6743
person who was a public employee before becoming an inmate,	6744
patient, or resident at any institution listed in this division,	6745
or the payment of any benefit for which such a person or such a	6746
person's beneficiaries otherwise would be eligible.	6747

Sec. 149.43. (A) As used in this section:

6748

(1) "Public record" means records kept by any public office,	6749
including, but not limited to, state, county, city, village,	6750
township, and school district units, and records pertaining to the	6751
delivery of educational services by an alternative school in this	6752
state kept by the nonprofit or for-profit entity operating the	6753
alternative school pursuant to section 3313.533 of the Revised	6754
Code. "Public record" does not mean any of the following:	6755

(a) Medical records;

6756

(b) Records pertaining to probation and parole proceedings or	6757
to proceedings related to the imposition of community control	6758
sanctions and post-release control sanctions;	6759

(c) Records pertaining to actions under section 2151.85 and	6760
division (C) of section 2919.121 of the Revised Code and to	6761
appeals of actions arising under those sections;	6762

(d) Records pertaining to adoption proceedings, including the	6763
contents of an adoption file maintained by the department of	6764
health under section 3705.12 of the Revised Code;	6765

(e) Information in a record contained in the putative father	6766
registry established by section 3107.062 of the Revised Code,	6767
regardless of whether the information is held by the department of	6768
job and family services or, pursuant to section 3111.69 of the	6769
Revised Code, the office of child support in the department or a	6770
child support enforcement agency;	6771

(f) Records listed in division (A) of section 3107.42 of the	6772
Revised Code or specified in division (A) of section 3107.52 of	6773
the Revised Code;	6774

(g) Trial preparation records;

6775

(h) Confidential law enforcement investigatory records;

6776

(i) Records containing information that is confidential under	6777
section 2710.03 or 4112.05 of the Revised Code;	6778

(j) DNA records stored in the DNA database pursuant to	6779
section 109.573 of the Revised Code;	6780

(k) Inmate records released by the department of	6781
rehabilitation and correction to the department of youth services	6782
or a court of record pursuant to division (E) of section 5120.21	6783
of the Revised Code;	6784

(l) Records maintained by the department of youth services	6785
pertaining to children in its custody released by the department	6786
of youth services to the department of rehabilitation and	6787
correction pursuant to section 5139.05 of the Revised Code;	6788

(m) Intellectual property records;

6789

(n) Donor profile records;

6790

(o) Records maintained by the department of job and family	6791
services pursuant to section 3121.894 of the Revised Code;	6792

(p) Peace officer, parole officer, probation officer,	6793
bailiff, prosecuting attorney, assistant prosecuting attorney,	6794
correctional employee, community-based correctional facility	6795
employee, youth services employee, firefighter, EMT, or	6796
investigator of the bureau of criminal identification and	6797
investigation residential and familial information;	6798

(q) In the case of a county hospital operated pursuant to	6799
Chapter 339. of the Revised Code or a municipal hospital operated	6800
pursuant to Chapter 749. of the Revised Code, information that	6801
constitutes a trade secret, as defined in section 1333.61 of the	6802
Revised Code;	6803

(r) Information pertaining to the recreational activities of	6804
a person under the age of eighteen;	6805

(s) Records provided to, statements made by review board	6806
members during meetings of, and all work products of a child	6807
fatality review board acting under sections 307.621 to 307.629 of	6808
the Revised Code, and child fatality review data submitted by the	6809
child fatality review board to the department of health or a	6810
national child death review database, other than the report	6811
prepared pursuant to division (A) of section 307.626 of the	6812
Revised Code;	6813

(t) Records provided to and statements made by the executive	6814
director of a public children services agency or a prosecuting	6815
attorney acting pursuant to section 5153.171 of the Revised Code	6816
other than the information released under that section;	6817

(u) Test materials, examinations, or evaluation tools used in	6818
an examination for licensure as a nursing home administrator that	6819
the board of examiners of nursing home administrators administers	6820
under section 4751.04 of the Revised Code or contracts under that	6821
section with a private or government entity to administer;	6822

(v) Records the release of which is prohibited by state or	6823
federal law;	6824

(w) Proprietary information of or relating to any person that	6825
is submitted to or compiled by the Ohio venture capital authority	6826
created under section 150.01 of the Revised Code;	6827

(x) Information reported and evaluations conducted pursuant	6828
to section 3701.072 of the Revised Code;	6829

(y) Financial statements and data any person submits for any	6830
purpose to the Ohio housing finance agency or the controlling	6831
board in connection with applying for, receiving, or accounting	6832
for financial assistance from the agency, and information that	6833
identifies any individual who benefits directly or indirectly from	6834
financial assistance from the agency;	6835

(z) Records listed in section 5101.29 of the Revised Code;

6836

(aa) Discharges recorded with a county recorder under section	6837
317.24 of the Revised Code, as specified in division (B)(2) of	6838
that section;	6839

(bb) Usage information including names and addresses of	6840
specific residential and commercial customers of a municipally	6841
owned or operated public utility.	6842

(2) "Confidential law enforcement investigatory record" means	6843
any record that pertains to a law enforcement matter of a	6844
criminal, quasi-criminal, civil, or administrative nature, but	6845
only to the extent that the release of the record would create a	6846
high probability of disclosure of any of the following:	6847

(a) The identity of a suspect who has not been charged with	6848
the offense to which the record pertains, or of an information	6849
source or witness to whom confidentiality has been reasonably	6850
promised;	6851

(b) Information provided by an information source or witness	6852
to whom confidentiality has been reasonably promised, which	6853
information would reasonably tend to disclose the source's or	6854
witness's identity;	6855

(c) Specific confidential investigatory techniques or	6856
procedures or specific investigatory work product;	6857

(d) Information that would endanger the life or physical	6858
safety of law enforcement personnel, a crime victim, a witness, or	6859
a confidential information source.	6860

(3) "Medical record" means any document or combination of	6861
documents, except births, deaths, and the fact of admission to or	6862
discharge from a hospital, that pertains to the medical history,	6863
diagnosis, prognosis, or medical condition of a patient and that	6864
is generated and maintained in the process of medical treatment.	6865

(4) "Trial preparation record" means any record that contains	6866
information that is specifically compiled in reasonable	6867
anticipation of, or in defense of, a civil or criminal action or	6868
proceeding, including the independent thought processes and	6869
personal trial preparation of an attorney.	6870

(5) "Intellectual property record" means a record, other than	6871
a financial or administrative record, that is produced or	6872
collected by or for faculty or staff of a state institution of	6873
higher learning in the conduct of or as a result of study or	6874
research on an educational, commercial, scientific, artistic,	6875
technical, or scholarly issue, regardless of whether the study or	6876
research was sponsored by the institution alone or in conjunction	6877
with a governmental body or private concern, and that has not been	6878
publicly released, published, or patented.	6879

(6) "Donor profile record" means all records about donors or	6880
potential donors to a public institution of higher education	6881
except the names and reported addresses of the actual donors and	6882
the date, amount, and conditions of the actual donation.	6883

(7) "Peace officer, parole officer, probation officer,	6884
bailiff, prosecuting attorney, assistant prosecuting attorney,	6885
correctional employee, community-based correctional facility	6886
employee, youth services employee, firefighter, EMT, or	6887
investigator of the bureau of criminal identification and	6888
investigation residential and familial information" means any	6889
information that discloses any of the following about a peace	6890
officer, parole officer, probation officer, bailiff, prosecuting	6891
attorney, assistant prosecuting attorney, correctional employee,	6892
community-based correctional facility employee, youth services	6893
employee, firefighter, EMT, or investigator of the bureau of	6894
criminal identification and investigation:	6895

(a) The address of the actual personal residence of a peace	6896
officer, parole officer, probation officer, bailiff, assistant	6897
prosecuting attorney, correctional employee, community-based	6898
correctional facility employee, youth services employee,	6899
firefighter, EMT, or an investigator of the bureau of criminal	6900
identification and investigation, except for the state or	6901
political subdivision in which the peace officer, parole officer,	6902
probation officer, bailiff, assistant prosecuting attorney,	6903
correctional employee, community-based correctional facility	6904
employee, youth services employee, firefighter, EMT, or	6905
investigator of the bureau of criminal identification and	6906
investigation resides;	6907

(b) Information compiled from referral to or participation in	6908
an employee assistance program;	6909

(c) The social security number, the residential telephone	6910
number, any bank account, debit card, charge card, or credit card	6911
number, or the emergency telephone number of, or any medical	6912
information pertaining to, a peace officer, parole officer,	6913
probation officer, bailiff, prosecuting attorney, assistant	6914
prosecuting attorney, correctional employee, community-based	6915
correctional facility employee, youth services employee,	6916
firefighter, EMT, or investigator of the bureau of criminal	6917
identification and investigation;	6918

(d) The name of any beneficiary of employment benefits,	6919
including, but not limited to, life insurance benefits, provided	6920
to a peace officer, parole officer, probation officer, bailiff,	6921
prosecuting attorney, assistant prosecuting attorney, correctional	6922
employee, community-based correctional facility employee, youth	6923
services employee, firefighter, EMT, or investigator of the bureau	6924
of criminal identification and investigation by the peace	6925
officer's, parole officer's, probation officer's, bailiff's,	6926
prosecuting attorney's, assistant prosecuting attorney's,	6927
correctional employee's, community-based correctional facility	6928
employee's, youth services employee's, firefighter's, EMT's, or	6929
investigator of the bureau of criminal identification and	6930
investigation's employer;	6931

(e) The identity and amount of any charitable or employment	6932
benefit deduction made by the peace officer's, parole officer's,	6933
probation officer's, bailiff's, prosecuting attorney's, assistant	6934
prosecuting attorney's, correctional employee's, community-based	6935
correctional facility employee's, youth services employee's,	6936
firefighter's, EMT's, or investigator of the bureau of criminal	6937
identification and investigation's employer from the peace	6938
officer's, parole officer's, probation officer's, bailiff's,	6939
prosecuting attorney's, assistant prosecuting attorney's,	6940
correctional employee's, community-based correctional facility	6941
employee's, youth services employee's, firefighter's, EMT's, or	6942
investigator of the bureau of criminal identification and	6943
investigation's compensation unless the amount of the deduction is	6944
required by state or federal law;	6945

(f) The name, the residential address, the name of the	6946
employer, the address of the employer, the social security number,	6947
the residential telephone number, any bank account, debit card,	6948
charge card, or credit card number, or the emergency telephone	6949
number of the spouse, a former spouse, or any child of a peace	6950
officer, parole officer, probation officer, bailiff, prosecuting	6951
attorney, assistant prosecuting attorney, correctional employee,	6952
community-based correctional facility employee, youth services	6953
employee, firefighter, EMT, or investigator of the bureau of	6954
criminal identification and investigation;	6955

(g) A photograph of a peace officer who holds a position or	6956
has an assignment that may include undercover or plain clothes	6957
positions or assignments as determined by the peace officer's	6958
appointing authority.	6959

As used in divisions (A)(7) and (B)(9) of this section,	6960
"peace officer" has the same meaning as in section 109.71 of the	6961
Revised Code and also includes the superintendent and troopers of	6962
the state highway patrol; it does not include the sheriff of a	6963
county or a supervisory employee who, in the absence of the	6964
sheriff, is authorized to stand in for, exercise the authority of,	6965
and perform the duties of the sheriff.	6966

As used in divisions (A)(7) and (B)(5) of this section,	6967
"correctional employee" means any employee of the department of	6968
rehabilitation and correction who in the course of performing the	6969
employee's job duties has or has had contact with inmates and	6970
persons under supervision.	6971

As used in divisions (A)(7) and (B)(5) of this section,	6972
"youth services employee" means any employee of the department of	6973
youth services who in the course of performing the employee's job	6974
duties has or has had contact with children committed to the	6975
custody of the department of youth services.	6976

As used in divisions (A)(7) and (B)(9) of this section,	6977
"firefighter" means any regular, paid or volunteer, member of a	6978
lawfully constituted fire department of a municipal corporation,	6979
township, fire district, or village.	6980

As used in divisions (A)(7) and (B)(9) of this section, "EMT"	6981
means EMTs-basic, EMTs-I, and paramedics that provide emergency	6982
medical services for a public emergency medical service	6983
organization. "Emergency medical service organization,"	6984
"EMT-basic," "EMT-I," and "paramedic" have the same meanings as in	6985
section 4765.01 of the Revised Code.	6986

As used in divisions (A)(7) and (B)(9) of this section,	6987
"investigator of the bureau of criminal identification and	6988
investigation" has the meaning defined in section 2903.11 of the	6989
Revised Code.	6990

(8) "Information pertaining to the recreational activities of	6991
a person under the age of eighteen" means information that is kept	6992
in the ordinary course of business by a public office, that	6993
pertains to the recreational activities of a person under the age	6994
of eighteen years, and that discloses any of the following:	6995

(a) The address or telephone number of a person under the age	6996
of eighteen or the address or telephone number of that person's	6997
parent, guardian, custodian, or emergency contact person;	6998

(b) The social security number, birth date, or photographic	6999
image of a person under the age of eighteen;	7000

(c) Any medical record, history, or information pertaining to	7001
a person under the age of eighteen;	7002

(d) Any additional information sought or required about a	7003
person under the age of eighteen for the purpose of allowing that	7004
person to participate in any recreational activity conducted or	7005
sponsored by a public office or to use or obtain admission	7006
privileges to any recreational facility owned or operated by a	7007
public office.	7008

(9) "Community control sanction" has the same meaning as in	7009
section 2929.01 of the Revised Code.	7010

(10) "Post-release control sanction" has the same meaning as	7011
in section 2967.01 of the Revised Code.	7012

(11) "Redaction" means obscuring or deleting any information	7013
that is exempt from the duty to permit public inspection or	7014
copying from an item that otherwise meets the definition of a	7015
"record" in section 149.011 of the Revised Code.	7016

(12) "Designee" and "elected official" have the same meanings	7017
as in section 109.43 of the Revised Code.	7018

(B)(1) Upon request and subject to division (B)(8) of this	7019
section, all public records responsive to the request shall be	7020
promptly prepared and made available for inspection to any person	7021
at all reasonable times during regular business hours. Subject to	7022
division (B)(8) of this section, upon request, a public office or	7023
person responsible for public records shall make copies of the	7024
requested public record available at cost and within a reasonable	7025
period of time. If a public record contains information that is	7026
exempt from the duty to permit public inspection or to copy the	7027
public record, the public office or the person responsible for the	7028
public record shall make available all of the information within	7029
the public record that is not exempt. When making that public	7030
record available for public inspection or copying that public	7031
record, the public office or the person responsible for the public	7032
record shall notify the requester of any redaction or make the	7033
redaction plainly visible. A redaction shall be deemed a denial of	7034
a request to inspect or copy the redacted information, except if	7035
federal or state law authorizes or requires a public office to	7036
make the redaction.	7037

(2) To facilitate broader access to public records, a public	7038
office or the person responsible for public records shall organize	7039
and maintain public records in a manner that they can be made	7040
available for inspection or copying in accordance with division	7041
(B) of this section. A public office also shall have available a	7042
copy of its current records retention schedule at a location	7043
readily available to the public. If a requester makes an ambiguous	7044
or overly broad request or has difficulty in making a request for	7045
copies or inspection of public records under this section such	7046
that the public office or the person responsible for the requested	7047
public record cannot reasonably identify what public records are	7048
being requested, the public office or the person responsible for	7049
the requested public record may deny the request but shall provide	7050
the requester with an opportunity to revise the request by	7051
informing the requester of the manner in which records are	7052
maintained by the public office and accessed in the ordinary	7053
course of the public office's or person's duties.	7054

(3) If a request is ultimately denied, in part or in whole,	7055
the public office or the person responsible for the requested	7056
public record shall provide the requester with an explanation,	7057
including legal authority, setting forth why the request was	7058
denied. If the initial request was provided in writing, the	7059
explanation also shall be provided to the requester in writing.	7060
The explanation shall not preclude the public office or the person	7061
responsible for the requested public record from relying upon	7062
additional reasons or legal authority in defending an action	7063
commenced under division (C) of this section.	7064

(4) Unless specifically required or authorized by state or	7065
federal law or in accordance with division (B) of this section, no	7066
public office or person responsible for public records may limit	7067
or condition the availability of public records by requiring	7068
disclosure of the requester's identity or the intended use of the	7069
requested public record. Any requirement that the requester	7070
disclose the requestor's identity or the intended use of the	7071
requested public record constitutes a denial of the request.	7072

(5) A public office or person responsible for public records	7073
may ask a requester to make the request in writing, may ask for	7074
the requester's identity, and may inquire about the intended use	7075
of the information requested, but may do so only after disclosing	7076
to the requester that a written request is not mandatory and that	7077
the requester may decline to reveal the requester's identity or	7078
the intended use and when a written request or disclosure of the	7079
identity or intended use would benefit the requester by enhancing	7080
the ability of the public office or person responsible for public	7081
records to identify, locate, or deliver the public records sought	7082
by the requester.	7083

(6) If any person chooses to obtain a copy of a public record	7084
in accordance with division (B) of this section, the public office	7085
or person responsible for the public record may require that	7086
person to pay in advance the cost involved in providing the copy	7087
of the public record in accordance with the choice made by the	7088
person seeking the copy under this division. The public office or	7089
the person responsible for the public record shall permit that	7090
person to choose to have the public record duplicated upon paper,	7091
upon the same medium upon which the public office or person	7092
responsible for the public record keeps it, or upon any other	7093
medium upon which the public office or person responsible for the	7094
public record determines that it reasonably can be duplicated as	7095
an integral part of the normal operations of the public office or	7096
person responsible for the public record. When the person seeking	7097
the copy makes a choice under this division, the public office or	7098
person responsible for the public record shall provide a copy of	7099
it in accordance with the choice made by the person seeking the	7100
copy. Nothing in this section requires a public office or person	7101
responsible for the public record to allow the person seeking a	7102
copy of the public record to make the copies of the public record.	7103

(7) Upon a request made in accordance with division (B) of	7104
this section and subject to division (B)(6) of this section, a	7105
public office or person responsible for public records shall	7106
transmit a copy of a public record to any person by United States	7107
mail or by any other means of delivery or transmission within a	7108
reasonable period of time after receiving the request for the	7109
copy. The public office or person responsible for the public	7110
record may require the person making the request to pay in advance	7111
the cost of postage if the copy is transmitted by United States	7112
mail or the cost of delivery if the copy is transmitted other than	7113
by United States mail, and to pay in advance the costs incurred	7114
for other supplies used in the mailing, delivery, or transmission.	7115

Any public office may adopt a policy and procedures that it	7116
will follow in transmitting, within a reasonable period of time	7117
after receiving a request, copies of public records by United	7118
States mail or by any other means of delivery or transmission	7119
pursuant to this division. A public office that adopts a policy	7120
and procedures under this division shall comply with them in	7121
performing its duties under this division.	7122

In any policy and procedures adopted under this division, a	7123
public office may limit the number of records requested by a	7124
person that the office will transmit by United States mail to ten	7125
per month, unless the person certifies to the office in writing	7126
that the person does not intend to use or forward the requested	7127
records, or the information contained in them, for commercial	7128
purposes. For purposes of this division, "commercial" shall be	7129
narrowly construed and does not include reporting or gathering	7130
news, reporting or gathering information to assist citizen	7131
oversight or understanding of the operation or activities of	7132
government, or nonprofit educational research.	7133

(8) A public office or person responsible for public records	7134
is not required to permit a person who is incarcerated pursuant to	7135
a criminal conviction or a juvenile adjudication to inspect or to	7136
obtain a copy of any public record concerning a criminal	7137
investigation or prosecution or concerning what would be a	7138
criminal investigation or prosecution if the subject of the	7139
investigation or prosecution were an adult, unless the request to	7140
inspect or to obtain a copy of the record is for the purpose of	7141
acquiring information that is subject to release as a public	7142
record under this section and the judge who imposed the sentence	7143
or made the adjudication with respect to the person, or the	7144
judge's successor in office, finds that the information sought in	7145
the public record is necessary to support what appears to be a	7146
justiciable claim of the person.	7147

(9)(a) Upon written request made and signed by a journalist	7148
on or after December 16, 1999, a public office, or person	7149
responsible for public records, having custody of the records of	7150
the agency employing a specified peace officer, parole officer,	7151
probation officer, bailiff, prosecuting attorney, assistant	7152
prosecuting attorney, correctional employee, community-based	7153
correctional facility employee, youth services employee,	7154
firefighter, EMT, or investigator of the bureau of criminal	7155
identification and investigation shall disclose to the journalist	7156
the address of the actual personal residence of the peace officer,	7157
parole officer, probation officer, bailiff, prosecuting attorney,	7158
assistant prosecuting attorney, correctional employee,	7159
community-based correctional facility employee, youth services	7160
employee, firefighter, EMT, or investigator of the bureau of	7161
criminal identification and investigation and, if the peace	7162
officer's, parole officer's, probation officer's, bailiff's,	7163
prosecuting attorney's, assistant prosecuting attorney's,	7164
correctional employee's, community-based correctional facility	7165
employee's, youth services employee's, firefighter's, EMT's, or	7166
investigator of the bureau of criminal identification and	7167
investigation's spouse, former spouse, or child is employed by a	7168
public office, the name and address of the employer of the peace	7169
officer's, parole officer's, probation officer's, bailiff's,	7170
prosecuting attorney's, assistant prosecuting attorney's,	7171
correctional employee's, community-based correctional facility	7172
employee's, youth services employee's, firefighter's, EMT's, or	7173
investigator of the bureau of criminal identification and	7174
investigation's spouse, former spouse, or child. The request shall	7175
include the journalist's name and title and the name and address	7176
of the journalist's employer and shall state that disclosure of	7177
the information sought would be in the public interest.	7178

(b) Division (B)(9)(a) of this section also applies to	7179
journalist requests for customer information maintained by a	7180
municipally owned or operated public utility, other than social	7181
security numbers and any private financial information such as	7182
credit reports, payment methods, credit card numbers, and bank	7183
account information.	7184

(c) As used in division (B)(9) of this section, "journalist"	7185
means a person engaged in, connected with, or employed by any news	7186
medium, including a newspaper, magazine, press association, news	7187
agency, or wire service, a radio or television station, or a	7188
similar medium, for the purpose of gathering, processing,	7189
transmitting, compiling, editing, or disseminating information for	7190
the general public.	7191

(C)(1) If a person allegedly is aggrieved by the failure of a	7192
public office or the person responsible for public records to	7193
promptly prepare a public record and to make it available to the	7194
person for inspection in accordance with division (B) of this	7195
section or by any other failure of a public office or the person	7196
responsible for public records to comply with an obligation in	7197
accordance with division (B) of this section, the person allegedly	7198
aggrieved may commence a mandamus action to obtain a judgment that	7199
orders the public office or the person responsible for the public	7200
record to comply with division (B) of this section, that awards	7201
court costs and reasonable attorney's fees to the person that	7202
instituted the mandamus action, and, if applicable, that includes	7203
an order fixing statutory damages under division (C)(1) of this	7204
section. The mandamus action may be commenced in the court of	7205
common pleas of the county in which division (B) of this section	7206
allegedly was not complied with, in the supreme court pursuant to	7207
its original jurisdiction under Section 2 of Article IV, Ohio	7208
Constitution, or in the court of appeals for the appellate	7209
district in which division (B) of this section allegedly was not	7210
complied with pursuant to its original jurisdiction under Section	7211
3 of Article IV, Ohio Constitution.	7212

If a requestor transmits a written request by hand delivery	7213
or certified mail to inspect or receive copies of any public	7214
record in a manner that fairly describes the public record or	7215
class of public records to the public office or person responsible	7216
for the requested public records, except as otherwise provided in	7217
this section, the requestor shall be entitled to recover the	7218
amount of statutory damages set forth in this division if a court	7219
determines that the public office or the person responsible for	7220
public records failed to comply with an obligation in accordance	7221
with division (B) of this section.	7222

The amount of statutory damages shall be fixed at one hundred	7223
dollars for each business day during which the public office or	7224
person responsible for the requested public records failed to	7225
comply with an obligation in accordance with division (B) of this	7226
section, beginning with the day on which the requester files a	7227
mandamus action to recover statutory damages, up to a maximum of	7228
one thousand dollars. The award of statutory damages shall not be	7229
construed as a penalty, but as compensation for injury arising	7230
from lost use of the requested information. The existence of this	7231
injury shall be conclusively presumed. The award of statutory	7232
damages shall be in addition to all other remedies authorized by	7233
this section.	7234

The court may reduce an award of statutory damages or not	7235
award statutory damages if the court determines both of the	7236
following:	7237

(a) That, based on the ordinary application of statutory law	7238
and case law as it existed at the time of the conduct or	7239
threatened conduct of the public office or person responsible for	7240
the requested public records that allegedly constitutes a failure	7241
to comply with an obligation in accordance with division (B) of	7242
this section and that was the basis of the mandamus action, a	7243
well-informed public office or person responsible for the	7244
requested public records reasonably would believe that the conduct	7245
or threatened conduct of the public office or person responsible	7246
for the requested public records did not constitute a failure to	7247
comply with an obligation in accordance with division (B) of this	7248
section;	7249

(b) That a well-informed public office or person responsible	7250
for the requested public records reasonably would believe that the	7251
conduct or threatened conduct of the public office or person	7252
responsible for the requested public records would serve the	7253
public policy that underlies the authority that is asserted as	7254
permitting that conduct or threatened conduct.	7255

(2)(a) If the court issues a writ of mandamus that orders the	7256
public office or the person responsible for the public record to	7257
comply with division (B) of this section and determines that the	7258
circumstances described in division (C)(1) of this section exist,	7259
the court shall determine and award to the relator all court	7260
costs.	7261

(b) If the court renders a judgment that orders the public	7262
office or the person responsible for the public record to comply	7263
with division (B) of this section, the court may award reasonable	7264
attorney's fees subject to reduction as described in division	7265
(C)(2)(c) of this section. The court shall award reasonable	7266
attorney's fees, subject to reduction as described in division	7267
(C)(2)(c) of this section when either of the following applies:	7268

(i) The public office or the person responsible for the	7269
public records failed to respond affirmatively or negatively to	7270
the public records request in accordance with the time allowed	7271
under division (B) of this section.	7272

(ii) The public office or the person responsible for the	7273
public records promised to permit the relator to inspect or	7274
receive copies of the public records requested within a specified	7275
period of time but failed to fulfill that promise within that	7276
specified period of time.	7277

(c) Court costs and reasonable attorney's fees awarded under	7278
this section shall be construed as remedial and not punitive.	7279
Reasonable attorney's fees shall include reasonable fees incurred	7280
to produce proof of the reasonableness and amount of the fees and	7281
to otherwise litigate entitlement to the fees. The court may	7282
reduce an award of attorney's fees to the relator or not award	7283
attorney's fees to the relator if the court determines both of the	7284
following:	7285

(i) That, based on the ordinary application of statutory law	7286
and case law as it existed at the time of the conduct or	7287
threatened conduct of the public office or person responsible for	7288
the requested public records that allegedly constitutes a failure	7289
to comply with an obligation in accordance with division (B) of	7290
this section and that was the basis of the mandamus action, a	7291
well-informed public office or person responsible for the	7292
requested public records reasonably would believe that the conduct	7293
or threatened conduct of the public office or person responsible	7294
for the requested public records did not constitute a failure to	7295
comply with an obligation in accordance with division (B) of this	7296
section;	7297

(ii) That a well-informed public office or person responsible	7298
for the requested public records reasonably would believe that the	7299
conduct or threatened conduct of the public office or person	7300
responsible for the requested public records as described in	7301
division (C)(2)(c)(i) of this section would serve the public	7302
policy that underlies the authority that is asserted as permitting	7303
that conduct or threatened conduct.	7304

(D) Chapter 1347. of the Revised Code does not limit the	7305
provisions of this section.	7306

(E)(1) To ensure that all employees of public offices are	7307
appropriately educated about a public office's obligations under	7308
division (B) of this section, all elected officials or their	7309
appropriate designees shall attend training approved by the	7310
attorney general as provided in section 109.43 of the Revised	7311
Code. In addition, all public offices shall adopt a public records	7312
policy in compliance with this section for responding to public	7313
records requests. In adopting a public records policy under this	7314
division, a public office may obtain guidance from the model	7315
public records policy developed and provided to the public office	7316
by the attorney general under section 109.43 of the Revised Code.	7317
Except as otherwise provided in this section, the policy may not	7318
limit the number of public records that the public office will	7319
make available to a single person, may not limit the number of	7320
public records that it will make available during a fixed period	7321
of time, and may not establish a fixed period of time before it	7322
will respond to a request for inspection or copying of public	7323
records, unless that period is less than eight hours.	7324

(2) The public office shall distribute the public records	7325
policy adopted by the public office under division (E)(1) of this	7326
section to the employee of the public office who is the records	7327
custodian or records manager or otherwise has custody of the	7328
records of that office. The public office shall require that	7329
employee to acknowledge receipt of the copy of the public records	7330
policy. The public office shall create a poster that describes its	7331
public records policy and shall post the poster in a conspicuous	7332
place in the public office and in all locations where the public	7333
office has branch offices. The public office may post its public	7334
records policy on the internet web site of the public office if	7335
the public office maintains an internet web site. A public office	7336
that has established a manual or handbook of its general policies	7337
and procedures for all employees of the public office shall	7338
include the public records policy of the public office in the	7339
manual or handbook.	7340

(F)(1) The bureau of motor vehicles may adopt rules pursuant	7341
to Chapter 119. of the Revised Code to reasonably limit the number	7342
of bulk commercial special extraction requests made by a person	7343
for the same records or for updated records during a calendar	7344
year. The rules may include provisions for charges to be made for	7345
bulk commercial special extraction requests for the actual cost of	7346
the bureau, plus special extraction costs, plus ten per cent. The	7347
bureau may charge for expenses for redacting information, the	7348
release of which is prohibited by law.	7349

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

7350

(a) "Actual cost" means the cost of depleted supplies,	7351
records storage media costs, actual mailing and alternative	7352
delivery costs, or other transmitting costs, and any direct	7353
equipment operating and maintenance costs, including actual costs	7354
paid to private contractors for copying services.	7355

(b) "Bulk commercial special extraction request" means a	7356
request for copies of a record for information in a format other	7357
than the format already available, or information that cannot be	7358
extracted without examination of all items in a records series,	7359
class of records, or data base by a person who intends to use or	7360
forward the copies for surveys, marketing, solicitation, or resale	7361
for commercial purposes. "Bulk commercial special extraction	7362
request" does not include a request by a person who gives	7363
assurance to the bureau that the person making the request does	7364
not intend to use or forward the requested copies for surveys,	7365
marketing, solicitation, or resale for commercial purposes.	7366

(c) "Commercial" means profit-seeking production, buying, or	7367
selling of any good, service, or other product.	7368

(d) "Special extraction costs" means the cost of the time	7369
spent by the lowest paid employee competent to perform the task,	7370
the actual amount paid to outside private contractors employed by	7371
the bureau, or the actual cost incurred to create computer	7372
programs to make the special extraction. "Special extraction	7373
costs" include any charges paid to a public agency for computer or	7374
records services.	7375

(3) For purposes of divisions (F)(1) and (2) of this section,	7376
"surveys, marketing, solicitation, or resale for commercial	7377
purposes" shall be narrowly construed and does not include	7378
reporting or gathering news, reporting or gathering information to	7379
assist citizen oversight or understanding of the operation or	7380
activities of government, or nonprofit educational research.	7381

Sec. 151.01. (A) As used in sections 151.01 to 151.11 and	7382
151.40 of the Revised Code and in the applicable bond proceedings	7383
unless otherwise provided:	7384

(1) "Bond proceedings" means the resolutions, orders,	7385
agreements, and credit enhancement facilities, and amendments and	7386
supplements to them, or any one or more or combination of them,	7387
authorizing, awarding, or providing for the terms and conditions	7388
applicable to or providing for the security or liquidity of, the	7389
particular obligations, and the provisions contained in those	7390
obligations.	7391

(2) "Bond service fund" means the respective bond service	7392
fund created by section 151.03, 151.04, 151.05, 151.06, 151.07,	7393
151.08, 151.09, 151.10, 151.11, or 151.40 of the Revised Code, and	7394
any accounts in that fund, including all moneys and investments,	7395
and earnings from investments, credited and to be credited to that	7396
fund and accounts as and to the extent provided in the applicable	7397
bond proceedings.	7398

(3) "Capital facilities" means capital facilities or projects	7399
as referred to in section 151.03, 151.04, 151.05, 151.06, 151.07,	7400
151.08, 151.09, 151.10, 151.11, or 151.40 of the Revised Code.	7401

(4) "Costs of capital facilities" means the costs of	7402
acquiring, constructing, reconstructing, rehabilitating,	7403
remodeling, renovating, enlarging, improving, equipping, or	7404
furnishing capital facilities, and of the financing of those	7405
costs. "Costs of capital facilities" includes, without limitation,	7406
and in addition to costs referred to in section 151.03, 151.04,	7407
151.05, 151.06, 151.07, 151.08, 151.09, 151.10, 151.11, or 151.40	7408
of the Revised Code, the cost of clearance and preparation of the	7409
site and of any land to be used in connection with capital	7410
facilities, the cost of any indemnity and surety bonds and	7411
premiums on insurance, all related direct administrative expenses	7412
and allocable portions of direct costs of the issuing authority,	7413
costs of engineering and architectural services, designs, plans,	7414
specifications, surveys, and estimates of cost, financing costs,	7415
interest on obligations, including but not limited to, interest	7416
from ~~their~~the date of their issuance to the time when interest is	7417
to be paid from sources other than proceeds of obligations,	7418
amounts necessary to establish any reserves as required by the	7419
bond proceedings, the reimbursement of all moneys advanced or	7420
applied by or borrowed from any person or governmental agency or	7421
entity for the payment of any item of costs of capital facilities,	7422
and all other expenses necessary or incident to planning or	7423
determining feasibility or practicability with respect to capital	7424
facilities, and such other expenses as may be necessary or	7425
incident to the acquisition, construction, reconstruction,	7426
rehabilitation, remodeling, renovation, enlargement, improvement,	7427
equipment, and furnishing of capital facilities, the financing of	7428
those costs, and the placing of the capital facilities in use and	7429
operation, including any one, part of, or combination of those	7430
classes of costs and expenses. For purposes of sections 122.085 to	7431
122.0820 of the Revised Code, "costs of capital facilities"	7432
includes "allowable costs" as defined in section 122.085 of the	7433
Revised Code.	7434

(5) "Credit enhancement facilities," "financing costs," and	7435
"interest" or "interest equivalent" have the same meanings as in	7436
section 133.01 of the Revised Code.	7437

(6) "Debt service" means principal, including any mandatory	7438
sinking fund or redemption requirements for retirement of	7439
obligations, interest and other accreted amounts, interest	7440
equivalent, and any redemption premium, payable on obligations. If	7441
not prohibited by the applicable bond proceedings, debt service	7442
may include costs relating to credit enhancement facilities that	7443
are related to and represent, or are intended to provide a source	7444
of payment of or limitation on, other debt service.	7445

(7) "Issuing authority" means the Ohio public facilities	7446
commission created in section 151.02 of the Revised Code for	7447
obligations issued under section 151.03, 151.04, 151.05, 151.07,	7448
151.08, 151.09, 151.10, or 151.11 of the Revised Code, or the	7449
treasurer of state, or the officer who by law performs the	7450
functions of that office, for obligations issued under section	7451
151.06 or 151.40 of the Revised Code.	7452

(8) "Net proceeds" means amounts received from the sale of	7453
obligations, excluding amounts used to refund or retire	7454
outstanding obligations, amounts required to be deposited into	7455
special funds pursuant to the applicable bond proceedings, and	7456
amounts to be used to pay financing costs.	7457

(9) "Obligations" means bonds, notes, or other evidences of	7458
obligation of the state, including any appertaining interest	7459
coupons, issued under Section 2k, 2l, 2m, 2n, 2o, 2p, 2q, or 15 of	7460
Article VIII, Ohio Constitution, and pursuant to sections 151.01	7461
to 151.11 or 151.40 of the Revised Code or other general assembly	7462
authorization.	7463

(10) "Principal amount" means the aggregate of the amount as	7464
stated or provided for in the applicable bond proceedings as the	7465
amount on which interest or interest equivalent on particular	7466
obligations is initially calculated. Principal amount does not	7467
include any premium paid to the state by the initial purchaser of	7468
the obligations. "Principal amount" of a capital appreciation	7469
bond, as defined in division (C) of section 3334.01 of the Revised	7470
Code, means its face amount, and "principal amount" of a zero	7471
coupon bond, as defined in division (J) of section 3334.01 of the	7472
Revised Code, means the discounted offering price at which the	7473
bond is initially sold to the public, disregarding any purchase	7474
price discount to the original purchaser, if provided for pursuant	7475
to the bond proceedings.	7476

(11) "Special funds" or "funds," unless the context indicates	7477
otherwise, means the bond service fund, and any other funds,	7478
including any reserve funds, created under the bond proceedings	7479
and stated to be special funds in those proceedings, including	7480
moneys and investments, and earnings from investments, credited	7481
and to be credited to the particular fund. Special funds do not	7482
include the school building program assistance fund created by	7483
section 3318.25 of the Revised Code, the higher education	7484
improvement fund created by division (F) of section 154.21 of the	7485
Revised Code, the higher education improvement taxable fund	7486
created by division (G) of section 154.21 of the Revised Code, the	7487
highway capital improvement bond fund created by section 5528.53	7488
of the Revised Code, the state parks and natural resources fund	7489
created by section 1557.02 of the Revised Code, the coal research	7490
and development fund created by section 1555.15 of the Revised	7491
Code, the clean Ohio conservation fund created by section 164.27	7492
of the Revised Code, the clean Ohio revitalization fund created by	7493
section 122.658 of the Revised Code, the job ready site	7494
development fund created by section 122.0820 of the Revised Code,	7495
the third frontier research and development fund created by	7496
section 184.19 of the Revised Code, the third frontier research	7497
and development taxable bond fund created by section 184.191 of	7498
the Revised Code, or other funds created by the bond proceedings	7499
that are not stated by those proceedings to be special funds.	7500

(B) Subject to Section 2l, 2m, 2n, 2o, 2p, 2q, or 15, and	7501
Section 17, of Article VIII, Ohio Constitution, the state, by the	7502
issuing authority, is authorized to issue and sell, as provided in	7503
sections 151.03 to 151.11 or 151.40 of the Revised Code, and in	7504
respective aggregate principal amounts as from time to time	7505
provided or authorized by the general assembly, general	7506
obligations of this state for the purpose of paying costs of	7507
capital facilities or projects identified by or pursuant to	7508
general assembly action.	7509

(C) Each issue of obligations shall be authorized by	7510
resolution or order of the issuing authority. The bond proceedings	7511
shall provide for or authorize the manner for determining the	7512
principal amount or maximum principal amount of obligations of an	7513
issue, the principal maturity or maturities, the interest rate or	7514
rates, the date of and the dates of payment of interest on the	7515
obligations, their denominations, and the place or places of	7516
payment of debt service which may be within or outside the state.	7517
Unless otherwise provided by law, the latest principal maturity	7518
may not be later than the earlier of the thirty-first day of	7519
December of the twenty-fifth calendar year after the year of	7520
issuance of the particular obligations or of the twenty-fifth	7521
calendar year after the year in which the original obligation to	7522
pay was issued or entered into. Sections 9.96, 9.98, 9.981, 9.982,	7523
and 9.983 of the Revised Code apply to obligations. The purpose of	7524
the obligations may be stated in the bond proceedings in general	7525
terms, such as, as applicable, "financing or assisting in the	7526
financing of projects as provided in Section 2l of Article VIII,	7527
Ohio Constitution," "financing or assisting in the financing of	7528
highway capital improvement projects as provided in Section 2m of	7529
Article VIII, Ohio Constitution," "paying costs of capital	7530
facilities for a system of common schools throughout the state as	7531
authorized by Section 2n of Article VIII, Ohio Constitution,"	7532
"paying costs of capital facilities for state-supported and	7533
state-assisted institutions of higher education as authorized by	7534
Section 2n of Article VIII, Ohio Constitution," "paying costs of	7535
coal research and development as authorized by Section 15 of	7536
Article VIII, Ohio Constitution," "financing or assisting in the	7537
financing of local subdivision capital improvement projects as	7538
authorized by Section 2m of Article VIII, Ohio Constitution,"	7539
"paying costs of conservation projects as authorized by Sections	7540
2o and 2q of Article VIII, Ohio Constitution," "paying costs of	7541
revitalization projects as authorized by Sections 2o and 2q of	7542
Article VIII, Ohio Constitution," "paying costs of preparing sites	7543
for industry, commerce, distribution, or research and development	7544
as authorized by Section 2p of Article VIII, Ohio Constitution,"	7545
or "paying costs of research and development as authorized by	7546
Section 2p of Article VIII, Ohio Constitution."	7547

(D) The issuing authority may appoint or provide for the	7548
appointment of paying agents, bond registrars, securities	7549
depositories, clearing corporations, and transfer agents, and may	7550
without need for any other approval retain or contract for the	7551
services of underwriters, investment bankers, financial advisers,	7552
accounting experts, marketing, remarketing, indexing, and	7553
administrative agents, other consultants, and independent	7554
contractors, including printing services, as are necessary in the	7555
judgment of the issuing authority to carry out the issuing	7556
authority's functions under this chapter. When the issuing	7557
authority is the Ohio public facilities commission, the issuing	7558
authority also may without need for any other approval retain or	7559
contract for the services of attorneys and other professionals for	7560
that purpose. Financing costs are payable, as may be provided in	7561
the bond proceedings, from the proceeds of the obligations, from	7562
special funds, or from other moneys available for the purpose.	7563

(E) The bond proceedings may contain additional provisions	7564
customary or appropriate to the financing or to the obligations or	7565
to particular obligations including, but not limited to,	7566
provisions for:	7567

(1) The redemption of obligations prior to maturity at the	7568
option of the state or of the holder or upon the occurrence of	7569
certain conditions, and at particular price or prices and under	7570
particular terms and conditions;	7571

(2) The form of and other terms of the obligations;

7572

(3) The establishment, deposit, investment, and application	7573
of special funds, and the safeguarding of moneys on hand or on	7574
deposit, in lieu of the applicability of provisions of Chapter	7575
131. or 135. of the Revised Code, but subject to any special	7576
provisions of sections 151.01 to 151.11 or 151.40 of the Revised	7577
Code with respect to the application of particular funds or	7578
moneys. Any financial institution that acts as a depository of any	7579
moneys in special funds or other funds under the bond proceedings	7580
may furnish indemnifying bonds or pledge securities as required by	7581
the issuing authority.	7582

(4) Any or every provision of the bond proceedings being	7583
binding upon the issuing authority and upon such governmental	7584
agency or entity, officer, board, commission, authority, agency,	7585
department, institution, district, or other person or body as may	7586
from time to time be authorized to take actions as may be	7587
necessary to perform all or any part of the duty required by the	7588
provision;	7589

(5) The maintenance of each pledge or instrument comprising	7590
part of the bond proceedings until the state has fully paid or	7591
provided for the payment of the debt service on the obligations or	7592
met other stated conditions;	7593

(6) In the event of default in any payments required to be	7594
made by the bond proceedings, or by any other agreement of the	7595
issuing authority made as part of a contract under which the	7596
obligations were issued or secured, including a credit enhancement	7597
facility, the enforcement of those payments by mandamus, a suit in	7598
equity, an action at law, or any combination of those remedial	7599
actions;	7600

(7) The rights and remedies of the holders or owners of	7601
obligations or of book-entry interests in them, and of third	7602
parties under any credit enhancement facility, and provisions for	7603
protecting and enforcing those rights and remedies, including	7604
limitations on rights of individual holders or owners;	7605

(8) The replacement of mutilated, destroyed, lost, or stolen	7606
obligations;	7607

(9) The funding, refunding, or advance refunding, or other	7608
provision for payment, of obligations that will then no longer be	7609
outstanding for purposes of this section or of the applicable bond	7610
proceedings;	7611

(10) Amendment of the bond proceedings;

7612

(11) Any other or additional agreements with the owners of	7613
obligations, and such other provisions as the issuing authority	7614
determines, including limitations, conditions, or qualifications,	7615
relating to any of the foregoing.	7616

(F) The great seal of the state or a facsimile of it may be	7617
affixed to or printed on the obligations. The obligations	7618
requiring execution by or for the issuing authority shall be	7619
signed as provided in the bond proceedings. Any obligations may be	7620
signed by the individual who on the date of execution is the	7621
authorized signer although on the date of these obligations that	7622
individual is not an authorized signer. In case the individual	7623
whose signature or facsimile signature appears on any obligation	7624
ceases to be an authorized signer before delivery of the	7625
obligation, that signature or facsimile is nevertheless valid and	7626
sufficient for all purposes as if that individual had remained the	7627
authorized signer until delivery.	7628

(G) Obligations are investment securities under Chapter 1308.	7629
of the Revised Code. Obligations may be issued in bearer or in	7630
registered form, registrable as to principal alone or as to both	7631
principal and interest, or both, or in certificated or	7632
uncertificated form, as the issuing authority determines.	7633
Provision may be made for the exchange, conversion, or transfer of	7634
obligations and for reasonable charges for registration, exchange,	7635
conversion, and transfer. Pending preparation of final	7636
obligations, the issuing authority may provide for the issuance of	7637
interim instruments to be exchanged for the final obligations.	7638

(H) Obligations may be sold at public sale or at private	7639
sale, in such manner, and at such price at, above or below par,	7640
all as determined by and provided by the issuing authority in the	7641
bond proceedings.	7642

(I) Except to the extent that rights are restricted by the	7643
bond proceedings, any owner of obligations or provider of a credit	7644
enhancement facility may by any suitable form of legal proceedings	7645
protect and enforce any rights relating to obligations or that	7646
facility under the laws of this state or granted by the bond	7647
proceedings. Those rights include the right to compel the	7648
performance of all applicable duties of the issuing authority and	7649
the state. Each duty of the issuing authority and that authority's	7650
officers, staff, and employees, and of each state entity or	7651
agency, or using district or using institution, and its officers,	7652
members, staff, or employees, undertaken pursuant to the bond	7653
proceedings, is hereby established as a duty of the entity or	7654
individual having authority to perform that duty, specifically	7655
enjoined by law and resulting from an office, trust, or station	7656
within the meaning of section 2731.01 of the Revised Code. The	7657
individuals who are from time to time the issuing authority,	7658
members or officers of the issuing authority, or those members'	7659
designees acting pursuant to section 151.02 of the Revised Code,	7660
or the issuing authority's officers, staff, or employees, are not	7661
liable in their personal capacities on any obligations or	7662
otherwise under the bond proceedings.	7663

(J)(1) Subject to Section 2k, 2l, 2m, 2n, 2o, 2p, 2q, or 15,	7664
and Section 17, of Article VIII, Ohio Constitution and sections	7665
151.01 to 151.11 or 151.40 of the Revised Code, the issuing	7666
authority may, in addition to the authority referred to in	7667
division (B) of this section, authorize and provide for the	7668
issuance of:	7669

(a) Obligations in the form of bond anticipation notes, and	7670
may provide for the renewal of those notes from time to time by	7671
the issuance of new notes. The holders of notes or appertaining	7672
interest coupons have the right to have debt service on those	7673
notes paid solely from the moneys and special funds that are or	7674
may be pledged to that payment, including the proceeds of bonds or	7675
renewal notes or both, as the issuing authority provides in the	7676
bond proceedings authorizing the notes. Notes may be additionally	7677
secured by covenants of the issuing authority to the effect that	7678
the issuing authority and the state will do all things necessary	7679
for the issuance of bonds or renewal notes in such principal	7680
amount and upon such terms as may be necessary to provide moneys	7681
to pay when due the debt service on the notes, and apply their	7682
proceeds to the extent necessary, to make full and timely payment	7683
of debt service on the notes as provided in the applicable bond	7684
proceedings. In the bond proceedings authorizing the issuance of	7685
bond anticipation notes the issuing authority shall set forth for	7686
the bonds anticipated an estimated schedule of annual principal	7687
payments the latest of which shall be no later than provided in	7688
division (C) of this section. While the notes are outstanding	7689
there shall be deposited, as shall be provided in the bond	7690
proceedings for those notes, from the sources authorized for	7691
payment of debt service on the bonds, amounts sufficient to pay	7692
the principal of the bonds anticipated as set forth in that	7693
estimated schedule during the time the notes are outstanding,	7694
which amounts shall be used solely to pay the principal of those	7695
notes or of the bonds anticipated.	7696

(b) Obligations for the refunding, including funding and	7697
retirement, and advance refunding with or without payment or	7698
redemption prior to maturity, of any obligations previously	7699
issued. Refunding obligations may be issued in amounts sufficient	7700
to pay or to provide for repayment of the principal amount,	7701
including principal amounts maturing prior to the redemption of	7702
the remaining prior obligations, any redemption premium, and	7703
interest accrued or to accrue to the maturity or redemption date	7704
or dates, payable on the prior obligations, and related financing	7705
costs and any expenses incurred or to be incurred in connection	7706
with that issuance and refunding. Subject to the applicable bond	7707
proceedings, the portion of the proceeds of the sale of refunding	7708
obligations issued under division (J)(1)(b) of this section to be	7709
applied to debt service on the prior obligations shall be credited	7710
to an appropriate separate account in the bond service fund and	7711
held in trust for the purpose by the issuing authority or by a	7712
corporate trustee. Obligations authorized under this division	7713
shall be considered to be issued for those purposes for which the	7714
prior obligations were issued.	7715

(2) Except as otherwise provided in sections 151.01 to 151.11	7716
or 151.40 of the Revised Code, bonds or notes authorized pursuant	7717
to division (J) of this section are subject to the provisions of	7718
those sections pertaining to obligations generally.	7719

(3) The principal amount of refunding or renewal obligations	7720
issued pursuant to division (J) of this section shall be in	7721
addition to the amount authorized by the general assembly as	7722
referred to in division (B) of the following sections: section	7723
151.03, 151.04, 151.05, 151.06, 151.07, 151.08, 151.09, 151.10,	7724
151.11, or 151.40 of the Revised Code.	7725

(K) Obligations are lawful investments for banks, savings and	7726
loan associations, credit union share guaranty corporations, trust	7727
companies, trustees, fiduciaries, insurance companies, including	7728
domestic for life and domestic not for life, trustees or other	7729
officers having charge of sinking and bond retirement or other	7730
special funds of the state and political subdivisions and taxing	7731
districts of this state, the sinking fund, the administrator of	7732
workers' compensation subject to the approval of the workers'	7733
compensation board, the state teachers retirement system, the	7734
public employees retirement system, the school employees	7735
retirement system, and the Ohio police and fire pension fund,	7736
notwithstanding any other provisions of the Revised Code or rules	7737
adopted pursuant to those provisions by any state agency with	7738
respect to investments by them, and are also acceptable as	7739
security for the repayment of the deposit of public moneys. The	7740
exemptions from taxation in Ohio as provided for in particular	7741
sections of the Ohio Constitution and section 5709.76 of the	7742
Revised Code apply to the obligations.	7743

(L)(1) Unless otherwise provided or provided for in any	7744
applicable bond proceedings, moneys to the credit of or in a	7745
special fund shall be disbursed on the order of the issuing	7746
authority. No such order is required for the payment, from the	7747
bond service fund or other special fund, when due of debt service	7748
or required payments under credit enhancement facilities.	7749

(2) Payments received by the state under interest rate hedges	7750
entered into as credit enhancement facilities under this chapter	7751
shall be deposited to the credit of the bond service fund for the	7752
obligations to which those credit enhancement facilities relate.	7753

(M) The full faith and credit, revenue, and taxing power of	7754
the state are and shall be pledged to the timely payment of debt	7755
service on outstanding obligations as it comes due, all in	7756
accordance with Section 2k, 2l, 2m, 2n, 2o, 2p, 2q, or 15 of	7757
Article VIII, Ohio Constitution, and section 151.03, 151.04,	7758
151.05, 151.06, 151.07, 151.08, 151.09, 151.10, or 151.11 of the	7759
Revised Code. Moneys referred to in Section 5a of Article XII,	7760
Ohio Constitution, may not be pledged or used for the payment of	7761
debt service except on obligations referred to in section 151.06	7762
of the Revised Code. Net state lottery proceeds, as provided for	7763
and referred to in section 3770.06 of the Revised Code, may not be	7764
pledged or used for the payment of debt service except on	7765
obligations referred to in section 151.03 of the Revised Code. The	7766
state covenants, and that covenant shall be controlling	7767
notwithstanding any other provision of law, that the state and the	7768
applicable officers and agencies of the state, including the	7769
general assembly, shall, so long as any obligations are	7770
outstanding in accordance with their terms, maintain statutory	7771
authority for and cause to be levied, collected and applied	7772
sufficient pledged excises, taxes, and revenues of the state so	7773
that the revenues shall be sufficient in amounts to pay debt	7774
service when due, to establish and maintain any reserves and other	7775
requirements, and to pay financing costs, including costs of or	7776
relating to credit enhancement facilities, all as provided for in	7777
the bond proceedings. Those excises, taxes, and revenues are and	7778
shall be deemed to be levied and collected, in addition to the	7779
purposes otherwise provided for by law, to provide for the payment	7780
of debt service and financing costs in accordance with sections	7781
151.01 to 151.11 of the Revised Code and the bond proceedings.	7782

(N) The general assembly may from time to time repeal or	7783
reduce any excise, tax, or other source of revenue pledged to the	7784
payment of the debt service pursuant to Section 2k, 2l, 2m, 2n,	7785
2o, 2p, 2q, or 15 of Article VIII, Ohio Constitution, and sections	7786
151.01 to 151.11 or 151.40 of the Revised Code, and may levy,	7787
collect and apply any new or increased excise, tax, or revenue to	7788
meet the pledge, to the payment of debt service on outstanding	7789
obligations, of the state's full faith and credit, revenue and	7790
taxing power, or of designated revenues and receipts, except fees,	7791
excises or taxes referred to in Section 5a of Article XII, Ohio	7792
Constitution, for other than obligations referred to in section	7793
151.06 of the Revised Code and except net state lottery proceeds	7794
for other than obligations referred to in section 151.03 of the	7795
Revised Code. Nothing in division (N) of this section authorizes	7796
any impairment of the obligation of this state to levy and collect	7797
sufficient excises, taxes, and revenues to pay debt service on	7798
obligations outstanding in accordance with their terms.	7799

(O) Each bond service fund is a trust fund and is hereby	7800
pledged to the payment of debt service on the applicable	7801
obligations. Payment of that debt service shall be made or	7802
provided for by the issuing authority in accordance with the bond	7803
proceedings without necessity for any act of appropriation. The	7804
bond proceedings may provide for the establishment of separate	7805
accounts in the bond service fund and for the application of those	7806
accounts only to debt service on specific obligations, and for	7807
other accounts in the bond service fund within the general	7808
purposes of that fund.	7809

(P) Subject to the bond proceedings pertaining to any	7810
obligations then outstanding in accordance with their terms, the	7811
issuing authority may in the bond proceedings pledge all, or such	7812
portion as the issuing authority determines, of the moneys in the	7813
bond service fund to the payment of debt service on particular	7814
obligations, and for the establishment and maintenance of any	7815
reserves for payment of particular debt service.	7816

(Q) The issuing authority shall by the fifteenth day of July	7817
of each fiscal year, certify or cause to be certified to the	7818
office of budget and management the total amount of moneys	7819
required during the current fiscal year to meet in full all debt	7820
service on the respective obligations and any related financing	7821
costs payable from the applicable bond service fund and not from	7822
the proceeds of refunding or renewal obligations. The issuing	7823
authority shall make or cause to be made supplemental	7824
certifications to the office of budget and management for each	7825
debt service payment date and at such other times during each	7826
fiscal year as may be provided in the bond proceedings or	7827
requested by that office. Debt service, costs of credit	7828
enhancement facilities, and other financing costs shall be set	7829
forth separately in each certification. If and so long as the	7830
moneys to the credit of the bond service fund, together with any	7831
other moneys available for the purpose, are insufficient to meet	7832
in full all payments when due of the amount required as stated in	7833
the certificate or otherwise, the office of budget and management	7834
shall at the times as provided in the bond proceedings, and	7835
consistent with any particular provisions in sections 151.03 to	7836
151.11 and 151.40 of the Revised Code, transfer a sufficient	7837
amount to the bond service fund from the pledged revenues in the	7838
case of obligations issued pursuant to section 151.40 of the	7839
Revised Code, and in the case of other obligations from the	7840
revenues derived from excises, taxes, and other revenues,	7841
including net state lottery proceeds in the case of obligations	7842
referred to in section 151.03 of the Revised Code.	7843

(R) Unless otherwise provided in any applicable bond	7844
proceedings, moneys to the credit of special funds may be invested	7845
by or on behalf of the state only in one or more of the following:	7846

(1) Notes, bonds, or other direct obligations of the United	7847
States or of any agency or instrumentality of the United States,	7848
or in no-front-end-load money market mutual funds consisting	7849
exclusively of those obligations, or in repurchase agreements,	7850
including those issued by any fiduciary, secured by those	7851
obligations, or in collective investment funds consisting	7852
exclusively of those obligations;	7853

(2) Obligations of this state or any political subdivision of	7854
this state;	7855

(3) Certificates of deposit of any national bank located in	7856
this state and any bank, as defined in section 1101.01 of the	7857
Revised Code, subject to inspection by the superintendent of	7858
financial institutions;	7859

(4) The treasurer of state's pooled investment program under	7860
section 135.45 of the Revised Code.	7861

The income from investments referred to in division (R) of	7862
this section shall, unless otherwise provided in sections 151.01	7863
to 151.11 or 151.40 of the Revised Code, be credited to special	7864
funds or otherwise as the issuing authority determines in the bond	7865
proceedings. Those investments may be sold or exchanged at times	7866
as the issuing authority determines, provides for, or authorizes.	7867

(S) The treasurer of state shall have responsibility for	7868
keeping records, making reports, and making payments, relating to	7869
any arbitrage rebate requirements under the applicable bond	7870
proceedings.	7871

Sec. 152.18. Whenever the Ohio building authority	7872
constructs, reconstructs, rehabilitates, remodels, renovates,	7873
enlarges, improves, alters, maintains, equips, furnishes, repairs,	7874
paints, or decorates capital facilities pursuant to section	7875
152.19, 152.21, or 152.31 of the Revised Code or buildings,	7876
facilities, and other properties for use and occupancy of persons	7877
pursuant to section 152.04 of the Revised Code, the authority	7878
shall make the necessary plans and specifications, and shall	7879
advertise for bids for all work to be placed under contract once a	7880
week for two consecutive weeks in a newspaper of general	7881
circulation in the county within which the work is to be done, and	7882
shall award the contract to the lowest responsive and responsible	7883
bidder in accordance with section 9.312 of the Revised Code. When	7884
the authority determines, subject to approval by the controlling	7885
board, that a real and present emergency exists or if the cost of	7886
such a contract does not exceed fifty thousand dollars, such a	7887
contract may be awarded without advertising and receipt of bids. A	7888
bid guaranty pursuant to sections 153.54 to 153.571 of the Revised	7889
Code shall be required for any contract under this section.	7890

In all other cases of capital facilities financed by the	7891
authority, the construction, reconstruction, ~~rehabilitation,~~	7892
~~remodeling, renovation,~~ enlargement, improvement, alteration,	7893
~~maintenance, equipping, furnishing,~~ repair, painting, or	7894
decoration of capital facilities by or for the state or any	7895
governmental entity shall be the responsibility of the ~~department~~	7896
~~of administrative services~~Ohio facilities construction commission	7897
or, with the consent of the ~~department of administrative services~~	7898
Ohio facilities construction commission, shall be the	7899
responsibility of the state agency using the capital facility, or	7900
the governmental entity with which a state agency is participating	7901
pursuant to section 152.33 of the Revised Code, and shall be	7902
undertaken by the ~~department~~commission in compliance with Chapter	7903
153. of the Revised Code, or by such state agency or governmental	7904
entity in accordance with otherwise applicable law. The	7905
rehabilitation, remodeling, renovation, maintenance, equipping, or	7906
furnishing of capital facilities by or for the state or any	7907
governmental entity shall be the responsibility of the department	7908
of administrative services or, with the consent of the department,	7909
the state agency or other governmental entity that is using the	7910
capital facility.	7911

Sec. 152.24. (A) Except as otherwise provided with respect	7912
to leasing of capital facilities in sections 152.241, 152.242,	7913
152.31, and 152.33 of the Revised Code, the department of	7914
administrative services or, with the consent of the department of	7915
administrative services, the state agency using an office facility	7916
and related storage and parking facilities, or participating in	7917
such facilities pursuant to section 152.33 of the Revised Code,	7918
shall lease any office facility and related storage and parking	7919
facility acquired, purchased, constructed, reconstructed,	7920
rehabilitated, remodeled, renovated, enlarged, improved, altered,	7921
operated, maintained, equipped, furnished, repaired, painted,	7922
decorated, or financed by the Ohio building authority for housing	7923
any state agencies. An agreement between the authority and the	7924
department of administrative services or such using or	7925
participating agency may provide for the transfer of the property	7926
to the state after bonds and notes issued by the authority for the	7927
purpose of the acquisition, purchase, construction,	7928
reconstruction, rehabilitation, remodeling, renovation,	7929
enlargement, improvement, alteration, equipping, furnishing,	7930
repair, painting, decorating, or financing of such building or	7931
facility have been repaid. A lease between the authority and the	7932
department of administrative services or a using or participating	7933
agency shall be for a period not exceeding the then current	7934
two-year period for which appropriations have been made by the	7935
general assembly to the department of administrative services and	7936
the state agencies which will occupy or participate in the office	7937
facility and related storage and parking facility being leased,	7938
and such lease may contain such other terms as the department of	7939
administrative services, or a using or participating agency, and	7940
the authority agree notwithstanding any other provision of law,	7941
including provision that rental payments in amounts at least	7942
sufficient to pay bond service charges payable during the current	7943
two-year lease term shall be an absolute and unconditional	7944
obligation of the department of administrative services, or the	7945
using or participating agency, independent of all other duties	7946
under the lease without setoff or deduction or any other similar	7947
rights or defenses. Such an agreement may provide for renewal of a	7948
lease at the end of each term for another term, not exceeding two	7949
years, provided that no renewal shall be effective until the	7950
effective date of an appropriation enacted by the general assembly	7951
from which the department of administrative services, or the using	7952
or participating agency, may lawfully pay rentals under such	7953
lease. For purposes of this section, the term "lease" may include,	7954
without limitation, any agreement between the department of	7955
administrative services, or the using or participating agency, and	7956
the authority with respect to any costs of capital facilities to	7957
be incurred prior to land acquisition.	7958

(B) If the director of administrative services or the	7959
director of a state agency using or participating in an office	7960
facility and related storage and parking facility certifies that	7961
space in such facility acquired, purchased, constructed,	7962
reconstructed, rehabilitated, remodeled, renovated, enlarged,	7963
improved, altered, operated, maintained, equipped, furnished,	7964
repaired, painted, decorated, or financed by the authority has	7965
become unnecessary for state use, the authority may lease any	7966
excess space in such facility and related storage and parking	7967
facility to any governmental entity.	7968

(C) If space in any office facility leased by the authority	7969
to the department of administrative services is not immediately	7970
necessary for state use, the department of administrative services	7971
may exercise its authority under division (A)~~(9)~~(5) of section	7972
123.01 of the Revised Code with respect to such space.	7973

(D) Capital facilities acquired, purchased, constructed,	7974
reconstructed, rehabilitated, remodeled, renovated, enlarged,	7975
improved, altered, operated, maintained, equipped, furnished,	7976
repaired, painted, decorated, or financed by the Ohio building	7977
authority, other than any office facility and related storage and	7978
parking facility required to be leased pursuant to division (A) of	7979
this section, shall be leased to the department of administrative	7980
services, the state agency using the capital facilities, or the	7981
state agency participating in the capital facilities pursuant to	7982
section 152.33 of the Revised Code. The department of	7983
administrative services or the using or participating state agency	7984
may sublease such capital facilities to other state agencies or	7985
other governmental entities. Such parties, including other state	7986
agencies or state-supported or state-assisted institutions of	7987
higher education, may make other agreements for the use,	7988
construction, or operation of such capital facilities in any	7989
manner permitted by the lease or agreement with the authority and	7990
for the charging, collection, and deposit of such revenues and	7991
receipts of the using or participating state agency constituting	7992
available receipts, all upon such terms and conditions as the	7993
parties may agree upon and pursuant to this chapter	7994
notwithstanding other provisions of law affecting the leasing,	7995
acquisition, operation, or disposition of capital facilities by	7996
such parties. Any such lease between the authority and the	7997
department of administrative services or a using or participating	7998
state agency shall be for a period not to exceed the then current	7999
two-year period for which appropriations have been made by the	8000
general assembly to the department of administrative services or	8001
such using or participating state agency. The lease between the	8002
authority and the department of administrative services or the	8003
using or participating state agency may provide for renewal of the	8004
lease at the end of each term for another term, not exceeding two	8005
years, but no renewal shall be effective until the effective date	8006
of an appropriation enacted by the general assembly from which the	8007
department of administrative services or the using or	8008
participating state agency may lawfully pay rentals under such	8009
lease. Any such leases, subleases, or agreements may set forth the	8010
responsibilities of the authority, state agencies,	8011
state-supported, or state-assisted institutions of higher	8012
education, or other governmental entities as to the financing,	8013
assessment, planning, acquisition, purchase, construction,	8014
reconstruction, rehabilitation, remodeling, renovation,	8015
enlargement, improvement, alteration, subleasing, management,	8016
operation, maintenance, equipping, furnishing, repair, painting,	8017
decorating, and insuring of such capital facilities and other	8018
terms and conditions applicable thereto, and any other provisions	8019
mutually agreed upon for the purposes of this chapter. Promptly	8020
upon execution thereof, a signed or conformed copy of each such	8021
lease or sublease or agreement, and any supplement thereto,	8022
between the authority and a governmental entity shall be filed by	8023
the authority with the department of administrative services and	8024
the director of budget and management, and, promptly upon	8025
execution thereof, a signed or conformed copy of each such	8026
sublease or agreement between two governmental entities, not	8027
including the authority, shall be filed with the authority and the	8028
director of budget and management. For purposes of this section,	8029
the term "lease" may include, without limitation, any agreement	8030
between the department of administrative services or the state	8031
agency using or participating in such capital facilities and the	8032
authority with respect to any costs of capital facilities to be	8033
incurred prior to land acquisition.	8034

(E) The transfer of tangible personal property by lease under	8035
authority of this chapter is not a sale as used in Chapter 5739.	8036
of the Revised Code. Any agreement of a governmental entity to	8037
make rental, use, or other payments or payment of purchase price,	8038
in installments or otherwise, or repayments to or on account of	8039
the authority and the obligations issued by the authority, shall	8040
not be deemed to constitute indebtedness, bonded or otherwise, or	8041
bonds, notes, or other evidence of indebtedness of such	8042
governmental entity for the purpose of Chapter 133. of the Revised	8043
Code or any other purpose; such leases and agreements requiring	8044
payments beyond the current fiscal year are continuing contracts	8045
for the purposes of sections 5705.41 and 5705.44 of the Revised	8046
Code.	8047

(F) Any agreement between the department of administrative	8048
services or the state agency using or participating in such	8049
capital facilities and the authority that includes provision for	8050
the use of space by such using or participating state agency or	8051
the department of administrative services, even if executed prior	8052
to land acquisition or completion of construction, improvements,	8053
or financing, shall be a lease for purposes of this chapter and	8054
for all other purposes. No such lease need be recorded or	8055
recordable for purposes of determining its validity or legal	8056
sufficiency.	8057

Sec. 153.01. (A) Whenever any building or structure for the	8058
use of the state or any institution supported in whole or in part	8059
by the state or in or upon the public works of the state that is	8060
administered by the ~~director of administrative services~~Ohio	8061
facilities construction commission or by any other state officer	8062
or state agency authorized by law to administer a project,	8063
including an educational institution listed in section 3345.50 of	8064
the Revised Code, is to be erected or constructed, whenever	8065
additions, alterations, or structural or other improvements are to	8066
be made, or whenever heating, cooling, or ventilating plants or	8067
other equipment is to be installed or material supplied therefor,	8068
the estimated cost of which amounts to two hundred thousand	8069
dollars or more, or the amount determined pursuant to section	8070
153.53 of the Revised Code or more, each officer, board, or other	8071
authority upon which devolves the duty of constructing, erecting,	8072
altering, or installing the same, referred to in sections 153.01	8073
to 153.60 of the Revised Code as the public authority, shall cause	8074
to be made, by an architect or engineer whose contract of	8075
employment shall be prepared and approved by the attorney general,	8076
the following:	8077

(1) Full and accurate plans, suitable for the use of	8078
mechanics and other builders in the construction, improvement,	8079
addition, alteration, or installation;	8080

(2) Details to scale and full-sized, so drawn and represented	8081
as to be easily understood;	8082

(3) Definite and complete specifications of the work to be	8083
performed, together with directions that will enable a competent	8084
mechanic or other builder to carry them out and afford bidders all	8085
needful information;	8086

(4) A full and accurate estimate of each item of expense and	8087
the aggregate cost of those items of expense;	8088

(5) A life-cycle cost analysis;

8089

(6) Further data as may be required by the ~~department of~~	8090
~~administrative services~~Ohio facilities construction commission.	8091

(B) Division (A) of this section shall not be required with	8092
respect to a construction management contract entered into with a	8093
construction manager at risk as described in section 9.334 of the	8094
Revised Code or a design-build contract entered into with a	8095
design-build firm as described in section 153.693 of the Revised	8096
Code. No such construction management contract or design-build	8097
contract shall be entered into until the contract and bond, if	8098
any, are submitted to the attorney general and the attorney	8099
general's approval certified thereon.	8100

Sec. 153.011. (A) Except as provided in division (D) of this	8101
section, whenever any building or structure, including highway	8102
improvements, in whole or in part supported by state capital	8103
funds, including moneys from the education facilities trust fund,	8104
is to be erected or constructed, or whenever additions,	8105
alterations, or structural or other improvements are to be made,	8106
if any steel products are to be purchased for or provided in the	8107
construction, repair, or improvement project, only steel products	8108
as defined in division (F) of this section shall be purchased for	8109
or provided in the project.	8110

(B)(1) No person shall purchase or provide steel products in	8111
violation of division (A) of this section.	8112

(2) Notwithstanding division (B) of section 153.99 of the	8113
Revised Code, no person who purchases steel products in violation	8114
of division (A) of this section shall be held liable in a civil	8115
action commenced under division (C) of this section, or pay a	8116
civil penalty under division (B) of section 153.99 of the Revised	8117
Code, if that person can demonstrate the person's compliance with	8118
division (E) of this section.	8119

(C) Whenever the executive director of ~~administrative~~	8120
~~services~~the Ohio facilities construction commission has	8121
reasonable cause to believe that any person has purchased or	8122
provided steel products in violation of division (A) of this	8123
section, the executive director shall conduct an investigation to	8124
determine whether the person has purchased or provided or is	8125
purchasing or providing steel products in violation of division	8126
(A) of this section. Upon conducting the investigation, if the	8127
executive director finds that the person has purchased or provided	8128
or is purchasing or providing steel products in violation of	8129
division (A) of this section, the executive director shall request	8130
the attorney general to commence a civil action under this section	8131
against the person for violating division (A) of this section. The	8132
remedy provided in this section is concurrent with any other	8133
remedy provided in this chapter, and the existence or exercise of	8134
one remedy does not prevent the exercise of any other. Upon	8135
collection of the civil penalty under division (B) of section	8136
153.99 of the Revised Code, pursuant to an action authorized under	8137
this section, the attorney general shall pay the money collected	8138
to the treasurer of the board of education of the city, local, or	8139
exempted village school district and joint vocational school	8140
district, if one exists, in which the construction, repair, or	8141
improvement project for which the steel products used in violation	8142
of division (A) of this section is located. The treasurer shall	8143
deposit the civil penalty in equal amounts into the school	8144
district's general fund and the joint vocational school district's	8145
general fund. If a joint vocational school district does not exist	8146
where the violation occurred, then the entire sum of the civil	8147
penalty shall be deposited into the school district's general	8148
fund.	8149

(D) Pursuant to section 5525.21 of the Revised Code, the	8150
director of transportation may authorize the purchase or provision	8151
or both of a minimal amount of foreign steel products for use in	8152
contracts for public bridge projects.	8153

The executive director of ~~administrative services~~the Ohio	8154
facilities construction commission may waive the requirements of	8155
division (A) of this section if the executive director determines	8156
that either division (A) or (B) of section 5525.21 of the Revised	8157
Code is true in connection with a public bridge project. The	8158
executive director shall issue this determination in writing.	8159

(E) The following notice shall be included in boldface type	8160
and capital letters in all bid notifications and specifications	8161
between all parties to any contract authorized under Chapter 153.	8162
of the Revised Code or subject to this section and section 153.99	8163
of the Revised Code: "Domestic steel use requirements as specified	8164
in section 153.011 of the Revised Code apply to this project.	8165
Copies of section 153.011 of the Revised Code can be obtained from	8166
~~any of~~ the ~~offices~~office of the ~~department of administrative~~	8167
~~services~~Ohio facilities construction commission."	8168

(F) As used in this section:

8169

(1) "Steel products" means products rolled, formed, shaped,	8170
drawn, extruded, forged, cast, fabricated or otherwise similarly	8171
processed, or processed by a combination of two or more of such	8172
operations, and used for load-bearing structural purposes, from	8173
steel made in the United States by the open hearth, basic oxygen,	8174
electric furnace, bessemer or other steel making process.	8175

(2) "United States" means the United States of America and	8176
includes all territory, continental or insular, subject to the	8177
jurisdiction of the United States.	8178

Sec. 153.013. If a project for the construction, alteration,	8179
or other improvement of a building or structure is administered by	8180
the executive director of ~~administrative services~~the Ohio	8181
facilities construction commission or by another state agency	8182
authorized to administer a project under this chapter, if the	8183
project is located in a municipal corporation with a population of	8184
at least four hundred thousand that is in a county with a	8185
population of at least one million two hundred thousand, and if a	8186
political subdivision contributes at least one hundred thousand	8187
dollars to the project, then a contractor for the project shall	8188
comply with regulations or ordinances of the political subdivision	8189
that are in effect before July 1, 2009, and that specifically	8190
relate to the employment of residents and local businesses of the	8191
political subdivision in the performance of the work of the	8192
project, and such ordinances or regulations shall be included by	8193
reference unambiguously in the contract between the administering	8194
state agency and the contractor for the project.	8195

Sec. 153.02. (A) The executive director of ~~administrative~~	8196
~~services, on the director's own initiative or upon request of~~ the	8197
Ohio ~~school~~ facilities construction commission, may debar a	8198
contractor from contract awards for public improvements as	8199
referred to in section 153.01 of the Revised Code or for projects	8200
as defined in section 3318.01 of the Revised Code, upon proof that	8201
the contractor has done any of the following:	8202

(1) Defaulted on a contract requiring the execution of a	8203
takeover agreement as set forth in division (B) of section 153.17	8204
of the Revised Code;	8205

(2) Knowingly failed during the course of a contract to	8206
maintain the coverage required by the bureau of workers'	8207
compensation;	8208

(3) Knowingly failed during the course of a contract to	8209
maintain the contractor's drug-free workplace program as required	8210
by the contract;	8211

(4) Knowingly failed during the course of a contract to	8212
maintain insurance required by the contract or otherwise by law,	8213
resulting in a substantial loss to the owner, as owner is referred	8214
to in section 153.01 of the Revised Code, or to the commission and	8215
school district board, as provided in division (F) of section	8216
3318.08 of the Revised Code;	8217

(5) Misrepresented the firm's qualifications in the selection	8218
process set forth in sections 153.65 to 153.71 or section 3318.10	8219
of the Revised Code;	8220

(6) Been convicted of a criminal offense related to the	8221
application for or performance of any public or private contract,	8222
including, but not limited to, embezzlement, theft, forgery,	8223
bribery, falsification or destruction of records, receiving stolen	8224
property, and any other offense that directly reflects on the	8225
contractor's business integrity;	8226

(7) Been convicted of a criminal offense under state or	8227
federal antitrust laws;	8228

(8) Deliberately or willfully submitted false or misleading	8229
information in connection with the application for or performance	8230
of a public contract;	8231

(9) Been debarred from bidding on or participating in a	8232
contract with any state or federal agency.	8233

(B) When the executive director reasonably believes that	8234
grounds for debarment exist, the executive director shall send the	8235
contractor a notice of proposed debarment indicating the grounds	8236
for the proposed debarment and the procedure for requesting a	8237
hearing on the proposed debarment. The hearing shall be conducted	8238
in accordance with Chapter 119. of the Revised Code. If the	8239
contractor does not respond with a request for a hearing in the	8240
manner specified in Chapter 119. of the Revised Code, the	8241
executive director shall issue the debarment decision without a	8242
hearing and shall notify the contractor of the decision by	8243
certified mail, return receipt requested.	8244

(C) The executive director shall determine the length of the	8245
debarment period and may rescind the debarment at any time upon	8246
notification to the contractor. During the period of debarment,	8247
the contractor is not eligible to bid for or participate in any	8248
contract for a public improvement as referred to in section 153.01	8249
of the Revised Code or for a project as defined in section 3318.01	8250
of the Revised Code. After the debarment period expires, the	8251
contractor shall be eligible to bid for and participate in such	8252
contracts.	8253

(D) The executive director~~, through the office of the state~~	8254
~~architect,~~ shall maintain a list of all contractors currently	8255
debarred under this section. Any governmental entity awarding a	8256
contract for construction of a public improvement or project may	8257
use a contractor's presence on the debarment list to determine	8258
whether a contractor is responsible or best under section 9.312 or	8259
any other section of the Revised Code in the award of a contract.	8260

Sec. 153.04. The plans, details, bills of material,	8261
specifications of work, estimates of cost in detail and in the	8262
aggregate, life-cycle cost analysis, form of bid, bid guaranty,	8263
and other data that may be required shall be prepared on such	8264
material and in such manner and form as are prescribed by the	8265
~~department of administrative services~~Ohio facilities construction	8266
commission. The life-cycle costs shall be a primary consideration	8267
in the selection of a design. The same shall be deposited and	8268
safely kept in the office of the owner as defined in section	8269
153.01 of the Revised Code as the property of the state.	8270

Sec. 153.06. After the proceedings required by sections	8271
153.01 and 153.04 of the Revised Code have been complied with, the	8272
owner referred to in section 153.01 of the Revised Code shall give	8273
public notice of the time and place when and where bids will be	8274
received for performing the labor and furnishing the materials of	8275
such construction, improvement, alteration, addition, or	8276
installation, and a contract awarded, except for materials	8277
manufactured by the state or labor supplied by a county department	8278
of job and family services that may enter into the same. The form	8279
of bid approved by the ~~department of administrative services~~Ohio	8280
facilities construction commission shall be used, and a bid shall	8281
be invalid and not considered unless such form is used without	8282
change, alteration, or addition. Bidders may be permitted to bid	8283
upon all the branches of work and materials to be furnished and	8284
supplied, or upon any thereof, or alternately upon all or any	8285
thereof.	8286

Sec. 153.07. The notice provided for in section 153.06 of	8287
the Revised Code shall be published once each week for three	8288
consecutive weeks in a newspaper of general circulation, or as	8289
provided in section 7.16 of the Revised Code, in the county where	8290
the activity for which bids are submitted is to occur and in such	8291
other newspapers as ordered by the ~~department of administrative~~	8292
~~services~~Ohio facilities construction commission, the last	8293
publication to be at least eight days preceding the day for	8294
opening the bids, and in such form and with such phraseology as	8295
the ~~department~~commission orders. Copies of the plans, details,	8296
estimates of cost, and specifications shall be open to public	8297
inspection at all business hours between the day of the first	8298
publication and the day for opening the bids, at the office of the	8299
~~department~~commission where the bids are received, and such other	8300
place as may be designated in such notice.	8301

Sec. 153.08. On the day and at the place named in the notice	8302
provided for in section 153.06 of the Revised Code, the owner	8303
referred to in section 153.01 of the Revised Code shall open the	8304
bids and shall publicly, with the assistance of the architect or	8305
engineer, immediately proceed to tabulate the bids upon duplicate	8306
sheets. The public bid opening may be broadcast by electronic	8307
means pursuant to rules established by the ~~director of~~	8308
~~administrative services~~Ohio facilities construction commission. A	8309
bid shall be invalid and not considered unless a bid guaranty	8310
meeting the requirements of section 153.54 of the Revised Code and	8311
in the form approved by the ~~department of administrative services~~	8312
commission is filed with such bid. For a bid that is not filed	8313
electronically, the bid and bid guaranty shall be filed in one	8314
sealed envelope. If the bid and bid guaranty are filed	8315
electronically, they must be received electronically before the	8316
deadline published pursuant to section 153.06 of the Revised Code.	8317
For all bids filed electronically, the original, unaltered bid	8318
guaranty shall be made available to the public authority after the	8319
public bid opening. After investigation, which shall be completed	8320
within thirty days, the contract shall be awarded by such owner to	8321
the lowest responsive and responsible bidder in accordance with	8322
section 9.312 of the Revised Code.	8323

No contract shall be entered into until the industrial	8324
commission has certified that the person so awarded the contract	8325
has complied with sections 4123.01 to 4123.94 of the Revised Code,	8326
until, if the bidder so awarded the contract is a foreign	8327
corporation, the secretary of state has certified that such	8328
corporation is authorized to do business in this state, until, if	8329
the bidder so awarded the contract is a person nonresident of this	8330
state, such person has filed with the secretary of state a power	8331
of attorney designating the secretary of state as its agent for	8332
the purpose of accepting service of summons in any action brought	8333
under section 153.05 of the Revised Code or under sections 4123.01	8334
to 4123.94 of the Revised Code, and until the contract and bond,	8335
if any, are submitted to the attorney general and the attorney	8336
general's approval certified thereon.	8337

No contract shall be entered into unless the bidder possesses	8338
a valid certificate of compliance with affirmative action programs	8339
issued pursuant to section 9.47 of the Revised Code and dated no	8340
earlier than one hundred eighty days prior to the date fixed for	8341
the opening of bids for a particular project.	8342

Sec. 153.09. If in the opinion of the owner referred to in	8343
section 153.01 of the Revised Code, the award of a contract to the	8344
lowest responsive and responsible bidder is not in the best	8345
interests of the state, the owner may accept another bid so opened	8346
or reject all bids, and advertise for other bids. Such	8347
advertisement shall be for such time, in such form, and in such	8348
newspaper as the ~~department~~Ohio facilities construction	8349
commission directs. All contracts shall provide that such owner	8350
may make any change in work or materials on the conditions and in	8351
the manner provided in sections 153.10 and 153.11 of the Revised	8352
Code.	8353

Sec. 153.11. Whenever the change referred to in section	8354
153.10 of the Revised Code is approved by the owner as defined in	8355
section 153.01 of the Revised Code, accepted in writing by the	8356
contractor, and filed, the same shall be considered as being a	8357
part of the original contract, and the bond theretofore executed	8358
shall be ~~held~~increased or decreased accordingly to include and	8359
cover the ~~same~~change in the contract.	8360

Sec. 153.12. (A) With respect to award of any contract for	8361
the construction, reconstruction, improvement, enlargement,	8362
alteration, repair, painting, or decoration of a public	8363
improvement made by the state, or any county, township, municipal	8364
corporation, school district, or other political subdivision, or	8365
any public board, commission, authority, instrumentality, or	8366
special purpose district of or in the state or a political	8367
subdivision or that is authorized by state law, the award, and	8368
execution of the contract, shall be made within sixty days after	8369
the date on which the bids are opened. The failure to award and	8370
execute the contract within sixty days invalidates the entire bid	8371
proceedings and all bids submitted, unless the time for awarding	8372
and executing the contract is extended by mutual consent of the	8373
owner or its representatives and the bidder whose bid the owner	8374
accepts and with respect to whom the owner subsequently awards and	8375
executes a contract. The public owners referred to in this section	8376
shall include, in the plans and specifications for the project for	8377
which bids are solicited, the estimate of cost. The bid for which	8378
the award is to be made shall be opened at the time and place	8379
named in the advertisement for bids, unless extended by the owner	8380
or its representative or unless, within seventy-two hours prior to	8381
the published time for the opening of bids, excluding Saturdays,	8382
Sundays, and legal holidays, any modification of the plans or	8383
specifications and estimates of cost for the project for which	8384
bids are solicited is issued and mailed or otherwise furnished to	8385
persons who have obtained plans or specifications for the project,	8386
for which the time for opening of bids shall be extended one week,	8387
with no further advertising of bids required. The contractor, upon	8388
request, is entitled to a notice to proceed with the work by the	8389
owner or its representative upon execution of the contract. No	8390
contract to which this section applies shall be entered into if	8391
the price of the contract, or, if the project involves multiple	8392
contracts where the total price of all contracts for the project,	8393
is in excess of ten per cent above the entire estimate thereof,	8394
nor shall the entire cost of the construction, reconstruction,	8395
repair, painting, decorating, improvement, alteration, addition,	8396
or installation, including changes and estimates of expenses for	8397
architects or engineers, exceed in the aggregate the amount	8398
authorized by law.	8399

The unit or lump sum price stated in the contract shall be	8400
used in determining the amount to be paid and shall constitute	8401
full and final compensation for all the work.	8402

Partial payment to the contractor for work performed under	8403
the lump sum price shall be based on a schedule prepared by the	8404
contractor and approved by the architect or engineer who shall	8405
apportion the lump sum price to the major components entering into	8406
or forming a part of the work under the lump sum price.	8407

Partial payments to the contractor for labor performed under	8408
either a unit or lump sum price contract shall be made at the rate	8409
of ninety-two per cent of the estimates prepared by the contractor	8410
and approved by the architect or engineer. All labor performed	8411
after the job is fifty per cent completed shall be paid for at the	8412
rate of one hundred per cent of the estimates submitted by the	8413
contractor and approved by the architect or engineer.	8414

The amounts and time of payments of any public improvements	8415
contract made by the state or any county, township, municipal	8416
corporation, school district, or other political subdivision, or	8417
any public board, commission, authority, instrumentality, or	8418
special purpose district of or in the state or a political	8419
subdivision or that is authorized by state law, except as provided	8420
in section 5525.19 of the Revised Code, shall be governed by this	8421
section and sections 153.13 and 153.14 of the Revised Code. If the	8422
time for awarding the contract is extended by mutual consent, or	8423
if the owner or its representative fails to issue a timely notice	8424
to proceed as required by this section, the owner or its	8425
representative shall issue a change order authorizing delay costs	8426
to the contractor, which does not invalidate the contract. The	8427
amount of such a change order to the owner shall be determined in	8428
accordance with the provisions of the contract for change orders	8429
or force accounts or, if no such provision is set forth in the	8430
contract, the cost to the owner shall be the contractor's actual	8431
costs including wages, labor costs other than wages, wage taxes,	8432
materials, equipment costs and rentals, insurance, and	8433
subcontracts attributable to the delay, plus a reasonable sum for	8434
overhead. In the event of a dispute between the owner and the	8435
contractor concerning such change order, procedures shall be	8436
commenced under the applicable terms of the contract, or, if the	8437
contract contains no provision for resolving the dispute, it shall	8438
be resolved pursuant to the procedures for arbitration in Chapter	8439
2711. of the Revised Code, except as provided in division (B) of	8440
this section. Nothing in this division shall be construed as a	8441
limitation upon the authority of the director of transportation	8442
granted in Chapter 5525. of the Revised Code.	8443

(B) If a dispute arises between the state and a contractor	8444
concerning the terms of a public improvement contract let by the	8445
state or concerning a breach of the contract, and after	8446
administrative remedies provided for in such contract and any	8447
alternative dispute resolution procedures provided in accordance	8448
with guidelines established by the executive director of	8449
~~administrative services~~the Ohio facilities construction	8450
commission are exhausted, the contractor may bring an action to	8451
the court of claims in accordance with Chapter 2743. of the	8452
Revised Code. The state or the contractor may request the chief	8453
justice of the supreme court to appoint a referee or panel of	8454
referees in accordance with division (C)(3) of section 2743.03 of	8455
the Revised Code. As used in this division, "dispute" means a	8456
disagreement between the state and the contractor concerning a	8457
public improvement contract let by the state.	8458

Sec. 153.14. For the construction of those projects,	8459
improvements, and public buildings over which the ~~director of~~	8460
~~administrative services~~Ohio facilities construction commission	8461
has general supervision pursuant to section ~~123.01~~123.21 of the	8462
Revised Code, the estimates referred to in section 153.13 of the	8463
Revised Code shall be filed with the executive director by the	8464
owner referred to in section 153.01 or 153.12 of the Revised Code.	8465
Upon completion of a project referred to in section 153.13 of the	8466
Revised Code or any divisible part thereof, the maintenance and	8467
repair of such project or divisible part shall be assumed by the	8468
owner referred to in section 153.01 or 153.12 of the Revised Code.	8469

In addition to all other payments on account of work	8470
performed, there shall be allowed by the owner referred to in	8471
section 153.01 or 153.12 of the Revised Code and paid to the	8472
contractor a sum at the rate of ninety-two per cent of the invoice	8473
costs, not to exceed the bid price in a unit price contract, of	8474
material delivered on the site of the work, or a railroad station,	8475
siding, or other point in the vicinity of the work, or other	8476
approved storage site, provided such materials have been inspected	8477
and found to meet the specifications. The balance of such invoiced	8478
value shall be paid when such material is incorporated into and	8479
becomes a part of such building, construction, addition,	8480
improvement, alteration, or installation. When an estimate is	8481
allowed on account of material delivered on the site of the work	8482
or in the vicinity thereof or under the possession and control of	8483
the contractor but not yet incorporated therein, such material	8484
shall become the property of the owner under the contract, but if	8485
such material is stolen, destroyed, or damaged by casualty before	8486
being used, the contractor shall be required to replace it at ~~his~~	8487
the contractor's own expense.	8488

When the rate of work and amounts involved are so large that	8489
it is considered advisable by the owner or contractor, estimates	8490
and payments shall be made twice each month.	8491

Payment on approved estimates filed with the owner or its	8492
representative shall be made within thirty days. Upon the failure	8493
of the owner or its representative to make such payments within	8494
thirty days, or upon an unauthorized withholding of retainage,	8495
there shall be allowed to the contractor, in addition to any other	8496
remedies allowed by law, interest on such moneys not paid within	8497
thirty days. Interest on the unauthorized withholding of retainage	8498
shall be in addition to any interest earned in the escrow account	8499
set forth in section 153.13 of the Revised Code. The rate of such	8500
interest shall be the average of the prime rate established at the	8501
commercial banks in the city of over one hundred thousand	8502
population that is nearest the construction project. Nothing in	8503
this section shall be construed as a limitation upon the authority	8504
of the director of transportation granted in Chapter 5525. of the	8505
Revised Code.	8506

Sec. 153.16. (A) The executive director of ~~administrative~~	8507
~~services~~the Ohio facilities construction commission shall	8508
establish policy and procedure guidelines for contract documents	8509
in conjunction with the administration of public works contracts	8510
that the state or any institution supported in whole or in part by	8511
the state enters into for any project subject to sections 153.01	8512
to 153.11 of the Revised Code.	8513

(B) Notwithstanding any contract provision to the contrary,	8514
any claim submitted under a public works contract that the state	8515
or any institution supported in whole or in part by the state	8516
enters into for any project subject to sections 153.01 to 153.11	8517
of the Revised Code shall be resolved within one hundred twenty	8518
days. After the end of this one hundred twenty-day period, the	8519
contractor shall be deemed to have exhausted all administrative	8520
remedies for purposes of division (B) of section 153.12 of the	8521
Revised Code.	8522

Sec. 153.17. (A) When in the opinion of the owner referred	8523
to in section 153.01 of the Revised Code, the work under any	8524
contract made under any law of the state is neglected by the	8525
contractor or such work is not prosecuted with the diligence and	8526
force specified or intended in the contract, such owner may make	8527
requisition upon the contractor for such additional specific force	8528
or materials to be brought into the work under such contract or to	8529
remove improper materials from the grounds as in their judgment	8530
the contract and its faithful fulfillment requires.	8531

Not less than five days' notice in writing of such action	8532
shall be served upon the contractor or the contractor's agent in	8533
charge of the work. If the contractor fails to comply with such	8534
requisition within fifteen days, such owner with the written	8535
consent of the ~~department of administrative services~~Ohio	8536
facilities construction commission, may employ upon the work the	8537
additional force, or supply the special materials or such part of	8538
either as is considered proper, and may remove improper materials	8539
from the grounds.	8540

(B) When the original contractor has defaulted on a contract	8541
and the surety has declined to take over the project, the owner	8542
may contract with one or more takeover contractors to complete	8543
work that was not finished because of the default of the original	8544
contractor. The owner may enter into a contract with a takeover	8545
contractor without competitive bidding or controlling board	8546
approval. Upon execution of a takeover contract, the owner shall	8547
notify the director of budget and management.	8548

When the owner has taken over a project after a default has	8549
occurred, any moneys that the owner receives from the surety as a	8550
settlement for completion of the project shall be deposited in the	8551
original fund from which the capital appropriation for the project	8552
was made. The executive director, without controlling board	8553
approval, may authorize specified additional uses for the moneys	8554
related to completion of the project and may increase the	8555
appropriation authority in the appropriation line item used to	8556
fund the project by an amount equal to the moneys received from	8557
the surety.	8558

Sec. 153.502. (A) Each construction manager at risk and	8559
design-build firm shall establish criteria by which it will	8560
prequalify prospective bidders on subcontracts awarded for work to	8561
be performed under the construction management or design-build	8562
contract. The criteria established by a construction manager at	8563
risk or design-build firm shall be subject to the approval of the	8564
public authority involved in the project and shall be consistent	8565
with the rules adopted by the ~~department of administrative~~	8566
~~services~~Ohio facilities construction commission pursuant to	8567
section 153.503 of the Revised Code.	8568

(B) For each subcontract to be awarded, the construction	8569
manager at risk or design-build firm shall identify at least three	8570
prospective bidders that are prequalified to bid on that	8571
subcontract, except that the construction manager at risk or	8572
design-build firm shall identify fewer than three if the	8573
construction manager at risk or design-build firm establishes to	8574
the satisfaction of the public authority that fewer than three	8575
prequalified bidders are available. The public authority shall	8576
verify that each prospective bidder meets the prequalification	8577
criteria and may eliminate any bidder it determines is not	8578
qualified.	8579

(C) Once the prospective bidders are prequalified and found	8580
acceptable by the public authority, the construction manager at	8581
risk or design-build firm shall solicit proposals from each of	8582
those bidders. The solicitation and selection of a subcontractor	8583
shall be conducted under an open book pricing method. As used in	8584
this division, "open book pricing method" has the same meaning as	8585
in section 9.33 of the Revised Code, in the case of a construction	8586
manager at risk, and the same meaning as in section 153.65 of the	8587
Revised Code, in the case of a design-build firm.	8588

(D) A construction manager at risk or design-build firm shall	8589
not be required to award a subcontract to a low bidder.	8590

Sec. 153.503. The ~~department of administrative services~~Ohio	8591
facilities construction commission, pursuant to Chapter 119. of	8592
the Revised Code ~~and not later than June 30, 2012~~, shall adopt	8593
rules to do all of the following:	8594

(A) Prescribe the procedures and criteria for determining the	8595
best value selection of a construction manager at risk or	8596
design-build firm;	8597

(B) ~~In consultation with the state architect's office, set~~	8598
Set forth standards to be followed by construction managers at	8599
risk and design-build firms when establishing prequalification	8600
criteria pursuant to section 153.502 of the Revised Code;	8601

(C) Prescribe the form for the contract documents to be used	8602
by a construction manager at risk, design-build firm, or general	8603
contractor when entering into a subcontract;	8604

(D) Prescribe the form for the contract documents to be used	8605
by a public authority when entering into a contract with a	8606
construction manager at risk or design-build firm.	8607

Sec. 153.53. (A) As used in this section, "rate of	8608
inflation" has the same meaning as in section 107.032 of the	8609
Revised Code.	8610

(B) Five years after ~~the effective date of this section~~	8611
September 29, 2011, and every five years thereafter, the executive	8612
director of ~~administrative services~~the Ohio facilities	8613
construction commission shall evaluate the monetary threshold	8614
specified in section 153.01 of the Revised Code and adopt rules	8615
adjusting that amount based on the average rate of inflation	8616
during each of the previous five years immediately preceding such	8617
adjustment.	8618

Sec. 154.01. As used in this chapter:

8619

(A) "Commission" means the Ohio public facilities commission	8620
created in section 151.02 of the Revised Code.	8621

(B) "Obligations" means bonds, notes, or other evidences of	8622
obligation, including interest coupons pertaining thereto, issued	8623
pursuant to Chapter 154. of the Revised Code.	8624

(C) "Bond proceedings" means the order or orders, resolution	8625
or resolutions, trust agreement, indenture, lease, and other	8626
agreements, amendments and supplements to the foregoing, or any	8627
combination thereof, authorizing or providing for the terms and	8628
conditions applicable to, or providing for the security of,	8629
obligations issued pursuant to Chapter 154. of the Revised Code,	8630
and the provisions contained in such obligations.	8631

(D) "State agencies" means the state of Ohio and officers,	8632
boards, commissions, departments, divisions, or other units or	8633
agencies of the state.	8634

(E) "Governmental agency" means state agencies, state	8635
supported and assisted institutions of higher education, municipal	8636
corporations, counties, townships, school districts, and any other	8637
political subdivision or special district in this state	8638
established pursuant to law, and, except where otherwise	8639
indicated, also means the United States or any department,	8640
division, or agency thereof, and any agency, commission, or	8641
authority established pursuant to an interstate compact or	8642
agreement.	8643

(F) "Institutions of higher education" and "state supported	8644
or state assisted institutions of higher education" means the	8645
state universities identified in section 3345.011 of the Revised	8646
Code, the northeast Ohio medical university, state universities or	8647
colleges at any time created, community college districts,	8648
university branch districts, and technical college districts at	8649
any time established or operating under Chapter 3354., 3355., or	8650
3357. of the Revised Code, and other institutions for education,	8651
including technical education, beyond the high school, receiving	8652
state support or assistance for their expenses of operation.	8653

(G) "Governing body" means:

8654

(1) In the case of institutions of higher education, the	8655
board of trustees, board of directors, commission, or other body	8656
vested by law with the general management, conduct, and control of	8657
one or more institutions of higher education;	8658

(2) In the case of a county, the board of county	8659
commissioners or other legislative body; in the case of a	8660
municipal corporation, the council or other legislative body; in	8661
the case of a township, the board of township trustees; in the	8662
case of a school district, the board of education;	8663

(3) In the case of any other governmental agency, the	8664
officer, board, commission, authority or other body having the	8665
general management thereof or having jurisdiction or authority in	8666
the particular circumstances.	8667

(H) "Person" means any person, firm, partnership,	8668
association, or corporation.	8669

(I) "Bond service charges" means principal, including	8670
mandatory sinking fund requirements for retirement of obligations,	8671
and interest, and redemption premium, if any, required to be paid	8672
by the state on obligations. If not prohibited by the applicable	8673
bond proceedings, bond service charges may include costs relating	8674
to credit enhancement facilities that are related to and	8675
represent, or are intended to provide a source of payment of or	8676
limitation on, other bond service charges.	8677

(J) "Capital facilities" means buildings, structures, and	8678
other improvements, and equipment, real estate, and interests in	8679
real estate therefor, within the state, and any one, part of, or	8680
combination of the foregoing, to serve the general purposes for	8681
which the issuing authority is authorized to issue obligations	8682
pursuant to Chapter 154. of the Revised Code, including, but not	8683
limited to, drives, roadways, parking facilities, walks, lighting,	8684
machinery, furnishings, utilities, landscaping, wharves, docks,	8685
piers, reservoirs, dams, tunnels, bridges, retaining walls,	8686
riprap, culverts, ditches, channels, watercourses, retention	8687
basins, standpipes and water storage facilities, waste treatment	8688
and disposal facilities, heating, air conditioning and	8689
communications facilities, inns, lodges, cabins, camping sites,	8690
golf courses, boat and bathing facilities, athletic and	8691
recreational facilities, and site improvements.	8692

(K) "Costs of capital facilities" means the costs of	8693
acquiring, constructing, reconstructing, rehabilitating,	8694
remodeling, renovating, enlarging, improving, equipping, or	8695
furnishing capital facilities, and the financing thereof,	8696
including the cost of clearance and preparation of the site and of	8697
any land to be used in connection with capital facilities, the	8698
cost of any indemnity and surety bonds and premiums on insurance,	8699
all related direct administrative expenses and allocable portions	8700
of direct costs of the commission or issuing authority and	8701
department of administrative services, or other designees of the	8702
commission under section 154.17 of the Revised Code, cost of	8703
engineering and architectural services, designs, plans,	8704
specifications, surveys, and estimates of cost, legal fees, fees	8705
and expenses of trustees, depositories, and paying agents for the	8706
obligations, cost of issuance of the obligations and financing	8707
charges and fees and expenses of financial advisers and	8708
consultants in connection therewith, interest on obligations,	8709
including but not limited to, interest from the date ~~thereof~~of	8710
their issuance to the time when interest is to be covered from	8711
sources other than proceeds of obligations, amounts necessary to	8712
establish reserves as required by the bond proceedings, costs of	8713
audits, the reimbursement of all moneys advanced or applied by or	8714
borrowed from any governmental agency, whether to or by the	8715
commission or others, from whatever source provided, for the	8716
payment of any item or items of cost of the capital facilities,	8717
any share of the cost undertaken by the commission pursuant to	8718
arrangements made with governmental agencies under division (H) of	8719
section 154.06 of the Revised Code, and all other expenses	8720
necessary or incident to planning or determining feasibility or	8721
practicability with respect to capital facilities, and such other	8722
expenses as may be necessary or incident to the acquisition,	8723
construction, reconstruction, rehabilitation, remodeling,	8724
renovation, enlargement, improvement, equipment, and furnishing of	8725
capital facilities, the financing thereof and the placing of the	8726
same in use and operation, including any one, part of, or	8727
combination of such classes of costs and expenses.	8728

(L) "Public service facilities" means inns, lodges, hotels,	8729
cabins, camping sites, scenic trails, picnic sites, restaurants,	8730
commissaries, golf courses, boating and bathing facilities and	8731
other similar facilities in state parks.	8732

(M) "State parks" means:

8733

(1) State reservoirs described and identified in section	8734
1541.06 of the Revised Code;	8735

(2) All lands or interests therein of the state identified as	8736
administered by the division of parks and recreation in the	8737
"inventory of state owned lands administered by the department of	8738
natural resources as of June 1, 1963," as recorded in the journal	8739
of the director, which inventory was prepared by the real estate	8740
section of the department and is supported by maps now on file in	8741
said real estate section;	8742

(3) All lands or interests in lands of the state designated	8743
after June 1, 1963, as state parks in the journal of the director	8744
with the approval of the recreation and resources council.	8745

State parks do not include any lands or interest in lands of	8746
the state administered jointly by two or more divisions of the	8747
department of natural resources. The designation of lands as state	8748
parks under divisions (M)(1) to (3) of this section is conclusive	8749
and such lands shall be under the control of and administered by	8750
the division of parks and recreation. No order or proceeding	8751
designating lands as state parks or park purchase areas is subject	8752
to any appeal or review by any officer, board, commission, or	8753
court.	8754

(N) "Bond service fund" means the applicable fund created for	8755
and pledged to the payment of bond service charges under section	8756
154.20, 154.21, 154.22, or 154.23 of the Revised Code, including	8757
all moneys and investments, and earnings from investments,	8758
credited and to be credited thereto.	8759

(O) "Improvement fund" means the applicable fund created for	8760
the payment of costs of capital facilities under section 154.20,	8761
154.21, 154.22, or 3383.09 of the Revised Code, including all	8762
moneys and investments, and earnings from investments, credited	8763
and to be credited thereto.	8764

(P) "Special funds" or "funds" means, except where the	8765
context does not permit, the bond service funds, the improvements	8766
funds, and any other funds for similar or different purposes	8767
created under bond proceedings, including all moneys and	8768
investments, and earnings from investments, credited and to be	8769
credited thereto.	8770

(Q) "Year" unless the context indicates a different meaning	8771
or intent, means a calendar year beginning on the first day of	8772
January and ending on the thirty-first day of December.	8773

(R) "Fiscal year" means the period of twelve months beginning	8774
on the first day of July and ending on the thirtieth day of June.	8775

(S) "Issuing authority" means the treasurer of state or the	8776
officer or employee who by law performs the functions of that	8777
office.	8778

(T) "Credit enhancement facilities" has the same meaning as	8779
in section 133.01 of the Revised Code.	8780

(U) "Ohio cultural facility" and "Ohio sports facility" have	8781
the same meanings as in section 3383.01 of the Revised Code.	8782

Sec. 167.04. (A) The regional council of governments shall	8783
adopt by-laws, by a majority vote of its members, designating the	8784
officers of the council and the method of their selection,	8785
creating a governing board that may act for the council as	8786
provided in the by-laws, and providing for the conduct of its	8787
business.	8788

(B) The by-laws of the regional council of governments shall	8789
provide for the appointment of a fiscal officer, who may hold any	8790
other office or employment with the council, and who shall	8791
receive, deposit, invest, and disburse the funds of the council in	8792
the manner authorized by the by-laws or action by the council.	8793

(C) The by-laws of a regional council of governments the	8794
members of which include, under sections 167.01 and 167.02 of the	8795
Revised Code, at least eight counties may include a provision	8796
authorizing member attendance and voting at council meetings	8797
either in person or by proxy.	8798

(D)(1) Within ten business days after forming a regional	8799
council of governments, the officers of the council shall notify	8800
the auditor of state of the regional council's formation and shall	8801
provide on a form prescribed by the auditor of state the	8802
information regarding the regional council that the auditor of	8803
state considers necessary.	8804

(2) As used in this division, "business day" means a day of	8805
the week, excluding Saturday, Sunday, or a legal holiday as	8806
defined in section 1.14 of the Revised Code.	8807

Sec. 171.021. Notwithstanding division (C) of section 121.22	8808
of the Revised Code, rules adopted by the Ohio retirement study	8809
council regarding meetings of the council shall prohibit a member	8810
from voting on a matter before the council except while sitting in	8811
a meeting of the council, unless the member shall have first been	8812
present and recorded as such during that meeting before the vote	8813
is taken, and by motion the roll call is continued for a vote by	8814
any member who is temporarily absent from the meeting until the	8815
adjournment thereof, which shall be not later than twelve noon one	8816
day following the meeting.	8817

Sec. 173.14. As used in sections 173.14 to 173.27 of the	8818
Revised Code:	8819

(A)(1) Except as otherwise provided in division (A)(2) of	8820
this section, "long-term care facility" includes any residential	8821
facility that provides personal care services for more than	8822
twenty-four hours for ~~two~~one or more unrelated adults, including	8823
all of the following:	8824

(a) A "nursing home," "residential care facility," or "home	8825
for the aging" as defined in section 3721.01 of the Revised Code;	8826

(b) A facility authorized to provide extended care services	8827
under Title XVIII of the "Social Security Act," 49 Stat. 620	8828
(1935), 42 U.S.C. 301, as amended, including a long-term acute	8829
care hospital that provides medical and rehabilitative care to	8830
patients who require an average length of stay greater than	8831
twenty-five days and is classified by the centers for medicare and	8832
medicaid services as a long-term care hospital pursuant to 42	8833
C.F.R. 412.23(e);	8834

(c) A county home or district home operated pursuant to	8835
Chapter 5155. of the Revised Code;	8836

(d) ~~An "adult care~~A residential facility~~" as defined in~~	8837
licensed under section ~~5119.70~~5119.22 of the Revised Code that	8838
provides accommodations, supervision, and personal care services	8839
for three to sixteen unrelated adults or accommodations and	8840
personal care services for only one or two adults who are	8841
recipients under the residential state supplement program;	8842

(e) A facility approved by the veterans administration under	8843
section 104(a) of the "Veterans Health Care Amendments of 1983,"	8844
97 Stat. 993, 38 U.S.C. 630, as amended, and used exclusively for	8845
the placement and care of veterans;	8846

~~(f) An adult foster home certified under section 5119.692 of~~	8847
~~the Revised Code~~.	8848

(2) "Long-term care facility" does not include ~~a "residential~~	8849
~~facility" as defined in section 5119.22 of the Revised Code or~~ a	8850
"residential facility~~" as defined in~~licensed under section	8851
5123.19 of the Revised Code.	8852

(B) "Resident" means a resident of a long-term care facility	8853
and, where appropriate, includes a prospective, previous, or	8854
deceased resident of a long-term care facility.	8855

(C) "Community-based long-term care services" means health	8856
and social services provided to persons in their own homes or in	8857
community care settings, and includes any of the following:	8858

(1) Case management;

8859

(2) Home health care;

8860

(3) Homemaker services;

8861

(4) Chore services;

8862

(5) Respite care;

8863

(6) Adult day care;

8864

(7) Home-delivered meals;

8865

(8) Personal care;

8866

(9) Physical, occupational, and speech therapy;

8867

(10) Transportation;

8868

(11) Any other health and social services provided to persons	8869
that allow them to retain their independence in their own homes or	8870
in community care settings.	8871

(D) "Recipient" means a recipient of community-based	8872
long-term care services and, where appropriate, includes a	8873
prospective, previous, or deceased recipient of community-based	8874
long-term care services.	8875

(E) "Sponsor" means an adult relative, friend, or guardian	8876
who has an interest in or responsibility for the welfare of a	8877
resident or a recipient.	8878

(F) "Personal care services" has the same meaning as in	8879
section 3721.01 of the Revised Code.	8880

(G) "Regional long-term care ombudsperson program" means an	8881
entity, either public or private and nonprofit, designated as a	8882
regional long-term care ombudsperson program by the state	8883
long-term care ombudsperson.	8884

(H) "Representative of the office of the state long-term care	8885
ombudsperson program" means the state long-term care ombudsperson	8886
or a member of the ombudsperson's staff, or a person certified as	8887
a representative of the office under section 173.21 of the Revised	8888
Code.	8889

(I) "Area agency on aging" means an area agency on aging	8890
established under the "Older Americans Act of 1965," 79 Stat. 219,	8891
42 U.S.C.A. 3001, as amended.	8892

Sec. 173.21. (A) The office of the state long-term care	8893
ombudsperson program, through the state long-term care	8894
ombudsperson and the regional long-term care ombudsperson	8895
programs, shall require each representative of the office to	8896
complete a training and certification program in accordance with	8897
this section and to meet the continuing education requirements	8898
established under this section.	8899

(B) The department of aging shall adopt rules under Chapter	8900
119. of the Revised Code specifying the content of training	8901
programs for representatives of the office of the state long-term	8902
care ombudsperson program. Training for representatives other than	8903
those who are volunteers providing services through regional	8904
long-term care ombudsperson programs shall include instruction	8905
regarding federal, state, and local laws, rules, and policies on	8906
long-term care facilities and community-based long-term care	8907
services; investigative techniques; and other topics considered	8908
relevant by the department and shall consist of the following:	8909

(1) A minimum of forty clock hours of basic instruction,	8910
which shall be completed before the trainee is permitted to handle	8911
complaints without the supervision of a representative of the	8912
office certified under this section;	8913

(2) An additional sixty clock hours of instruction, which	8914
shall be completed within the first fifteen months of employment;	8915

(3) An internship of twenty clock hours, which shall be	8916
completed within the first twenty-four months of employment,	8917
including instruction in, and observation of, basic nursing care	8918
and long-term care provider operations and procedures. The	8919
internship shall be performed at a site that has been approved as	8920
an internship site by the state long-term care ombudsperson.	8921

(4) One of the following, which shall be completed within the	8922
first twenty-four months of employment:	8923

(a) Observation of a survey conducted by the director of	8924
health to certify a facility to receive funds under sections	8925
5111.20 to 5111.32 of the Revised Code;	8926

(b) Observation of an inspection conducted by the director of	8927
mental health to license ~~an adult care~~a residential facility	8928
under section ~~5119.73~~5119.22 of the Revised Code that provides	8929
accommodations, supervision, and personal care services for three	8930
to sixteen unrelated adults.	8931

(5) Any other training considered appropriate by the	8932
department.	8933

(C) Persons who for a period of at least six months prior to	8934
June 11, 1990, served as ombudsmen through the long-term care	8935
ombudsperson program established by the department of aging under	8936
division (M) of section 173.01 of the Revised Code shall not be	8937
required to complete a training program. These persons and persons	8938
who complete a training program shall take an examination	8939
administered by the department of aging. On attainment of a	8940
passing score, the person shall be certified by the department as	8941
a representative of the office. The department shall issue the	8942
person an identification card, which the representative shall show	8943
at the request of any person with whom the representative deals	8944
while performing the representative's duties and which shall be	8945
surrendered at the time the representative separates from the	8946
office.	8947

(D) The state ombudsperson and each regional program shall	8948
conduct training programs for volunteers on their respective	8949
staffs in accordance with the rules of the department of aging	8950
adopted under division (B) of this section. Training programs may	8951
be conducted that train volunteers to complete some, but not all,	8952
of the duties of a representative of the office. Each regional	8953
office shall bear the cost of training its representatives who are	8954
volunteers. On completion of a training program, the	8955
representative shall take an examination administered by the	8956
department of aging. On attainment of a passing score, a volunteer	8957
shall be certified by the department as a representative	8958
authorized to perform services specified in the certification. The	8959
department shall issue an identification card, which the	8960
representative shall show at the request of any person with whom	8961
the representative deals while performing the representative's	8962
duties and which shall be surrendered at the time the	8963
representative separates from the office. Except as a supervised	8964
part of a training program, no volunteer shall perform any duty	8965
unless he is certified as a representative having received	8966
appropriate training for that duty.	8967

(E) The state ombudsperson shall provide technical assistance	8968
to regional programs conducting training programs for volunteers	8969
and shall monitor the training programs.	8970

(F) Prior to scheduling an observation of a certification	8971
survey or licensing inspection for purposes of division (B)(4) of	8972
this section, the state ombudsperson shall obtain permission to	8973
have the survey or inspection observed from both the director of	8974
health and the long-term care facility at which the survey or	8975
inspection is to take place.	8976

(G) The department of aging shall establish continuing	8977
education requirements for representatives of the office.	8978

Sec. 173.23. (A) Representatives of the office of the state	8979
long-term care ombudsperson program are immune from civil or	8980
criminal liability for any action taken in the good faith	8981
performance of their official duties under sections 173.14 to	8982
173.26 of the Revised Code. ~~The department of aging shall ensure~~	8983
~~that adequate legal counsel is available to the office of the~~	8984
~~state long-term care ombudsperson program for advice and~~	8985
~~consultation and that legal representation is provided to any~~	8986
~~representative of the office against whom any legal action is~~	8987
~~brought in connection with the representative's official duties~~	8988
~~under sections 173.14 to 173.26 of the Revised Code.~~	8989

(B) A person acting in good faith is immune from civil or	8990
criminal liability incident to any of the following: providing	8991
information to the office, participating in registration of a	8992
complaint with the office, participating in investigation of a	8993
complaint by the office, or participating in an administrative or	8994
judicial proceeding resulting from a complaint.	8995

(C) No person shall knowingly register a false complaint with	8996
the office, or knowingly swear or affirm the truth of a false	8997
complaint previously registered, when the statement is made with	8998
purpose to incriminate another.	8999

(D) The attorney general shall provide legal counsel to the	9000
office of the state long-term care ombudsperson program and to the	9001
regional long-term care ombudsperson programs. The attorney	9002
general shall represent any representative of the office and any	9003
representative of a regional program against whom any legal action	9004
is brought in connection with the representative's official duties	9005
under sections 173.14 to 173.26 of the Revised Code.	9006

Sec. 173.26. (A) Each of the following facilities shall	9007
annually pay to the department of aging six dollars for each bed	9008
maintained by the facility for use by a resident during any part	9009
of the previous year:	9010

(1) Nursing homes, residential care facilities, and homes for	9011
the aging as defined in section 3721.01 of the Revised Code;	9012

(2) Facilities authorized to provide extended care services	9013
under Title XVIII of the "Social Security Act," 49 Stat. 620	9014
(1935), 42 U.S.C. 301, as amended, including a long-term acute	9015
care hospital that provides medical and rehabilitative care to	9016
patients who require an average length of stay greater than	9017
twenty-five days and is classified by the centers for medicare and	9018
medicaid services as a long-term care hospital pursuant to 42	9019
C.F.R. 412.23(e);	9020

(3) County homes and district homes operated pursuant to	9021
Chapter 5155. of the Revised Code;	9022

(4) ~~Adult care~~Residential facilities ~~as defined in~~licensed	9023
under section ~~5119.70~~5119.22 of the Revised Code that provide	9024
accommodations, supervision, and personal care services for three	9025
to sixteen unrelated adults;	9026

(5) Facilities approved by the Veterans Administration under	9027
Section 104(a) of the "Veterans Health Care Amendments of 1983,"	9028
97 Stat. 993, 38 U.S.C. 630, as amended, and used exclusively for	9029
the placement and care of veterans.	9030

The department shall, by rule adopted in accordance with	9031
Chapter 119. of the Revised Code, establish deadlines for payments	9032
required by this section. A facility that fails, within ninety	9033
days after the established deadline, to pay a payment required by	9034
this section shall be assessed at two times the original invoiced	9035
payment.	9036

(B) All money collected under this section shall be deposited	9037
in the state treasury to the credit of the office of the state	9038
long-term care ombudsperson program fund, which is hereby created.	9039
Money credited to the fund shall be used solely to pay the costs	9040
of operating the regional long-term care ombudsperson programs.	9041

(C) The state long-term care ombudsperson and the regional	9042
programs may solicit and receive contributions to support the	9043
operation of the office or a regional program, except that no	9044
contribution shall be solicited or accepted that would interfere	9045
with the independence or objectivity of the office or program.	9046

Sec. 173.27. (A) As used in this section:

9047

(1) "Applicant" means a person who is under final	9048
consideration for employment with the office of the state	9049
long-term care ombudsperson program in a full-time, part-time, or	9050
temporary position that involves providing ombudsperson services	9051
to residents and recipients. "Applicant" includes~~, but is not~~	9052
~~limited to,~~ a person who is under final consideration for	9053
employment as the state long-term care ombudsperson or the head of	9054
a regional long-term care ombudsperson program. "Applicant" does	9055
not include a person ~~who provides~~seeking to provide ombudsperson	9056
services to residents and recipients as a volunteer without	9057
receiving or expecting to receive any form of remuneration other	9058
than reimbursement for actual expenses.	9059

(2) "Criminal records check" has the same meaning as in	9060
section 109.572 of the Revised Code.	9061

(3) "Disqualifying offense" means any of the following:

9062

(a) A violation of section 959.13, 959.131, 2903.01, 2903.02,	9063
2903.03, 2903.04, 2903.041, 2903.11, 2903.12, 2903.13, 2903.15,	9064
2903.16, 2903.21, 2903.211, 2903.22, 2903.34, 2903.341, 2905.01,	9065
2905.02, 2905.05, 2905.11, 2905.12, 2907.02, 2907.03, 2907.04,	9066
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22,	9067
2907.23, 2907.24, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322,	9068
2907.323, 2907.33, 2909.02, 2909.03, 2909.04, 2909.22, 2909.23,	9069
2909.24, 2911.01, 2911.02, 2911.11, 2911.12, 2911.13, 2913.02,	9070
2913.03, 2913.04, 2913.05, 2913.11, 2913.21, 2913.31, 2913.32,	9071
2913.40, 2913.41, 2913.42, 2913.43, 2913.44, 2913.441, 2913.45,	9072
2913.46, 2913.47, 2913.48, 2913.49, 2913.51, 2917.01, 2917.02,	9073
2917.03, 2917.31, 2919.12, 2919.121, 2919.123, 2919.22, 2919.23,	9074
2919.24, 2919.25, 2921.03, 2921.11, 2921.13, 2921.21, 2921.24,	9075
2921.321, 2921.34, 2921.35, 2921.36, 2921.51, 2923.12, 2923.122,	9076
2923.123, 2923.13, 2923.161, 2923.162, 2923.21, 2923.32, 2923.42,	9077
2925.02, 2925.03, 2925.04, 2925.041, 2925.05, 2925.06, 2925.09,	9078
2925.11, 2925.13, 2925.14, 2925.22, 2925.23, 2925.24, 2925.36,	9079
2925.55, 2925.56, 2927.12, or 3716.11 of the Revised Code;	9080

(b) Felonious sexual penetration in violation of former	9081
section 2907.12 of the Revised Code;	9082

(c) A violation of section 2905.04 of the Revised Code as it	9083
existed prior to July 1, 1996;	9084

(d) A violation of section 2923.01, 2923.02, or 2923.03 of	9085
the Revised Code when the underlying offense that is the object of	9086
the conspiracy, attempt, or complicity is one of the offenses	9087
listed in divisions (A)(3)(a) to (c) of this section;	9088

(e) A violation of an existing or former municipal ordinance	9089
or law of this state, any other state, or the United States that	9090
is substantially equivalent to any of the offenses listed in	9091
divisions (A)(3)(a) to (d) of this section.	9092

(4) "Employee" means a person employed by the office of the	9093
state long-term care ombudsperson program in a full-time,	9094
part-time, or temporary position that involves providing	9095
ombudsperson services to residents and recipients. "Employee"	9096
includes the person employed as the state long-term care	9097
ombudsperson and a person employed as the head of a regional	9098
long-term care ombudsperson program. "Employee" does not include a	9099
person who provides ombudsperson services to residents and	9100
recipients as a volunteer without receiving or expecting to	9101
receive any form of remuneration other than reimbursement for	9102
actual expenses.	9103

(5) "Responsible entity" means the following:

9104

(a) In the case of an applicant who is under final	9105
consideration for employment as the state long-term care	9106
ombudsperson or the person employed as the state long-term care	9107
ombudsperson, the director of aging;	9108

(b) In the case of any other applicant or employee, the state	9109
long-term care ombudsperson or the ombudsperson's designee.	9110

(B) The office of the state long-term care ombudsperson	9111
program may not employ an applicant or continue to employ an	9112
employee in a position that involves providing ombudsperson	9113
services to residents and recipients if any of the following	9114
apply:	9115

(1) A review of the databases listed in division (D) of this	9116
section reveals any of the following:	9117

(a) That the applicant or employee is included in one or more	9118
of the databases listed in divisions (D)(1) to (5) of this	9119
section;	9120

(b) That there is in the state nurse aide registry	9121
established under section 3721.32 of the Revised Code a statement	9122
detailing findings by the director of health that the applicant or	9123
employee neglected or abused a long-term care facility or	9124
residential care facility resident or misappropriated property of	9125
such a resident;	9126

(c) That the applicant or employee is included in one or more	9127
of the databases, if any, specified in rules adopted under this	9128
section and the rules prohibit the office from employing an	9129
applicant or continuing to employ an employee included in such a	9130
database in a position that involves providing ombudsperson	9131
services to residents and recipients.	9132

(2) After the applicant or employee is provided, pursuant to	9133
division (E)(2)(a) of this section, a copy of the form prescribed	9134
pursuant to division (C)(1) of section 109.572 of the Revised Code	9135
and the standard impression sheet prescribed pursuant to division	9136
(C)(2) of that section, the applicant or employee fails to	9137
complete the form or provide the applicant's or employee's	9138
fingerprint impressions on the standard impression sheet.	9139

(3) Except as provided in rules adopted under this section,	9140
the applicant or employee is found by a criminal records check	9141
required by this section to have been convicted of, pleaded guilty	9142
to, or been found eligible for intervention in lieu of conviction	9143
for a disqualifying offense.	9144

(C) The responsible entity shall inform each applicant of	9145
both of the following at the time of the applicant's initial	9146
application for employment in a position that involves providing	9147
ombudsperson services to residents and recipients:	9148

(1) That a review of the databases listed in division (D) of	9149
this section will be conducted to determine whether the office of	9150
the state long-term care ombudsperson program is prohibited by	9151
division (B)(1) of this section from employing the applicant in	9152
the position;	9153

(2) That, unless the database review reveals that the	9154
applicant may not be employed in the position, a criminal records	9155
check of the applicant will be conducted and the applicant is	9156
required to provide a set of the applicant's fingerprint	9157
impressions as part of the criminal records check.	9158

(D) As a condition of any applicant's being employed by the	9159
office of the state long-term care ombudsperson program in a	9160
position that involves providing ombudsperson services to	9161
residents and recipients, the responsible entity shall conduct a	9162
database review of the applicant in accordance with rules adopted	9163
under this section. If rules adopted under this section so	9164
require, the responsible entity shall conduct a database review of	9165
an employee in accordance with the rules as a condition of the	9166
office's continuing to employ the employee in a position that	9167
involves providing ombudsperson services to residents and	9168
recipients. A database review shall determine whether the	9169
applicant or employee is included in any of the following:	9170

(1) The excluded parties list system maintained by the United	9171
States general services administration pursuant to subpart 9.4 of	9172
the federal acquisition regulation;	9173

(2) The list of excluded individuals and entities maintained	9174
by the office of inspector general in the United States department	9175
of health and human services pursuant to section 1128 of the	9176
"Social Security Act," 94 Stat. 2619 (1980), 42 U.S.C. 1320a-7, as	9177
amended, and section 1156 of the "Social Security Act," 96 Stat.	9178
388 (1982), 42 U.S.C. 1320c-5, as amended;	9179

(3) The registry of MR/DD employees established under section	9180
5123.52 of the Revised Code;	9181

(4) The internet-based sex offender and child-victim offender	9182
database established under division (A)(11) of section 2950.13 of	9183
the Revised Code;	9184

(5) The internet-based database of inmates established under	9185
section 5120.66 of the Revised Code;	9186

(6) The state nurse aide registry established under section	9187
3721.32 of the Revised Code;	9188

(7) Any other database, if any, specified in rules adopted	9189
under this section.	9190

(E)(1) ~~The state long-term care ombudsperson or the~~	9191
~~ombudsperson's designee~~As a condition of any applicant's being	9192
employed by the office of the state long-term care ombudsperson	9193
program in a position that involves providing ombudsperson	9194
services to residents and recipients, the responsible entity shall	9195
request that the superintendent of the bureau of criminal	9196
identification and investigation conduct a criminal records check	9197
~~with respect to each~~of the applicant. If rules adopted under this	9198
section so require, the responsible entity shall request that the	9199
superintendent conduct a criminal records check of an employee at	9200
times specified in the rules as a condition of the office's	9201
continuing to employ the employee in a position that involves	9202
providing ombudsperson services to residents and recipients.	9203
However, ~~if the applicant is under final consideration for~~	9204
~~employment as the state long-term care ombudsperson, the director~~	9205
~~of aging shall request that the superintendent conduct the~~	9206
~~criminal records check~~the responsible entity is not required to	9207
request the criminal records check of the applicant or employee if	9208
the office is prohibited by division (B)(1) of this section from	9209
employing the applicant or continuing to employ the employee in a	9210
position that involves providing ombudsperson services to	9211
residents and recipients. If an applicant or employee for whom a	9212
criminal records check request is required ~~under~~by this ~~division~~	9213
section does not present proof of having been a resident of this	9214
state for the five-year period immediately prior to the date the	9215
criminal records check is requested or provide evidence that	9216
within that five-year period the superintendent has requested	9217
information about the applicant or employee from the federal	9218
bureau of investigation in a criminal records check, the	9219
~~ombudsperson, designee, or director~~responsible entity shall	9220
request that the superintendent obtain information from the	9221
federal bureau of investigation as part of the criminal records	9222
check ~~of the applicant~~. Even if an applicant or employee for whom	9223
a criminal records check request is required ~~under~~by this	9224
~~division~~section presents proof of having been a resident of this	9225
state for the five-year period, the ~~ombudsperson, designee, or~~	9226
~~director~~responsible entity may request that the superintendent	9227
include information from the federal bureau of investigation in	9228
the criminal records check.	9229

(2) ~~A person required by division (B)(1) of this section to~~	9230
~~request a criminal records check~~The responsible entity shall do	9231
~~both~~all of the following:	9232

(a) Provide to each applicant and employee for whom a	9233
criminal records check request is required ~~under that division~~by	9234
this section a copy of the form prescribed pursuant to division	9235
(C)(1) of section 109.572 of the Revised Code and a standard	9236
~~fingerprint~~ impression sheet prescribed pursuant to division	9237
(C)(2) of that section~~, and obtain~~;	9238

(b) Obtain the completed form and standard impression sheet	9239
from the applicant or employee;	9240

~~(b)~~(c) Forward the completed form and standard impression	9241
sheet to the superintendent ~~of the bureau of criminal~~	9242
~~identification and investigation~~.	9243

(3) ~~An applicant provided the form and fingerprint impression~~	9244
~~sheet under division (B)(2)(a) of this section who fails to~~	9245
~~complete the form or provide fingerprint impressions shall not be~~	9246
~~employed in any position for which a criminal records check is~~	9247
~~required by this section.~~	9248

~~(C)(1) Except as provided in rules adopted by the director of~~	9249
~~aging in accordance with division (F) of this section and subject~~	9250
~~to division (C)(2) of this section, the office of the state~~	9251
~~long-term care ombudsperson may not employ a person in a position~~	9252
~~that involves providing ombudsperson services to residents and~~	9253
~~recipients if the person has been convicted of or pleaded guilty~~	9254
~~to any of the following:~~	9255

~~(a) A violation of section 2903.01, 2903.02, 2903.03,~~	9256
~~2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,~~	9257
~~2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,~~	9258
~~2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,~~	9259
~~2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,~~	9260
~~2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,~~	9261
~~2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,~~	9262
~~2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,~~	9263
~~2925.22, 2925.23, or 3716.11 of the Revised Code.~~	9264

~~(b) A violation of an existing or former law of this state,~~	9265
~~any other state, or the United States that is substantially~~	9266
~~equivalent to any of the offenses listed in division (C)(1)(a) of~~	9267
~~this section.~~	9268

~~(2)(a)~~The office of the state long-term care ombudsperson	9269
program shall pay to the bureau of criminal identification and	9270
investigation the fee prescribed pursuant to division (C)(3) of	9271
section 109.572 of the Revised Code for each criminal records	9272
check the responsible entity requests under this section. The	9273
office may charge an applicant a fee not exceeding the amount the	9274
office pays to the bureau under this section if the responsible	9275
entity notifies the applicant at the time of initial application	9276
for employment of the amount of the fee.	9277

(F)(1) The office of the state long-term care ombudsperson	9278
program may employ conditionally an applicant for whom a criminal	9279
records check ~~request~~ is required ~~under division (B) of~~by this	9280
section prior to obtaining the results of athe criminal records	9281
check ~~regarding the individual, provided that the state long-term~~	9282
~~care ombudsperson, ombudsperson's designee, or director of aging~~	9283
~~shall request a~~if the office is not prohibited by division (B)(1)	9284
of this section from employing the applicant in a position that	9285
involves providing ombudsperson services to residents and	9286
recipients and the responsible entity requests the criminal	9287
records check ~~regarding the individual~~ in accordance with division	9288
~~(B)(1)~~(E) of this section not later than five business days after	9289
the ~~individual~~applicant begins conditional employment.	9290

~~(b)~~(2) The office of the state long-term care ombudsperson	9291
program shall terminate the employment of an ~~individual~~applicant	9292
employed conditionally under division ~~(C)(2)(a)~~(F)(1) of this	9293
section if the results of the criminal records check ~~request under~~	9294
~~division (B) of this section~~, other than the results of any	9295
request for information from the federal bureau of investigation,	9296
are not obtained within the period ending sixty days after the	9297
date the request for the criminal records check is made.	9298
Regardless of when the results of the criminal records check are	9299
obtained, if the results indicate that the ~~individual~~applicant	9300
has been convicted of or, pleaded guilty to ~~any of the offenses~~	9301
~~listed or described in division (C)(1) of this section~~, or been	9302
found eligible for intervention in lieu of conviction for a	9303
disqualifying offense, the office shall terminate the ~~individual's~~	9304
applicant's employment unless circumstances specified in rules	9305
adopted under this section that permit the office to employ the	9306
applicant exist and the office chooses to employ the ~~individual~~	9307
~~pursuant to division (F) of this section~~applicant. Termination	9308
of employment under this division shall be considered just cause	9309
for discharge for purposes of division (D)(2) of section 4141.29	9310
of the Revised Code if the ~~individual~~applicant makes any attempt	9311
to deceive the office about the ~~individual's~~applicant's criminal	9312
record.	9313

~~(D)(1) The office of the state long-term care ombudsperson~~	9314
~~program shall pay to the bureau of criminal identification and~~	9315
~~investigation the fee prescribed pursuant to division (C)(3) of~~	9316
~~section 109.572 of the Revised Code for each criminal records~~	9317
~~check conducted pursuant to a request made under division (B) of~~	9318
~~this section.~~	9319

~~(2) The office of the state long-term care ombudsperson~~	9320
~~program may charge an applicant a fee not exceeding the amount the~~	9321
~~office pays under division (D)(1) of this section. The office may~~	9322
~~collect a fee only if the office notifies the applicant at the~~	9323
~~time of initial application for employment of the amount of the~~	9324
~~fee.~~	9325

~~(E)~~(G) The report of any criminal records check conducted	9326
pursuant to a request made under this section is not a public	9327
record for the purposes of section 149.43 of the Revised Code and	9328
shall not be made available to any person other than the	9329
following:	9330

(1) The ~~individual~~applicant or employee who is the subject	9331
of the criminal records check or the ~~individual's~~applicant's or	9332
employee's representative;	9333

(2) The ~~state long-term care ombudsperson, ombudsperson's~~	9334
~~designee, director of aging,~~responsible entity or the	9335
~~ombudsperson, designee, or director's~~responsible entity's	9336
representative;	9337

(3) If the state long-term care ombudsperson designates the	9338
head or other employee of a regional long-term care ombudsperson	9339
program to request a criminal records check under this section, a	9340
representative of the office of the state long-term care	9341
ombudsperson program who is responsible for monitoring the	9342
regional program's compliance with this section;	9343

(4) A court, hearing officer, or other necessary individual	9344
involved in a case dealing with aany of the following:	9345

(a) A denial of employment of the applicant or ~~dealing with~~	9346
~~employment~~employee;	9347

(b) Employment or unemployment benefits of the applicant or	9348
employee;	9349

(c) A civil or criminal action regarding the medicaid program	9350
or a program the department of aging administers.	9351

~~(F) The director of aging shall adopt rules in accordance~~	9352
~~with Chapter 119. of the Revised Code to implement this section.~~	9353
~~The rules shall specify circumstances under which the office of~~	9354
~~the state long-term care ombudsperson program may employ a person~~	9355
~~who has been convicted of or pleaded guilty to an offense listed~~	9356
~~or described in division (C)(1) of this section but meets personal~~	9357
~~character standards set by the director.~~	9358

~~(G) The office of the state long-term care ombudsperson~~	9359
~~program shall inform each person, at the time of initial~~	9360
~~application for a position that involves providing ombudsperson~~	9361
~~services to residents and recipients, that the person is required~~	9362
~~to provide a set of fingerprint impressions and that a criminal~~	9363
~~records check is required to be conducted if the person comes~~	9364
~~under final consideration for employment.~~	9365

(H) In a tort or other civil action for damages that is	9366
brought as the result of an injury, death, or loss to person or	9367
property caused by an ~~individual~~applicant or employee who the	9368
office of the state long-term care ombudsperson program employs in	9369
a position that involves providing ombudsperson services to	9370
residents and recipients, all of the following shall apply:	9371

(1) If the office employed the ~~individual~~applicant or	9372
employee in good faith and reasonable reliance on the report of a	9373
criminal records check requested under this section, the office	9374
shall not be found negligent solely because of its reliance on the	9375
report, even if the information in the report is determined later	9376
to have been incomplete or inaccurate.	9377

(2) If the office employed the ~~individual~~applicant in good	9378
faith on a conditional basis pursuant to division ~~(C)(2)~~(F) of	9379
this section, the office shall not be found negligent solely	9380
because it employed the ~~individual~~applicant prior to receiving	9381
the report of a criminal records check requested under this	9382
section.	9383

(3) If the office in good faith employed the ~~individual~~	9384
applicant or employee according to the personal character	9385
standards established in rules adopted under ~~division (F) of~~ this	9386
section, the office shall not be found negligent solely because	9387
the ~~individual prior to being employed had~~applicant or employee	9388
has been convicted of or, pleaded guilty to ~~an offense listed or~~	9389
~~described in division (C)(1) of this section~~, or been found	9390
eligible for intervention in lieu of conviction for a	9391
disqualifying offense.	9392

(I) The director of aging shall adopt rules in accordance	9393
with Chapter 119. of the Revised Code to implement this section.	9394

(1) The rules may do the following:

9395

(a) Require employees to undergo database reviews and	9396
criminal records checks under this section;	9397

(b) If the rules require employees to undergo database	9398
reviews and criminal records checks under this section, exempt one	9399
or more classes of employees from the requirements;	9400

(c) For the purpose of division (D)(7) of this section,	9401
specify other databases that are to be checked as part of a	9402
database review conducted under this section.	9403

(2) The rules shall specify all of the following:

9404

(a) The procedures for conducting database reviews under this	9405
section;	9406

(b) If the rules require employees to undergo database	9407
reviews and criminal records checks under this section, the times	9408
at which the database reviews and criminal records checks are to	9409
be conducted;	9410

(c) If the rules specify other databases to be checked as	9411
part of the database reviews, the circumstances under which the	9412
office of the state long-term care ombudsperson program is	9413
prohibited from employing an applicant or continuing to employ an	9414
employee who is found by a database review to be included in one	9415
or more of those databases;	9416

(d) Circumstances under which the office of the state	9417
long-term care ombudsperson program may employ an applicant or	9418
employee who is found by a criminal records check required by this	9419
section to have been convicted of, pleaded guilty to, or been	9420
found eligible for intervention in lieu of conviction for a	9421
disqualifying offense but meets personal character standards.	9422

Sec. 173.391. (A) The department of aging or its designee	9423
shall do all of the following in accordance with Chapter 119. of	9424
the Revised Code:	9425

(1) Certify a person or government entity to provide	9426
community-based long-term care services under a program the	9427
department administers if the person or government entity	9428
satisfies the requirements for certification established by rules	9429
adopted under division (B) of this section and pays the fee, if	9430
any, established by rules adopted under division (G) of this	9431
section;	9432

(2) When required to do so by rules adopted under division	9433
(B) of this section, take one or more of the following	9434
disciplinary actions against a person or government entity	9435
certified under division (A)(1) of this section:	9436

(a) Issue a written warning;

9437

(b) Require the submission of a plan of correction or	9438
evidence of compliance with requirements identified by the	9439
department;	9440

9441

(d) Remove clients;

9442

(e) Impose a fiscal sanction such as a civil monetary penalty	9443
or an order that unearned funds be repaid;	9444

(f) Suspend the certification;

9445

(g) Revoke the certification;

9446

(h) Impose another sanction.

9447

(3) Except as provided in division (E) of this section, hold	9448
hearings when there is a dispute between the department or its	9449
designee and a person or government entity concerning actions the	9450
department or its designee takes regarding a decision not to	9451
certify the person or government entity under division (A)(1) of	9452
this section or a disciplinary action under ~~division~~divisions	9453
(A)(2)(e) to (h) of this section.	9454

(B) The director of aging shall adopt rules in accordance	9455
with Chapter 119. of the Revised Code establishing certification	9456
requirements and standards for determining which type of	9457
disciplinary action to take under division (A)(2) of this section	9458
in individual situations. The rules shall establish procedures for	9459
all of the following:	9460

(1) Ensuring that community-based long-term care agencies	9461
comply with section 173.394 of the Revised Code;	9462

(2) Evaluating the services provided by the agencies to	9463
ensure that the services are provided in a quality manner	9464
advantageous to the individual receiving the services;	9465

(3) Determining when to take disciplinary action under	9466
division (A)(2) of this section and which disciplinary action to	9467
take;	9468

(4) Determining what constitutes another sanction for	9469
purposes of division (A)(2)(h) of this section.	9470

(C) The procedures established in rules adopted under	9471
division (B)(2) of this section shall require that all of the	9472
following be considered as part of an evaluation described in	9473
division (B)(2) of this section:	9474

(1) The community-based long-term care agency's experience	9475
and financial responsibility;	9476

(2) The agency's ability to comply with standards for the	9477
community-based long-term care services that the agency provides	9478
under a program the department administers;	9479

(3) The agency's ability to meet the needs of the individuals	9480
served;	9481

(4) Any other factor the director considers relevant.

9482

(D) The rules adopted under division (B)(3) of this section	9483
shall specify that the reasons disciplinary action may be taken	9484
under division (A)(2) of this section include good cause,	9485
including misfeasance, malfeasance, nonfeasance, confirmed abuse	9486
or neglect, financial irresponsibility, or other conduct the	9487
director determines is injurious, or poses a threat, to the health	9488
or safety of individuals being served.	9489

(E) Subject to division (F) of this section, the department	9490
is not required to hold hearings under division (A)(3) of this	9491
section if any of the following conditions apply:	9492

(1) Rules adopted by the director of aging pursuant to this	9493
chapter require the community-based long-term care agency to be a	9494
party to a provider agreement; hold a license, certificate, or	9495
permit; or maintain a certification, any of which is required or	9496
issued by a state or federal government entity other than the	9497
department of aging, and either of the following is the case:	9498

(a) The provider agreement has not been entered into or the	9499
license, certificate, permit, or certification has not been	9500
obtained or maintained.	9501

(b) The provider agreement, license, certificate, permit, or	9502
certification has been denied, revoked, not renewed, or suspended	9503
or has been otherwise restricted.	9504

(2) The agency's certification under this section has been	9505
denied, suspended, or revoked for any of the following reasons:	9506

(a) A government entity of this state, other than the	9507
department of aging, has terminated or refused to renew any of the	9508
following held by, or has denied any of the following sought by, a	9509
community-based long-term care agency: a provider agreement,	9510
license, certificate, permit, or certification. Division (E)(2)(a)	9511
of this section applies regardless of whether the agency has	9512
entered into a provider agreement in, or holds a license,	9513
certificate, permit, or certification issued by, another state.	9514

(b) The agency or a principal owner or manager of the agency	9515
who provides direct care has entered a guilty plea for, or has	9516
been convicted of, an offense materially related to the medicaid	9517
program.	9518

(c) The agency or a principal owner or manager of the agency	9519
who provides direct care has entered a guilty plea for, or been	9520
convicted of, or been found eligible for intervention in lieu of	9521
conviction for an offense listed in ~~division (C)(1)(a)~~divisions	9522
(A)(3)(a) to (d) of section 173.394 of the Revised Code, but only	9523
if none of the personal character standards established by the	9524
~~department~~director in rules adopted under ~~division (F) of~~that	9525
section ~~173.394 of the Revised Code~~ apply.	9526

(d) The United States department of health and human services	9527
has taken adverse action against the agency and that action	9528
impacts the agency's participation in the medicaid program.	9529

(e) The agency has failed to enter into or renew a provider	9530
agreement with the PASSPORT administrative agency, as that term is	9531
defined in section 173.42 of the Revised Code, that administers	9532
programs on behalf of the department of aging in the region of the	9533
state in which the agency is certified to provide services.	9534

(f) The agency has not billed or otherwise submitted a claim	9535
to the department for payment under the medicaid program in at	9536
least two years.	9537

(g) The agency denied or failed to provide the department or	9538
its designee access to the agency's facilities during the agency's	9539
normal business hours for purposes of conducting an audit or	9540
structural compliance review.	9541

(h) The agency has ceased doing business.

9542

(i) The agency has voluntarily relinquished its certification	9543
for any reason.	9544

(3) The agency's provider agreement with the department of	9545
job and family services has been suspended under division (C) of	9546
section 5111.031 of the Revised Code.	9547

(4) The agency's provider agreement with the department of	9548
job and family services is denied or revoked because the agency or	9549
its owner, officer, authorized agent, associate, manager, or	9550
employee has been convicted of an offense that caused the provider	9551
agreement to be suspended under section 5111.031 of the Revised	9552
Code.	9553

(F) If the department does not hold hearings when any	9554
condition described in division (E) of this section applies, the	9555
department may send a notice to the agency describing a decision	9556
not to certify the agency under division (A)(1) of this section or	9557
the disciplinary action the department proposes to take under	9558
division (A)(2)(e) to (h) of this section. The notice shall be	9559
sent to the agency's address that is on record with the department	9560
and may be sent by regular mail.	9561

(G) The director of aging may adopt rules in accordance with	9562
Chapter 119. of the Revised Code establishing a fee to be charged	9563
by the department of aging or its designee for certification	9564
issued under this section.	9565

All fees collected by the department or its designee under	9566
this section shall be deposited in the state treasury to the	9567
credit of the provider certification fund, which is hereby	9568
created. Money credited to the fund shall be used to pay for	9569
community-based long-term care services, administrative costs	9570
associated with community-based long-term care agency	9571
certification under this section, and administrative costs related	9572
to the publication of the Ohio long-term care consumer guide.	9573

Sec. 173.394. (A) As used in this section:

9574

(1) "Applicant" means a person who is under final	9575
consideration for employment with a community-based long-term care	9576
agency in a full-time, part-time, or temporary position that	9577
involves providing direct care to an individual or is referred to	9578
a community-based long-term care agency by an employment service	9579
for such a position. "Applicant" does not include a person who	9580
provides direct care to an individual as a volunteer without	9581
receiving or expecting to receive any form of remuneration other	9582
than reimbursement for actual expenses.	9583

(2) "Criminal records check" has the same meaning as in	9584
section 109.572 of the Revised Code.	9585

(3) "Disqualifying offense" means any of the following:

9586

(a) A violation of section 959.13, 959.131, 2903.01, 2903.02,	9587
2903.03, 2903.04, 2903.041, 2903.11, 2903.12, 2903.13, 2903.15,	9588
2903.16, 2903.21, 2903.211, 2903.22, 2903.34, 2903.341, 2905.01,	9589
2905.02, 2905.05, 2905.11, 2905.12, 2907.02, 2907.03, 2907.04,	9590
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22,	9591
2907.23, 2907.24, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322,	9592
2907.323, 2907.33, 2909.02, 2909.03, 2909.04, 2909.22, 2909.23,	9593
2909.24, 2911.01, 2911.02, 2911.11, 2911.12, 2911.13, 2913.02,	9594
2913.03, 2913.04, 2913.05, 2913.11, 2913.21, 2913.31, 2913.32,	9595
2913.40, 2913.41, 2913.42, 2913.43, 2913.44, 2913.441, 2913.45,	9596
2913.46, 2913.47, 2913.48, 2913.49, 2913.51, 2917.01, 2917.02,	9597
2917.03, 2917.31, 2919.12, 2919.121, 2919.123, 2919.22, 2919.23,	9598
2919.24, 2919.25, 2921.03, 2921.11, 2921.13, 2921.21, 2921.24,	9599
2921.321, 2921.34, 2921.35, 2921.36, 2921.51, 2923.12, 2923.122,	9600
2923.123, 2923.13, 2923.161, 2923.162, 2923.21, 2923.32, 2923.42,	9601
2925.02, 2925.03, 2925.04, 2925.041, 2925.05, 2925.06, 2925.09,	9602
2925.11, 2925.13, 2925.14, 2925.22, 2925.23, 2925.24, 2925.36,	9603
2925.55, 2925.56, 2927.12, or 3716.11 of the Revised Code;	9604

(b) Felonious sexual penetration in violation of former	9605
section 2907.12 of the Revised Code;	9606

(c) A violation of section 2905.04 of the Revised Code as it	9607
existed prior to July 1, 1996;	9608

(d) A violation of section 2923.01, 2923.02, or 2923.03 of	9609
the Revised Code when the underlying offense that is the object of	9610
the conspiracy, attempt, or complicity is one of the offenses	9611
listed in divisions (A)(3)(a) to (c) of this section;	9612

(e) A violation of an existing or former municipal ordinance	9613
or law of this state, any other state, or the United States that	9614
is substantially equivalent to any of the offenses listed in	9615
divisions (A)(3)(a) to (d) of this section.	9616

(4) "Employee" means a person employed by a community-based	9617
long-term care agency in a full-time, part-time, or temporary	9618
position that involves providing direct care to an individual and	9619
a person who works in such a position due to being referred to a	9620
community-based long-term care agency by an employment service.	9621
"Employee" does not include a person who provides direct care to	9622
an individual as a volunteer without receiving or expecting to	9623
receive any form of remuneration other than reimbursement for	9624
actual expenses.	9625

(B) No community-based long-term care agency shall employ an	9626
applicant or continue to employ an employee in a position that	9627
involves providing direct care to an individual if any of the	9628
following apply:	9629

(1) A review of the databases listed in division (D) of this	9630
section reveals any of the following:	9631

(a) That the applicant or employee is included in one or more	9632
of the databases listed in divisions (D)(1) to (5) of this	9633
section;	9634

(b) That there is in the state nurse aide registry	9635
established under section 3721.32 of the Revised Code a statement	9636
detailing findings by the director of health that the applicant or	9637
employee neglected or abused a long-term care facility or	9638
residential care facility resident or misappropriated property of	9639
such a resident;	9640

(c) That the applicant or employee is included in one or more	9641
of the databases, if any, specified in rules adopted under this	9642
section and the rules prohibit the agency from employing an	9643
applicant or continuing to employ an employee included in such a	9644
database in a position that involves providing direct care to an	9645
individual.	9646

(2) After the applicant or employee is provided, pursuant to	9647
division (E)(2)(a) of this section, a copy of the form prescribed	9648
pursuant to division (C)(1) of section 109.572 of the Revised Code	9649
and the standard impression sheet prescribed pursuant to division	9650
(C)(2) of that section, the applicant or employee fails to	9651
complete the form or provide the applicant's or employee's	9652
fingerprint impressions on the standard impression sheet.	9653

(3) Except as provided in rules adopted under this section,	9654
the applicant or employee is found by a criminal records check	9655
required by this section to have been convicted of, pleaded guilty	9656
to, or been found eligible for intervention in lieu of conviction	9657
for a disqualifying offense.	9658

(C) Except as provided by division (F) of this section, the	9659
chief administrator of a community-based long-term care agency	9660
shall inform each applicant of both of the following at the time	9661
of the applicant's initial application for employment or referral	9662
to the agency by an employment service for a position that	9663
involves providing direct care to an individual:	9664

(1) That a review of the databases listed in division (D) of	9665
this section will be conducted to determine whether the agency is	9666
prohibited by division (B)(1) of this section from employing the	9667
applicant in the position;	9668

(2) That, unless the database review reveals that the	9669
applicant may not be employed in the position, a criminal records	9670
check of the applicant will be conducted and the applicant is	9671
required to provide a set of the applicant's fingerprint	9672
impressions as part of the criminal records check.	9673

(D) As a condition of employing any applicant in a position	9674
that involves providing direct care to an individual, the chief	9675
administrator of a community-based long-term care agency shall	9676
conduct a database review of the applicant in accordance with	9677
rules adopted under this section. If rules adopted under this	9678
section so require, the chief administrator of a community-based	9679
long-term care agency shall conduct a database review of an	9680
employee in accordance with the rules as a condition of continuing	9681
to employ the employee in a position that involves providing	9682
direct care to an individual. However, a chief administrator is	9683
not required to conduct a database review of an applicant or	9684
employee if division (F) of this section applies. A database	9685
review shall determine whether the applicant or employee is	9686
included in any of the following:	9687

(1) The excluded parties list system maintained by the United	9688
States general services administration pursuant to subpart 9.4 of	9689
the federal acquisition regulation;	9690

(2) The list of excluded individuals and entities maintained	9691
by the office of inspector general in the United States department	9692
of health and human services pursuant to section 1128 of the	9693
"Social Security Act," 94 Stat. 2619 (1980), 42 U.S.C. 1320a-7, as	9694
amended, and section 1156 of the "Social Security Act," 96 Stat.	9695
388 (1982), 42 U.S.C. 1320c-5, as amended;	9696

(3) The registry of MR/DD employees established under section	9697
5123.52 of the Revised Code;	9698

(4) The internet-based sex offender and child-victim offender	9699
database established under division (A)(11) of section 2950.13 of	9700
the Revised Code;	9701

(5) The internet-based database of inmates established under	9702
section 5120.66 of the Revised Code;	9703

(6) The state nurse aide registry established under section	9704
3721.32 of the Revised Code;	9705

(7) Any other database, if any, specified in rules adopted	9706
under this section.	9707

(E)(1) ~~Except as provided in division (I) of this section~~As	9708
a condition of employing any applicant in a position that involves	9709
providing direct care to an individual, the chief administrator of	9710
a community-based long-term care agency shall request that the	9711
superintendent of the bureau of criminal identification and	9712
investigation conduct a criminal records check ~~with respect to~~	9713
~~each~~of the applicant. If rules adopted under this section so	9714
require, the chief administrator of a community-based long-term	9715
care agency shall request that the superintendent conduct a	9716
criminal records check of an employee at times specified in the	9717
rules as a condition of continuing to employ the employee in a	9718
position that involves providing direct care to an individual.	9719
However, the chief administrator is not required to request the	9720
criminal records check of the applicant or employee if division	9721
(F) of this section applies or the agency is prohibited by	9722
division (B)(1) of this section from employing the applicant or	9723
continuing to employ the employee in a position that involves	9724
providing direct care to an individual. If an applicant or	9725
employee for whom a criminal records check request is required	9726
~~under~~by this ~~division~~section does not present proof of having	9727
been a resident of this state for the five-year period immediately	9728
prior to the date the criminal records check is requested or	9729
provide evidence that within that five-year period the	9730
superintendent has requested information about the applicant or	9731
employee from the federal bureau of investigation in a criminal	9732
records check, the chief administrator shall request that the	9733
superintendent obtain information from the federal bureau of	9734
investigation as part of the criminal records check ~~of the~~	9735
~~applicant~~. Even if an applicant or employee for whom a criminal	9736
records check request is required ~~under~~by this ~~division~~section	9737
presents proof of having been a resident of this state for the	9738
five-year period, the chief administrator may request that the	9739
superintendent include information from the federal bureau of	9740
investigation in the criminal records check.	9741

(2) ~~A person required by division (B)(1) of this section to~~	9742
~~request a criminal records check~~The chief administrator shall do	9743
~~both~~all of the following:	9744

(a) Provide to each applicant and employee for whom a	9745
criminal records check request is required ~~under that division~~by	9746
this section a copy of the form prescribed pursuant to division	9747
(C)(1) of section 109.572 of the Revised Code and a standard	9748
~~fingerprint~~ impression sheet prescribed pursuant to division	9749
(C)(2) of that section~~, and obtain~~;	9750

(b) Obtain the completed form and standard impression sheet	9751
from the applicant or employee;	9752

~~(b)~~(c) Forward the completed form and standard impression	9753
sheet to the superintendent ~~of the bureau of criminal~~	9754
~~identification and investigation~~.	9755

(3) ~~An applicant provided the form and fingerprint impression~~	9756
~~sheet under division (B)(2)(a) of this section who fails to~~	9757
~~complete the form or provide fingerprint impressions shall not be~~	9758
~~employed in any position for which a criminal records check is~~	9759
~~required by this section.~~	9760

~~(C)(1) Except as provided in rules adopted by the department~~	9761
~~of aging in accordance with division (F) of this section and~~	9762
~~subject to division (C)(2) of this section, no community-based~~	9763
~~long-term care agency shall employ a person in a position that~~	9764
~~involves providing direct care to an individual if the person has~~	9765
~~been convicted of or pleaded guilty to any of the following:~~	9766

~~(a) A violation of section 2903.01, 2903.02, 2903.03,~~	9767
~~2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,~~	9768
~~2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,~~	9769
~~2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,~~	9770
~~2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,~~	9771
~~2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,~~	9772
~~2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,~~	9773
~~2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,~~	9774
~~2925.22, 2925.23, or 3716.11 of the Revised Code.~~	9775

~~(b) A violation of an existing or former law of this state,~~	9776
~~any other state, or the United States that is substantially~~	9777
~~equivalent to any of the offenses listed in division (C)(1)(a) of~~	9778
~~this section.~~	9779

~~(2)(a)~~A community-based long-term care agency shall pay to	9780
the bureau of criminal identification and investigation the fee	9781
prescribed pursuant to division (C)(3) of section 109.572 of the	9782
Revised Code for each criminal records check the agency requests	9783
under this section. An agency may charge an applicant a fee not	9784
exceeding the amount the agency pays to the bureau under this	9785
section if both of the following apply:	9786

(a) The agency notifies the applicant at the time of initial	9787
application for employment of the amount of the fee and that,	9788
unless the fee is paid, the applicant will not be considered for	9789
employment.	9790

(b) The medicaid program established under Chapter 5111. of	9791
the Revised Code does not reimburse the agency for the fee it pays	9792
to the bureau under this section.	9793

(F) Divisions (C) to (E) of this section do not apply with	9794
regard to an applicant or employee if the applicant or employee is	9795
referred to a community-based long-term agency by an employment	9796
service that supplies full-time, part-time, or temporary staff for	9797
positions that involve providing direct care to an individual and	9798
both of the following apply:	9799

(1) The chief administrator of the agency receives from the	9800
employment service confirmation that a review of the databases	9801
listed in division (D) of this section was conducted of the	9802
applicant or employee.	9803

(2) The chief administrator of the agency receives from the	9804
employment service, applicant, or employee a report of the results	9805
of a criminal records check of the applicant or employee that has	9806
been conducted by the superintendent within the one-year period	9807
immediately preceding the following:	9808

(a) In the case of an applicant, the date of the applicant's	9809
referral by the employment service to the agency;	9810

(b) In the case of an employee, the date by which the agency	9811
would otherwise have to request a criminal records check of the	9812
employee under division (E) of this section.	9813

(G)(1) A community-based long-term care agency may employ	9814
conditionally an applicant for whom a criminal records check	9815
request is required ~~under division (B) of~~by this section prior to	9816
obtaining the results of athe criminal records check ~~regarding~~	9817
~~the individual, provided that~~if the agency is not prohibited by	9818
division (B)(1) of this section from employing the applicant in a	9819
position that involves providing direct care to an individual and	9820
either of the following applies:	9821

(a) The chief administrator of the agency ~~shall request a~~	9822
requests the criminal records check ~~regarding the individual~~ in	9823
accordance with division ~~(B)(1)~~(E) of this section not later than	9824
five business days after the ~~individual~~applicant begins	9825
conditional employment.	9826

(b) The applicant is referred to the agency by an employment	9827
service, the employment service or the applicant provides the	9828
chief administrator of the agency a letter that is on the	9829
letterhead of the employment service, the letter is dated and	9830
signed by a supervisor or another designated official of the	9831
employment service, and the letter states all of the following:	9832

(i) That the employment service has requested the	9833
superintendent to conduct a criminal records check regarding the	9834
applicant;	9835

(ii) That the requested criminal records check is to include	9836
a determination of whether the applicant has been convicted of,	9837
pleaded guilty to, or been found eligible for intervention in lieu	9838
of conviction for a disqualifying offense;	9839

(iii) That the employment service has not received the	9840
results of the criminal records check as of the date set forth on	9841
the letter;	9842

(iv) That the employment service promptly will send a copy of	9843
the results of the criminal records check to the chief	9844
administrator of the agency when the employment service receives	9845
the results. ~~In the circumstances described in division (I)(2) of~~	9846
~~this section, a community-based long-term care agency may employ~~	9847
~~conditionally an applicant who has been referred to the agency by~~	9848
~~an employment service that supplies full-time, part-time, or~~	9849
~~temporary staff for positions involving the direct care of~~	9850
~~individuals and for whom, pursuant to that division, a criminal~~	9851
~~records check is not required under division (B) of this section.~~	9852

~~(b)~~(2) If a community-based long-term care agency employs an	9853
applicant conditionally pursuant to division (G)(1)(b) of this	9854
section, the employment service, on its receipt of the results of	9855
the criminal records check, promptly shall send a copy of the	9856
results to the chief administrator of the agency.	9857

(3) A community-based long-term care agency that employs an	9858
~~individual~~applicant conditionally ~~under authority of~~pursuant to	9859
division ~~(C)(2)(a)~~(G)(1)(a) or (b) of this section shall terminate	9860
the ~~individual's~~applicant's employment if the results of the	9861
criminal records check ~~request under division (B) of this section~~	9862
~~or described in division (I)(2) of this section~~, other than the	9863
results of any request for information from the federal bureau of	9864
investigation, are not obtained within the period ending sixty	9865
days after the date the request for the criminal records check is	9866
made. Regardless of when the results of the criminal records check	9867
are obtained, if the results indicate that the ~~individual~~	9868
applicant has been convicted of or, pleaded guilty to ~~any of the~~	9869
~~offenses listed or described in division (C)(1) of this section~~,	9870
or been found eligible for intervention in lieu of conviction for	9871
a disqualifying offense, the agency shall terminate the	9872
~~individual's~~applicant's employment unless circumstances	9873
specified in rules adopted under this section that permit the	9874
agency to employ the applicant exist and the agency chooses to	9875
employ the ~~individual pursuant to division (F) of this section~~	9876
applicant. Termination of employment under this division shall be	9877
considered just cause for discharge for purposes of division	9878
(D)(2) of section 4141.29 of the Revised Code if the ~~individual~~	9879
applicant makes any attempt to deceive the agency about the	9880
~~individual's~~applicant's criminal record.	9881

~~(D)(1) Each community-based long-term care agency shall pay~~	9882
~~to the bureau of criminal identification and investigation the fee~~	9883
~~prescribed pursuant to division (C)(3) of section 109.572 of the~~	9884
~~Revised Code for each criminal records check conducted pursuant to~~	9885
~~a request made under division (B) of this section.~~	9886

~~(2) A community-based long-term care agency may charge an~~	9887
~~applicant a fee not exceeding the amount the agency pays under~~	9888
~~division (D)(1) of this section. An agency may collect a fee only~~	9889
~~if both of the following apply:~~	9890

~~(a) The agency notifies the person at the time of initial~~	9891
~~application for employment of the amount of the fee and that,~~	9892
~~unless the fee is paid, the person will not be considered for~~	9893
~~employment;~~	9894

~~(b) The medicaid program established under Chapter 5111. of~~	9895
~~the Revised Code does not reimburse the agency the fee it pays~~	9896
~~under division (D)(1) of this section.~~	9897

~~(E)~~(H) The report of any criminal records check conducted	9898
pursuant to a request made under this section is not a public	9899
record for the purposes of section 149.43 of the Revised Code and	9900
shall not be made available to any person other than the	9901
following:	9902

(1) The ~~individual~~applicant or employee who is the subject	9903
of the criminal records check or the ~~individual's~~applicant's or	9904
employee's representative;	9905

(2) The chief administrator of the community-based long-term	9906
care agency requesting the criminal records check or the	9907
administrator's representative;	9908

(3) The administrator of any other facility, agency, or	9909
program that provides direct care to individuals that is owned or	9910
operated by the same entity that owns or operates the	9911
community-based long-term care agency that requested the criminal	9912
records check;	9913

(4) The employment service that requested the criminal	9914
records check;	9915

(5) The director of aging or a person authorized by the	9916
director to monitor a community-based long-term care agency's	9917
compliance with this section;	9918

~~(5)~~(6) A court, hearing officer, or other necessary	9919
individual involved in a case dealing with aany of the following:	9920

(a) A denial of employment of the applicant or ~~dealing with~~	9921
~~employment~~employee;	9922

(b) Employment or unemployment benefits of the applicant or	9923
employee;	9924

~~(6) Any person to whom the report is provided pursuant to,~~	9925
~~and in accordance with, division (I)(1) or (2) of this section~~(c)	9926
A civil or criminal action regarding the medicaid program or a	9927
program the department of aging administers.	9928

~~(F) The department of aging shall adopt rules in accordance~~	9929
~~with Chapter 119. of the Revised Code to implement this section.~~	9930
~~The rules shall specify circumstances under which a~~	9931
~~community-based long-term care agency may employ a person who has~~	9932
~~been convicted of or pleaded guilty to an offense listed or~~	9933
~~described in division (C)(1) of this section but meets personal~~	9934
~~character standards set by the department.~~	9935

~~(G) The chief administrator of a community-based long-term~~	9936
~~care agency shall inform each person, at the time of initial~~	9937
~~application for a position that involves providing direct care to~~	9938
~~an individual, that the person is required to provide a set of~~	9939
~~fingerprint impressions and that a criminal records check is~~	9940
~~required to be conducted if the person comes under final~~	9941
~~consideration for employment.~~	9942

~~(H)~~(I) In a tort or other civil action for damages that is	9943
brought as the result of an injury, death, or loss to person or	9944
property caused by an ~~individual~~applicant or employee who a	9945
community-based long-term care agency employs in a position that	9946
involves providing direct care to individuals, all of the	9947
following shall apply:	9948

(1) If the agency employed the ~~individual~~applicant or	9949
employee in good faith and reasonable reliance on the report of a	9950
criminal records check requested under this section, the agency	9951
shall not be found negligent solely because of its reliance on the	9952
report, even if the information in the report is determined later	9953
to have been incomplete or inaccurate;.	9954

(2) If the agency employed the ~~individual~~applicant in good	9955
faith on a conditional basis pursuant to division ~~(C)(2)~~(G) of	9956
this section, the agency shall not be found negligent solely	9957
because it employed the ~~individual~~applicant prior to receiving	9958
the report of a criminal records check requested under this	9959
section;.	9960

(3) If the agency in good faith employed the ~~individual~~	9961
applicant or employee according to the personal character	9962
standards established in rules adopted under ~~division (F) of~~ this	9963
section, the agency shall not be found negligent solely because	9964
the ~~individual prior to being employed had~~applicant or employee	9965
has been convicted of or, pleaded guilty to ~~an offense listed or~~	9966
~~described in division (C)(1) of this section~~, or been found	9967
eligible for intervention in lieu of conviction for a	9968
disqualifying offense.	9969

~~(I)(1) The chief administrator of a community-based long-term~~	9970
~~care agency is not required to request that the superintendent of~~	9971
~~the bureau of criminal identification and investigation conduct a~~	9972
~~criminal records check of an applicant if the applicant has been~~	9973
~~referred to the agency by an employment service that supplies~~	9974
~~full-time, part-time, or temporary staff for positions involving~~	9975
~~the direct care of individuals and both of the following apply:~~	9976

~~(a) The chief administrator receives from the employment~~	9977
~~service or the applicant a report of the results of a criminal~~	9978
~~records check regarding the applicant that has been conducted by~~	9979
~~the superintendent within the one-year period immediately~~	9980
~~preceding the applicant's referral;~~	9981

~~(b) The report of the criminal records check demonstrates~~	9982
~~that the person has not been convicted of or pleaded guilty to an~~	9983
~~offense listed or described in division (C)(1) of this section, or~~	9984
~~the report demonstrates that the person has been convicted of or~~	9985
~~pleaded guilty to one or more of those offenses, but the~~	9986
~~community-based long-term care agency chooses to employ the~~	9987
~~individual pursuant to division (F) of this section.~~	9988

~~(2) The chief administrator of a community-based long-term~~	9989
~~care agency is not required to request that the superintendent of~~	9990
~~the bureau of criminal identification and investigation conduct a~~	9991
~~criminal records check of an applicant and may employ the~~	9992
~~applicant conditionally as described in this division, if the~~	9993
~~applicant has been referred to the agency by an employment service~~	9994
~~that supplies full-time, part-time, or temporary staff for~~	9995
~~positions involving the direct care of individuals and if the~~	9996
~~chief administrator receives from the employment service or the~~	9997
~~applicant a letter from the employment service that is on the~~	9998
~~letterhead of the employment service, dated, and signed by a~~	9999
~~supervisor or another designated official of the employment~~	10000
~~service and that states that the employment service has requested~~	10001
~~the superintendent to conduct a criminal records check regarding~~	10002
~~the applicant, that the requested criminal records check will~~	10003
~~include a determination of whether the applicant has been~~	10004
~~convicted of or pleaded guilty to any offense listed or described~~	10005
~~in division (C)(1) of this section, that, as of the date set forth~~	10006
~~on the letter, the employment service had not received the results~~	10007
~~of the criminal records check, and that, when the employment~~	10008
~~service receives the results of the criminal records check, it~~	10009
~~promptly will send a copy of the results to the community-based~~	10010
~~long-term care agency. If a community-based long-term care agency~~	10011
~~employs an applicant conditionally in accordance with this~~	10012
~~division, the employment service, upon its receipt of the results~~	10013
~~of the criminal records check, promptly shall send a copy of the~~	10014
~~results to the community-based long-term care agency, and division~~	10015
~~(C)(2)(b) of this section applies regarding the conditional~~	10016
~~employment.~~	10017

(J) The director of aging shall adopt rules in accordance	10018
with Chapter 119. of the Revised Code to implement this section.	10019

(1) The rules may do the following:

10020

(a) Require employees to undergo database reviews and	10021
criminal records checks under this section;	10022

(b) If the rules require employees to undergo database	10023
reviews and criminal records checks under this section, exempt one	10024
or more classes of employees from the requirements;	10025

(c) For the purpose of division (D)(7) of this section,	10026
specify other databases that are to be checked as part of a	10027
database review conducted under this section.	10028

(2) The rules shall specify all of the following:

10029

(a) The procedures for conducting database reviews under this	10030
section;	10031

(b) If the rules require employees to undergo database	10032
reviews and criminal records checks under this section, the times	10033
at which the database reviews and criminal records checks are to	10034
be conducted;	10035

(c) If the rules specify other databases to be checked as	10036
part of the database reviews, the circumstances under which a	10037
community-based long-term care agency is prohibited from employing	10038
an applicant or continuing to employ an employee who is found by a	10039
database review to be included in one or more of those databases;	10040

(d) Circumstances under which a community-based long-term	10041
care agency may employ an applicant or employee who is found by a	10042
criminal records check required by this section to have been	10043
convicted of, pleaded guilty to, or been found eligible for	10044
intervention in lieu of conviction for a disqualifying offense but	10045
meets personal character standards.	10046

Sec. 173.40. (A) As used in sections 173.40 to 173.402 of	10047
the Revised Code:	10048

"Medicaid waiver component" has the same meaning as in	10049
section 5111.85 of the Revised Code.	10050

"PASSPORT program" means the program created under this	10051
section.	10052

"PASSPORT waiver" means the federal medicaid waiver granted	10053
by the United States secretary of health and human services that	10054
authorizes the medicaid-funded component of the PASSPORT program.	10055

"Unified long-term services and support medicaid waiver	10056
component" means the medicaid waiver component authorized by	10057
section 5111.864 of the Revised Code.	10058

(B) There is hereby created the preadmission screening system	10059
providing options and resources today program, or PASSPORT. The	10060
PASSPORT program shall provide home and community-based services	10061
as an alternative to nursing facility placement for individuals	10062
who are aged and disabled and meet the program's applicable	10063
eligibility requirements. Subject to division (C) of this section,	10064
the program shall have a medicaid-funded component and a	10065
state-funded component.	10066

(C)(1) Unless the medicaid-funded component of the PASSPORT	10067
program is terminated under division (C)(2) of this section, all	10068
of the following apply:	10069

(a) The department of aging shall administer the	10070
medicaid-funded component through a contract entered into with the	10071
department of job and family services under section 5111.91 of the	10072
Revised Code.	10073

(b) The medicaid-funded component shall be operated as a	10074
separate medicaid waiver component.	10075

(c) For an individual to be eligible for the medicaid-funded	10076
component, the individual must be a medicaid recipient and meet	10077
the additional eligibility requirements applicable to the	10078
individual established in rules adopted under division (C)(1)(d)	10079
of this section.	10080

(d) The director of job and family services shall adopt rules	10081
under section 5111.85 of the Revised Code and the director of	10082
aging shall adopt rules in accordance with Chapter 119. of the	10083
Revised Code to implement the medicaid-funded component.	10084

(2) If the unified long-term services and support medicaid	10085
waiver component is created, the departments of aging and job and	10086
family services shall work together to determine whether the	10087
medicaid-funded component of the PASSPORT program should continue	10088
to operate as a separate medicaid waiver component or be	10089
terminated. If the departments determine that the medicaid-funded	10090
component of the PASSPORT program should be terminated, the	10091
medicaid-funded component shall cease to exist on a date the	10092
departments shall specify.	10093

(D)(1) The department of aging shall administer the	10094
state-funded component of the PASSPORT program. The state-funded	10095
component shall not be administered as part of the medicaid	10096
program.	10097

(2) For an individual to be eligible for the state-funded	10098
component, the individual must meet one of the following	10099
requirements and meet the additional eligibility requirements	10100
applicable to the individual established in rules adopted under	10101
division (D)(4) of this section:	10102

(a) The individual must have been enrolled in the	10103
state-funded component on September 1, 1991, (as the state-funded	10104
component was authorized by uncodified law in effect at that time)	10105
and have had one or more applications for enrollment in the	10106
medicaid-funded component (or, if the medicaid-funded component is	10107
terminated under division (C)(2) of this section, the unified	10108
long-term services and support medicaid waiver component) denied.	10109

(b) The individual must have had the individual's enrollment	10110
in the medicaid-funded component (or, if the medicaid-funded	10111
component is terminated under division (C)(2) of this section, the	10112
unified long-term services and support medicaid waiver component)	10113
terminated and the individual must still need the home and	10114
community-based services provided under the PASSPORT program to	10115
protect the individual's health and safety.	10116

(c) The individual must have an application for the	10117
medicaid-funded component (or, if the medicaid-funded component is	10118
terminated under division (C)(2) of this section, the unified	10119
long-term services and support medicaid waiver component) pending	10120
and the department or the department's designee must have	10121
determined that the individual meets the nonfinancial eligibility	10122
requirements of the medicaid-funded component (or, if the	10123
medicaid-funded component is terminated under division (C)(2) of	10124
this section, the unified long-term services and support medicaid	10125
waiver component) and not have reason to doubt that the individual	10126
meets the financial eligibility requirements of the	10127
medicaid-funded component (or, if the medicaid-funded component is	10128
terminated under division (C)(2) of this section, the unified	10129
long-term services and support medicaid waiver component).	10130

(3) An individual who is eligible for the state-funded	10131
component because the individual meets the requirement of division	10132
(D)(2)(c) of this section may participate in the component on that	10133
basis for not more than ~~three months~~ninety days.	10134

(4) The director of aging shall adopt rules in accordance	10135
with section 111.15 of the Revised Code to implement the	10136
state-funded component. The additional eligibility requirements	10137
established in the rules may vary for the different groups of	10138
individuals specified in divisions (D)(2)(a), (b), and (c) of this	10139
section.	10140

Sec. 173.42. (A) As used in sections 173.42 to 173.434 of	10141
the Revised Code:	10142

(1) "Area agency on aging" means a public or private	10143
nonprofit entity designated under section 173.011 of the Revised	10144
Code to administer programs on behalf of the department of aging.	10145

(2) "Department of aging-administered medicaid waiver	10146
component" means each of the following:	10147

(a) The medicaid-funded component of the PASSPORT program	10148
created under section 173.40 of the Revised Code;	10149

(b) The choices program created under section 173.403 of the	10150
Revised Code;	10151

(c) The medicaid-funded component of the assisted living	10152
program created under section 5111.89 of the Revised Code;	10153

(d) Any other medicaid waiver component, as defined in	10154
section 5111.85 of the Revised Code, that the department of aging	10155
administers pursuant to an interagency agreement with the	10156
department of job and family services under section 5111.91 of the	10157
Revised Code.	10158

(3) "Home and community-based services covered by medicaid	10159
components the department of aging administers" means all of the	10160
following:	10161

(a) Medicaid waiver services available to a participant in a	10162
department of aging-administered medicaid waiver component;	10163

(b) The following medicaid state plan services available to a	10164
participant in a department of aging-administered medicaid waiver	10165
component as specified in rules adopted under section 5111.02 of	10166
the Revised Code:	10167

(i) Home health services;

10168

(ii) Private duty nursing services;

10169

(iii) Durable medical equipment;

10170

(iv) Services of a clinical nurse specialist;

10171

(v) Services of a certified nurse practitioner.

10172

10173

(4) "Long-term care consultation" or "consultation" means the	10174
consultation service made available by the department of aging or	10175
a program administrator through the long-term care consultation	10176
program established pursuant to this section.	10177

(5) "Medicaid" means the medical assistance program	10178
established under Chapter 5111. of the Revised Code.	10179

(6) "Nursing facility" has the same meaning as in section	10180
5111.20 of the Revised Code.	10181

(7) "PACE program" means the component of the medicaid	10182
program the department of aging administers pursuant to section	10183
173.50 of the Revised Code.	10184

(8) "PASSPORT administrative agency" means an entity under	10185
contract with the department of aging to provide administrative	10186
services regarding the PASSPORT program.	10187

(9) "Program administrator" means an area agency on aging or	10188
other entity under contract with the department of aging to	10189
administer the long-term care consultation program in a geographic	10190
region specified in the contract.	10191

(10) "Representative" means a person acting on behalf of an	10192
individual specified in division (G) of this section. A	10193
representative may be a family member, attorney, hospital social	10194
worker, or any other person chosen to act on behalf of the	10195
individual.	10196

(B) The department of aging shall develop a long-term care	10197
consultation program whereby individuals or their representatives	10198
are provided with long-term care consultations and receive through	10199
these professional consultations information about options	10200
available to meet long-term care needs and information about	10201
factors to consider in making long-term care decisions. The	10202
long-term care consultations provided under the program may be	10203
provided at any appropriate time, as permitted or required under	10204
this section and the rules adopted under it, including either	10205
prior to or after the individual who is the subject of a	10206
consultation has been admitted to a nursing facility or granted	10207
assistance in receiving home and community-based services covered	10208
by medicaid components the department of aging administers.	10209

(C) The long-term care consultation program shall be	10210
administered by the department of aging, except that the	10211
department may have the program administered on a regional basis	10212
by one or more program administrators. The department and each	10213
program administrator shall administer the program in such a	10214
manner that all of the following are included:	10215

(1) Coordination and collaboration with respect to all	10216
available funding sources for long-term care services;	10217

(2) Assessments of individuals regarding their long-term care	10218
service needs;	10219

(3) Assessments of individuals regarding their on-going	10220
eligibility for long-term care services;	10221

(4) Procedures for assisting individuals in obtaining access	10222
to, and coordination of, health and supportive services, including	10223
department of aging-administered medicaid waiver components;	10224

(5) Priorities for using available resources efficiently and	10225
effectively.	10226

(D) The program's long-term care consultations shall be	10227
provided by individuals certified by the department under section	10228
173.422 of the Revised Code.	10229

(E) The information provided through a long-term care	10230
consultation shall be appropriate to the individual's needs and	10231
situation and shall address all of the following:	10232

(1) The availability of any long-term care options open to	10233
the individual;	10234

(2) Sources and methods of both public and private payment	10235
for long-term care services;	10236

(3) Factors to consider when choosing among the available	10237
programs, services, and benefits;	10238

(4) Opportunities and methods for maximizing independence and	10239
self-reliance, including support services provided by the	10240
individual's family, friends, and community.	10241

(F) An individual's long-term care consultation may include	10242
an assessment of the individual's functional capabilities. The	10243
consultation may incorporate portions of the determinations	10244
required under sections 5111.202, 5119.061, and 5123.021 of the	10245
Revised Code and may be provided concurrently with the assessment	10246
required under section 5111.204 of the Revised Code.	10247

(G)(1) Unless an exemption specified in division (I) of this	10248
section is applicable, each of the following shall be provided	10249
with a long-term care consultation:	10250

(a) An individual who applies or indicates an intention to	10251
apply for admission to a nursing facility, regardless of the	10252
source of payment to be used for the individual's care in a	10253
nursing facility;	10254

(b) An individual who requests a long-term care consultation;

10255

(c) An individual identified by the department or a program	10256
administrator as being likely to benefit from a long-term care	10257
consultation.	10258

(2) In addition to the individuals specified in division	10259
(G)(1) of this section, a long-term care consultation may be	10260
provided to a nursing facility resident regardless of the source	10261
of payment being used for the resident's care in the nursing	10262
facility.	10263

(H)(1) Except as provided in division (H)(2) or (3) of this	10264
section, a long-term care consultation provided pursuant to	10265
division (G) of this section shall be provided as follows:	10266

(a) If the individual for whom the consultation is being	10267
provided has applied for medicaid and the consultation is being	10268
provided concurrently with the assessment required under section	10269
5111.204 of the Revised Code, the consultation shall be completed	10270
in accordance with the applicable time frames specified in that	10271
section for providing a level of care determination based on the	10272
assessment.	10273

(b) In all other cases, the consultation shall be provided	10274
not later than five calendar days after the department or program	10275
administrator receives notice of the reason for which the	10276
consultation is to be provided pursuant to division (G) of this	10277
section.	10278

(2) An individual or the individual's representative may	10279
request that a long-term care consultation be provided on a date	10280
that is later than the date required under division (H)(1)(a) or	10281
(b) of this section.	10282

(3) If a long-term care consultation cannot be completed	10283
within the number of days required by division (H)(1) or (2) of	10284
this section, the department or program administrator may do any	10285
of the following:	10286

(a) In the case of an individual specified in division (G)(1)	10287
of this section, exempt the individual from the consultation	10288
pursuant to rules that may be adopted under division (L) of this	10289
section;	10290

(b) In the case of an applicant for admission to a nursing	10291
facility, provide the consultation after the individual is	10292
admitted to the nursing facility;	10293

(c) In the case of a resident of a nursing facility, provide	10294
the consultation as soon as practicable.	10295

(I) An individual is not required to be provided a long-term	10296
care consultation under division (G)(1) of this section if any of	10297
the following apply:	10298

(1) The department or program administrator has attempted to	10299
provide the consultation, but the individual or the individual's	10300
representative refuses to cooperate;	10301

(2) The individual is to receive care in a nursing facility	10302
under a contract for continuing care as defined in section 173.13	10303
of the Revised Code;	10304

(3) The individual has a contractual right to admission to a	10305
nursing facility operated as part of a system of continuing care	10306
in conjunction with one or more facilities that provide a less	10307
intensive level of services, including a residential care facility	10308
licensed under Chapter 3721. of the Revised Code, ~~an adult care~~a	10309
residential facility licensed under ~~sections 5119.70 to 5119.88~~	10310
section 5119.22 of the Revised Code that provides accommodations,	10311
supervision, and personal care services for three to sixteen	10312
unrelated adults, or an independent living arrangement;	10313

(4) The individual is to receive continual care in a home for	10314
the aged exempt from taxation under section 5701.13 of the Revised	10315
Code;	10316

(5) The individual is seeking admission to a facility that is	10317
not a nursing facility with a provider agreement under section	10318
5111.22, 5111.671, or 5111.672 of the Revised Code;	10319

(6) The individual is exempted from the long-term care	10320
consultation requirement by the department or the program	10321
administrator pursuant to rules that may be adopted under division	10322
(L) of this section.	10323

(J) As part of the long-term care consultation program, the	10324
department or program administrator shall assist an individual or	10325
individual's representative in accessing all sources of care and	10326
services that are appropriate for the individual and for which the	10327
individual is eligible, including all available home and	10328
community-based services covered by medicaid components the	10329
department of aging administers. The assistance shall include	10330
providing for the conduct of assessments or other evaluations and	10331
the development of individualized plans of care or services under	10332
section 173.424 of the Revised Code.	10333

(K) No nursing facility for which an operator has a provider	10334
agreement under section 5111.22, 5111.671, or 5111.672 of the	10335
Revised Code shall admit any individual as a resident, unless the	10336
nursing facility has received evidence that a long-term care	10337
consultation has been completed for the individual or division (I)	10338
of this section is applicable to the individual.	10339

(L) The director of aging may adopt any rules the director	10340
considers necessary for the implementation and administration of	10341
this section. The rules shall be adopted in accordance with	10342
Chapter 119. of the Revised Code and may specify any or all of the	10343
following:	10344

(1) Procedures for providing long-term care consultations	10345
pursuant to this section;	10346

(2) Information to be provided through long-term care	10347
consultations regarding long-term care services that are	10348
available;	10349

(3) Criteria and procedures to be used to identify and	10350
recommend appropriate service options for an individual receiving	10351
a long-term care consultation;	10352

(4) Criteria for exempting individuals from the long-term	10353
care consultation requirement;	10354

(5) Circumstances under which it may be appropriate to	10355
provide an individual's long-term care consultation after the	10356
individual's admission to a nursing facility rather than before	10357
admission;	10358

(6) Criteria for identifying nursing facility residents who	10359
would benefit from the provision of a long-term care consultation;	10360

(7) A description of the types of information from a nursing	10361
facility that is needed under the long-term care consultation	10362
program to assist a resident with relocation from the facility;	10363

(8) Standards to prevent conflicts of interest relative to	10364
the referrals made by a person who performs a long-term care	10365
consultation, including standards that prohibit the person from	10366
being employed by a provider of long-term care services;	10367

(9) Procedures for providing notice and an opportunity for a	10368
hearing under division (N) of this section.	10369

(M) To assist the department and each program administrator	10370
with identifying individuals who are likely to benefit from a	10371
long-term care consultation, the department and program	10372
administrator may ask to be given access to nursing facility	10373
resident assessment data collected through the use of the resident	10374
assessment instrument specified in rules adopted under section	10375
5111.02 of the Revised Code for purposes of the medicaid program.	10376
Except when prohibited by state or federal law, the department of	10377
health, department of job and family services, or nursing facility	10378
holding the data shall grant access to the data on receipt of the	10379
request from the department of aging or program administrator.	10380

(N)(1) The director of aging, after providing notice and an	10381
opportunity for a hearing, may fine a nursing facility an amount	10382
determined by rules the director shall adopt in accordance with	10383
Chapter 119. of the Revised Code for any of the following reasons:	10384

(a) The nursing facility admits an individual, without	10385
evidence that a long-term care consultation has been provided, as	10386
required by this section;	10387

(b) The nursing facility denies a person attempting to	10388
provide a long-term care consultation access to the facility or a	10389
resident of the facility;	10390

(c) The nursing facility denies the department of aging or	10391
program administrator access to the facility or a resident of the	10392
facility, as the department or administrator considers necessary	10393
to administer the program.	10394

(2) In accordance with section 5111.62 of the Revised Code,	10395
all fines collected under division (N)(1) of this section shall be	10396
deposited into the state treasury to the credit of the residents	10397
protection fund.	10398

Sec. 173.45. As used in this section and in sections 173.46	10399
to 173.49 of the Revised Code:	10400

(A) "~~Adult care~~Residential facility" ~~has the same meaning as~~	10401
inmeans a residential facility licensed under section ~~5119.70~~	10402
5119.22 of the Revised Code that provides accommodations,	10403
supervision, and personal care services for three to sixteen	10404
unrelated adults.	10405

(B) "Community-based long-term care services" has the same	10406
meaning as in section 173.14 of the Revised Code.	10407

(C) "Long-term care facility" means a nursing home or	10408
residential care facility.	10409

(D) "Nursing home" and "residential care facility" have the	10410
same meanings as in section 3721.01 of the Revised Code.	10411

(E) "Nursing facility" has the same meaning as in section	10412
5111.20 of the Revised Code.	10413

Sec. 173.46. (A) The department of aging shall develop and	10414
publish a guide to long-term care facilities for use by	10415
individuals considering long-term care facility admission and	10416
their families, friends, and advisors. The guide, which shall be	10417
titled the Ohio long-term care consumer guide, may be published in	10418
printed form or in electronic form for distribution over the	10419
internet. The guide may be developed as a continuation or	10420
modification of the guide published by the department prior to	10421
September 29, 2005, under rules adopted under section 173.02 of	10422
the Revised Code.	10423

(B) The Ohio long-term care consumer guide shall include	10424
information on each long-term care facility in this state. For	10425
each facility, the guide shall include the following information,	10426
as applicable to the facility:	10427

(1) Information regarding the facility's compliance with	10428
state statutes and rules and federal statutes and regulations;	10429

(2) Information generated by the centers for medicare and	10430
medicaid services of the United States department of health and	10431
human services from the quality measures developed as part of its	10432
nursing home quality initiative;	10433

(3) Results of the customer satisfaction surveys conducted	10434
under section 173.47 of the Revised Code;	10435

(4) Any other information the department specifies in rules	10436
adopted under section 173.49 of the Revised Code.	10437

(C) The Ohio long-term care consumer guide may include	10438
information on ~~adult care~~residential facilities and providers of	10439
community-based long-term care services. The department may adopt	10440
rules under section 173.49 of the Revised Code to specify the	10441
information to be included in the guide pursuant to this division.	10442

Sec. 189.04. (A) The local government innovation council	10443
shall award loans to a qualified political subdivision or a	10444
qualified group of political subdivisions to be used for the	10445
purchase of equipment, facilities, or systems or for	10446
implementation costs.	10447

Loans made under division (A) of this section shall be repaid	10448
by recipients using savings achieved from the innovation project	10449
or surplus money in a fund described in section 5709.43, 5709.75,	10450
or 5709.80 of the Revised Code.	10451

(B) Up to twenty per cent of the funds in the local	10452
government innovation fund, established in section 189.05 of the	10453
Revised Code, may be awarded by the council as grants to political	10454
subdivisions for use in process improvement or implementation of	10455
innovation project awards, except for local government performance	10456
measurement grants awarded under section 189.041 of the Revised	10457
Code.	10458

(C) In every two fiscal years, the council may award one	10459
million dollars from the local government innovation fund,	10460
established in section 189.05 of the Revised Code, as local	10461
government performance measurement grants under section 189.041 of	10462
the Revised Code.	10463

(D) The council shall award not more than one hundred	10464
thousand dollars in total grants and not more than one hundred	10465
thousand dollars in total loans to an individual political	10466
subdivision per innovation project under this section, excluding	10467
local government performance measurement grants awarded under	10468
section 189.041 of the Revised Code. For an innovation project	10469
involving a qualified group of political subdivisions, the council	10470
shall award, in total grants and loans, not more than five hundred	10471
thousand dollars, and the average amount per political subdivision	10472
shall not exceed one hundred thousand dollars.	10473

Sec. 189.041. (A) The local government innovation council	10474
shall award local government performance measurement grants to	10475
political subdivisions to pay the necessary expenses of	10476
participation in the center for performance measurement program of	10477
the international city/county management association. A political	10478
subdivision may use moneys awarded under this section only for the	10479
following purposes:	10480

(1) To pay the fee to the international city/county	10481
management association to enroll the political subdivision in the	10482
program;	10483

(2) To pay employees of the political subdivision for the	10484
hours of work required to receive training to participate in the	10485
program and to gather and submit data to the center for	10486
performance measurement for the purpose of participation in the	10487
program;	10488

(3) To pay an independent contractor to receive training to	10489
participate in the program and to gather and submit data to the	10490
center for performance measurement for the purpose of	10491
participation in the program; and	10492

(4) To pay for necessary equipment, including computer	10493
equipment and software, for the political subdivision to receive	10494
training to participate in the program and to gather and submit	10495
data to the center for performance measurement for the purpose of	10496
participation in the program, if the political subdivision does	10497
not already possess such equipment.	10498

(B)(1) All political subdivisions of the state are eligible	10499
to apply for a grant under this section. A political subdivision	10500
shall submit an application for a local government performance	10501
measurement grant to the council on a form specified by the	10502
council. The form shall require the political subdivision to	10503
provide a detailed estimate of the necessary expenses for the	10504
political subdivision to participate in the program.	10505

(2) A political subdivision that is awarded funds under this	10506
section shall not be required to contribute matching funds toward	10507
the cost of participation in the program.	10508

(3) The council shall award grants under this section in the	10509
order in which the council receives each properly completed	10510
application form, and in the amount reasonably requested in the	10511
application.	10512

(C)(1) The council shall award not more than ten thousand	10513
dollars in every two fiscal years to a political subdivision under	10514
this section.	10515

(2) After the end of each fiscal year in which a political	10516
subdivision has been awarded a grant under this section, the	10517
political subdivision shall do both of the following:	10518

(a) Prepare and submit to the council, on a form prescribed	10519
by the council, an itemized statement of the grant moneys that	10520
were expended and the purposes for which those moneys were	10521
expended.	10522

(b) Submit to the council any grant moneys awarded under this	10523
section that remain unexpended. The council shall deposit all	10524
unexpended moneys in the state treasury to the credit of the local	10525
government innovation fund created in section 189.05 of the	10526
Revised Code.	10527

Sec. 189.05. Funds for awards made by the local government	10528
innovation council shall be made from the local government	10529
innovation fund, which is hereby created in the state treasury.	10530
The fund shall consist of moneys appropriated to it, repayments of	10531
principal and interest on loans made from the fund, unexpended	10532
grant moneys submitted to the council under division (C)(2)(a) of	10533
section 189.041 of the Revised Code, and any grants or donations	10534
received from nonpublic entities. Interest earned on the money in	10535
the fund shall be credited to the fund.	10536

Sec. 189.06. (A) All political subdivisions of the state are	10537
eligible to apply for awards under the local government innovation	10538
program. ~~Applications~~Except for applications submitted for a	10539
local government performance measurement grant under section	10540
189.041 of the Revised Code, applications shall be submitted to	10541
the department of development on a form specified by the director	10542
of development. The department shall provide the application to	10543
the local government innovation council for evaluation and	10544
selection.	10545

~~The~~Except as provided in section 189.041 of the Revised	10546
Code, the local government innovation council shall award loans	10547
and grants under the program in accordance with a competitive	10548
process to be developed by the council.	10549

(B) Not later than December 31, 2011, the council shall	10550
establish criteria for evaluating proposals and making awards to	10551
political subdivisions, other than awards made under section	10552
189.041 of the Revised Code. The criteria shall be developed in	10553
consultation with nonpublic entities involved in local government	10554
issues, state institutions of higher education, and the department	10555
of development, as determined by the council. The criteria shall	10556
include a requirement that at least one of the political	10557
subdivisions that is a party to the proposal provide matching	10558
funds. The matching funds may be provided by a nonpublic entity or	10559
may be paid using surplus money in a fund described in section	10560
5709.43, 5709.75, or 5709.80 of the Revised Code. The criteria for	10561
evaluating proposals may include the following provisions:	10562

(1) The expected return on investment, based on the ratio of	10563
expected savings;	10564

(2) The number of participating entities in the proposal;

10565

(3) The probability of the proposal's success;

10566

(4) The percentage of local matching funds available;

10567

(5) The ability to replicate the proposal in other political	10568
subdivisions;	10569

(6) Whether the proposal is part of a larger consolidation	10570
effort by the applicant or applicants;	10571

(7) Whether the proposal is to implement performance audit or	10572
other audit recommendations under Chapter 117. of the Revised	10573
Code;	10574

(8) Whether the applicant has successfully completed an	10575
innovation project in the past.	10576

Sec. 189.08. (A) Starting not later than March 1, 2012, the	10577
local government innovation council shall begin evaluating	10578
applications and proposals received under section 189.041 of the	10579
Revised Code and from the department of development for awards to	10580
political subdivisions. Not later than July 1, 2012, the council	10581
shall make its first round of awards to the political	10582
subdivisions.	10583

(B) After making the first round of awards, the council shall	10584
evaluate proposals and make awards on a quarterly basis, or on	10585
another schedule determined by the council, with the council	10586
determining the funding levels for each round of awards.	10587

(C) When making awards from the local government innovation	10588
fund created in section 189.05 of the Revised Code, except for	10589
grants awarded under section 189.041 of the Revised Code, the	10590
funds awarded across all rounds shall be allocated as follows:	10591

(1) At least thirty per cent to political subdivisions that	10592
are not counties and have a population of less than 20,000	10593
residents as determined in the decennial census conducted in 2010	10594
or counties with a population of less than 235,000 residents as	10595
determined in the decennial census conducted in 2010;	10596

(2) At least thirty per cent to political subdivisions that	10597
are not counties and have a population of 20,000 residents or more	10598
as determined in the decennial census conducted in 2010 or	10599
counties with a population of 235,000 residents or more as	10600
determined in the decennial census conducted in 2010.	10601

If a proposal includes participants from both divisions	10602
(C)(1) and (2) of this section, the award may be drawn from either	10603
or both tiers in the local government innovation fund.	10604

Sec. 191.01. As used in this chapter:

10605

(A) "Administrative safeguards," "availability,"	10606
"confidentiality," "integrity," "physical safeguards," and	10607
"technical safeguards" have the same meanings as in 45 C.F.R.	10608
164.304.	10609

(B) "Business associate," "covered entity," "health plan,"	10610
"individually identifiable health information," and "protected	10611
health information" have the same meanings as in 45 C.F.R.	10612
160.103.	10613

(C) "Executive director of the office of health	10614
transformation" or "executive director" means the executive	10615
director of the office of health transformation or the chief	10616
administrative officer of a successor governmental entity	10617
responsible for health system oversight in this state.	10618

(D) "Government program providing public benefits" means any	10619
program administered by a state agency that has been identified,	10620
pursuant to section 191.02 of the Revised Code, by the executive	10621
director of the office of health transformation in consultation	10622
with the individuals specified in that section.	10623

(E) "Office of health transformation" means the office of	10624
health transformation created by executive order 2011-02K.	10625

(F) "Operating protocol" means a protocol adopted by the	10626
executive director of the office of health transformation or the	10627
executive director's designee under division (D) of section 191.06	10628
of the Revised Code.	10629

(G) "Participating agency" means a state agency that	10630
participates in a health transformation initiative as specified in	10631
the one or more operating protocols adopted for the initiative	10632
under division (D) of section 191.06 of the Revised Code.	10633

(H) "Personally identifiable information" means information	10634
that meets both of the following criteria:	10635

(1) It identifies an individual or there is a reasonable	10636
basis to believe that it may be used to identify an individual;	10637

(2) It relates to an individual's eligibility for,	10638
application for, or receipt of public benefits from a government	10639
program providing public benefits.	10640

(I) "State agency" means each of the following:

10641

(1) The department of aging;

10642

(2) The department of alcohol and drug addiction services;

10643

(3) The department of development;

10644

(4) The department of developmental disabilities;

10645

(5) The department of education;

10646

(6) The department of health;

10647

(7) The department of insurance;

10648

(8) The department of job and family services;

10649

(9) The department of mental health;

10650

(10) The department of rehabilitation and correction;

10651

(11) The department of taxation;

10652

(12) The department of veterans services;

10653

(13) The department of youth services.

10654

(J) "Unsecured" has the same meaning as in 16 C.F.R. 318.2.

10655

Sec. 191.02. The executive director of the office of health	10656
transformation, in consultation with all of the following	10657
individuals, shall identify each government program administered	10658
by a state agency that is to be considered a government program	10659
providing public benefits for purposes of section 191.04 of the	10660
Revised Code:	10661

(A) The director of aging;

10662

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

10663

10664

(D) The director of developmental disabilities;

10665

(E) The director of health;

10666

(F) The director job and family services;

10667

(G) The director of mental health;

10668

(H) The director of rehabilitation and correction;

10669

(I) The director of veterans services;

10670

(J) The director of youth services;

10671

(K) The administrator of the rehabilitation services	10672
commission;	10673

(L) The administrator of workers' compensation;

10674

(M) The superintendent of insurance;

10675

(N) The superintendent of public instruction;

10676

(O) The tax commissioner.

10677

Sec. 191.04. (A) In accordance with federal laws governing	10678
the confidentiality of individually identifiable health	10679
information, including the "Health Insurance Portability and	10680
Accountability Act of 1996," 104 Pub. L. No. 191, 110 Stat. 2021,	10681
42 U.S.C. 1320d et seq., as amended, and regulations promulgated	10682
by the United States department of health and human services to	10683
implement the act, a state agency may exchange protected health	10684
information with another state agency relating to eligibility for	10685
or enrollment in a health plan or relating to participation in a	10686
government program providing public benefits if the exchange of	10687
information is necessary for either or both of the following:	10688

(1) Operating a health plan;

10689

(2) Coordinating, or improving the administration or	10690
management of, the health care-related functions of at least one	10691
government program providing public benefits.	10692

(B) For fiscal year 2013 only, a state agency also may	10693
exchange personally identifiable information with another state	10694
agency for purposes related to and in support of a health	10695
transformation initiative identified by the executive director of	10696
the office of health transformation pursuant to division (C) of	10697
section 191.06 of the Revised Code.	10698

(C) With respect to a state agency that uses or discloses	10699
personally identifiable information, all of the following	10700
conditions apply:	10701

(1) The state agency shall use or disclose the information	10702
only as permitted or required by state and federal law. In	10703
addition, if the information is obtained during fiscal year 2013	10704
from an exchange of personally identifiable information permitted	10705
under division (B) of this section, the agency shall also use or	10706
disclose the information in accordance with all operating	10707
protocols that apply to the use or disclosure.	10708

(2) If the state agency is a state agency other than the	10709
department of job and family services and it uses or discloses	10710
protected health information that is related to a medicaid	10711
recipient and obtained from the department of job and family	10712
services or another agency operating a component of the medicaid	10713
program, the state agency shall comply with all state and federal	10714
laws that apply to the department of job and family services when	10715
that department, as the state's single state agency to supervise	10716
the medicaid program as specified in section 5111.01 of the	10717
Revised Code, uses or discloses protected health information.	10718

(3) A state agency shall implement administrative, physical,	10719
and technical safeguards for the purpose of protecting the	10720
confidentiality, integrity, and availability of personally	10721
identifiable information the creation, receipt, maintenance, or	10722
transmittal of which is affected or governed by this section.	10723

(4) If a state agency discovers an unauthorized use or	10724
disclosure of unsecured protected health information or unsecured	10725
individually identifiable health information, the state agency	10726
shall, not later than seventy-two hours after the discovery, do	10727
all of the following:	10728

(a) Identify the individuals who are the subject of the	10729
protected health information or individually identifiable health	10730
information;	10731

(b) Report the discovery and the names of all individuals	10732
identified pursuant to division (C)(4)(a) of this section to all	10733
other state agencies and the executive director of the office of	10734
health transformation or the executive director's designee;	10735

(c) Mitigate, to the extent reasonably possible, any	10736
potential adverse effects of the unauthorized use or disclosure.	10737

(5) A state agency shall make available to the executive	10738
director of the office of health transformation or the executive	10739
director's designee, and to any other state or federal	10740
governmental entity required by law to have access on that	10741
entity's request, all internal practices, records, and	10742
documentation relating to personally identifiable information it	10743
receives, uses, or discloses that is affected or governed by this	10744
section.	10745

(6) On termination or expiration of an operating protocol and	10746
if feasible, a state agency shall return or destroy all personally	10747
identifiable information received directly from or received on	10748
behalf of another state agency. If the personally identifiable	10749
information is not returned or destroyed, the state agency	10750
maintaining the information shall extend the protections set forth	10751
in this section for as long as it is maintained.	10752

(7) If a state agency enters into a subcontract or, when	10753
required by 45 C.F.R. 164.502(e)(2), a business associate	10754
agreement, the subcontract or business associate agreement shall	10755
require the subcontractor or business associate to comply with the	10756
terms of this section as if the subcontractor or business	10757
associate were a state agency.	10758

Sec. 191.06. (A) The provisions of this section shall apply	10759
only for fiscal year 2013.	10760

(B) The executive director of the office of health	10761
transformation or the executive director's designee may facilitate	10762
the coordination of operations and exchange of information between	10763
state agencies. The purpose of the executive director's authority	10764
under this section is to support agency collaboration for health	10765
transformation purposes, including modernization of the medicaid	10766
program, streamlining of health and human services programs in	10767
this state, and improving the quality, continuity, and efficiency	10768
of health care and health care support systems in this state.	10769

(C) In furtherance of the authority of the executive director	10770
of the office of health transformation under division (B) of this	10771
section, the executive director or the executive director's	10772
designee shall identify each health transformation initiative in	10773
this state that involves the participation of two or more state	10774
agencies and that permits or requires an interagency agreement to	10775
be entered into for purposes of specifying each participating	10776
agency's role in coordinating, operating, or funding the	10777
initiative, or facilitating the exchange of data or other	10778
information for the initiative. The executive director shall	10779
publish a list of the identified health transformation initiatives	10780
on the internet web site maintained by the office of health	10781
transformation.	10782

(D) For each health transformation initiative that is	10783
identified under division (C) of this section, the executive	10784
director or the executive director's designee shall, in	10785
consultation with each participating agency, adopt one or more	10786
operating protocols. Notwithstanding any law enacted by the	10787
general assembly or rule adopted by a state agency, the provisions	10788
in a protocol shall supersede any provisions in an interagency	10789
agreement, including an interagency agreement entered into under	10790
section 5101.10 or 5111.91 of the Revised Code, that differ from	10791
the provisions of the protocol.	10792

(E)(1) An operating protocol adopted under division (D) of	10793
this section shall include both of the following:	10794

(a) All terms necessary to meet the requirements of "other	10795
arrangements" between a covered entity and a business associate	10796
that are referenced in 45 C.F.R. 164.314(a)(2)(ii);	10797

(b) If known, the date on which the protocol will terminate	10798
or expire.	10799

(2) In addition, a protocol may specify the extent to which	10800
each participating agency is responsible and accountable for	10801
completing the tasks necessary for successful completion of the	10802
initiative, including tasks relating to the following components	10803
of the initiative:	10804

(a) Workflow;

10805

(b) Funding;

10806

(c) Exchange of data or other information that is	10807
confidential pursuant to state or federal law.	10808

(F) An operating protocol adopted under division (D) of this	10809
section shall have the same force and effect as an interagency	10810
agreement or data sharing agreement, and each participating agency	10811
shall comply with it.	10812

(G) The director of job and family services shall determine	10813
whether a waiver of federal medicaid requirements or a medicaid	10814
state plan amendment is necessary to fulfill the requirements of	10815
this section. If the director determines a waiver or medicaid	10816
state plan amendment is necessary, the director shall apply to the	10817
United States secretary of health and human services for the	10818
waiver or amendment.	10819

Sec. 306.04. (A) Except as otherwise provided in division	10820
(B) of this section, employees of a county transit board or a	10821
board of county commissioners operating a transit system are	10822
employees of the county. If the system is operated by the board of	10823
county commissioners, the board shall appoint an executive	10824
director, who shall be in the unclassified service.	10825

(B) Any county transit board that established its own civil	10826
service organization and procedure prior to ~~the effective date of~~	10827
~~this amendment~~October 25, 1995, shall continue to operate under	10828
that organization. Appointments and promotions in that system	10829
shall be made, as far as practicable, by competitive examination.	10830

A board that established its own civil service organization	10831
prior to ~~the effective date of this amendment~~October 25, 1995,	10832
shall establish by rule the seniority provisions relating to	10833
street railway and motor bus employees in effect at the time of	10834
the acquisition of the transit system by the county. The vacation,	10835
holiday, and sick leave privileges shall not be regulated by other	10836
provisions of law relating to public employees of the state or	10837
county, except that the transit board, its officers and employees,	10838
shall be subject to the public employees retirement system of the	10839
state and the transit board shall assume any pension obligations	10840
which have been assumed by any publicly owned transit system which	10841
the county may acquire.	10842

(C) A county transit board or board of county commissioners	10843
operating a transit system may:	10844

(1) Acquire in its name by gift, grant, purchase, or	10845
condemnation and hold and operate real estate and interests	10846
therein and personal property suitable for its purposes;	10847

(2) In its name purchase, acquire, construct, enlarge,	10848
improve, equip, repair, maintain, sell, exchange, lease as lessee	10849
or lessor, receive a right of use of, and manage, control, and	10850
operate, in or out of the county, a county transit system	10851
consisting of all real estate and interests therein, personal	10852
property, and a combination thereof, for or related to the	10853
movement of persons including but not limited to street railway,	10854
tramline, subways, rapid transits, monorails, and passenger bus	10855
systems but excluding therefrom trucks, the movement of property	10856
by truck, and facilities designed for use in the movement of	10857
property by truck for hire;	10858

(3) Issue, with the approval of the county commissioners when	10859
the issuance is made by the transit board, revenue bonds of the	10860
county as provided in division (B) of section 306.09 of the	10861
Revised Code, to secure funds to accomplish its purposes. The	10862
principal of and interest on such bonds, together with all other	10863
payments required to be made by the trust agreement or indenture	10864
securing such bonds, shall be paid solely from revenues or other	10865
income accruing to the board from facilities of the county transit	10866
system designated in said agreement or indenture.	10867

(4) Enter into contracts in the exercise of the rights,	10868
powers, and duties conferred upon it, and execute all instruments	10869
necessary in the conduct of its business;	10870

(5) Fix, alter, and charge rates and other charges for the	10871
use of its real estate and interests therein, personal property,	10872
and combinations thereof;	10873

(6) Employ such financial consultants, accountants,	10874
appraisers, consulting engineers, architects, construction	10875
experts, attorneys-at-law, managers and other supervisory	10876
personnel, and other officers, employees, and agents as it	10877
determines necessary to conduct its business, and fix their	10878
compensation and duties;	10879

(7) Pledge, hypothecate, or otherwise encumber its revenues	10880
and other income as security for its obligations and enter into	10881
trust agreements or indentures for the benefit of revenue	10882
bondholders;	10883

(8) Borrow money or accept or contract to accept advances,	10884
loans, gifts, grants, devises, or bequests from and enter into	10885
contracts or agreements with any federal, state, or other	10886
governmental or private source and hold and apply advances, loans,	10887
gifts, grants, devises, or bequests according to the terms thereof	10888
including provisions which are required by such federal, state, or	10889
other governmental or private source to protect the interest of	10890
employees affected by such advances, loans, gifts, grants,	10891
devises, or bequests. Such advances, loans, gifts, grants, or	10892
devises may be subject to any reasonable reservation and any gift,	10893
grant, or devise or real estate may be in fee simple or any lesser	10894
estate. Any advances or loans received from any federal, state, or	10895
other governmental or private source may be repaid in accordance	10896
with the terms of such advance or loan.	10897

(9) Conduct investigations and surveys into the needs of the	10898
public within or without the county for transportation services to	10899
provide for the movement of persons within, into, or from the area	10900
serviced or to be serviced by the county transit system;	10901

(10) Enter into lawful arrangements with the appropriate	10902
federal or state department or agency, county, township, municipal	10903
corporation, or other political subdivision or public agency for	10904
the planning and installation of any public facilities which are	10905
determined necessary in the conduct of its business;	10906

(11) Purchase fire, extended coverage, and liability	10907
insurance for the real estate and interests therein, personal	10908
property and any combination thereof, used by or in connection	10909
with the county transit system and insurance covering the board	10910
and the county transit system and its officers and employees for	10911
liability for damage or injury to persons or property;	10912

(12) Procure and pay all or any part of the cost of group	10913
hospitalization, surgical, major medical, or sickness and accident	10914
insurance, or a combination thereof, for the officers and	10915
employees of the county transit system and their immediate	10916
dependents, issued by an insurance company, duly authorized to do	10917
business in this state;	10918

(13) Sell, lease, release, or otherwise dispose of real	10919
estate or interests therein or personal property owned by it and	10920
grant such easements across its real estate and interests therein	10921
as will not interfere with its use by the county transit system;	10922

(14) Establish rules for the use and operation of the county	10923
transit system including the real estate or interests therein,	10924
personal property or a combination of the foregoing used by or in	10925
connection with such system;	10926

(15) Exercise the power of eminent domain to appropriate any	10927
real estate or interests therein, personal property, franchises,	10928
or any combination thereof, within or without the county,	10929
necessary or proper in the exercise of its powers provided in	10930
sections 306.01 to 306.13 of the Revised Code, as provided in	10931
sections 163.01 to 163.22 of the Revised Code, and subject to	10932
divisions (15)(a), (b), and (c) of this section, provided that a	10933
county transit board or a board of county commissioners operating	10934
a transit system shall not proceed to so appropriate real property	10935
outside its territorial boundaries, until it has served at the	10936
office of the county commissioners of the county in which it is	10937
proposed to appropriate real property, a notice describing the	10938
real property to be taken and the purpose for which it is proposed	10939
to be taken, and such county commissioners have entered on their	10940
journal within thirty days after such service a resolution	10941
approving such appropriation;	10942

(a) Nothing contained in this division authorizes a county	10943
transit board or a board of county commissioners to appropriate	10944
any land, rights, rights-of-way, franchises, or easements	10945
belonging to the state or to a municipal corporation without the	10946
consent of the state or of the municipal corporation, and no	10947
county transit board or board of county commissioners shall	10948
exercise the right of eminent domain to acquire any certificate of	10949
public convenience and necessity, or any part thereof, issued to a	10950
for-hire motor ~~transportation company~~carrier by the public	10951
utilities commission of Ohio or by the ~~interstate commerce~~	10952
~~commission~~federal motor carrier safety administration of the	10953
United States, or to take or disturb other real estate or	10954
interests therein, personal property, or any combination thereof	10955
belonging to any municipal corporation without the consent of the	10956
legislative authority of such municipal corporation, or take or	10957
disturb real estate or interests therein, personal property, or	10958
any combination thereof belonging to any other political	10959
subdivision, public corporation, public utility, or common	10960
carrier, which is necessary and convenient in the operation of	10961
such political subdivision, public corporation, public utility, or	10962
common carrier unless provision is made for the restoration,	10963
relocation, or duplication of that taken or upon the election of	10964
such political subdivision, public corporation, public utility, or	10965
common carrier for the payment of compensation, if any, at the	10966
sole cost of the county transit system.	10967

(b) If any restoration or duplication proposed to be made	10968
under this division involves a relocation, the new location shall	10969
have at least comparable utilitarian value and effectiveness, and	10970
such relocation shall not impair the ability of the public utility	10971
or common carrier to compete in its original area of operation.	10972

(c) If such restoration or duplication proposed to be made	10973
under this division involves a relocation, the county transit	10974
board or board of county commissioners shall acquire no interest	10975
or right in or to the appropriated property or facility until the	10976
relocated property or facility is available for use and until	10977
marketable title thereto has been transferred to the political	10978
subdivision, public corporation, public utility, or common	10979
carrier. Nothing in this division shall require any board of	10980
county commissioners or county transit board operating a county	10981
transit system to so restore, relocate, or duplicate, if all of	10982
the real estate and interests therein, personal property, and any	10983
combination of the foregoing which is owned by a public utility or	10984
common carrier and used by it or in connection with the movement	10985
of persons, is acquired by exercise of the power of eminent	10986
domain.	10987

(16) When real property is acquired that is located outside	10988
the county and is removed from the tax duplicate, the county	10989
transit board or board of county commissioners operating a transit	10990
system shall pay annually to the county treasurer of the county in	10991
which that property is located, commencing with the first tax year	10992
in which that property is removed from the tax duplicate, an	10993
amount of money in lieu of taxes equal to the smaller of the	10994
following:	10995

(a) The last annual installment of taxes due from the	10996
acquired property before removal from the tax duplicate;	10997

(b) An amount equal to the difference between the combined	10998
revenue from real estate taxes of all the taxing districts in	10999
which the property is located in the tax year immediately prior to	11000
the removal of the acquired property from the tax duplicate, and	11001
either:	11002

(i) The total revenue which would be produced by the tax rate	11003
of each such taxing district in the tax year immediately prior to	11004
the removal of the acquired property from the tax duplicate,	11005
applied to the real estate tax duplicate of each of such taxing	11006
districts in each tax year subsequent to the year of removal; or	11007

(ii) The combined revenue from real estate taxes of all such	11008
taxing districts in each tax year subsequent to the year of	11009
removal, whichever is the greater.	11010

The county transit board or board of county commissioners may	11011
be exempted from such payment by agreement of the affected taxing	11012
district or districts in the county in which the property is	11013
located.	11014

The county auditor of the county in which that property is	11015
located shall apportion each such annual payment to each taxing	11016
district as if the annual payment had been levied and collected as	11017
a tax.	11018

Those annual payments shall never again be made after they	11019
have ceased.	11020

(17) Sue or be sued, plead or be impleaded, and be held	11021
liable in any court of proper jurisdiction for damages received by	11022
reason of negligence, in the same manner and to the same extent as	11023
if the county transit system were privately operated, provided,	11024
that no funds of a county other than those of the county transit	11025
board or, if the transit system is operated by the board of county	11026
commissioners, other than those in the account for the county	11027
transit system created under division (C) of section 306.01 of the	11028
Revised Code, shall be available for the satisfaction of judgments	11029
rendered against that system;	11030

(18) Annually prepare and make available for public	11031
inspection a report in condensed form showing the financial	11032
results of the operation of the county transit system. For systems	11033
operated by a county transit board, copies of this report shall be	11034
furnished to the county commissioners as well as a monthly summary	11035
statement of revenues and expenses for the preceding month	11036
sufficient to show the exact financial condition of the county	11037
transit system as of the last day of the preceding month.	11038

(19) With the approval of the county commissioners when the	11039
action is taken by the transit board, and without competitive	11040
bidding, sell, lease, or grant the right of use of all or a	11041
portion of the county transit system to any other political	11042
subdivision, taxing district, or other public body or agency	11043
having the power to operate a transit system;	11044

(20) Enter into and supervise franchise agreements for the	11045
operation of a county transit system;	11046

(21) Accept the assignment of and then supervise an existing	11047
franchise agreement for the operation of a county transit system.	11048

Sec. 306.36. (A) The board of trustees of a regional transit	11049
authority may exercise the power of eminent domain to appropriate	11050
any land, rights, rights-of-way, franchise, power lines,	11051
easements, or other property, within or without the territorial	11052
boundaries of the regional transit authority, necessary or proper	11053
for the construction or efficient operation of any transit	11054
facility or access thereto under its jurisdiction pursuant to the	11055
procedure provided in sections 163.01 to 163.22, inclusive, of the	11056
Revised Code, and subject to division (B) of this section,	11057
provided that a regional transit authority shall not proceed to so	11058
appropriate real property outside its territorial boundaries,	11059
until it has served at the office of the county commissioners of	11060
the county in which it is proposed to appropriate real property, a	11061
notice describing the real property to be taken and the purpose	11062
for which it is proposed to be taken, and such county	11063
commissioners have entered on their journal within thirty days	11064
after such service a resolution approving such appropriation.	11065

(B) Nothing contained in sections 306.30 to 306.53,	11066
inclusive, of the Revised Code authorizes a regional transit	11067
authority to appropriate any land, rights, rights-of-way,	11068
franchises, or easements belonging to the state or a municipal	11069
corporation without the consent of the state or municipal	11070
corporation, and no regional transit authority shall exercise the	11071
right of eminent domain to acquire any certificate of public	11072
convenience and necessity, or any part thereof, issued to a	11073
for-hire motor ~~transportation company~~carrier by the public	11074
utilities commission of Ohio or by the ~~interstate commerce~~	11075
~~commission of the United States~~federal motor carrier safety	11076
administration, or to take or disturb other property or facilities	11077
belonging to any political subdivision, public corporation, public	11078
utility, or common carrier, which property or facility is	11079
necessary and convenient in the operation of such political	11080
subdivision, public corporation, public utility, or common	11081
carrier, unless provision is made for the restoration, relocation,	11082
or duplication of such property or facility, or upon the election	11083
of such political subdivision, public corporation, public utility,	11084
or common carrier, for the payment of compensation, if any, at the	11085
sole cost of the regional transit authority, provided:	11086

(1) If any restoration or duplication of any property or	11087
facility proposed to be made under this division involves a	11088
relocation of such property or facility the new facility and	11089
location thereof shall be of at least comparable utilitarian value	11090
and effectiveness and such relocation shall not impair the ability	11091
of the public utility or common carrier to compete in its original	11092
area of operation.	11093

(2) If any restoration or duplication of any property or	11094
facility proposed to be made under this division involves a	11095
relocation of such property or facility, the regional transit	11096
authority shall acquire no interest or right in or to the	11097
appropriated property or facility until the relocated property or	11098
facility is available for use and until marketable title thereto	11099
has been transferred to the public utility or common carrier.	11100

(C) When real property is acquired which is located outside	11101
the territorial boundaries of the regional transit authority and	11102
which is removed from the tax duplicate, the regional transit	11103
authority shall pay annually to the county treasurer of the county	11104
in which such property is located, commencing with the first tax	11105
year in which such property is removed from the tax duplicate, an	11106
amount of money in lieu of taxes equal to the smaller of the	11107
following:	11108

(1) The last annual installment of taxes due from the	11109
acquired property before removal from the tax duplicate;	11110

(2) An amount equal to the difference between the combined	11111
revenue from real estate taxes of all the taxing districts in	11112
which such property is located in the tax year immediately prior	11113
to the removal of such acquired property from the tax duplicate,	11114
and either:	11115

(a) The total revenue which would be produced by the tax rate	11116
of each such taxing district in the tax year immediately prior to	11117
the removal of such acquired property from the tax duplicate,	11118
applied to the real estate tax duplicate of each of such taxing	11119
districts in each tax year subsequent to the year of removal; or	11120

(b) The combined revenue from real estate taxes of all such	11121
taxing districts in each tax year subsequent to the year of	11122
removal, whichever is the greater.	11123

The county auditor of each county in which such property is	11124
located shall apportion each such annual payment to each taxing	11125
district as if such annual payment has been levied and collected	11126
as a tax.	11127

Such annual payments shall never again be made after they	11128
have ceased.	11129

The regional transit authority may be exempted from such	11130
payment by agreement of the affected taxing district or districts	11131
in the county in which such property is located.	11132

Sec. 306.55. Beginning July 1, 2011 and until November 5,	11133
2013, the legislative authority of any municipal corporation or	11134
the board of township trustees of any township that has created or	11135
joined a regional transit authority that levies a property tax and	11136
that includes in its membership political subdivisions that are	11137
located in a county having a population of at least four hundred	11138
thousand according to the most recent federal census, may withdraw	11139
the municipal corporation or the unincorporated territory of the	11140
township from the regional transit authority in the manner	11141
provided in this section. The legislative authority ~~of the~~	11142
~~municipal corporation~~ or board of township trustees ~~of the~~	11143
~~township~~ proposing to withdraw shall adopt a resolution to submit	11144
the question of withdrawing from the regional transit authority to	11145
the electors of the ~~territory~~municipal corporation or the	11146
unincorporated area of the township to be withdrawn and shall	11147
certify the proposal to the board of elections for the purpose of	11148
having the proposal placed on the ballot at the next general	11149
election or at a special election conducted on the day of the next	11150
primary election that occurs not less than ninety days after the	11151
resolution is certified to the board of elections.	11152

Upon certification of a proposal to the board of elections	11153
pursuant to this section, the board of elections shall make the	11154
necessary arrangements for the submission of the question to the	11155
electors of the territory to be withdrawn from the regional	11156
transit authority qualified to vote on the question~~, and the~~. For	11157
a municipal corporation, the election shall be held, canvassed,	11158
and certified in the same manner as regular elections for the	11159
election of officers of the ~~subdivision~~municipal corporation	11160
proposing to withdraw from the regional transit authority, except	11161
that the question appearing on the ballot of a municipal	11162
corporation shall read:	11163

"Shall the territory within the .........................	11164
(~~Name~~name of ~~political subdivision~~municipal corporation to be	11165
withdrawn) be withdrawn from ......................... .........	11166
(~~Name~~name of) regional transit authority)?"	11167

For the unincorporated area of a township, the election shall	11168
be held, canvassed, and certified in the same manner as regular	11169
elections for the election of officers of the township, except	11170
that question shall only be presented to electors of the	11171
unincorporated area of the township and the question appearing on	11172
the ballot of the unincorporated area of the township shall read:	11173

"Shall the territory of the unincorporated area of ......	11174
(name of township to be withdrawn) be withdrawn from ...... (name	11175
of regional transit authority)?"	11176

The legislative authority of a municipal corporation or board	11177
of trustees of a township, by vote of two-thirds of all members of	11178
the legislative authority or board, may adopt a resolution and	11179
certify that resolution to the board of elections for the combined	11180
purpose of withdrawing from a regional transit authority as	11181
provided in this section and levying a property tax pursuant to	11182
division (XX) of section 5705.19 of the Revised Code for a	11183
municipal corporation and section 5705.72 of the Revised Code for	11184
a township. If the questions are combined, the question appearing	11185
on the ballot shall be as provided in section 5705.252 of the	11186
Revised Code.	11187

~~If the question is approved by at least a majority of the~~	11188
~~electors voting on the question, the withdrawal is effective six~~	11189
~~months from the date of the certification of its passage.~~	11190

The board of elections to which the resolution was certified	11191
shall certify the results of the election to the board or	11192
legislative authority of the subdivision that submitted the	11193
resolution to withdraw and to the board of trustees of the	11194
regional transit authority from which the subdivision proposed to	11195
withdraw. If the question is approved by at least a majority of	11196
the electors voting on the question, the municipal corporation's	11197
or unincorporated area of the township's membership in the	11198
regional transit authority terminates on the thirty-first day of	11199
December of the calendar year in which the election is held.	11200

If the question of withdrawing from the regional transit	11201
authority is approved, the power of the regional transit authority	11202
to levy a tax on taxable property in the affected area of the	11203
withdrawing subdivision terminates beginning with the tax year in	11204
which the election is held, and no taxes from the levy may be	11205
charged for collection against such property for that tax year.	11206

Sec. 307.05. As used in this section, "emergency medical	11207
service organization" has the same meaning as in section 4765.01	11208
of the Revised Code.	11209

A board of county commissioners may operate an ambulance	11210
service organization or emergency medical service organization,	11211
or, in counties with a population of forty thousand or less, may	11212
operate a nonemergency patient transport service organization, or	11213
may enter into a contract with one or more counties, townships,	11214
municipal corporations, nonprofit corporations, joint emergency	11215
medical services districts, fire and ambulance districts, or	11216
private ambulance owners, regardless of whether such counties,	11217
townships, municipal corporations, nonprofit corporations, joint	11218
emergency medical services districts, fire and ambulance	11219
districts, or private ambulance owners are located within or	11220
without the state, in order to furnish or obtain the services of	11221
ambulance service organizations, to furnish or obtain additional	11222
services from ambulance service organizations in times of	11223
emergency, to furnish or obtain the services of emergency medical	11224
service organizations, or, in counties with a population of forty	11225
thousand or less, to furnish or obtain services of nonemergency	11226
patient transport service organizations, or may enter into a	11227
contract with any such entity to furnish or obtain the interchange	11228
of services from ambulance or emergency medical service	11229
organizations, or, within counties with a population of forty	11230
thousand or less, to furnish or obtain the interchange of services	11231
from nonemergency patient transport service organizations, within	11232
the territories of the contracting subdivisions. Except in the	11233
case of a contract with a joint emergency medical services	11234
district to obtain the services of emergency medical service	11235
organizations, such contracts shall not be entered into with a	11236
public agency or nonprofit corporation that receives more than	11237
half of its operating funds from governmental entities with the	11238
intention of directly competing with the operation of other	11239
ambulance service organizations, nonemergency patient transport	11240
service organizations, or emergency medical service organizations	11241
in the county unless the public agency or nonprofit corporation is	11242
awarded the contract after submitting the lowest and best bid to	11243
the board of county commissioners. Any county wishing to commence	11244
operation of a nonemergency patient transport service organization	11245
or wishing to enter into a contract for the first time to furnish	11246
or obtain services from a nonemergency patient transport service	11247
organization on or after March 1, 1993, including a county in	11248
which a private provider has been providing the service, shall	11249
demonstrate the need for public funding for the service to, and	11250
obtain approval from, the state board of emergency medical, fire,	11251
and transportation services or its immediate successor board prior	11252
to operating or funding the organization.	11253

When such an organization is operated by the board, the	11254
organization may be administered by the board, by the county	11255
sheriff, or by another county officer or employee designated by	11256
the board. All rules, including the determining of reasonable	11257
rates, necessary for the establishment, operation, and maintenance	11258
of such an organization shall be adopted by the board.	11259

A contract for services of an ambulance service, nonemergency	11260
patient transport service, or emergency medical service	11261
organization shall include the terms, conditions, and stipulations	11262
as agreed to by the parties to the contract. It may provide for a	11263
fixed annual charge to be paid at the times agreed upon and	11264
stipulated in the contract, or for compensation based upon a	11265
stipulated price for each run, call, or emergency or the number of	11266
persons or pieces of apparatus employed, or the elapsed time of	11267
service required in such run, call, or emergency, or any	11268
combination thereof.	11269

Sec. 307.051. As used in this section, "emergency medical	11270
service organization" has the same meaning as in section 4766.01	11271
of the Revised Code.	11272

A board of county commissioners, by adoption of an	11273
appropriate resolution, may choose to have the ~~Ohio~~state board of	11274
emergency medical, fire, and transportation ~~board~~services license	11275
any emergency medical service organization it operates. If a board	11276
adopts such a resolution, Chapter 4766. of the Revised Code,	11277
except for sections 4766.06 and 4766.99 of the Revised Code,	11278
applies to the county emergency medical service organization. All	11279
rules adopted under the applicable sections of that chapter also	11280
apply to the organization. A board, by adoption of an appropriate	11281
resolution, may remove its emergency medical service organization	11282
from the jurisdiction of the ~~Ohio~~state board of emergency	11283
medical, fire, and transportation ~~board~~services.	11284

Sec. 307.055. (A) Subject to the terms and conditions of the	11285
joint resolution creating it, each joint emergency medical	11286
services district may furnish ambulance services and emergency	11287
medical services by one of the following methods:	11288

(1) By operating an emergency medical service organization as	11289
defined in section 4765.01 of the Revised Code;	11290

(2) By contracting for the operation of one or more	11291
facilities pursuant to division (C) or (D) of this section;	11292

(3) By providing necessary services and equipment to the	11293
district either directly or under a contract entered into pursuant	11294
to division (B) of this section;	11295

(4) By providing service through any combination of methods	11296
described in divisions (A)(1) to (3) of this section.	11297

(B) In order to obtain ambulance service, to obtain	11298
additional ambulance service in times of emergency, or to obtain	11299
emergency medical services, a joint emergency medical services	11300
district may enter into a contract, for a period not to exceed	11301
three years, with one or more counties, townships, municipal	11302
corporations, joint fire districts, other governmental units that	11303
provide ambulance service or emergency medical services, nonprofit	11304
corporations, or private ambulance owners, regardless of whether	11305
the entities contracted with are located within or outside this	11306
state, upon such terms as are agreed to, to furnish or receive	11307
ambulance services or the interchange of ambulance services or	11308
emergency medical services within the several territories of the	11309
contracting subdivisions, if the contract is first authorized by	11310
all boards of trustees and legislative authorities in the	11311
territories to be served.	11312

Such a contract may provide for a fixed annual charge to be	11313
paid at the times agreed upon and stipulated in the contract; or	11314
for compensation based on a stipulated price for each run, call,	11315
or emergency or based on the elapsed time of service required for	11316
each run, call, or emergency, or based on any combination of	11317
these.	11318

Expenditures of a district for ambulance service or emergency	11319
medical service, whether pursuant to contract or otherwise, are	11320
lawful expenditures, regardless of whether the district or the	11321
party with which it contracts charges an additional fee to users	11322
of the service.	11323

(C) The board of trustees may enter into a contract with any	11324
person, municipal corporation, township, or other political	11325
subdivision, and any political subdivision may contract with the	11326
board, for the operation and maintenance of emergency medical	11327
services facilities regardless of whether the facilities used are	11328
owned or leased by the district, by another political subdivision,	11329
or by the contractor.	11330

(D) The district may purchase, lease, and maintain all	11331
materials, buildings, land, and equipment, including vehicles, the	11332
board considers necessary for the district.	11333

When the board finds, by resolution, that the district has	11334
personal property that is not needed for public use, or is	11335
obsolete or unfit for the use for which it was acquired, the board	11336
may dispose of the property in the same manner as provided in	11337
section 307.12 of the Revised Code.	11338

(E) Except in the case of a contract with a board of county	11339
commissioners for the provision of services of an emergency	11340
medical service organization, any contract entered into by a joint	11341
emergency medical services district shall conform to the same	11342
bidding requirements that apply to county contracts under sections	11343
307.86 to 307.92 of the Revised Code.	11344

(F) A county participating in a joint district may contribute	11345
any of its rights or interests in real or personal property,	11346
including money, and may contribute services to the district. Any	11347
such contributions shall be made by a written agreement between	11348
the contributing county and the district, specifying the	11349
contribution as well as the rights of the participating counties	11350
in the contributed property. Written agreements shall also be	11351
prepared specifying the rights of participating counties in	11352
property acquired by the district other than by contribution of a	11353
participating county. Written agreements required by this division	11354
may be amended only by written agreement of all parties to the	11355
original agreement.	11356

(G) A district's board of trustees, by adoption of an	11357
appropriate resolution, may choose to have the ~~Ohio~~state board of	11358
emergency medical, fire, and transportation ~~board~~services license	11359
any emergency medical service organization the district operates.	11360
If a board adopts such a resolution, Chapter 4766. of the Revised	11361
Code, except for sections 4766.06 and 4766.99 of the Revised Code,	11362
applies to the district emergency medical service organization.	11363
All rules adopted under the applicable sections of that chapter	11364
also apply to the organization. A board, by adoption of an	11365
appropriate resolution, may remove the district emergency medical	11366
service organization from the jurisdiction of the ~~Ohio~~state board	11367
of emergency medical, fire, and transportation ~~board~~services.	11368

Sec. 313.121. (A) As used in this section, "parent" means	11369
either parent, except that if one parent has been designated the	11370
residential parent and legal custodian of the child, "parent"	11371
means the designated residential parent and legal custodian, and	11372
if a person other than a parent is the child's legal guardian,	11373
"parent" means the legal guardian.	11374

(B) If a child under two years of age dies suddenly when in	11375
apparent good health, the death shall be reported immediately to	11376
the coroner of the county in which the death occurred, as required	11377
by section 313.12 of the Revised Code. Except as provided in	11378
division (C) of this section, the coroner or deputy coroner shall	11379
perform an autopsy on the child. The autopsy shall be performed in	11380
accordance with ~~public health council~~ rules adopted by the	11381
director of health under section 313.122 of the Revised Code. The	11382
coroner or deputy coroner may perform research procedures and	11383
tests when performing the autopsy.	11384

(C) A coroner or deputy coroner is not required to perform an	11385
autopsy if the coroner of the county in which the death occurred	11386
or a court with jurisdiction over the deceased body determines	11387
under section 313.131 of the Revised Code that an autopsy is	11388
contrary to the religious beliefs of the child. If the coroner or	11389
the court makes such a determination, the coroner shall notify the	11390
health district or department of health with jurisdiction in the	11391
area in which the child's parent resides. For purposes of this	11392
division, the religious beliefs of the parents of a child shall be	11393
considered to be the religious beliefs of the child.	11394

(D) If the child's parent makes a written or verbal request	11395
for the preliminary results of the autopsy after the results are	11396
available, the coroner, or a person designated by ~~him~~the coroner,	11397
shall give the parent an oral statement of the preliminary	11398
results.	11399

The coroner, within a reasonable time after the final results	11400
of the autopsy are reported, shall send written notice of the	11401
results to the state department of health, the health district or	11402
department with jurisdiction in the area in which the child's	11403
parent resides, and, upon the request of a parent of the child, to	11404
the child's attending physician. Upon the written request of a	11405
parent of the child and the payment of the transcript fee required	11406
by section 313.10 of the Revised Code, the coroner shall send	11407
written notice of the final results to that parent. The notice	11408
sent to the state department of health shall include all of the	11409
information specified ~~by rule of the public health council~~in	11410
rules adopted under section 313.122 of the Revised Code.	11411

(E) On the occurrence of any of the following, the health	11412
district or department with jurisdiction in the area in which the	11413
child's parent resides shall offer the parent any counseling or	11414
other supportive services it has available:	11415

(1) When it learns through any source that an autopsy is	11416
being performed on a child under two years of age who died	11417
suddenly when in apparent good health;	11418

(2) When it receives notice that the final result of an	11419
autopsy performed pursuant to this section concluded that the	11420
child died of sudden infant death syndrome;	11421

(3) When it is notified by the coroner that, pursuant to	11422
division (C) of this section, an autopsy was not performed.	11423

(F) When a health district or department receives notice that	11424
the final result of an autopsy performed pursuant to this section	11425
concluded that the child died of sudden infant death syndrome or	11426
that, pursuant to division (C) of this section, an autopsy was not	11427
performed but sudden infant death syndrome may have been the cause	11428
of death, it shall offer the child's parent information about	11429
sudden infant death syndrome. The state department of health shall	11430
ensure that current information on sudden infant death syndrome is	11431
available for distribution by health districts and departments.	11432

Sec. 313.122. The ~~public~~director of health ~~council~~, after	11433
reviewing and considering any recommendations made by the Ohio	11434
state coroners association, shall adopt rules in accordance with	11435
Chapter 119. of the Revised Code establishing a protocol governing	11436
the performance of autopsies under section 313.121 of the Revised	11437
Code. The rules shall specify the information derived from an	11438
autopsy that a coroner is required to report to the state	11439
department of health. The ~~public health council~~director shall not	11440
amend the rules adopted under this section unless it notifies the	11441
Ohio state coroners association of the proposed changes and	11442
consults with the association.	11443

Sec. 313.16. In counties where no coroner's laboratory has	11444
been established or where the coroner's laboratory does not have	11445
the equipment or personnel to follow the protocol established by	11446
~~rule of~~in rules adopted by the ~~public~~director of health ~~council~~	11447
~~adopted~~ under section 313.122 of the Revised Code, the coroner may	11448
request a coroner of a county in which such a laboratory is	11449
established or that has a laboratory able to follow the ~~public~~	11450
~~health council's~~director's protocol to perform necessary	11451
laboratory examinations, the cost of which shall be no greater	11452
than the actual value of the services of technicians and the	11453
materials used in performing such examination. Money derived from	11454
the fees paid for these examinations shall be kept in a special	11455
fund, for the use of the coroner's laboratory, from which fund	11456
replacements can be made. Such funds shall be used to purchase	11457
necessary supplies and equipment for the laboratory and to pay any	11458
associated costs incurred in the administration of this section at	11459
the coroner's discretion.	11460

Sec. 329.01. In each county, except as provided in section	11461
329.40 of the Revised Code, there shall be a county department of	11462
job and family services which, when so established, shall be	11463
governed by this chapter. The department shall consist of a county	11464
director of job and family services appointed by the board of	11465
county commissioners, and such assistants and other employees as	11466
are necessary for the efficient performance of the functions of	11467
the county department. Before entering upon the discharge of the	11468
director's official duties, the director shall give a bond,	11469
conditioned for the faithful performance of those official duties,	11470
in such sum as fixed by the board. The director may require any	11471
assistant or employee under the director's jurisdiction to give a	11472
bond in such sum as determined by the board. All bonds given under	11473
this section shall be with a surety or bonding company authorized	11474
to do business in this state, conditioned for the faithful	11475
performance of the duties of such director, assistant, or	11476
employee. The expense or premium for any bond required by this	11477
section shall be paid from the appropriation for administrative	11478
expenses of the department. Such bond shall be deposited with the	11479
county treasurer and kept in the treasurer's office.	11480

As used in the Revised Code:

11481

(A) "County department of job and family services" means the	11482
county department of job and family services established under	11483
this section, including an entity designated a county department	11484
of job and family services under section 307.981 of the Revised	11485
Code, or ~~the~~a joint county department of job and family services	11486
established under section 329.40 of the Revised Code.	11487

(B) "County director of job and family services" means the	11488
county director of job and family services appointed under this	11489
section or under section 329.41 of the Revised Code.	11490

Sec. 329.40. (A)(1) The boards of county commissioners of	11491
~~the~~any two or more counties ~~of Hocking, Ross, and Vinton~~, by	11492
entering into a written agreement, may form a joint county	11493
department of job and family services to perform the duties,	11494
provide the services, and operate the programs required under this	11495
chapter. ~~The formation of this joint county department of job and~~	11496
~~family services is a pilot project.~~ The agreement shall be	11497
ratified by resolution of the board of county commissioners of	11498
each county that entered into the agreement. Each board of county	11499
commissioners that enters into ~~the~~an agreement shall give notice	11500
of the agreement to the Ohio department of job and family services	11501
at least ninety days before the agreement's effective date. The	11502
agreement shall take effect not earlier than the first day of the	11503
calendar quarter following the ninety-day notice period. The	11504
director of job and family services shall adopt, as an internal	11505
management rule under section 111.15 of the Revised Code, the form	11506
in which the notice shall be given.	11507

(2) The boards of county commissioners of the counties	11508
forming ~~the~~a joint county department shall constitute,	11509
collectively, the board of directors of the joint county	11510
department of job and family services. On the effective date of	11511
the agreement, the board of directors shall take control of and	11512
manage the joint county department subject to this chapter and all	11513
other sections of the Revised Code that govern the authority and	11514
responsibilities of a single board of county commissioners in the	11515
operation of a single county department of job and family	11516
services.	11517

(B)(1) ~~The~~An agreement to establish ~~the~~a joint county	11518
department shall specify all of the following:	11519

(a) The obligations of each board of county commissioners in	11520
operating the joint county department, including requiring each	11521
board to provide state, federal, and county funds to the operation	11522
of the joint county department and the schedule for provision of	11523
those funds;	11524

(b) How and which facilities, equipment, and personnel will	11525
be shared;	11526

(c) Procedures for the division of resources and obligations	11527
~~should a county~~if one or more counties withdraw from the joint	11528
county department, or ~~should~~ the department ~~cease~~ceases to exist;	11529

(d) Any contributions of participating counties establishing	11530
the joint county department and the rights of those counties in	11531
lands or personal property, or rights or interests therein,	11532
contributed to or otherwise acquired by the joint county	11533
department.	11534

(2) ~~The~~An agreement to establish ~~the~~a joint county	11535
department may set forth any or all of the following:	11536

(a) Quality, timeliness, and other standards to be met by	11537
each county;	11538

(b) Which family service programs and functions are to be	11539
included in the joint county department;	11540

(c) Procedures for the operation of the board of directors,	11541
including procedures governing the frequency of meetings and the	11542
number of members of the board required to constitute a quorum to	11543
take action;	11544

(d) Any other procedures or standards necessary for the joint	11545
county department to perform its duties and operate efficiently.	11546

(C) ~~The~~An agreement may be amended by a majority vote of the	11547
board of directors of the joint county department, but no	11548
amendment shall divest a participating county of any right or	11549
interest in lands or personal property without its consent.	11550

(D) Costs incurred in operating ~~the~~a joint county department	11551
shall be paid from a joint general fund created by the board of	11552
directors, except as may be otherwise provided in the agreement.	11553

(E) A joint county department established under this section	11554
is a public office as defined in section 117.01 of the Revised	11555
Code.	11556

Sec. 329.41. (A) The board of directors of ~~the~~a joint	11557
county department of job and family services formed under section	11558
329.40 of the Revised Code shall appoint and fix the compensation	11559
of athe director of the department. The director shall serve at	11560
the pleasure of the board of directors. Under the direction and	11561
control of the board, the director shall have full charge of the	11562
department as set forth in section 329.02 of the Revised Code for	11563
the director of a single county department of job and family	11564
services.	11565

(B) The board of directors may appoint up to three	11566
administrators to oversee services provided by the joint county	11567
department. Administrators shall be in the unclassified service.	11568

(C) Employees of ~~the~~a joint county department of job and	11569
family services shall be appointed by the director of the joint	11570
county department and, except as provided in this section, shall	11571
be in the classified service. The employees of ~~the~~a joint county	11572
department shall be considered county employees for the purposes	11573
of Chapter 124. of the Revised Code and other provisions of state	11574
law applicable to county employees. Instead of or in addition to	11575
appointing these employees, ~~the~~a board of directors may agree to	11576
use the employees of one or more of the counties that formed ~~the~~a	11577
joint county department in the service of the joint county	11578
department and to share in their compensation in any manner that	11579
may be agreed upon.	11580

(D) Notwithstanding any other section of the Revised Code, if	11581
an employee's separation from county service occurs in connection	11582
with a county joining or withdrawing from ~~the~~a joint county	11583
department of job and family services, the board of county	11584
commissioners that initially appointed the employee shall have no	11585
obligation to pay any compensation with respect to unused vacation	11586
or sick leave accrued to the credit of the employee if the	11587
employee accepts employment with the joint county department or a	11588
withdrawing county. At the effective time of separation from	11589
county service, the joint county department or the withdrawing	11590
county, as the case may be, shall assume such unused vacation and	11591
sick leave accrued to the employee's credit.	11592

Sec. 329.42. The county auditor of the county with the	11593
largest population that formed ~~the~~a joint county department of	11594
job and family services under section 329.40 of the Revised Code	11595
shall serve as the fiscal officer of the joint county department,	11596
and the county treasurer of that county shall serve as the	11597
treasurer of the joint county department, unless the counties that	11598
formed the joint county department agree to appoint the county	11599
auditor and county treasurer of another county that formed the	11600
department. In either case, these county officers shall perform	11601
any applicable duties for the joint county department as each	11602
typically performs for the county of which the individual is an	11603
officer. The board of directors of the joint county department may	11604
pay to that county any amount agreed upon by the board of	11605
directors and the board of county commissioners of that county to	11606
reimburse the county for the costs that are properly allocable to	11607
the service of its officers as fiscal officer and treasurer of the	11608
joint county department.	11609

Sec. 329.43. (A) The prosecuting attorney of the county with	11610
the largest population that formed ~~the~~a joint county department	11611
of job and family services under section 329.40 of the Revised	11612
Code shall serve as the legal advisor of the board of directors of	11613
the joint county department, unless the counties that formed the	11614
joint county department agree to appoint the prosecuting attorney	11615
of another county that formed the joint county department as legal	11616
advisor of the board. The board of directors may pay to the county	11617
of the prosecuting attorney who is the legal advisor of the board	11618
any amount agreed upon by the board of directors and the board of	11619
county commissioners of that county to reimburse that county for	11620
the costs that are properly allocable to the service of its	11621
prosecuting attorney as the legal advisor of the board of	11622
directors.	11623

(B) The prosecuting attorney shall provide such services to	11624
the board of directors as are required or authorized to be	11625
provided to other county boards under Chapter 309. of the Revised	11626
Code.	11627

(C)(1) If the board of directors of ~~the~~a joint county	11628
department wishes to employ other legal counsel on an annual basis	11629
to serve as the board's legal advisor in place of the prosecuting	11630
attorney, the board may do so with the agreement of the	11631
prosecuting attorney. If the prosecuting attorney does not agree,	11632
the board of directors may apply to the court of common pleas of	11633
the county with the largest population that formed the joint	11634
county department for authority to employ other legal counsel on	11635
an annual basis.	11636

(2) If the board of directors of ~~the~~a joint county	11637
department wishes to employ other legal counsel to represent or	11638
advise the board on a particular matter in place of the	11639
prosecuting attorney, the board may do so with the agreement of	11640
the prosecuting attorney. If the prosecuting attorney does not	11641
agree, the board of directors may apply to the court of common	11642
pleas of the county with the largest population that formed the	11643
joint county department for authority to employ other legal	11644
counsel for that particular matter.	11645

(3) The prosecuting attorney who is the legal advisor of the	11646
board of directors shall be given notice of an application filed	11647
under division (C)(1) or (2) of this section and shall be afforded	11648
an opportunity to be heard. After the hearing, the court may	11649
authorize the board of directors to employ other legal counsel on	11650
an annual basis or for a particular matter only if it finds that	11651
the prosecuting attorney refuses or is unable to provide the legal	11652
services that the board requires. If the board of directors	11653
employs other legal counsel on an annual basis or for a particular	11654
matter, the board may not require the prosecuting attorney to	11655
provide legal advice, opinions, or other legal services during the	11656
period or to the extent that the board employs the other legal	11657
counsel.	11658

Sec. 329.44. (A) AThe board of directors of ~~the~~a joint	11659
county department of job and family services formed under section	11660
329.40 of the Revised Code may acquire, by purchase or lease, real	11661
property, equipment, and systems to improve, maintain, or operate	11662
family service programs within the territory served by the joint	11663
county department. A board of county commissioners may acquire,	11664
within its county, real property or any estate, interest, or right	11665
therein, by appropriation or any other method, for use by the	11666
joint county department in connection with its provision of	11667
services. Appropriation proceedings shall be conducted in	11668
accordance with Chapter 163. of the Revised Code.	11669

(B) A board of county commissioners that formed ~~the~~a joint	11670
county department may contribute lands or rights or interests	11671
therein, money, other personal property or rights or interests	11672
therein, or services to the joint county department. The board of	11673
county commissioners may issue bonds or bond anticipation notes of	11674
the county to pay the cost of acquiring real property and of	11675
constructing, modifying, or upgrading a facility to house	11676
employees of the joint county department. The board of directors	11677
of ~~the~~a joint county department may reimburse the county for the	11678
use of such a facility if it is required to do so under the	11679
agreement entered into under section 329.40 of the Revised Code.	11680

Sec. 329.45. (A)(1) A board of county commissioners that has	11681
entered into an agreement under section 329.40 of the Revised Code	11682
establishing a joint county department of job and family services	11683
may ~~pass~~adopt a resolution requesting to withdraw from the	11684
agreement ~~establishing the joint county department of job and~~	11685
~~family services formed under section 329.40 of the Revised Code~~.	11686
Upon adopting such a resolution, the board of county commissioners	11687
shall deliver a copy of the resolution to the board of directors	11688
of the joint county department. Upon receiving the resolution, the	11689
board of directors shall deliver written notice of the requested	11690
withdrawal to the boards of county commissioners of the other	11691
county or counties that formed the joint county department. ~~Within~~	11692
Not later than thirty days after receiving the notice, each of	11693
those boards of county commissioners shall adopt a resolution	11694
either accepting the withdrawal or objecting to the withdrawal,	11695
and shall deliver a copy of the resolution to the board of	11696
directors.	11697

(2) If any of the boards of county commissioners that formed	11698
~~the~~a joint county department adopts a resolution objecting to the	11699
requested withdrawal, the board of directors shall deliver written	11700
notice of the objection to each other board of county	11701
commissioners of the counties that formed the joint county	11702
department, including the board of county commissioners of the	11703
county proposing withdrawal~~, and shall schedule~~. Not later than	11704
thirty days after sending the notice, the board of directors shall	11705
hold a meeting ~~of the board of directors to be held within thirty~~	11706
~~days~~ to discuss the objection. After the meeting, the board of	11707
directors shall determine whether the county requesting withdrawal	11708
desires to proceed with the withdrawal and, if the county does,	11709
the board of directors shall accept the withdrawal. Not later than	11710
thirty days after the determination was made, the board of	11711
directors shall deliver written notice of the withdrawal to the	11712
boards of county commissioners that formed the joint county	11713
department and to the board of county commissioners that requested	11714
withdrawal, and shall commence the withdrawal process under this	11715
section.	11716

(3) If all of the boards of county commissioners that formed	11717
~~the~~a joint county department, except for the board of county	11718
commissioners requesting the withdrawal, each adopt a resolution	11719
accepting the withdrawal, the board of directors shall declare the	11720
withdrawal to be accepted. Not later than thirty days after the	11721
declaration, the board of directors shall deliver written notice	11722
of the withdrawal to all of the boards of county commissioners	11723
that formed the joint county department, including the board of	11724
county commissioners of the county requesting withdrawal, and	11725
shall commence the withdrawal process under this section.	11726

(4) The board of directors shall give notice to the Ohio	11727
department of job and family services of the withdrawal of a	11728
county under this section at least ninety days before the	11729
withdrawal becomes final. The director of job and family services	11730
shall adopt, as an internal management rule under section 111.15	11731
of the Revised Code, the form in which the notice shall be given.	11732

(5) If a county requesting to withdraw decides to remain as a	11733
party to the agreement establishing ~~the~~a joint county department,	11734
the board of county commissioners of that county shall rescind its	11735
original resolution requesting withdrawal and shall deliver a copy	11736
of the rescission to the board of directors of the joint county	11737
department ~~within~~not later than thirty days after adopting the	11738
rescission.	11739

(B) If a county withdraws from ~~the~~an agreement under this	11740
section, the board of directors shall ascertain, apportion, and	11741
order a division of the funds on hand, credits, and real and	11742
personal property of the joint county department, either in money	11743
or in kind, on an equitable basis between the joint county	11744
department and the withdrawing county according to the agreement	11745
entered into under section 329.40 of the Revised Code and	11746
consistent with any prior contributions of the withdrawing county	11747
to the joint county department. Any debt incurred individually	11748
shall remain the responsibility of that county, unless otherwise	11749
specified in the agreement establishing the joint county	11750
department.	11751

(C) A withdrawal becomes final not earlier than the first day	11752
of the calendar quarter following the ninety-day notice period	11753
required by division (A)(4) of this section. On and after that	11754
day, the withdrawing county ceases to be a part of the joint	11755
county department, and its members of the board of directors shall	11756
cease to be members of that board.	11757

(D) If the withdrawal of one or more counties would leave	11758
only one county participating in ~~the~~a joint county department,	11759
the board of directors shall ascertain, apportion, and order a	11760
final division of the funds on hand, credits, and real and	11761
personal property of the joint county department. On and after the	11762
day on which the latest withdrawal of a county becomes final, the	11763
joint county department is dissolved. When ~~the~~a joint county	11764
department is dissolved and any indebtedness remains unpaid, the	11765
boards of county commissioners that formed the joint county	11766
department shall pay the indebtedness of the joint county	11767
department in the amounts established by the agreement at the time	11768
the indebtedness was incurred.	11769

Sec. 329.46. (A) A board of county commissioners that formed	11770
~~the~~a joint county department of job and family services under	11771
section 329.40 of the Revised Code, by adopting a resolution, may	11772
propose the removal of another county that formed the joint county	11773
department. The board of county commissioners shall send a copy of	11774
such a resolution to the board of directors of the joint county	11775
department. ~~Within~~Not later than ten days after receiving the	11776
copy of the resolution, the board of directors shall send a copy	11777
of the resolution to each board of county commissioners that	11778
formed the joint county department, except the board of county	11779
commissioners proposing removal. ~~Within~~Not later than thirty days	11780
after sending a copy of the resolution, the board of directors	11781
shall hold a hearing at which any county commissioner whose county	11782
formed the joint county department may present arguments for or	11783
against the removal. At the hearing, approval or disapproval of	11784
the removal shall be determined by a two-thirds vote of the county	11785
commissioners of the counties that formed the joint county	11786
department, with the exception of the county commissioners of the	11787
county proposed for removal.	11788

(B) The board of directors of ~~the~~a joint county department	11789
of job and family services, by adopting a resolution by a majority	11790
vote of the members of the board, may propose removal of a county	11791
that formed the joint county department. ~~Within~~Not later than ten	11792
days after adopting such a resolution, the board of directors	11793
shall send a copy of the resolution to the board of county	11794
commissioners of each county that formed the joint county	11795
department, including the board of county commissioners of the	11796
county proposed for removal. ~~Within~~Not later than thirty days	11797
after sending the copy of the resolution, the board of directors	11798
shall hold a hearing at which any member of the board may present	11799
arguments for or against the removal. At this hearing, approval or	11800
disapproval of the resolution proposing removal shall be	11801
determined by a two-thirds vote of the members of the board of	11802
directors, with the exception of the board members who represent	11803
the county proposed for removal.	11804

(C) If removal of a county is approved under this section,	11805
the board of directors shall give written notice of the approval	11806
to the Ohio department of job and family services at least ninety	11807
days before the removal takes effect. The director of job and	11808
family services shall adopt, as an internal management rule under	11809
section 111.15 of the Revised Code, the form in which the notice	11810
shall be given.	11811

(D) Removal of a county under this section shall take effect	11812
not earlier than the first day of the calendar quarter following	11813
the ninety-day notice period required by division (C) of this	11814
section.	11815

(E) If, at any time, the county proposed for removal under	11816
division (A) or (B) of this section notifies the board of	11817
directors, by a majority vote of that county's board of county	11818
commissioners, that it chooses to withdraw from the joint county	11819
department, the withdrawal procedure established under section	11820
329.45 of the Revised Code shall be put immediately into motion.	11821

Sec. 330.04. If, for the purpose of Chapter 6301. of the	11822
Revised Code, a county is the type of local area defined in	11823
division (A)(2) of section 6301.01 of the Revised Code, the board	11824
of county commissioners serving the county shall adopt a	11825
resolution establishing or designating a workforce development	11826
agency to provide workforce development activities for the county.	11827
The board shall adopt the resolution not later than July 1, 2000.	11828

The board may establish or designate any of the following as	11829
the workforce development agency:	11830

(A) The county department of job and family services;

11831

(B) A separate agency under the direct control of the board	11832
and administered by an official appointed by the board;	11833

(C) An entity serving the county on ~~the effective date of~~	11834
~~this section~~March 14, 2000, in a capacity similar to the capacity	11835
in which a workforce development agency is to serve the county on	11836
and after ~~the effective date of this section~~March 14, 2000;	11837

(D) An entity located in or outside the county that provides	11838
workforce development activities in the county on ~~the effective~~	11839
~~date of this section~~March 14, 2000;	11840

(E) Any private or government entity designated under section	11841
307.981 of the Revised Code;	11842

(F) ~~The~~A joint county department of job and family services	11843
established under section 329.40 of the Revised Code.	11844

Sec. 339.091. Before the board of county commissioners,	11845
board of county hospital trustees, or county hospital commission	11846
may enter into an initial agreement for the acquisition,	11847
operation, or lease under section 140.03, 140.05, 339.09, or	11848
339.14 of the Revised Code of a county hospital operated by a	11849
board of county hospital trustees under section 339.06 of the	11850
Revised Code, the board of county commissioners shall review the	11851
agreement. If it finds that the agreement will meet the needs of	11852
the residents of the county for hospital service, the board of	11853
county commissioners may adopt a resolution authorizing the board	11854
of county commissioners, board of county hospital trustees, or	11855
county hospital commission to enter into the agreement. On	11856
adoption of the resolution, the board of county commissioners,	11857
board of county hospital trustees, or county hospital commission	11858
may enter into the agreement.	11859

The requirements of this section do not apply to an agreement	11860
if one or more hospitals classified as general hospitals by the	11861
~~public~~director of health ~~council~~ under section 3701.07 of the	11862
Revised Code are operating in the same county as the county	11863
hospital.	11864

Sec. 340.03. (A) Subject to rules issued by the director of	11865
mental health after consultation with relevant constituencies as	11866
required by division (L) of section 5119.06 of the Revised Code,	11867
with regard to mental health services, the board of alcohol, drug	11868
addiction, and mental health services shall:	11869

(1) Serve as the community mental health planning agency for	11870
the county or counties under its jurisdiction, and in so doing it	11871
shall:	11872

(a) Evaluate the need for facilities and community mental	11873
health services;	11874

(b) In cooperation with other local and regional planning and	11875
funding bodies and with relevant ethnic organizations, assess the	11876
community mental health needs, set priorities, and develop plans	11877
for the operation of facilities and community mental health	11878
services;	11879

(c) In accordance with guidelines issued by the director of	11880
mental health after consultation with board representatives,	11881
annually develop and submit to the department of mental health a	11882
community mental health plan listing community mental health	11883
needs, including the needs of all residents of the district now	11884
residing in state mental institutions and severely mentally	11885
disabled adults, children, and adolescents; all children subject	11886
to a determination made pursuant to section 121.38 of the Revised	11887
Code; and all the facilities and community mental health services	11888
that are or will be in operation or provided during the period for	11889
which the plan will be in operation in the service district to	11890
meet such needs.	11891

The plan shall include, but not be limited to, a statement of	11892
which of the services listed in section 340.09 of the Revised Code	11893
the board intends to make available. The board must include crisis	11894
intervention services for individuals in an emergency situation in	11895
the plan and explain how the board intends to make such services	11896
available. The plan must also include a statement of the inpatient	11897
and community-based services the board proposes that the	11898
department operate, an assessment of the number and types of	11899
residential facilities needed, such other information as the	11900
department requests, and a budget for moneys the board expects to	11901
receive. The department shall approve or disapprove the plan, in	11902
whole or in part, according to the criteria developed pursuant to	11903
section 5119.61 of the Revised Code. The department's statement of	11904
approval or disapproval shall specify the inpatient and the	11905
community-based services that the department will operate for the	11906
board. Eligibility for state and federal funding shall be	11907
contingent upon an approved plan or relevant part of a plan.	11908

If a board determines that it is necessary to amend a plan or	11909
an allocation request that has been approved under division	11910
(A)(1)(c) of this section, the board shall submit a proposed	11911
amendment to the director. The director may approve or disapprove	11912
all or part of the amendment. The director shall inform the board	11913
of the reasons for disapproval of all or part of an amendment and	11914
of the criteria that must be met before the amendment may be	11915
approved. The director shall provide the board an opportunity to	11916
present its case on behalf of the amendment. The director shall	11917
give the board a reasonable time in which to meet the criteria,	11918
and shall offer the board technical assistance to help it meet the	11919
criteria.	11920

The board shall implement the plan approved by the	11921
department.	11922

(d) Promote, arrange, and implement working agreements with	11923
social agencies, both public and private, and with judicial	11924
agencies.	11925

(2) Investigate, or request another agency to investigate,	11926
any complaint alleging abuse or neglect of any person receiving	11927
services from a community mental health agency as defined in	11928
section 5122.01 of the Revised Code, or ~~from~~alleging abuse or	11929
neglect of a person with mental illness or severe mental	11930
disability residing in a residential facility licensed under	11931
section 5119.22 of the Revised Code. If the investigation	11932
substantiates the charge of abuse or neglect, the board shall take	11933
whatever action it determines is necessary to correct the	11934
situation, including notification of the appropriate authorities.	11935
Upon request, the board shall provide information about such	11936
investigations to the department.	11937

(3) For the purpose of section 5119.611 of the Revised Code,	11938
cooperate with the director of mental health in visiting and	11939
evaluating whether the services of a community mental health	11940
agency satisfy the certification standards established by rules	11941
adopted under that section;	11942

(4) In accordance with criteria established under division	11943
(E) of section 5119.61 of the Revised Code, review and evaluate	11944
the quality, effectiveness, and efficiency of services provided	11945
through its community mental health plan and submit its findings	11946
and recommendations to the department of mental health;	11947

(5) In accordance with section 5119.22 of the Revised Code,	11948
review ~~applications~~an application for a residential facility	11949
~~licenses~~license and ~~recommend~~provide to the department of	11950
mental health ~~approval or disapproval of applications~~any	11951
information about the applicant or facility that the board would	11952
like the department to consider in reviewing the application;	11953

(6) Audit, in accordance with rules adopted by the auditor of	11954
state pursuant to section 117.20 of the Revised Code, at least	11955
annually all programs and services provided under contract with	11956
the board. In so doing, the board may contract for or employ the	11957
services of private auditors. A copy of the fiscal audit report	11958
shall be provided to the director of mental health, the auditor of	11959
state, and the county auditor of each county in the board's	11960
district.	11961

(7) Recruit and promote local financial support for mental	11962
health programs from private and public sources;	11963

(8)(a) Enter into contracts with public and private	11964
facilities for the operation of facility services included in the	11965
board's community mental health plan and enter into contracts with	11966
public and private community mental health agencies for the	11967
provision of community mental health services that are listed in	11968
section 340.09 of the Revised Code and included in the board's	11969
community mental health plan. The board may not contract with a	11970
community mental health agency to provide community mental health	11971
services included in the board's community mental health plan	11972
unless the services are certified by the director of mental health	11973
under section 5119.611 of the Revised Code. Section 307.86 of the	11974
Revised Code does not apply to contracts entered into under this	11975
division. In contracting with a community mental health agency, a	11976
board shall consider the cost effectiveness of services provided	11977
by that agency and the quality and continuity of care, and may	11978
review cost elements, including salary costs, of the services to	11979
be provided. A utilization review process shall be established as	11980
part of the contract for services entered into between a board and	11981
a community mental health agency. The board may establish this	11982
process in a way that is most effective and efficient in meeting	11983
local needs. Until July 1, 2012, a contract with a community	11984
mental health agency or facility, as defined in section 5111.023	11985
of the Revised Code, to provide services listed in division (B) of	11986
that section shall provide for the agency or facility to be paid	11987
in accordance with the contract entered into between the	11988
departments of job and family services and mental health under	11989
section 5111.91 of the Revised Code and any rules adopted under	11990
division (A) of section 5119.61 of the Revised Code.	11991

If either the board or a facility or community mental health	11992
agency with which the board contracts under division (A)(8)(a) of	11993
this section proposes not to renew the contract or proposes	11994
substantial changes in contract terms, the other party shall be	11995
given written notice at least one hundred twenty days before the	11996
expiration date of the contract. During the first sixty days of	11997
this one hundred twenty-day period, both parties shall attempt to	11998
resolve any dispute through good faith collaboration and	11999
negotiation in order to continue to provide services to persons in	12000
need. If the dispute has not been resolved sixty days before the	12001
expiration date of the contract, either party may ~~request that~~	12002
notify the department of mental health of the unresolved dispute.	12003
The director may require both parties to submit the dispute to a	12004
third party with the cost to be shared by the board and the	12005
facility or community mental health agency. The third party shall	12006
issue to the board ~~and~~, the facility or agency, and the department	12007
recommendations on how the dispute may be resolved twenty days	12008
prior to the expiration date of the contract, unless both parties	12009
agree to a time extension. The director shall adopt rules	12010
establishing the procedures of this dispute resolution process.	12011

(b) With the prior approval of the director of mental health,	12012
a board may operate a facility or provide a community mental	12013
health service as follows, if there is no other qualified private	12014
or public facility or community mental health agency that is	12015
immediately available and willing to operate such a facility or	12016
provide the service:	12017

(i) In an emergency situation, any board may operate a	12018
facility or provide a community mental health service in order to	12019
provide essential services for the duration of the emergency;	12020

(ii) In a service district with a population of at least one	12021
hundred thousand but less than five hundred thousand, a board may	12022
operate a facility or provide a community mental health service	12023
for no longer than one year;	12024

(iii) In a service district with a population of less than	12025
one hundred thousand, a board may operate a facility or provide a	12026
community mental health service for no longer than one year,	12027
except that such a board may operate a facility or provide a	12028
community mental health service for more than one year with the	12029
prior approval of the director and the prior approval of the board	12030
of county commissioners, or of a majority of the boards of county	12031
commissioners if the district is a joint-county district.	12032

The director shall not give a board approval to operate a	12033
facility or provide a community mental health service under	12034
division (A)(8)(b)(ii) or (iii) of this section unless the	12035
director determines that it is not feasible to have the department	12036
operate the facility or provide the service.	12037

The director shall not give a board approval to operate a	12038
facility or provide a community mental health service under	12039
division (A)(8)(b)(iii) of this section unless the director	12040
determines that the board will provide greater administrative	12041
efficiency and more or better services than would be available if	12042
the board contracted with a private or public facility or	12043
community mental health agency.	12044

The director shall not give a board approval to operate a	12045
facility previously operated by a person or other government	12046
entity unless the board has established to the director's	12047
satisfaction that the person or other government entity cannot	12048
effectively operate the facility or that the person or other	12049
government entity has requested the board to take over operation	12050
of the facility. The director shall not give a board approval to	12051
provide a community mental health service previously provided by a	12052
community mental health agency unless the board has established to	12053
the director's satisfaction that the agency cannot effectively	12054
provide the service or that the agency has requested the board	12055
take over providing the service.	12056

The director shall review and evaluate a board's operation of	12057
a facility and provision of community mental health service under	12058
division (A)(8)(b) of this section.	12059

Nothing in division (A)(8)(b) of this section authorizes a	12060
board to administer or direct the daily operation of any facility	12061
or community mental health agency, but a facility or agency may	12062
contract with a board to receive administrative services or staff	12063
direction from the board under the direction of the governing body	12064
of the facility or agency.	12065

(9) Approve fee schedules and related charges or adopt a unit	12066
cost schedule or other methods of payment for contract services	12067
provided by community mental health agencies in accordance with	12068
guidelines issued by the department as necessary to comply with	12069
state and federal laws pertaining to financial assistance;	12070

(10) Submit to the director and the county commissioners of	12071
the county or counties served by the board, and make available to	12072
the public, an annual report of the programs under the	12073
jurisdiction of the board, including a fiscal accounting;	12074

(11) Establish, to the extent resources are available, a	12075
community support system, which provides for treatment, support,	12076
and rehabilitation services and opportunities. The essential	12077
elements of the system include, but are not limited to, the	12078
following components in accordance with section 5119.06 of the	12079
Revised Code:	12080

(a) To locate persons in need of mental health services to	12081
inform them of available services and benefits mechanisms;	12082

(b) Assistance for clients to obtain services necessary to	12083
meet basic human needs for food, clothing, shelter, medical care,	12084
personal safety, and income;	12085

(c) Mental health care, including, but not limited to,	12086
outpatient, partial hospitalization, and, where appropriate,	12087
inpatient care;	12088

(d) Emergency services and crisis intervention;

12089

(e) Assistance for clients to obtain vocational services and	12090
opportunities for jobs;	12091

(f) The provision of services designed to develop social,	12092
community, and personal living skills;	12093

(g) Access to a wide range of housing and the provision of	12094
residential treatment and support;	12095

(h) Support, assistance, consultation, and education for	12096
families, friends, consumers of mental health services, and	12097
others;	12098

(i) Recognition and encouragement of families, friends,	12099
neighborhood networks, especially networks that include racial and	12100
ethnic minorities, churches, community organizations, and	12101
meaningful employment as natural supports for consumers of mental	12102
health services;	12103

(j) Grievance procedures and protection of the rights of	12104
consumers of mental health services;	12105

(k) Case management, which includes continual individualized	12106
assistance and advocacy to ensure that needed services are offered	12107
and procured.	12108

(12) Designate the treatment program, agency, or facility for	12109
each person involuntarily committed to the board pursuant to	12110
Chapter 5122. of the Revised Code and authorize payment for such	12111
treatment. The board shall provide the least restrictive and most	12112
appropriate alternative that is available for any person	12113
involuntarily committed to it and shall assure that the services	12114
listed in section 340.09 of the Revised Code are available to	12115
severely mentally disabled persons residing within its service	12116
district. The board shall establish the procedure for authorizing	12117
payment for services, which may include prior authorization in	12118
appropriate circumstances. The board may provide for services	12119
directly to a severely mentally disabled person when life or	12120
safety is endangered and when no community mental health agency is	12121
available to provide the service.	12122

(13) Establish a method for evaluating referrals for	12123
involuntary commitment and affidavits filed pursuant to section	12124
5122.11 of the Revised Code in order to assist the probate	12125
division of the court of common pleas in determining whether there	12126
is probable cause that a respondent is subject to involuntary	12127
hospitalization and what alternative treatment is available and	12128
appropriate, if any;	12129

(14) Ensure that apartments or rooms built, subsidized,	12130
renovated, rented, owned, or leased by the board or a community	12131
mental health agency have been approved as meeting minimum fire	12132
safety standards and that persons residing in the rooms or	12133
apartments are receiving appropriate and necessary services,	12134
including culturally relevant services, from a community mental	12135
health agency. This division does not apply to residential	12136
facilities licensed pursuant to section 5119.22 of the Revised	12137
Code.	12138

(15) Establish a mechanism for involvement of consumer	12139
recommendation and advice on matters pertaining to mental health	12140
services in the alcohol, drug addiction, and mental health service	12141
district;	12142

(16) Perform the duties ~~under section 5119.88 of the Revised~~	12143
~~Code~~ required by rules adopted under section 5119.61 of the	12144
Revised Code regarding referrals by the board or mental health	12145
agencies under contract with the board of individuals with mental	12146
illness or severe mental disability to ~~adult care~~residential	12147
facilities as defined in division (A)(9)(b) of section 5119.22 of	12148
the Revised Code and effective arrangements for ongoing mental	12149
health services for the individuals. The board is accountable in	12150
the manner specified in the rules for ensuring that the ongoing	12151
mental health services are effectively arranged for the	12152
individuals.	12153

(B) The board shall establish such rules, operating	12154
procedures, standards, and bylaws, and perform such other duties	12155
as may be necessary or proper to carry out the purposes of this	12156
chapter.	12157

(C) A board of alcohol, drug addiction, and mental health	12158
services may receive by gift, grant, devise, or bequest any	12159
moneys, lands, or property for the benefit of the purposes for	12160
which the board is established, and may hold and apply it	12161
according to the terms of the gift, grant, or bequest. All money	12162
received, including accrued interest, by gift, grant, or bequest	12163
shall be deposited in the treasury of the county, the treasurer of	12164
which is custodian of the alcohol, drug addiction, and mental	12165
health services funds to the credit of the board and shall be	12166
available for use by the board for purposes stated by the donor or	12167
grantor.	12168

(D) No board member or employee of a board of alcohol, drug	12169
addiction, and mental health services shall be liable for injury	12170
or damages caused by any action or inaction taken within the scope	12171
of the board member's official duties or the employee's	12172
employment, whether or not such action or inaction is expressly	12173
authorized by this section, section 340.033, or any other section	12174
of the Revised Code, unless such action or inaction constitutes	12175
willful or wanton misconduct. Chapter 2744. of the Revised Code	12176
applies to any action or inaction by a board member or employee of	12177
a board taken within the scope of the board member's official	12178
duties or employee's employment. For the purposes of this	12179
division, the conduct of a board member or employee shall not be	12180
considered willful or wanton misconduct if the board member or	12181
employee acted in good faith and in a manner that the board member	12182
or employee reasonably believed was in or was not opposed to the	12183
best interests of the board and, with respect to any criminal	12184
action or proceeding, had no reasonable cause to believe the	12185
conduct was unlawful.	12186

(E) The meetings held by any committee established by a board	12187
of alcohol, drug addiction, and mental health services shall be	12188
considered to be meetings of a public body subject to section	12189
121.22 of the Revised Code.	12190

Sec. 340.05. A community mental health agency that receives	12191
a complaint ~~under section 5119.87 of the Revised Code~~ alleging	12192
abuse or neglect of an individual with mental illness or severe	12193
mental disability who resides in ~~an adult care~~a residential	12194
facility as defined in division (A)(9)(b) of section 5119.22 of	12195
the Revised Code shall report the complaint to the board of	12196
alcohol, drug addiction, and mental health services serving the	12197
alcohol, drug addiction, and mental health service district in	12198
which the ~~adult care~~residential facility is located. A board of	12199
alcohol, drug addiction, and mental health services that receives	12200
such a complaint or a report from a community mental health agency	12201
of such a complaint shall report the complaint to the director of	12202
mental health for the purpose of the director conducting an	12203
investigation under section ~~5119.87~~5119.22 of the Revised Code.	12204
The board may enter the ~~adult care~~ facility with or without the	12205
director and, if the health and safety of a resident is in	12206
immediate danger, take any necessary action to protect the	12207
resident. The board's action shall not violate any resident's	12208
rights ~~under section 5119.81 of the Revised Code and~~specified in	12209
rules adopted by the department of mental health under ~~sections~~	12210
~~5119.70 to 5119.88~~section 5119.22 of the Revised Code. The board	12211
shall immediately report to the director regarding the board's	12212
actions under this section.	12213

Sec. 340.091. Each board of alcohol, drug addiction, and	12214
mental health services shall contract with a community mental	12215
health agency under division (A)(7)(a) of section 340.03 of the	12216
Revised Code for the agency to do all of the following in	12217
accordance with rules adopted under section 5119.61 of the Revised	12218
Code for an individual referred to the agency under division	12219
~~(C)~~(D)(2) of section 5119.69 of the Revised Code:	12220

(A) Assess the individual ~~to determine whether to recommend~~	12221
~~that a residential state supplement administrative agency~~	12222
~~designated under section 5119.69 of the Revised Code determine~~	12223
and, if the agency determines that the environment in which the	12224
individual will be living while receiving residential state	12225
supplement payments is appropriate for the individual's needs ~~and,~~	12226
~~if it determines the environment is appropriate~~, issue ~~the~~a	12227
recommendation to the referring residential state supplement	12228
administrative agency that the referring agency should conclude	12229
that the living environment is appropriate when it makes its	12230
determination regarding the appropriateness of the environment;	12231

(B) Provide ongoing monitoring to ensure that services	12232
provided under section 340.09 of the Revised Code are available to	12233
the individual;	12234

(C) Provide discharge planning to ensure the individual's	12235
earliest possible transition to a less restrictive environment.	12236

Sec. 505.37. (A) The board of township trustees may	12237
establish all necessary rules to guard against the occurrence of	12238
fires and to protect the property and lives of the citizens	12239
against damage and accidents, and may, with the approval of the	12240
specifications by the prosecuting attorney or, if the township has	12241
adopted limited home rule government under Chapter 504. of the	12242
Revised Code, with the approval of the specifications by the	12243
township's law director, purchase, lease, lease with an option to	12244
purchase, or otherwise provide any fire apparatus, mechanical	12245
resuscitators, or other equipment, appliances, materials, fire	12246
hydrants, and water supply for fire-fighting purposes that seems	12247
advisable to the board. The board shall provide for the care and	12248
maintenance of fire equipment, and, for these purposes, may	12249
purchase, lease, lease with an option to purchase, or construct	12250
and maintain necessary buildings, and it may establish and	12251
maintain lines of fire-alarm communications within the limits of	12252
the township. The board may employ one or more persons to maintain	12253
and operate fire-fighting equipment, or it may enter into an	12254
agreement with a volunteer fire company for the use and operation	12255
of fire-fighting equipment. The board may compensate the members	12256
of a volunteer fire company on any basis and in any amount that it	12257
considers equitable.	12258

When the estimated cost to purchase fire apparatus,	12259
mechanical resuscitators, other equipment, appliances, materials,	12260
fire hydrants, buildings, or fire-alarm communications equipment	12261
or services exceeds fifty thousand dollars, the contract shall be	12262
let by competitive bidding. When competitive bidding is required,	12263
the board shall advertise once a week for not less than two	12264
consecutive weeks in a newspaper of general circulation within the	12265
township. The board may also cause notice to be inserted in trade	12266
papers or other publications designated by it or to be distributed	12267
by electronic means, including posting the notice on the board's	12268
internet web site. If the board posts the notice on its web site,	12269
it may eliminate the second notice otherwise required to be	12270
published in a newspaper of general circulation within the	12271
township, provided that the first notice published in such	12272
newspaper meets all of the following requirements:	12273

(1) It is published at least two weeks before the opening of	12274
bids.	12275

(2) It includes a statement that the notice is posted on the	12276
board's internet web site.	12277

(3) It includes the internet address of the board's internet	12278
web site.	12279

(4) It includes instructions describing how the notice may be	12280
accessed on the board's internet web site.	12281

The advertisement shall include the time, date, and place	12282
where the clerk of the township, or the clerk's designee, will	12283
read bids publicly. The time, date, and place of bid openings may	12284
be extended to a later date by the board of township trustees,	12285
provided that written or oral notice of the change shall be given	12286
to all persons who have received or requested specifications not	12287
later than ninety-six hours prior to the original time and date	12288
fixed for the opening. The board may reject all the bids or accept	12289
the lowest and best bid, provided that the successful bidder meets	12290
the requirements of section 153.54 of the Revised Code when the	12291
contract is for the construction, demolition, alteration, repair,	12292
or reconstruction of an improvement.	12293

(B) The boards of township trustees of any two or more	12294
townships, or the legislative authorities of any two or more	12295
political subdivisions, or any combination of these, may, through	12296
joint action, unite in the joint purchase, lease, lease with an	12297
option to purchase, maintenance, use, and operation of	12298
fire-fighting equipment, or for any other purpose designated in	12299
sections 505.37 to 505.42 of the Revised Code, and may prorate the	12300
expense of the joint action on any terms that are mutually agreed	12301
upon.	12302

(C) The board of township trustees of any township may, by	12303
resolution, whenever it is expedient and necessary to guard	12304
against the occurrence of fires or to protect the property and	12305
lives of the citizens against damages resulting from their	12306
occurrence, create a fire district of any portions of the township	12307
that it considers necessary. The board may purchase, lease, lease	12308
with an option to purchase, or otherwise provide any fire	12309
apparatus, appliances, materials, fire hydrants, and water supply	12310
for fire-fighting purposes, or may contract for the fire	12311
protection for the fire district as provided in section 9.60 of	12312
the Revised Code. The fire district so created shall be given a	12313
separate name by which it shall be known.	12314

Additional unincorporated territory of the township may be	12315
added to a fire district upon the board's adoption of a resolution	12316
authorizing the addition. A municipal corporation that is within	12317
or adjoining the township may be added to a fire district upon the	12318
board's adoption of a resolution authorizing the addition and the	12319
municipal legislative authority's adoption of a resolution or	12320
ordinance requesting the addition of the municipal corporation to	12321
the fire district.	12322

If the township fire district imposes a tax, additional	12323
unincorporated territory of the township or a municipal	12324
corporation that is within or adjoining the township shall become	12325
part of the fire district only after all of the following have	12326
occurred:	12327

(1) Adoption by the board of township trustees of a	12328
resolution approving the expansion of the territorial limits of	12329
the district and, if the resolution proposes to add a municipal	12330
corporation, adoption by the municipal legislative authority of a	12331
resolution or ordinance requesting the addition of the municipal	12332
corporation to the district;	12333

(2) Adoption by the board of township trustees of a	12334
resolution recommending the extension of the tax to the additional	12335
territory;	12336

(3) Approval of the tax by the electors of the territory	12337
proposed for addition to the district.	12338

Each resolution of the board adopted under division (C)(2) of	12339
this section shall state the name of the fire district, a	12340
description of the territory to be added, and the rate and	12341
termination date of the tax, which shall be the rate and	12342
termination date of the tax currently in effect in the fire	12343
district.	12344

The board of trustees shall certify each resolution adopted	12345
under division (C)(2) of this section to the board of elections in	12346
accordance with section 5705.19 of the Revised Code. The election	12347
required under division (C)(3) of this section shall be held,	12348
canvassed, and certified in the manner provided for the submission	12349
of tax levies under section 5705.25 of the Revised Code, except	12350
that the question appearing on the ballot shall read:	12351

"Shall the territory within ........................	12352
(description of the proposed territory to be added) be added to	12353
........................ (name) fire district, and a property tax	12354
at a rate of taxation not exceeding ...... (here insert tax rate)	12355
be in effect for .......... (here insert the number of years the	12356
tax is to be in effect or "a continuing period of time," as	12357
applicable)?"	12358

If the question is approved by at least a majority of the	12359
electors voting on it, the joinder shall be effective as of the	12360
first day of July of the year following approval, and on that	12361
date, the township fire district tax shall be extended to the	12362
taxable property within the territory that has been added. If the	12363
territory that has been added is a municipal corporation and if it	12364
had adopted a tax levy for fire purposes, the levy is terminated	12365
on the effective date of the joinder.	12366

Any municipal corporation may withdraw from a township fire	12367
district created under division (C) of this section by the	12368
adoption by the municipal legislative authority of a resolution or	12369
ordinance ordering withdrawal. On the first day of July of the	12370
year following the adoption of the resolution or ordinance of	12371
withdrawal, the municipal corporation withdrawing ceases to be a	12372
part of the district, and the power of the fire district to levy a	12373
tax upon taxable property in the withdrawing municipal corporation	12374
terminates, except that the fire district shall continue to levy	12375
and collect taxes for the payment of indebtedness within the	12376
territory of the fire district as it was composed at the time the	12377
indebtedness was incurred.	12378

Upon the withdrawal of any municipal corporation from a	12379
township fire district created under division (C) of this section,	12380
the county auditor shall ascertain, apportion, and order a	12381
division of the funds on hand, moneys and taxes in the process of	12382
collection except for taxes levied for the payment of	12383
indebtedness, credits, and real and personal property, either in	12384
money or in kind, on the basis of the valuation of the respective	12385
tax duplicates of the withdrawing municipal corporation and the	12386
remaining territory of the fire district.	12387

A board of township trustees may remove unincorporated	12388
territory of the township from the fire district upon the adoption	12389
of a resolution authorizing the removal. On the first day of July	12390
of the year following the adoption of the resolution, the	12391
unincorporated township territory described in the resolution	12392
ceases to be a part of the district, and the power of the fire	12393
district to levy a tax upon taxable property in that territory	12394
terminates, except that the fire district shall continue to levy	12395
and collect taxes for the payment of indebtedness within the	12396
territory of the fire district as it was composed at the time the	12397
indebtedness was incurred.	12398

(D) The board of township trustees of any township, the board	12399
of fire district trustees of a fire district created under section	12400
505.371 of the Revised Code, or the legislative authority of any	12401
municipal corporation may purchase, lease, or lease with an option	12402
to purchase the necessary fire-fighting equipment, buildings, and	12403
sites for the township, fire district, or municipal corporation	12404
and issue securities for that purpose with maximum maturities as	12405
provided in section 133.20 of the Revised Code. The board of	12406
township trustees, board of fire district trustees, or legislative	12407
authority may also construct any buildings necessary to house	12408
fire-fighting equipment and issue securities for that purpose with	12409
maximum maturities as provided in section 133.20 of the Revised	12410
Code.	12411

The board of township trustees, board of fire district	12412
trustees, or legislative authority may issue the securities of the	12413
township, fire district, or municipal corporation, signed by the	12414
board or designated officer of the municipal corporation and	12415
attested by the signature of the township fiscal officer, fire	12416
district clerk, or municipal clerk, covering any deferred payments	12417
and payable at the times provided, which securities shall bear	12418
interest not to exceed the rate determined as provided in section	12419
9.95 of the Revised Code, and shall not be subject to Chapter 133.	12420
of the Revised Code. The legislation authorizing the issuance of	12421
the securities shall provide for levying and collecting annually	12422
by taxation, amounts sufficient to pay the interest on and	12423
principal of the securities. The securities shall be offered for	12424
sale on the open market or given to the vendor or contractor if no	12425
sale is made.	12426

Section 505.40 of the Revised Code does not apply to any	12427
securities issued, or any lease with an option to purchase entered	12428
into, in accordance with this division.	12429

(E) A board of township trustees of any township or a board	12430
of fire district trustees of a fire district created under section	12431
505.371 of the Revised Code may purchase a policy or policies of	12432
liability insurance for the officers, employees, and appointees of	12433
the fire department, fire district, or joint fire district	12434
governed by the board that includes personal injury liability	12435
coverage as to the civil liability of those officers, employees,	12436
and appointees for false arrest, detention, or imprisonment,	12437
malicious prosecution, libel, slander, defamation or other	12438
violation of the right of privacy, wrongful entry or eviction, or	12439
other invasion of the right of private occupancy, arising out of	12440
the performance of their duties.	12441

When a board of township trustees cannot, by deed of gift or	12442
by purchase and upon terms it considers reasonable, procure land	12443
for a township fire station that is needed in order to respond in	12444
reasonable time to a fire or medical emergency, the board may	12445
appropriate land for that purpose under sections 163.01 to 163.22	12446
of the Revised Code. If it is necessary to acquire additional	12447
adjacent land for enlarging or improving the fire station, the	12448
board may purchase, appropriate, or accept a deed of gift for the	12449
land for these purposes.	12450

(F) As used in this division, "emergency medical service	12451
organization" has the same meaning as in section 4766.01 of the	12452
Revised Code.	12453

A board of township trustees, by adoption of an appropriate	12454
resolution, may choose to have the ~~Ohio~~state board of emergency	12455
medical, fire, and transportation ~~board~~services license any	12456
emergency medical service organization it operates. If the board	12457
adopts such a resolution, Chapter 4766. of the Revised Code,	12458
except for sections 4766.06 and 4766.99 of the Revised Code,	12459
applies to the organization. All rules adopted under the	12460
applicable sections of that chapter also apply to the	12461
organization. A board of township trustees, by adoption of an	12462
appropriate resolution, may remove its emergency medical service	12463
organization from the jurisdiction of the ~~Ohio~~state board of	12464
emergency medical, fire, and transportation ~~board~~services.	12465

Sec. 505.375. (A)(1)(a) The boards of township trustees of	12466
one or more townships and the legislative authorities of one or	12467
more municipal corporations, or the legislative authorities of two	12468
or more municipal corporations, or the boards of township trustees	12469
of two or more townships, may negotiate an agreement to form a	12470
fire and ambulance district for the delivery of both fire and	12471
ambulance services. The agreement shall be ratified by the	12472
adoption of a joint resolution by a majority of the members of	12473
each board of township trustees involved and a majority of the	12474
members of the legislative authority of each municipal corporation	12475
involved. The joint resolution shall specify a date on which the	12476
fire and ambulance district shall come into being.	12477

(b) If a joint fire district created under section 505.371 of	12478
the Revised Code or a joint ambulance district created under	12479
section 505.71 of the Revised Code is dissolved to facilitate the	12480
creation of a fire and ambulance district under division (A)(1)(a)	12481
of this section, the townships and municipal corporations forming	12482
the fire and ambulance district may transfer to the fire and	12483
ambulance district any of the funds on hand, moneys and taxes in	12484
the process of collection, credits, and real and personal property	12485
apportioned to them under division (D) of section 505.371 of the	12486
Revised Code or section 505.71 of the Revised Code, as applicable,	12487
for use by the fire and ambulance district in accordance with this	12488
section.	12489

(2)(a) The board of trustees of a joint ambulance district	12490
created under section 505.71 of the Revised Code and the board of	12491
fire district trustees of a joint fire district created under	12492
section 505.371 of the Revised Code may negotiate to combine their	12493
two joint districts into a single fire and ambulance district for	12494
the delivery of both fire and ambulance services, if the	12495
geographic area covered by the combining joint districts is	12496
exactly the same. Both boards shall adopt a joint resolution	12497
ratifying the agreement and setting a date on which the fire and	12498
ambulance district shall come into being.	12499

(b) On that date, the joint fire district and the joint	12500
ambulance district shall cease to exist, and the power of each to	12501
levy a tax upon taxable property shall terminate, except that any	12502
levy of a tax for the payment of indebtedness within the territory	12503
of the joint fire or joint ambulance district as it was composed	12504
at the time the indebtedness was incurred shall continue to be	12505
collected by the successor fire and ambulance district if the	12506
indebtedness remains unpaid. All funds and other property of the	12507
joint districts shall become the property of the fire and	12508
ambulance district, unless otherwise provided in the negotiated	12509
agreement. The agreement shall provide for the settlement of all	12510
debts and obligations of the joint districts.	12511

(B)(1) The governing body of a fire and ambulance district	12512
created under division (A)(1) or (2) of this section shall be a	12513
board of trustees of at least three but no more than nine members,	12514
appointed as provided in the agreement creating the district.	12515
Members of the board may be compensated at a rate not to exceed	12516
thirty dollars per meeting for not more than fifteen meetings per	12517
year, and may be reimbursed for all necessary expenses incurred,	12518
as provided in the agreement creating the district.	12519

(2) The board shall employ a clerk and other employees as it	12520
considers best, including a fire chief or fire prevention	12521
officers, and shall fix their compensation. Neither this section	12522
nor any other section of the Revised Code requires, or shall be	12523
construed to require, that the fire chief of a fire and ambulance	12524
district be a resident of the district.	12525

Before entering upon the duties of office, the clerk shall	12526
execute a bond, in the amount and with surety to be approved by	12527
the board, payable to the state, conditioned for the faithful	12528
performance of all of the clerk's official duties. The clerk shall	12529
deposit the bond with the presiding officer of the board, who	12530
shall file a copy of it, certified by the presiding officer, with	12531
the county auditor of the county containing the most territory in	12532
the district.	12533

The board also shall provide for the appointment of a fiscal	12534
officer for the district and may enter into agreements with	12535
volunteer fire companies for the use and operation of	12536
fire-fighting equipment. Volunteer firefighters acting under such	12537
an agreement are subject to the requirements for volunteer	12538
firefighters set forth in division (A) of section 505.38 of the	12539
Revised Code.	12540

(3) Employees of the district shall not be removed from	12541
office except as provided by sections 733.35 to 733.39 of the	12542
Revised Code, except that, to initiate removal proceedings, the	12543
board shall designate a private citizen or, if the employee is	12544
employed as a firefighter, the board may designate the fire chief,	12545
to investigate, conduct the proceedings, and prepare the necessary	12546
charges in conformity with those sections, and except that the	12547
board shall perform the functions and duties specified for the	12548
municipal legislative authority under those sections. The board	12549
may pay reasonable compensation to any private citizen hired for	12550
services rendered in the matter.	12551

(4) No person shall be appointed as a permanent full-time	12552
paid member of the district whose duties include fire fighting, or	12553
be appointed as a volunteer firefighter, unless that person has	12554
received a certificate issued under former section 3303.07 or	12555
section 4765.55 of the Revised Code evidencing satisfactory	12556
completion of a firefighter training program. The board may send	12557
its officers and firefighters to schools of instruction designed	12558
to promote the efficiency of firefighters and, if authorized in	12559
advance, may pay their necessary expenses from the funds used for	12560
the maintenance and operation of the district.	12561

The board may choose, by adoption of an appropriate	12562
resolution, to have the ~~Ohio~~state board of emergency medical,	12563
fire, and transportation ~~board~~services license any emergency	12564
medical service organization it operates. If the board adopts such	12565
a resolution, Chapter 4766. of the Revised Code, except for	12566
sections 4766.06 and 4766.99 of the Revised Code, applies to the	12567
organization. All rules adopted under the applicable sections of	12568
that chapter also apply to the organization. The board may remove,	12569
by resolution, its emergency medical service organization from the	12570
jurisdiction of the ~~Ohio~~state board of emergency medical, fire,	12571
and transportation ~~board~~services.	12572

(C) The board of trustees of a fire and ambulance district	12573
created under division (A)(1) or (2) of this section may exercise	12574
the following powers:	12575

(1) Purchase or otherwise provide any fire apparatus,	12576
mechanical resuscitators, or other fire or ambulance equipment,	12577
appliances, or materials; fire hydrants; and water supply for	12578
firefighting purposes that seems advisable to the board;	12579

(2) Provide for the care and maintenance of equipment and,	12580
for that purpose, purchase, lease, lease with an option to	12581
purchase, or construct and maintain necessary buildings;	12582

(3) Establish and maintain lines of fire-alarm communications	12583
within the limits of the district;	12584

(4) Appropriate land for a fire station or medical emergency	12585
unit needed in order to respond in reasonable time to a fire or	12586
medical emergency, in accordance with Chapter 163. of the Revised	12587
Code;	12588

(5) Purchase, appropriate, or accept a deed or gift of land	12589
to enlarge or improve a fire station or medical emergency unit;	12590

(6) Purchase, lease, lease with an option to purchase,	12591
maintain, and use all materials, equipment, vehicles, buildings,	12592
and land necessary to perform its duties;	12593

(7) Contract for a period not to exceed three years with one	12594
or more townships, municipal corporations, counties, joint fire	12595
districts, joint ambulance districts, governmental agencies,	12596
nonprofit corporations, or private ambulance owners located either	12597
within or outside the state, to furnish or receive ambulance	12598
services or emergency medical services within the several	12599
territories of the contracting parties, if the contract is first	12600
authorized by all boards of trustees and legislative authorities	12601
concerned;	12602

(8) Establish reasonable charges for the use of ambulance or	12603
emergency medical services under the same conditions under which a	12604
board of fire district trustees may establish those charges under	12605
section 505.371 of the Revised Code;	12606

(9) Establish all necessary rules to guard against the	12607
occurrence of fires and to protect property and lives against	12608
damage and accidents;	12609

(10) Adopt a standard code pertaining to fire, fire hazards,	12610
and fire prevention prepared and promulgated by the state or by a	12611
public or private organization that publishes a model or standard	12612
code;	12613

(11) Provide for charges for false alarms at commercial	12614
establishments in the same manner as joint fire districts are	12615
authorized to do under section 505.391 of the Revised Code;	12616

(12) Issue bonds and other evidences of indebtedness, subject	12617
to Chapter 133. of the Revised Code, but only after approval by a	12618
vote of the electors of the district as provided by section 133.18	12619
of the Revised Code;	12620

(13) To provide the services and equipment it considers	12621
necessary, levy a sufficient tax, subject to Chapter 5705. of the	12622
Revised Code, on all the taxable property in the district.	12623

(D) Any municipal corporation or township may join an	12624
existing fire and ambulance district, whether created under	12625
division (A)(1) or (2) of this section, by its legislative	12626
authority's adoption of a resolution requesting the membership and	12627
upon approval of the board of trustees of the district. Any	12628
municipal corporation or township may withdraw from a district,	12629
whether created under division (A)(1) or (2) of this section, by	12630
its legislative authority's adoption of a resolution ordering	12631
withdrawal. Upon its withdrawal, the municipal corporation or	12632
township ceases to be a part of the district, and the district's	12633
power to levy a tax on taxable property in the withdrawing	12634
township or municipal corporation terminates, except that the	12635
district shall continue to levy and collect taxes for the payment	12636
of indebtedness within the territory of the district as it was	12637
composed at the time the indebtedness was incurred.	12638

Upon the withdrawal of any township or municipal corporation	12639
from a district, the county auditor of the county containing the	12640
most territory in the district shall ascertain, apportion, and	12641
order a division of the funds on hand, including funds in the	12642
ambulance and emergency medical services fund, moneys and taxes in	12643
the process of collection, except for taxes levied for the payment	12644
of indebtedness, credits, and real and personal property on the	12645
basis of the valuation of the respective tax duplicates of the	12646
withdrawing municipal corporation or township and the remaining	12647
territory of the district.	12648

(E) As used in this section:

12649

(1) "Governmental agency" includes all departments, boards,	12650
offices, commissions, agencies, colleges, universities,	12651
institutions, and other instrumentalities of this or another	12652
state.	12653

(2) "Emergency medical service organization" has the same	12654
meaning as in section 4766.01 of the Revised Code.	12655

Sec. 505.44. As used in this section:

12656

(A) "Emergency medical service organization" has the same	12657
meaning as in section 4765.01 of the Revised Code.	12658

(B) "State agency" means all departments, boards, offices,	12659
commissions, agencies, colleges, universities, institutions, and	12660
other instrumentalities of this or another state.	12661

In order to obtain the services of ambulance service	12662
organizations, to obtain additional services from ambulance	12663
service organizations in times of emergency, to obtain the	12664
services of emergency medical service organizations, or, if the	12665
township is located in a county with a population of forty	12666
thousand or less, to obtain the services of nonemergency patient	12667
transport service organizations, a township may enter into a	12668
contract with one or more state agencies, townships, municipal	12669
corporations, counties, nonprofit corporations, joint emergency	12670
medical services districts, fire and ambulance districts, or	12671
private ambulance owners, regardless of whether such state	12672
agencies, townships, municipal corporations, counties, nonprofit	12673
corporations, joint emergency medical services districts, fire and	12674
ambulance districts, or private ambulance owners are located	12675
within or outside the state, upon such terms as are agreed to by	12676
them, to furnish or receive services from ambulance or emergency	12677
medical service organizations or, if the township is located in a	12678
county with a population of forty thousand or less, to furnish or	12679
receive services from nonemergency patient transport service	12680
organizations, or may enter into a contract for the interchange of	12681
services from ambulance or emergency medical service organizations	12682
or, if the township is located in a county with a population of	12683
forty thousand or less, the interchange of services from	12684
nonemergency patient transport service organizations, within the	12685
several territories of the contracting parties, if the contract is	12686
first authorized by the respective boards of township trustees,	12687
the other legislative bodies, or the officer or body authorized to	12688
contract on behalf of the state agency. Such contracts shall not	12689
be entered into with a state agency or nonprofit corporation that	12690
receives more than half of its operating funds from governmental	12691
entities with the intention of directly competing with the	12692
operation of other ambulance, emergency medical, or nonemergency	12693
patient transport service organizations in the township unless the	12694
state agency or nonprofit corporation is awarded the contract	12695
after submitting the lowest and best bid to the board of township	12696
trustees.	12697

The contract may provide for compensation upon such terms as	12698
the parties may agree.	12699

Any township wishing to commence providing or wishing to	12700
enter into a contract for the first time to furnish or obtain	12701
services from nonemergency patient transport service organizations	12702
on or after March 1, 1993, including a township in which a private	12703
provider has been providing the service, shall demonstrate the	12704
need for public funding for the service to, and obtain approval	12705
from, the state board of emergency medical, fire, and	12706
transportation services or its immediate successor board prior to	12707
the establishment of a township-operated or township-funded	12708
service.	12709

Sec. 505.59. The board of township trustees of a township	12710
that withdraws or proposes by resolution to withdraw the	12711
unincorporated territory of the township from a regional transit	12712
authority under section 306.55 of the Revised Code may levy a tax	12713
on taxable property in the unincorporated area of the township	12714
under section 5705.72 of the Revised Code to provide	12715
transportation services for the movement of persons within, from,	12716
or to the unincorporated area of the township.	12717

Sec. 505.72. (A) The board of trustees of a joint ambulance	12718
district shall provide for the employment of such employees as it	12719
considers best, and shall fix their compensation. Such employees	12720
shall continue in office until removed as provided by sections	12721
733.35 to 733.39 of the Revised Code. To initiate removal	12722
proceedings, and for such purpose, the board shall designate a	12723
private citizen to investigate the conduct and prepare the	12724
necessary charges in conformity with sections 733.35 to 733.39 of	12725
the Revised Code. The board may pay reasonable compensation to	12726
such person for the person's services.	12727

In case of the removal of an employee of the district, an	12728
appeal may be had from the decision of the board to the court of	12729
common pleas of the county in which such district, or part of it,	12730
is situated, to determine the sufficiency of the cause of removal.	12731
Such appeal from the findings of the board shall be taken within	12732
ten days.	12733

(B) As used in this division, "emergency medical service	12734
organization" has the same meaning as in section 4765.01 of the	12735
Revised Code.	12736

(1) In order to obtain the services of ambulance service	12737
organizations, to obtain additional services from ambulance	12738
service organizations in times of emergency, or to obtain the	12739
services of emergency medical service organizations, a district	12740
may enter into a contract, for a period not to exceed three years,	12741
with one or more townships, municipal corporations, joint fire	12742
districts, nonprofit corporations, any other governmental unit	12743
that provides ambulance services or emergency medical services, or	12744
with private ambulance owners, regardless of whether such	12745
townships, municipal corporations, joint fire districts, nonprofit	12746
corporations, governmental unit, or private ambulance owners are	12747
located within or without this state, upon such terms as are	12748
agreed to, to furnish or receive services from ambulance or	12749
emergency medical service organizations or the interchange of	12750
services from ambulance or emergency medical service organizations	12751
within the several territories of the contracting subdivisions, if	12752
such contract is first authorized by all boards of trustees and	12753
legislative authorities concerned.	12754

The contract may provide for a fixed annual charge to be paid	12755
at the times agreed upon and stipulated in the contract, or for	12756
compensation based upon a stipulated price for each run, call, or	12757
emergency, or the elapsed time of service required in such run,	12758
call, or emergency, or any combination thereof.	12759

(2) Expenditures of a district for the services of ambulance	12760
service organizations or emergency medical service organizations,	12761
whether pursuant to contract or otherwise, are lawful	12762
expenditures, regardless of whether the district or the party with	12763
which it contracts charges additional fees to users of the	12764
services.	12765

(3) A district's board of trustees, by adoption of an	12766
appropriate resolution, may choose to have the ~~Ohio~~state board of	12767
emergency medical, fire, and transportation ~~board~~services license	12768
any emergency medical service organization the district operates.	12769
If a board adopts such a resolution, Chapter 4766. of the Revised	12770
Code, except for sections 4766.06 and 4766.99 of the Revised Code,	12771
applies to the district emergency medical service organization.	12772
All rules adopted under the applicable sections of that chapter	12773
also apply to the organization. A board, by adoption of an	12774
appropriate resolution, may remove the district emergency medical	12775
service organization from the jurisdiction of the ~~Ohio~~state board	12776
of emergency medical, fire, and transportation ~~board~~services.	12777

(C) Ambulance services or emergency medical services rendered	12778
for a joint ambulance district under this section and section	12779
505.71 of the Revised Code shall be deemed services of the	12780
district. These sections do not authorize suits against a district	12781
or any township or municipal corporation providing or receiving,	12782
or contracting to provide or receive, such services under these	12783
sections for damages for injury or loss to persons or property or	12784
for wrongful death caused by persons providing such services.	12785

Sec. 705.18. An annual appropriation ordinance shall be	12786
prepared by the legislative authority of a municipal corporation	12787
from estimates submitted by the mayor, the ~~chairman~~chairperson of	12788
the commission, or the city manager, as the case may be, in the	12789
manner provided in section 705.17 of the Revised Code for the	12790
annual tax ordinance. The annual appropriation ordinance shall be	12791
submitted to the legislative authority at its first meeting in	12792
~~January~~after the beginning of the municipal corporation's fiscal	12793
year, and the total of any appropriation ordinance passed by such	12794
legislative authority shall not exceed the total balances carried	12795
over from the previous fiscal year plus the estimated revenue of	12796
the current fiscal year. Supplemental appropriations shall not be	12797
made during the current fiscal year except from an contingent fund	12798
regularly set aside by the legislative authority in the annual	12799
appropriation ordinance or unless by an ordinance passed as an	12800
emergency measure.	12801

Sec. 749.04. When the legislative authority of a municipal	12802
corporation enters upon and takes possession of grounds purchased,	12803
appropriated, or otherwise obtained for hospital purposes, and, by	12804
resolution or ordinance, determines to erect thereon or rebuild a	12805
hospital, the erection and repair thereof or any addition thereto	12806
shall be vested in ~~a board of five commissioners, called~~ the board	12807
of hospital commissioners, as established under this section.	12808

Such board shall consist of the mayor~~, who, by virtue of his~~	12809
~~office, shall be its president,~~ and ~~four~~at least three trustees,	12810
to be appointed by the mayor with the consent of the legislative	12811
authority. The members of such board shall be resident freehold	12812
electors of the municipal corporation, and they shall receive no	12813
compensation for their services.	12814

Sec. 749.05. The term of office of the appointed members of	12815
the board of hospital commissioners shall be four years, but the	12816
members first appointed shall hold their offices, respectively, as	12817
determined by lot at the first meeting of the board, for the	12818
periods of one, two, three, and four years, and thereafter one	12819
member shall be appointed each year for the full term of four	12820
years. AThe mayor with the consent of the legislative authority	12821
shall fill any vacancy on the board of hospital commissioners not	12822
later than sixty days after the vacancy occurs. If the vacancy	12823
remains unfilled on that date, the legislative authority shall	12824
have thirty additional days to fill the vacancy. If the vacancy	12825
remains unfilled for ninety days after the vacancy occurs, the	12826
remaining members of the board, by majority vote, shall appoint an	12827
individual to fill the vacancy. Any member appointed to fill a	12828
vacancy occurring prior to the expiration date of the term for	12829
which the member's predecessor was appointed shall hold office as	12830
a member for the remainder of that term.	12831

A majority of the board shall constitute a quorum.

12832

Sec. 749.18. If an agreement under section 749.16 of the	12833
Revised Code concerns or includes participation of a joint	12834
township hospital district, or of a county, in the maintenance and	12835
operation of a municipal hospital, the municipal corporation may	12836
establish a board of governors to exercise, subject to such	12837
further limitations as are imposed by the agreement, the powers	12838
vested in the board of hospital commissioners, provided that any	12839
such limitations shall not deny the board of governors the	12840
authority to retain counsel, to institute legal action in its own	12841
name, or to employ any other lawful means, for the collection of	12842
delinquent accounts. The board of governors may include in its	12843
membership representatives of a participating district who are	12844
electors of the district, or of a participating county who are	12845
electors of that county or an adjacent county, as are provided for	12846
in the agreement.	12847

Except as otherwise provided in this section, the municipal	12848
members of the board of governors shall consist of the mayor~~, who~~	12849
~~by virtue of that office shall be its president,~~ and ~~four~~at least	12850
three resident freeholders of the municipal corporation, at least	12851
one of whom shall be a doctor of medicine, to be appointed by the	12852
mayor with the consent of the legislative authority. However, if	12853
necessary to secure qualified individuals to serve on the board of	12854
governors, the municipal members of the board may be residents of	12855
the county in which the municipal corporation is located or of an	12856
adjacent county. ~~The~~	12857

The term of office of ~~those~~ municipal members of the board of	12858
governors shall be as provided in section 749.05 of the Revised	12859
Code and vacancies on the board with respect to those members	12860
shall be filled as provided in that section. Unless otherwise	12861
provided in the agreement, any vacancy on the board with respect	12862
to a member appointed by a participating joint township hospital	12863
district or county shall be filled by the appointing body not	12864
later than ninety days after the vacancy occurs and if the vacancy	12865
remains unfilled on that date, the remaining members of the board,	12866
by majority vote, shall appoint an individual to fill the vacancy.	12867
Unless otherwise provided in the agreement, vacancies on the board	12868
with respect to any other members shall be filled by the remaining	12869
members of the board, by majority vote. Any member appointed to	12870
fill a vacancy occurring prior to the expiration date of the term	12871
for which the member's predecessor was appointed shall hold office	12872
as a member for the remainder of that term.	12873

The board of governors, subject to the terms of the	12874
agreement, shall establish regulations and elect officers~~, other~~	12875
~~than president,~~ as its members determine. The members shall be	12876
entitled to the compensation for their services provided by the	12877
agreement.	12878

Sec. 901.53. (A) As used in this section, "agricultural	12879
structure" means any building or structure that is used in	12880
production, growing, harvesting, or housing for the purposes of	12881
agriculture.	12882

(B) With regard to fire prevention and safety, agriculture	12883
and agricultural structures are subject only to the state fire	12884
code established in rules adopted under section 3737.82 of the	12885
Revised Code and not to any other requirements governing fire	12886
prevention and safety.	12887

Sec. 901.54. ~~(A)~~ There is hereby created the office of	12888
farmland preservation within the department of agriculture. The	12889
office shall do all of the following:	12890

~~(1)~~(A) Prepare guidelines and criteria for use in the	12891
development of comprehensive local land use plans that encourage	12892
the efficient use of public infrastructure and the preservation of	12893
farmland;	12894

~~(2)~~(B) Establish a farmland preservation program to	12895
coordinate and assist local farmland preservation initiatives;	12896

~~(3) Administer the pilot farmland preservation fund~~	12897
~~established in division (B) of this section;~~	12898

~~(4)~~(C) Educate existing agencies and organizations on the	12899
importance of farmland preservation and on the significance of	12900
agriculture and agribusiness to this state's economy;	12901

~~(5)~~(D) Serve as a liaison with other farmland preservation	12902
entities operating on a state, regional, or national level;	12903

~~(6)~~(E) Prepare an inventory of farmland within this state to	12904
monitor the development of lands within this state having prime	12905
soils or unique microclimates.	12906

~~(B) There is hereby created in the state treasury the pilot~~	12907
~~farmland preservation fund consisting of moneys received by the~~	12908
~~office of farmland preservation for the purposes of the fund. The~~	12909
~~fund shall be administered by the office of farmland preservation.~~	12910
~~Moneys in the fund shall be used to leverage or match other~~	12911
~~farmland preservation funds provided from federal, local, or~~	12912
~~private sources.~~	12913

Sec. 924.51. (A) There is hereby created the Ohio grape	12915
industries committee consisting of nine members. The members shall	12916
be the director of agriculture or the director's designee, who	12917
shall chair the committee, the superintendent of liquor control or	12918
the superintendent's designee, the chief of the division of	12919
markets of the department of agriculture, the viticulture	12920
extension specialist of the Ohio agricultural research and	12921
development center, who shall be a nonvoting member, and five	12922
members who shall be residents of this state and appointed by the	12923
director of agriculture in accordance with division (B) of this	12924
section. At no time shall the director appoint more than five	12925
members to the committee.	12926

(B) Of the five members of the committee appointed by the	12927
director of agriculture, not less than two, but not more than	12928
three shall be persons who receive ~~the major portion of their~~	12929
income from the production of grapes or grape products. ~~The term~~	12930
~~of one of these members shall begin January 1, 1982, and end~~	12931
~~December 31, 1982, and the second member's term shall begin~~	12932
~~January 1, 1982, and end December 31, 1983. Two~~Not less than two,	12933
but not more than three members shall be persons who receive ~~the~~	12934
~~major portion of their~~ income from the production of wine from raw	12935
grape or fruit products in either raw fruit or fresh juice form.	12936
The ~~term of one of these members shall begin January 1, 1982, and~~	12937
~~end December 31, 1982, and the second member's term shall begin~~	12938
~~January 1, 1982, and end December 31, 1983. One member shall be a~~	12939
~~person the major portion of whose income is from the production of~~	12940
~~grape products other than wine, such as juice, jams, or jellies;~~	12941
~~that member's term shall begin January 1, 1982, and end December~~	12942
~~31, 1984. Thereafter, the~~ terms for each appointed member of the	12943
committee shall be for three years, commencing on the first day of	12944
January and ending on the thirty-first day of December. No	12945
appointed member shall serve more than two consecutive terms. The	12946
director may remove any appointed member for cause.	12947

(C) Members shall be appointed to fill vacancies caused by	12948
death, resignation, or removal in the same manner prescribed for	12949
regular appointment to the committee. Any member appointed to fill	12950
a vacancy occurring prior to the expiration of the term for which	12951
the member's predecessor was appointed shall hold office for the	12952
remainder of the term. Any member shall continue in office	12953
subsequent to the expiration date of that member's term until that	12954
member's successor takes office, or until a period of ~~sixty~~one	12955
hundred eighty days has elapsed, whichever occurs first.	12956

(D) All members of the committee are entitled to their actual	12957
and necessary expenses incurred in the performance of their duties	12958
as members, payable from moneys received from the Ohio grape	12959
industries fund created under section 924.54 of the Revised Code.	12960

(E) A majority of the committee constitutes a quorum.

12961

Sec. 955.16. (A) Dogs that have been seized by the county	12962
dog warden and impounded shall be kept, housed, and fed for three	12963
days for the purpose of redemption, as provided by section 955.18	12964
of the Revised Code, unless any of the following applies:	12965

(1) Immediate humane destruction of the dog is necessary	12966
because of obvious disease or injury. If the diseased or injured	12967
dog is registered, as determined from the current year's	12968
registration list maintained by the warden and the county auditor	12969
of the county where the dog is registered, the necessity of	12970
destroying the dog shall be certified by a licensed veterinarian	12971
or a registered veterinary technician. If the dog is not	12972
registered, the decision to destroy it shall be made by the	12973
warden.	12974

(2) The dog is currently registered on the registration list	12975
maintained by the warden and the auditor of the county where the	12976
dog is registered and the attempts to notify the owner, keeper, or	12977
harborer under section 955.12 of the Revised Code have failed, in	12978
which case the dog shall be kept, housed, and fed for fourteen	12979
days for the purpose of redemption.	12980

(3) The warden has contacted the owner, keeper, or harborer	12981
under section 955.12 of the Revised Code, and the owner, keeper,	12982
or harborer has requested that the dog remain in the pound or	12983
animal shelter until the owner, harborer, or keeper redeems the	12984
dog. The time for such redemption shall be not more than	12985
forty-eight hours following the end of the appropriate redemption	12986
period.	12987

At any time after such periods of redemption, any dog not	12988
redeemed shall be donated to any nonprofit special agency that is	12989
engaged in the training of any type of assistance dogs and that	12990
requests that the dog be donated to it. Any dog not redeemed that	12991
is not requested by such an agency may be sold, except that no dog	12992
sold to a person other than a nonprofit teaching or research	12993
institution or organization of the type described in division (B)	12994
of this section shall be discharged from the pound or animal	12995
shelter until the animal has been registered and furnished with a	12996
valid registration tag.	12997

(B) Any dog that is not redeemed within the applicable period	12998
as specified in this section or section 955.12 of the Revised Code	12999
from the time notice is mailed to its owner, keeper, or harborer	13000
or is posted at the pound or animal shelter, as required by	13001
section 955.12 of the Revised Code, and that is not required to be	13002
donated to a nonprofit special agency engaged in the training of	13003
any type of assistance dogs may, upon payment to the dog warden or	13004
poundkeeper of the sum of three dollars, be sold to any nonprofit	13005
Ohio institution or organization that is certified by the ~~Ohio~~	13006
~~public~~director of health ~~council~~ as being engaged in teaching or	13007
research concerning the prevention and treatment of diseases of	13008
human beings or animals. Any dog that is donated to a nonprofit	13009
special agency engaged in the training of any type of assistance	13010
dogs in accordance with division (A) of this section and any dog	13011
that is sold to any nonprofit teaching or research institution or	13012
organization shall be discharged from the pound or animal shelter	13013
without registration and may be kept by the agency or by the	13014
institution or organization without registration so long as the	13015
dog is being trained, or is being used for teaching and research	13016
purposes.	13017

Any institution or organization certified by the ~~Ohio public~~	13018
~~health council~~director that obtains dogs for teaching and	13019
research purposes pursuant to this section shall, at all	13020
reasonable times, make the dogs available for inspection by agents	13021
of the Ohio humane society, appointed pursuant to section 1717.04	13022
of the Revised Code, and agents of county humane societies,	13023
appointed pursuant to section 1717.06 of the Revised Code, in	13024
order that the agents may prevent the perpetration of any act of	13025
cruelty, as defined in section 1717.01 of the Revised Code, to the	13026
dogs.	13027

(C) Any dog that the dog warden or poundkeeper is unable to	13028
dispose of, in the manner provided by this section and section	13029
955.18 of the Revised Code, may be humanely destroyed, except that	13030
no dog shall be destroyed until twenty-four hours after it has	13031
been offered to a nonprofit teaching or research institution or	13032
organization, as provided in this section, that has made a request	13033
for dogs to the dog warden or poundkeeper.	13034

(D) An owner of a dog that is wearing a valid registration	13035
tag who presents the dog to the dog warden or poundkeeper may	13036
specify in writing that the dog shall not be offered to a	13037
nonprofit teaching or research institution or organization, as	13038
provided in this section.	13039

(E) A record of all dogs impounded, the disposition of the	13040
same, the owner's name and address, if known, and a statement of	13041
costs assessed against the dogs shall be kept by the poundkeeper,	13042
and the poundkeeper shall furnish a transcript thereof to the	13043
county treasurer quarterly.	13044

A record of all dogs received and the source that supplied	13045
them shall be kept, for a period of three years from the date of	13046
acquiring the dogs, by all institutions or organizations engaged	13047
in teaching or research concerning the prevention and treatment of	13048
diseases of human beings or animals.	13049

(F) No person shall destroy any dog by the use of a high	13050
altitude decompression chamber or by any method other than a	13051
method that immediately and painlessly renders the dog initially	13052
unconscious and subsequently dead.	13053

Sec. 955.26. Whenever, in the judgment of the director of	13054
health, any city or general health district board of health, or	13055
persons performing the duties of a board of health, rabies is	13056
prevalent, the director of health, the board, or those persons	13057
shall declare a quarantine of all dogs in the health district or	13058
in a part of it. During the quarantine, the owner, keeper, or	13059
harborer of any dog shall keep it confined on the premises of the	13060
owner, keeper, or harborer, or in a suitable pound or kennel, at	13061
the expense of the owner, keeper, or harborer, except that a dog	13062
may be permitted to leave the premises of its owner, keeper, or	13063
harborer if it is under leash or under the control of a	13064
responsible person. The quarantine order shall be considered an	13065
emergency and need not be published.	13066

When the quarantine has been declared, the director of	13067
health, the board, or those persons may require vaccination for	13068
rabies of all dogs within the health district or part of it. Proof	13069
of rabies vaccination within a satisfactory period shall be	13070
demonstrated to the county auditor before any registration is	13071
issued under section 955.01 of the Revised Code for any dog that	13072
is required to be vaccinated.	13073

The ~~public health council~~director shall determine	13074
appropriate methods of rabies vaccination and satisfactory periods	13075
for purposes of quarantines under this section.	13076

When a quarantine of dogs has been declared in any health	13077
district or part of a health district, the county dog warden and	13078
all other persons having the authority of police officers shall	13079
assist the health authorities in enforcing the quarantine order.	13080
When rabies vaccination has been declared compulsory in any health	13081
district or part of a health district, the dog warden shall assist	13082
the health authorities in enforcing the vaccination order.	13083

Notwithstanding the provisions of this section, a city or	13084
general health district board of health may make orders pursuant	13085
to sections 3709.20 and 3709.21 of the Revised Code requiring the	13086
vaccination of dogs.	13087

Sec. 991.02. (A) There is hereby created the Ohio	13088
expositions commission, which shall consist of the following	13089
~~thirteen~~fourteen members: nine members appointed by the governor	13090
with the advice and consent of the senate; the director of	13091
development, the director of natural resources, and the director	13092
of agriculture, or their designated representatives, who shall be	13093
ex officio members with voting rights of ~~such~~the commission; and	13094
the ~~chairman~~chairperson of the standing committee in the house of	13095
representatives to which matters dealing with agriculture are	13096
generally referred and the ~~chairman~~chairperson of the standing	13097
committee in the senate to which matters dealing with agriculture	13098
are generally referred, who shall be nonvoting members. If the	13099
senate is not in session, recess appointments shall be made by the	13100
governor.	13101

(B) Of the nine members of the commission appointed by the	13102
governor, not more than five shall be from one political party, at	13103
least three members shall receive the major portion of their	13104
income from farming, and at least one member shall, at the time of	13105
~~his~~ appointment, be a member of the board of directors of an	13106
agricultural society ~~which~~that was organized in compliance with	13107
section 1711.01 or 1711.02 of the Revised Code. Terms of office	13108
shall be for six years, commencing on the second day of December	13109
and ending on the first day of December. Each member shall hold	13110
office from the date of ~~his~~ appointment until the end of the term	13111
for which hethe member was appointed. Any member appointed to	13112
fill a vacancy occurring prior to the expiration of the term for	13113
which ~~his~~the member's predecessor was appointed shall hold office	13114
for the remainder of ~~such~~that term. Any member shall continue in	13115
office subsequent to the expiration date of ~~his~~the member's term	13116
until ~~his~~the member's successor takes office, or until a period	13117
of sixty days has elapsed, whichever occurs first.	13118

The term of each nonvoting, legislative member of the	13119
commission shall be for two years or until the end of the member's	13120
legislative term, whichever occurs first.	13121

(C) The commission shall annually, during the month of	13122
December, select from among its members a ~~chairman~~chairperson, a	13123
~~vice-chairman~~vice-chairperson, who in the absence of the ~~chairman~~	13124
chairperson shall carry out ~~his~~the chairperson's duties, and a	13125
secretary, who may be a member or employee of the commission, to	13126
record the minutes of its meetings and to carry out such other	13127
duties as may be assigned by the commission, its ~~chairman~~	13128
chairperson, or ~~vice-chairman~~its vice-chairperson.	13129

(D) The director of agriculture, the director of natural	13130
resources, and the director of development, or their designated	13131
representatives, and the two legislators appointed to the	13132
commission, as members of the commission shall serve without	13133
compensation.	13134

(E) Each of the members of the commission appointed by the	13135
governor shall be paid the rate established pursuant to division	13136
(J) of section 124.15 of the Revised Code. All members of the	13137
commission are entitled to their actual and necessary expenses	13138
incurred in the performance of their duties as such members,	13139
payable from the appropriations for the commission.	13140

(F) The commission shall hold at least one regular meeting in	13141
each quarter of each calendar year, and shall keep a record of its	13142
proceedings, which shall be open to the public for inspection.	13143
Special meetings may be called by the ~~chairman~~chairperson and	13144
shall be called by ~~him~~the chairperson upon receipt of a written	13145
request therefor signed by two or more members of the commission.	13146
Written notice of the time and place of each meeting shall be sent	13147
to each member of the commission. Six of the voting members of the	13148
commission shall constitute a quorum.	13149

(G) The commission shall employ and prescribe the powers and	13150
duties of a general manager who shall serve in the unclassified	13151
civil service at a salary fixed pursuant to section 124.14 of the	13152
Revised Code. The general manager may employ such assistant	13153
managers as hethe general manager and the commission may approve.	13154
At no time shall such assistant managers exceed four in number,	13155
one of whom shall be appointed in the classified civil service.	13156
The general manager may, subject to the approval of the	13157
commission, employ a fiscal officer and such other officers,	13158
employees, and consultants with such powers and duties as are	13159
necessary to carry out ~~sections 991.01 to 991.07 of the Revised~~	13160
~~Code~~this chapter. With the approval of the commission and in	13161
order to implement this chapter, the general manager may employ	13162
and fix the compensation of seasonal employees; these employees	13163
shall be in the unclassified civil service, and the overtime pay	13164
requirements of section 124.18 of the Revised Code do not apply to	13165
them. The general manager shall be considered the appointing	13166
authority of the commission for purposes of Chapter 124. of the	13167
Revised Code.	13168

(H) The governor may remove any appointed voting member of	13169
the commission at any time for inefficiency, neglect of duty, or	13170
malfeasance in office.	13171

Sec. 1121.23. Whenever the approval of the superintendent of	13172
financial institutions is required under Chapters 1101. to 1127.	13173
of the Revised Code, or under an order or supervisory action	13174
issued or taken under those chapters, for a person to serve as an	13175
organizer, incorporator, director, executive officer, or	13176
controlling shareholder of a bank, or to otherwise have a	13177
substantial interest in or participate in the management of a	13178
bank, the superintendent shall request the superintendent of the	13179
bureau of criminal identification and investigation, or a vendor	13180
approved by the bureau, to conduct a criminal records check based	13181
on the person's fingerprints in accordance with ~~division (A)(14)~~	13182
of section 109.572 of the Revised Code. The superintendent of	13183
financial institutions shall request that criminal record	13184
information from the federal bureau of investigation be obtained	13185
as part of the criminal records check. Any fee required under	13186
division (C)(3) of section 109.572 of the Revised Code shall be	13187
paid by the person who is the subject of the request.	13188

Sec. 1155.03. Whenever the approval of the superintendent of	13189
financial institutions is required under Chapters 1151. to 1157.	13190
of the Revised Code, or under an order or supervisory action	13191
issued or taken under those chapters, for a person to serve as an	13192
organizer, incorporator, director, executive officer, or	13193
controlling person of a savings and loan association, or to	13194
otherwise have a substantial interest in or participate in the	13195
management of a savings and loan association, the superintendent	13196
shall request the superintendent of the bureau of criminal	13197
identification and investigation, or a vendor approved by the	13198
bureau, to conduct a criminal records check based on the person's	13199
fingerprints in accordance with ~~division (A)(14) of~~ section	13200
109.572 of the Revised Code. The superintendent of financial	13201
institutions shall request that criminal record information from	13202
the federal bureau of investigation be obtained as part of the	13203
criminal records check. Any fee required under division (C)(3) of	13204
section 109.572 of the Revised Code shall be paid by the person	13205
who is the subject of the request.	13206

Sec. 1163.05. Whenever the approval of the superintendent of	13207
financial institutions is required under Chapters 1161. to 1165.	13208
of the Revised Code, or under an order or supervisory action	13209
issued or taken under those chapters, for a person to serve as an	13210
organizer, incorporator, director, executive officer, or	13211
controlling person of a savings bank, or to otherwise have a	13212
substantial interest in or participate in the management of a	13213
savings bank, the superintendent shall request the superintendent	13214
of the bureau of criminal identification and investigation, or a	13215
vendor approved by the bureau, to conduct a criminal records check	13216
based on the person's fingerprints in accordance with ~~division~~	13217
~~(A)(14) of~~ section 109.572 of the Revised Code. The superintendent	13218
of financial institutions shall request that criminal record	13219
information from the federal bureau of investigation be obtained	13220
as part of the criminal records check. Any fee required under	13221
division (C)(3) of section 109.572 of the Revised Code shall be	13222
paid by the person who is the subject of the request.	13223

Sec. 1315.141. Whenever the approval of the superintendent of	13224
financial institutions is required under sections 1315.01 to	13225
1315.18 of the Revised Code, or under an order or supervisory	13226
action issued or taken under those sections, for a person to serve	13227
as an organizer, incorporator, director, executive officer, or	13228
controlling person of a licensee, or to otherwise have a	13229
substantial interest in or participate in the management of a	13230
licensee, the superintendent shall request the superintendent of	13231
the bureau of criminal identification and investigation, or a	13232
vendor approved by the bureau, to conduct a criminal records check	13233
based on the person's fingerprints in accordance with ~~division~~	13234
~~(A)(14) of~~ section 109.572 of the Revised Code. The superintendent	13235
of financial institutions shall request that criminal record	13236
information from the federal bureau of investigation be obtained	13237
as part of the criminal records check. Any fee required under	13238
division (C)(3) of section 109.572 of the Revised Code shall be	13239
paid by the person who is the subject of the request.	13240

Sec. 1317.05. (A) Any retail seller who, in any retail	13241
installment contract, has agreed to purchase insurance for the	13242
retail buyer and to extend credit for the price thereof, shall,	13243
prior to the due date of the first installment of the retail	13244
installment contract, deliver to the retail buyer personally, or	13245
mail or cause to be mailed to ~~him~~the retail buyer at ~~his~~the	13246
retail buyer's address as shown on the retail installment	13247
contract, the policy of insurance, or in lieu thereof a	13248
certificate of insurance, or the retail buyer is not liable on ~~his~~	13249
the retail buyer's retail installment contract until the policy,	13250
or certificate of insurance, is received, or full refund is made	13251
of the insurance premium.	13252

If the premium for insurance of like kind and amount, as	13253
fixed in the published manual of a recognized standard rating	13254
bureau designated by the retail seller, is less than the amount	13255
charged the retail buyer as fixed in the written instrument in	13256
compliance with division (D) of section 1317.04 of the Revised	13257
Code, the retail buyer may deduct an amount equal to three times	13258
the difference from the amount owed the retail seller, or ~~his~~the	13259
retail seller's successor in interest. Sections 1317.01 to	13260
1317.11, inclusive, of the Revised Code do not impair the	13261
authority of the superintendent of insurance to grant, renew, or	13262
revoke licenses, nor do said sections authorize anyone other than	13263
a licensee of the division of insurance to directly or indirectly	13264
receive any part of the amount charged for insurance in connection	13265
with any retail installment sale.	13266

(B) As used in this division, "debt cancellation or debt	13267
suspension product" means a contractual agreement in which a	13268
retail seller, or its assignee, agrees for a separate charge to	13269
cancel or waive all or a part of amounts due on a retail buyer's	13270
retail installment contract in the event of a total physical	13271
damage loss or unrecovered theft of the motor vehicle that is the	13272
subject of the contract. "Debt cancellation or debt suspension	13273
product" includes a guaranteed asset protection waiver, guaranteed	13274
auto protection waiver, or other similarly named agreement.	13275

A debt cancellation or debt suspension product, and an	13276
addendum to a retail installment contract containing a debt	13277
cancellation or debt suspension product, shall be considered a	13278
part of the retail installment contract and shall remain a part of	13279
that contract upon the assignment, sale, or transfer of that	13280
contract. The charge for any debt cancellation or debt suspension	13281
product shall be listed as a specific good. The purchase price and	13282
the terms of the debt cancellation or debt suspension product	13283
shall be disclosed in writing to the buyer. The extension of	13284
credit, terms of the credit, or the terms of the related motor	13285
vehicle sale or lease shall not be conditioned on the purchase of	13286
the debt cancellation or debt suspension product. Notwithstanding	13287
any other provision of law, a debt cancellation or debt suspension	13288
product shall not be considered insurance.	13289

Sec. 1321.37. (A) Application for an original or renewal	13290
license to make short-term loans shall be in writing, under oath,	13291
and in the form prescribed by the superintendent of financial	13292
institutions, and shall contain the name and address of the	13293
applicant, the location where the business of making loans is to	13294
be conducted, and any further information as the superintendent	13295
requires. At the time of making an application for an original	13296
license, the applicant shall pay to the superintendent a	13297
nonrefundable investigation fee of two hundred dollars. No	13298
investigation fee or any portion thereof shall be refunded after	13299
an original license has been issued. The application for an	13300
original or renewal license shall be accompanied by an original or	13301
renewal license fee, for each business location of one thousand	13302
dollars, except that applications for original licenses issued on	13303
or after the first day of July for any year shall be accompanied	13304
by an original license fee of five hundred dollars, and except	13305
that an application for an original or renewal license, for a	13306
nonprofit corporation that is incorporated under Chapter 1702. of	13307
the Revised Code, shall be accompanied by an original or renewal	13308
license fee, for each business location, that is one-half of the	13309
fee otherwise required. All fees paid to the superintendent	13310
pursuant to this division shall be deposited into the state	13311
treasury to the credit of the consumer finance fund.	13312

(B) Upon the filing of an application for an original license	13313
and, with respect to an application filed for a renewal license,	13314
on a schedule determined by the superintendent by rule adopted	13315
pursuant to section 1321.43 of the Revised Code, and the payment	13316
of fees in accordance with division (A) of this section, the	13317
superintendent shall investigate the facts concerning the	13318
applicant and the requirements provided by this division. The	13319
superintendent shall request the superintendent of the bureau of	13320
criminal identification and investigation, or a vendor approved by	13321
the bureau, to conduct a criminal records check based on the	13322
applicant's fingerprints in accordance with ~~division (A)(12) of~~	13323
section 109.572 of the Revised Code. Notwithstanding division (K)	13324
of section 121.08 of the Revised Code, the superintendent of	13325
financial institutions shall request that criminal record	13326
information from the federal bureau of investigation be obtained	13327
as part of the criminal records check. The superintendent of	13328
financial institutions shall conduct a civil records check. The	13329
superintendent shall approve an application and issue an original	13330
or renewal license to the applicant if the superintendent finds	13331
all of the following:	13332

(1) The financial responsibility, experience, reputation, and	13333
general fitness of the applicant are such as to warrant the belief	13334
that the business of making loans will be operated lawfully,	13335
honestly, and fairly under sections 1321.35 to 1321.48 of the	13336
Revised Code and within the purposes of those sections; that the	13337
applicant has fully complied with those sections and any rule or	13338
order adopted or issued pursuant to section 1321.43 of the Revised	13339
Code; and that the applicant is qualified to engage in the	13340
business of making loans under sections 1321.35 to 1321.48 of the	13341
Revised Code.	13342

(2) The applicant is financially sound and has a net worth of	13343
not less than one hundred thousand dollars, or in the case of a	13344
nonprofit corporation that is incorporated under Chapter 1702. of	13345
the Revised Code, a net worth of not less than fifty thousand	13346
dollars. The applicant's net worth shall be computed according to	13347
generally accepted accounting principles.	13348

(3) The applicant has never had revoked a license to make	13349
loans under sections 1321.35 to 1321.48 of the Revised Code, under	13350
former sections 1315.35 to 1315.44 of the Revised Code, or to do	13351
business under sections 1315.21 to 1315.30 of the Revised Code.	13352

(4) Neither the applicant nor any senior officer, or partner	13353
of the applicant, has pleaded guilty to or been convicted of any	13354
criminal offense involving theft, receiving stolen property,	13355
embezzlement, forgery, fraud, passing bad checks, money	13356
laundering, or drug trafficking, or any criminal offense involving	13357
money or securities or any violation of an existing or former law	13358
of this state, any other state, or the United States that	13359
substantially is equivalent to a criminal offense described in	13360
that division. However, if the applicant or any of those other	13361
persons has pleaded guilty to or been convicted of any such	13362
offense other than theft, the superintendent shall not consider	13363
the offense if the applicant has proven to the superintendent, by	13364
a preponderance of the evidence, that the applicant's or other	13365
person's activities and employment record since the conviction	13366
show that the applicant or other person is honest, truthful, and	13367
of good reputation, and there is no basis in fact for believing	13368
that the applicant or other person will commit such an offense	13369
again.	13370

(5) Neither the applicant nor any senior officer, or partner	13371
of the applicant, has been subject to any adverse judgment for	13372
conversion, embezzlement, misappropriation of funds, fraud,	13373
misfeasance or malfeasance, or breach of fiduciary duty, or if the	13374
applicant or any of those other persons has been subject to such a	13375
judgment, the applicant has proven to the superintendent, by a	13376
preponderance of the evidence, that the applicant's or other	13377
person's activities and employment record since the judgment show	13378
that the applicant or other person is honest, truthful, and of	13379
good reputation, and there is no basis in fact for believing that	13380
the applicant or other person will be subject to such a judgment	13381
again.	13382

(C) If the superintendent finds that the applicant does not	13383
meet the requirements of division (B) of this section, or the	13384
superintendent finds that the applicant knowingly or repeatedly	13385
contracts with or employs persons to directly engage in lending	13386
activities who have been convicted of a felony crime listed in	13387
division (B)(5) of this section, the superintendent shall issue an	13388
order denying the application for an original or renewal license	13389
and giving the applicant an opportunity for a hearing on the	13390
denial in accordance with Chapter 119. of the Revised Code. The	13391
superintendent shall notify the applicant of the denial, the	13392
grounds for the denial, and the applicant's opportunity for a	13393
hearing. If the application is denied, the superintendent shall	13394
return the annual license fee but shall retain the investigation	13395
fee.	13396

(D) No person licensed under sections 1321.35 to 1321.48 of	13397
the Revised Code shall conduct business in this state unless the	13398
licensee has obtained and maintains in effect at all times a	13399
corporate surety bond issued by a bonding company or insurance	13400
company authorized to do business in this state. The bond shall be	13401
in favor of the superintendent and in the penal sum of at least	13402
one hundred thousand dollars, or in the case of a nonprofit	13403
corporation that is incorporated under Chapter 1702. of the	13404
Revised Code, in the amount of fifty thousand dollars. The term of	13405
the bond shall coincide with the term of the license. The licensee	13406
shall file a copy of the bond with the superintendent. The bond	13407
shall be for the exclusive benefit of any borrower injured by a	13408
violation by a licensee or any employee of a licensee, of any	13409
provision of sections 1321.35 to 1321.48 of the Revised Code.	13410

Sec. 1321.52. (A)(1) No person, on that person's own behalf	13411
or on behalf of any other person, shall do any of the following	13412
without having first obtained a certificate of registration from	13413
the division of financial institutions:	13414

(a) Advertise, solicit, or hold out that the person is	13415
engaged in the business of making residential mortgage loans	13416
secured by a mortgage on a borrower's real estate which is other	13417
than a first lien on the real estate;	13418

(b) Engage in the business of lending or collecting the	13419
person's own or another person's money, credit, or choses in	13420
action for non-first lien residential mortgage loans;	13421

(c) Employ or compensate mortgage loan originators licensed	13422
or who should be licensed under sections 1321.51 to 1321.60 of the	13423
Revised Code to conduct the business of making residential	13424
mortgage loans;	13425

(d) Make loans in this state of the type set forth in	13426
division (C) of this section that are unsecured or are secured by	13427
other than real property, which loans are for more than five	13428
thousand dollars at a rate of interest greater than permitted by	13429
section 1343.01 or other specific provisions of the Revised Code.	13430

(2) Each person issued a certificate of registration or	13431
license is subject to all the rules prescribed under sections	13432
1321.51 to 1321.60 of the Revised Code.	13433

(B)(1) All loans made to persons who at the time are	13434
residents of this state are considered as made within this state	13435
and subject to the laws of this state, regardless of any statement	13436
in the contract or note to the contrary, except as follows:	13437

(a) If the loan is primarily secured by a lien on real	13438
property in another state and is arranged by a mortgage loan	13439
originator licensed by that state, the borrower may by choice of	13440
law designate that the transaction be governed by the law where	13441
the real property is located if the other state has consumer	13442
protection laws covering the borrower that are applicable to the	13443
transaction.	13444

(b) If the loan is for the purpose of purchasing goods	13445
acquired by the borrower when the borrower is outside of this	13446
state, the loan may be governed by the laws of the other state.	13447

(2) Nothing in division (B)(1) of this section prevents a	13448
choice of law or requires registration or licensure of persons	13449
outside of this state in a transaction involving the solicitation	13450
of residents of this state to obtain non-real estate secured loans	13451
that require the borrowers to physically visit a lender's	13452
out-of-state office to apply for and obtain the disbursement of	13453
loan funds.	13454

(C) A registrant may make unsecured loans, loans secured by a	13455
mortgage on a borrower's real estate which is a first lien or	13456
other than a first lien on the real estate, loans secured by other	13457
than real estate, and loans secured by any combination of	13458
mortgages and security interests, on terms and conditions provided	13459
by sections 1321.51 to 1321.60 of the Revised Code.	13460

(D)(1) If a lender that is subject to sections 1321.51 to	13461
1321.60 of the Revised Code makes a loan in violation of division	13462
(A)(1) of this section, the lender has no right to collect,	13463
receive, or retain any interest or charges on that loan.	13464

(2) If a registrant applies to the division for a renewal of	13465
the registrant's certificate after the date required by division	13466
(A)(7) of section 1321.53 of the Revised Code, but prior to the	13467
first day of February of that year, and the division approves the	13468
application, division (D)(1) of this section does not apply with	13469
respect to any loan made by the registrant while the registrant's	13470
certificate was expired.	13471

(3) If a person's registration under sections 1321.51 to	13472
1321.60 of the Revised Code terminates due to nonrenewal or	13473
otherwise but the person continues to engage in the business of	13474
collecting or servicing non-first lien residential mortgage loans	13475
in violation of division (A)(1) of this section, the	13476
superintendent of financial institutions may take administrative	13477
action, including action on any subsequent application for a	13478
certificate of registration. In addition, no late fee, bad check	13479
charge except as incurred, charge related to default or cost to	13480
realize on its security interest, or prepayment penalty on	13481
non-first lien residential mortgage loans shall be collected or	13482
retained by a person who is in violation of division (A)(1)(b) of	13483
this section for the period of time in which the person was in	13484
violation. Nothing in division (D)(3) of this section prevents or	13485
otherwise precludes any other actions or penalties provided by law	13486
or modifies a defense of holder in due course that a subsequent	13487
purchaser servicing the residential mortgage loan may raise.	13488

(E)(1) No individual shall engage in the business of a	13489
mortgage loan originator without first obtaining and maintaining	13490
annually a license pursuant to section 1321.532 of the Revised	13491
Code from the division of financial institutions. A mortgage loan	13492
originator shall be employed or associated with a registrant or	13493
entity exempt from registration under sections 1321.51 to 1321.60	13494
of the Revised Code, but shall not be employed by or associated	13495
with more than one registrant or exempt entity at any one time.	13496

(2) An individual acting under the individual's authority as	13497
a registered mortgage loan originator shall not be required to be	13498
licensed under division (E)(1) of this section.	13499

(3) An individual who holds a valid temporary mortgage loan	13500
originator license issued pursuant to section 1321.537 of the	13501
Revised Code may engage in the business of a mortgage loan	13502
originator in accordance with sections 1321.51 to 1321.60 of the	13503
Revised Code during the term of the temporary license.	13504

(F)(1) Each licensee shall register with, and maintain a	13505
valid unique identifier issued by, the nationwide mortgage	13506
licensing system and registry.	13507

(2) No person shall use a licensee's unique identifier for	13508
any purpose other than as set forth in the "Secure and Fair	13509
Enforcement for Mortgage Licensing Act of 2008," 122 Stat. 2810,	13510
12 U.S.C. 5101.	13511

(G)(1) If a person that is subject to sections 1321.51 to	13512
1321.60 of the Revised Code makes a loan in violation of division	13513
(A)(1)(d) of this section and subsequently sells or assigns that	13514
loan, the person is liable to the borrower for any interest paid	13515
on that loan to the holder or assignee in excess of the rate that	13516
would be applicable in the absence of sections 1321.51 to 1321.60	13517
of the Revised Code, in addition to any interest or charges paid	13518
on that loan to the unauthorized lender as provided by division	13519
(D)(1) of this section.	13520

(2) If a person that is subject to sections 1321.51 to	13521
1321.60 of the Revised Code makes a residential mortgage loan in	13522
violation of division (A)(1)(b) or (c) of this section and	13523
subsequently sells or assigns that loan, the lender is liable to	13524
the borrower for any interest paid on that loan to the holder or	13525
assignee in excess of the rate set forth in division (B)(4) of	13526
section 1343.01 of the Revised Code, in addition to any interest	13527
or charges paid on that loan to the unauthorized lender as	13528
provided by division (D)(1) of this section.	13529

Sec. 1321.53. (A)(1) An application for a certificate of	13530
registration under sections 1321.51 to 1321.60 of the Revised Code	13531
shall contain an undertaking by the applicant to abide by those	13532
sections. The application shall be in writing, under oath, and in	13533
the form prescribed by the division of financial institutions, and	13534
shall contain any information that the division may require.	13535
Applicants that are foreign corporations shall obtain and maintain	13536
a license pursuant to Chapter 1703. of the Revised Code before a	13537
certificate is issued or renewed.	13538

(2) Upon the filing of the application and the payment by the	13539
applicant of a nonrefundable two-hundred-dollar investigation fee,	13540
a nonrefundable three-hundred-dollar annual registration fee, and	13541
any additional fee required by the nationwide mortgage licensing	13542
system and registry, the division shall investigate the relevant	13543
facts. If the application involves investigation outside this	13544
state, the applicant may be required by the division to advance	13545
sufficient funds to pay any of the actual expenses of such	13546
investigation, when it appears that these expenses will exceed two	13547
hundred dollars. An itemized statement of any of these expenses	13548
which the applicant is required to pay shall be furnished to the	13549
applicant by the division. No certificate shall be issued unless	13550
all the required fees have been submitted to the division.	13551

(3) All applicants making loans secured by an interest in	13552
real estate shall designate an employee or owner of the applicant	13553
as the applicant's primary point of contact. While acting as the	13554
primary point of contact, the employee or owner shall not be	13555
employed by any other registrant or mortgage broker.	13556

(4) The investigation undertaken upon application shall	13557
include both a civil and criminal records check of the applicant	13558
including any individual whose identity is required to be	13559
disclosed in the application. Where the applicant is a business	13560
entity the superintendent shall have the authority to require a	13561
civil and criminal background check of those persons that in the	13562
determination of the superintendent have the authority to direct	13563
and control the operations of the applicant.	13564

(5)(a) Notwithstanding division (K) of section 121.08 of the	13565
Revised Code, the superintendent of financial institutions shall	13566
obtain a criminal history records check and, as part of that	13567
records check, request that criminal record information from the	13568
federal bureau of investigation be obtained. To fulfill this	13569
requirement, the superintendent shall do either of the following:	13570

(i) Request the superintendent of the bureau of criminal	13571
identification and investigation, or a vendor approved by the	13572
bureau, to conduct a criminal records check based on the	13573
applicant's fingerprints or, if the fingerprints are unreadable,	13574
based on the applicant's social security number, in accordance	13575
with ~~division (A)(12) of~~ section 109.572 of the Revised Code;	13576

(ii) Authorize the nationwide mortgage licensing system and	13577
registry to request a criminal history background check as set	13578
forth in division (C) of section 1321.531 of the Revised Code.	13579

(b) Any fee required under division (C)(3) of section 109.572	13580
of the Revised Code or by the nationwide mortgage licensing system	13581
and registry shall be paid by the applicant.	13582

(6) If an application for a certificate of registration does	13583
not contain all of the information required under division (A) of	13584
this section, and if such information is not submitted to the	13585
division or to the nationwide mortgage licensing system and	13586
registry within ninety days after the superintendent or the	13587
nationwide mortgage licensing system and registry requests the	13588
information in writing, including by electronic transmission or	13589
facsimile, the superintendent may consider the application	13590
withdrawn.	13591

(7) If the division finds that the financial responsibility,	13592
experience, character, and general fitness of the applicant	13593
command the confidence of the public and warrant the belief that	13594
the business will be operated honestly and fairly in compliance	13595
with the purposes of sections 1321.51 to 1321.60 of the Revised	13596
Code and the rules adopted thereunder, and that the applicant has	13597
the requisite bond or applicable net worth and assets required by	13598
division (B) of this section, the division shall thereupon issue a	13599
certificate of registration to the applicant. The superintendent	13600
shall not use a credit score as the sole basis for a registration	13601
denial.	13602

(a)(i) Certificates of registration issued on or after July	13603
1, 2010, shall annually expire on the thirty-first day of	13604
December, unless renewed by the filing of a renewal application	13605
and payment of a three-hundred-dollar nonrefundable annual	13606
registration fee, any assessment as determined by the	13607
superintendent pursuant to division (A)(7)(a)(ii) of this section,	13608
and any additional fee required by the nationwide mortgage	13609
licensing system and registry, on or before the last day of	13610
December of each year. No other fee or assessment shall be	13611
required of a registrant by the state or any political subdivision	13612
of this state.	13613

(ii) If the renewal fees billed by the superintendent	13614
pursuant to division (A)(7)(a)(i) of this section are less than	13615
the estimated expenditures of the consumer finance section of the	13616
division of financial institutions, as determined by the	13617
superintendent, for the following fiscal year, the superintendent	13618
may assess each registrant at a rate sufficient to equal in the	13619
aggregate the difference between the renewal fees billed and the	13620
estimated expenditures. Each registrant shall pay the assessed	13621
amount to the superintendent prior to the last day of June. In no	13622
case shall the assessment exceed ten cents per each one hundred	13623
dollars of interest (excluding charge-off recoveries), points,	13624
loan origination charges, and credit line charges collected by	13625
that registrant during the previous calendar year. If such an	13626
assessment is imposed, it shall not be less than two hundred fifty	13627
dollars per registrant and shall not exceed thirty thousand	13628
dollars less the total renewal fees paid pursuant to division	13629
(A)(7)(a)(i) of this section by each registrant.	13630

(b) Registrants shall timely file renewal applications on	13631
forms prescribed by the division and provide any further	13632
information that the division may require. If a renewal	13633
application does not contain all of the information required under	13634
this section, and if that information is not submitted to the	13635
division or to the nationwide mortgage licensing system and	13636
registry within ninety days after the superintendent or the	13637
nationwide mortgage licensing system and registry requests the	13638
information in writing, including by electronic transmission or	13639
facsimile, the superintendent may consider the application	13640
withdrawn.	13641

(c) Renewal shall not be granted if the applicant's	13642
certificate of registration is subject to an order of suspension,	13643
revocation, or an unpaid and past due fine imposed by the	13644
superintendent.	13645

(d) If the division finds the applicant does not meet the	13646
conditions set forth in this section, it shall issue a notice of	13647
intent to deny the application, and forthwith notify the applicant	13648
of the denial, the grounds for the denial, and the applicant's	13649
reasonable opportunity to be heard on the action in accordance	13650
with Chapter 119. of the Revised Code.	13651

(8) If there is a change of five per cent or more in the	13652
ownership of a registrant, the division may make any investigation	13653
necessary to determine whether any fact or condition exists that,	13654
if it had existed at the time of the original application for a	13655
certificate of registration, the fact or condition would have	13656
warranted the division to deny the application under division	13657
(A)(7) of this section. If such a fact or condition is found, the	13658
division may, in accordance with Chapter 119. of the Revised Code,	13659
revoke the registrant's certificate.	13660

(B) Each registrant that engages in lending under sections	13661
1321.51 to 1321.60 of the Revised Code shall, if not otherwise	13662
required to be bonded pursuant to section 1321.533 of the Revised	13663
Code, maintain both of the following:	13664

(1) A net worth of at least fifty thousand dollars;

13665

(2) For each certificate of registration, assets of at least	13666
fifty thousand dollars either in use or readily available for use	13667
in the conduct of the business.	13668

(C) Not more than one place of business shall be maintained	13669
under the same certificate, but the division may issue additional	13670
certificates to the same registrant upon compliance with sections	13671
1321.51 to 1321.60 of the Revised Code, governing the issuance of	13672
a single certificate. No change in the place of business of a	13673
registrant to a location outside the original municipal	13674
corporation shall be permitted under the same certificate without	13675
the approval of a new application, the payment of the registration	13676
fee and, if required by the superintendent, the payment of an	13677
investigation fee of two hundred dollars. When a registrant wishes	13678
to change its place of business within the same municipal	13679
corporation, it shall give written notice of the change in advance	13680
to the division, which shall provide a certificate for the new	13681
address without cost. If a registrant changes its name, prior to	13682
making loans under the new name it shall give written notice of	13683
the change to the division, which shall provide a certificate in	13684
the new name without cost. Sections 1321.51 to 1321.60 of the	13685
Revised Code do not limit the loans of any registrant to residents	13686
of the community in which the registrant's place of business is	13687
situated. Each certificate shall be kept conspicuously posted in	13688
the place of business of the registrant and is not transferable or	13689
assignable.	13690

(D) Sections 1321.51 to 1321.60 of the Revised Code do not	13691
apply to any of the following:	13692

(1) Entities chartered and lawfully doing business under the	13693
authority of any law of this state, another state, or the United	13694
States as a bank, savings bank, trust company, savings and loan	13695
association, or credit union, or a subsidiary of any such entity,	13696
which subsidiary is regulated by a federal banking agency and is	13697
owned and controlled by such a depository institution;	13698

(2) Life, property, or casualty insurance companies licensed	13699
to do business in this state;	13700

(3) Any person that is a lender making a loan pursuant to	13701
sections 1321.01 to 1321.19 of the Revised Code or a business loan	13702
as described in division (B)(6) of section 1343.01 of the Revised	13703
Code;	13704

(4) Any political subdivision, or any governmental or other	13705
public entity, corporation, instrumentality, or agency, in or of	13706
the United States or any state of the United States, or any entity	13707
described in division (B)(3) of section 1343.01 of the Revised	13708
Code;	13709

(5) A college or university, or controlled entity of a	13710
college or university, as those terms are defined in section	13711
1713.05 of the Revised Code;	13712

(6) A credit union service organization, provided the	13713
organization utilizes services provided by registered mortgage	13714
loan originators or the organization complies with section	13715
1321.522 of the Revised Code and holds a valid letter of exemption	13716
issued by the superintendent.	13717

(E) No person engaged in the business of selling tangible	13718
goods or services related to tangible goods may receive or retain	13719
a certificate under sections 1321.51 to 1321.60 of the Revised	13720
Code for such place of business.	13721

Sec. 1321.531. (A) An application for a mortgage loan	13722
originator license shall be in writing, under oath, and in the	13723
form prescribed by the superintendent of financial institutions.	13724
The application shall be accompanied by a nonrefundable	13725
application fee of one hundred fifty dollars and all other	13726
required fees, including any fees required by the nationwide	13727
mortgage licensing system and registry.	13728

(B) The superintendent may establish relationships or enter	13729
into contracts with the nationwide mortgage licensing system and	13730
registry, or any entities designated by it, to collect and	13731
maintain records and process transaction fees or other fees	13732
related to mortgage loan originator licensees or other persons	13733
subject to or involved in their licensure.	13734

(C) In connection with applying for a mortgage loan	13735
originator license, the applicant shall furnish to the nationwide	13736
mortgage licensing system and registry the following information	13737
concerning the applicant's identity:	13738

(1) The applicant's fingerprints for submission to the	13739
federal bureau of investigation, and any other governmental agency	13740
or entity authorized to receive such information, for purposes of	13741
a state, national, and international criminal history background	13742
check;	13743

(2) Personal history and experience in a form prescribed by	13744
the nationwide mortgage licensing system and registry, along with	13745
authorization for the superintendent and the nationwide mortgage	13746
licensing system and registry to obtain the following:	13747

(a) An independent credit report from a consumer reporting	13748
agency;	13749

(b) Information related to any administrative, civil, or	13750
criminal findings by any governmental jurisdiction.	13751

(D) In order to effectuate the purposes of divisions (C)(1)	13752
and (C)(2)(b) of this section, the superintendent may use the	13753
conference of state bank supervisors, or a wholly owned	13754
subsidiary, as a channeling agent for requesting information from	13755
and distributing information to the United States department of	13756
justice or any other governmental agency. The superintendent may	13757
also use the nationwide mortgage licensing system and registry as	13758
a channeling agent for requesting information from and	13759
distributing information to any source related to matters subject	13760
to divisions (C)(2)(a) and (b) of this section.	13761

(E) Upon the filing of the application, payment of the	13762
application fee, and payment of any additional fee, including any	13763
fee required by the nationwide mortgage licensing system and	13764
registry, the superintendent shall investigate the applicant as	13765
set forth in division (E) of this section.	13766

(1)(a) Notwithstanding division (K) of section 121.08 of the	13767
Revised Code, the superintendent shall obtain a criminal history	13768
records check and, as part of that records check, request that	13769
criminal record information from the federal bureau of	13770
investigation be obtained. To fulfill this requirement, the	13771
superintendent shall do either of the following:	13772

(i) Request the superintendent of the bureau of criminal	13773
identification and investigation, or a vendor approved by the	13774
bureau, to conduct a criminal records check based on the	13775
applicant's fingerprints or, if the fingerprints are unreadable,	13776
based on the applicant's social security number in accordance with	13777
~~division (A)(12) of~~ section 109.572 of the Revised Code;	13778

(ii) Authorize the nationwide mortgage licensing system and	13779
registry to request a criminal history background check as set	13780
forth in division (C) of this section.	13781

(b) Any fee required under division (C)(3) of section 109.572	13782
of the Revised Code or by the nationwide mortgage licensing system	13783
and registry shall be paid by the applicant.	13784

(2) The superintendent of financial institutions shall	13785
conduct a civil records check.	13786

(3) If, in order to issue a license to an applicant,	13787
additional investigation by the superintendent outside this state	13788
is necessary, the superintendent may require the applicant to	13789
advance sufficient funds to pay the actual expenses of the	13790
investigation, if it appears that these expenses will exceed one	13791
hundred dollars. The superintendent shall provide the applicant	13792
with an itemized statement of the actual expenses that the	13793
applicant is required to pay.	13794

(F) If an application for a mortgage loan originator license	13795
does not contain all of the information required under this	13796
section, and if that information is not submitted to the	13797
superintendent or to the nationwide mortgage licensing system and	13798
registry within ninety days after the superintendent or the	13799
nationwide mortgage licensing system and registry requests the	13800
information in writing, including by electronic transmission or	13801
facsimile, the superintendent may consider the application	13802
withdrawn.	13803

Sec. 1321.537. (A) As used in this section:

13804

(1) "Out-of-state mortgage loan originator" means an	13805
individual to whom both of the following apply:	13806

(a) The individual holds a valid mortgage loan originator	13807
license, or comparable authority, issued pursuant to the law of	13808
any other state of the United States.	13809

(b) The individual is registered, fingerprinted, and	13810
maintains a unique identifier through the nationwide mortgage	13811
licensing system and registry.	13812

(2) "Sponsor" means a registrant or entity described in	13813
division (D) of section 1321.53 of the Revised Code that employs	13814
or is associated with an applicant for a temporary mortgage loan	13815
originator license and, during the term of the applicant's	13816
temporary license, covers the applicant under its corporate surety	13817
bond or requires the applicant to obtain and maintain a corporate	13818
surety bond.	13819

(B) The superintendent of financial institutions may, in	13820
accordance with this section, issue to an out-of-state mortgage	13821
loan originator a temporary mortgage loan originator license that	13822
enables the licensee to engage in the business of a mortgage loan	13823
originator while the individual completes the requirements	13824
necessary to meet the conditions set forth in section 1321.532 of	13825
the Revised Code for a mortgage loan originator license. A	13826
temporary mortgage loan originator license shall be valid for a	13827
term of not more than one hundred twenty days from the date of	13828
issuance. A temporary mortgage loan originator license may not be	13829
renewed.	13830

(C) An application for a temporary mortgage loan originator	13831
license shall be in writing, under oath, and in a form that meets	13832
the requirements of the nationwide mortgage licensing system and	13833
registry. The application shall be accompanied by a nonrefundable	13834
application fee, the amount of which shall be determined by the	13835
superintendent in rule, and a certification that, as of the date	13836
of application, the applicant meets both of the following	13837
conditions:	13838

(1) The applicant has at least two years of experience in the	13839
field of residential mortgage lending in the five years	13840
immediately preceding the date of application for the temporary	13841
mortgage loan originator license.	13842

(2) The applicant has not previously applied for a temporary	13843
mortgage loan originator license in this state.	13844

(3) The applicant has not had a mortgage loan originator	13845
license, or comparable authority, revoked in any governmental	13846
jurisdiction. For purposes of division (C)(3) of this section, a	13847
subsequent formal vacation of such a revocation shall not be	13848
considered a revocation.	13849

(4) The applicant has not been convicted of, or pleaded	13850
guilty or nolo contendere to, any of the following in a domestic,	13851
foreign, or military court:	13852

(a) During the seven-year period immediately preceding the	13853
date of application, a misdemeanor involving theft or any felony;	13854

(b) At any time prior to the date of application, a felony	13855
involving an act of fraud, dishonesty, a breach of trust, theft,	13856
or money laundering.	13857

For purposes of division (C)(4) of this section, any	13858
conviction for which the applicant has received a pardon shall not	13859
be considered a conviction.	13860

(D) The superintendent shall issue a temporary mortgage loan	13861
originator license to the applicant if the superintendent finds	13862
that all of the following conditions are met:	13863

(1) The application is accompanied by the application fee and	13864
the certification described in division (C) of this section.	13865

(2) The applicant is registered, fingerprinted, and has a	13866
valid unique identifier through the nationwide mortgage licensing	13867
system and registry as of the date of application.	13868

(3) The applicant has authorized the nationwide mortgage	13869
licensing system and registry to obtain a credit report for	13870
submission to the superintendent.	13871

(4) The applicant has a sponsor that certifies employment of,	13872
or association with, the applicant and has signed the application.	13873

(E) The sponsor of a temporary licensee shall have an	13874
affirmative duty to supervise the conduct of each temporary	13875
mortgage loan originator in the same manner as is required of its	13876
other licensees. If the temporary licensee's employment or	13877
association with the sponsor is terminated, the sponsor shall	13878
notify the division of financial institutions of the termination	13879
through the nationwide mortgage licensing system and registry.	13880
Upon the division's receipt of the notice, the sponsor shall no	13881
longer be held responsible for the conduct of the temporary	13882
licensee.	13883

(F) The superintendent may, in accordance with Chapter 119.	13884
of the Revised Code, adopt rules necessary for the implementation	13885
and operation of this section.	13886

Sec. 1321.538. If the "Secure and Fair Enforcement for	13887
Mortgage Licensing Act of 2008," 122 Stat. 2810, 12 U.S.C. 5101,	13888
as amended, is modified after the effective date of this section,	13889
or any regulation, statement, or position is adopted under that	13890
act, to permit states to issue a temporary mortgage loan	13891
originator license to a registered mortgage loan originator, the	13892
superintendent shall, in accordance with section 111.15 of the	13893
Revised Code, adopt rules the superintendent considers necessary	13894
and appropriate to issue a temporary license to a registered	13895
mortgage loan originator.	13896

Sec. 1322.02. (A)(1) No person, on the person's own behalf	13897
or on behalf of any other person, shall act as a mortgage broker	13898
without first having obtained a certificate of registration from	13899
the superintendent of financial institutions for every office to	13900
be maintained by the person for the transaction of business as a	13901
mortgage broker in this state. A registrant shall maintain an	13902
office location in this state for the transaction of business as a	13903
mortgage broker in this state.	13904

(2) No person shall act or hold that person's self out as a	13905
mortgage broker under the authority or name of a registrant or	13906
person exempt from sections 1322.01 to 1322.12 of the Revised Code	13907
without first having obtained a certificate of registration from	13908
the superintendent for every office to be maintained by the person	13909
for the transaction of business as a mortgage broker in this	13910
state.	13911

(B)(1) No individual shall act as a loan originator without	13912
first having obtained a license from the superintendent. A loan	13913
originator shall be employed by or associated with a mortgage	13914
broker or any person or entity listed in division (G)(2) of	13915
section 1322.01 of the Revised Code, but shall not be employed by	13916
or associated with more than one mortgage broker or person or	13917
entity at any one time.	13918

(2) An individual acting under the individual's authority as	13919
a registered loan originator shall not be required to be licensed	13920
under division (B)(1) of this section.	13921

(3) An individual who holds a valid temporary loan originator	13922
license issued pursuant to section 1322.042 of the Revised Code	13923
may engage in the business of a loan originator in accordance with	13924
sections 1322.01 to 1322.12 of the Revised Code during the term of	13925
the temporary license.	13926

(C)(1) No person acting as a mortgage broker or loan	13927
originator shall fail to register with, and maintain a valid	13928
unique identifier issued by, the nationwide mortgage licensing	13929
system and registry.	13930

(2) No person shall use a mortgage broker's or loan	13931
originator's unique identifier for any purpose other than as set	13932
forth in the "Secure and Fair Enforcement for Mortgage Licensing	13933
Act of 2008," 122 Stat. 2810, 12 U.S.C. 5101.	13934

Sec. 1322.03. (A) An application for a certificate of	13935
registration as a mortgage broker shall be in writing, under oath,	13936
and in the form prescribed by the superintendent of financial	13937
institutions. The application shall be accompanied by a	13938
nonrefundable application fee of five hundred dollars for each	13939
location of an office to be maintained by the applicant in	13940
accordance with division (A) of section 1322.02 of the Revised	13941
Code and any additional fee required by the nationwide mortgage	13942
licensing system and registry. The application shall provide all	13943
of the following:	13944

(1) The location or locations where the business is to be	13945
transacted and whether any location is a residence. If any	13946
location where the business is to be transacted is a residence,	13947
the superintendent may require that the application be accompanied	13948
by a copy of a zoning permit authorizing the use of the residence	13949
for commercial purposes, or by a written opinion or other document	13950
issued by the county or political subdivision where the residence	13951
is located certifying that the use of the residence to transact	13952
business as a mortgage broker is not prohibited by the county or	13953
political subdivision.	13954

(2)(a) In the case of a sole proprietor, the name and address	13955
of the sole proprietor;	13956

(b) In the case of a partnership, the name and address of	13957
each partner;	13958

(c) In the case of a corporation, the name and address of	13959
each shareholder owning five per cent or more of the corporation;	13960

(d) In the case of any other entity, the name and address of	13961
any person that owns five per cent or more of the entity that will	13962
transact business as a mortgage broker.	13963

(3) Each applicant shall designate an employee or owner of	13964
the applicant as the applicant's operations manager. While acting	13965
as the operations manager, the employee or owner shall be licensed	13966
as a loan originator under sections 1322.01 to 1322.12 of the	13967
Revised Code and shall not be employed by any other mortgage	13968
broker.	13969

(4) Evidence that the person designated on the application	13970
pursuant to division (A)(3) of this section possesses at least	13971
three years of experience in the residential mortgage and lending	13972
field, which experience may include employment with or as a	13973
mortgage broker or with a depository institution, mortgage lending	13974
institution, or other lending institution, or possesses at least	13975
three years of other experience related specifically to the	13976
business of residential mortgage loans that the superintendent	13977
determines meets the requirements of division (A)(4) of this	13978
section;	13979

(5) Evidence that the person designated on the application	13980
pursuant to division (A)(3) of this section has successfully	13981
completed the pre-licensing instruction requirements set forth in	13982
section 1322.031 of the Revised Code;	13983

(6) Evidence of compliance with the surety bond requirements	13984
of section 1322.05 of the Revised Code and with sections 1322.01	13985
to 1322.12 of the Revised Code;	13986

(7) In the case of a foreign business entity, evidence that	13987
it maintains a license or registration pursuant to Chapter 1703.,	13988
1705., 1775., 1776., 1777., 1782., or 1783. of the Revised Code to	13989
transact business in this state;	13990

(8) Evidence that the applicant's operations manager has	13991
successfully completed the written test required under division	13992
(A) of section 1322.051 of the Revised Code;	13993

(9) Any further information that the superintendent requires.

13994

(B) Upon the filing of the application and payment of the	13995
nonrefundable application fee and any fee required by the	13996
nationwide mortgage licensing system and registry, the	13997
superintendent of financial institutions shall investigate the	13998
applicant, and any individual whose identity is required to be	13999
disclosed in the application, as set forth in division (B) of this	14000
section.	14001

(1)(a) Notwithstanding division (K) of section 121.08 of the	14002
Revised Code, the superintendent shall obtain a criminal history	14003
records check and, as part of that records check, request that	14004
criminal record information from the federal bureau of	14005
investigation be obtained. To fulfill this requirement, the	14006
superintendent shall do either of the following:	14007

(i) Request the superintendent of the bureau of criminal	14008
identification and investigation, or a vendor approved by the	14009
bureau, to conduct a criminal records check based on the	14010
applicant's fingerprints or, if the fingerprints are unreadable,	14011
based on the applicant's social security number, in accordance	14012
with ~~division (A)(12) of~~ section 109.572 of the Revised Code;	14013

(ii) Authorize the nationwide mortgage licensing system and	14014
registry to request a criminal history background check.	14015

(b) Any fee required under division (C)(3) of section 109.572	14016
of the Revised Code or by the nationwide mortgage licensing system	14017
and registry shall be paid by the applicant.	14018

(2) The superintendent shall conduct a civil records check.

14019

(3) If, in order to issue a certificate of registration to an	14020
applicant, additional investigation by the superintendent outside	14021
this state is necessary, the superintendent may require the	14022
applicant to advance sufficient funds to pay the actual expenses	14023
of the investigation, if it appears that these expenses will	14024
exceed five hundred dollars. The superintendent shall provide the	14025
applicant with an itemized statement of the actual expenses that	14026
the applicant is required to pay.	14027

(C) The superintendent shall pay all funds advanced and	14028
application and renewal fees and penalties the superintendent	14029
receives pursuant to this section and section 1322.04 of the	14030
Revised Code to the treasurer of state to the credit of the	14031
consumer finance fund created in section 1321.21 of the Revised	14032
Code.	14033

(D) If an application for a mortgage broker certificate of	14034
registration does not contain all of the information required	14035
under division (A) of this section, and if that information is not	14036
submitted to the superintendent or to the nationwide mortgage	14037
licensing system and registry within ninety days after the	14038
superintendent or the nationwide mortgage licensing system and	14039
registry requests the information in writing, including by	14040
electronic transmission or facsimile, the superintendent may	14041
consider the application withdrawn.	14042

(E) A mortgage broker certificate of registration and the	14043
authority granted under that certificate is not transferable or	14044
assignable and cannot be franchised by contract or any other	14045
means.	14046

(F) The registration requirements of this chapter apply to	14047
any person acting as a mortgage broker, and no person is exempt	14048
from the requirements of this chapter on the basis of prior work	14049
or employment as a mortgage broker.	14050

(G) The superintendent may establish relationships or enter	14051
into contracts with the nationwide mortgage licensing system and	14052
registry, or any entities designated by it, to collect and	14053
maintain records and process transaction fees or other fees	14054
related to mortgage broker certificates of registration or the	14055
persons associated with a mortgage broker.	14056

Sec. 1322.031. (A) An application for a license as a loan	14057
originator shall be in writing, under oath, and in the form	14058
prescribed by the superintendent of financial institutions. The	14059
application shall be accompanied by a nonrefundable application	14060
fee of one hundred fifty dollars and any additional fee required	14061
by the nationwide mortgage licensing system and registry.	14062

(B)(1) The application shall provide evidence, acceptable to	14063
the superintendent, that the applicant has successfully completed	14064
at least twenty-four hours of pre-licensing instruction consisting	14065
of all of the following:	14066

(a) Twenty hours of instruction in a course or program of	14067
study reviewed and approved by the nationwide mortgage licensing	14068
system and registry;	14069

(b) Four hours of instruction in a course or program of study	14070
reviewed and approved by the superintendent concerning state	14071
lending laws and the Ohio consumer sales practices act, Chapter	14072
1345. of the Revised Code, as it applies to registrants and	14073
licensees.	14074

(2) Notwithstanding division (B)(1) of this section, until	14075
the nationwide mortgage licensing system and registry implements a	14076
review and approval program, the application shall provide	14077
evidence, as determined by the superintendent, that the applicant	14078
has successfully completed at least twenty-four hours of	14079
instruction in a course or program of study approved by the	14080
superintendent that consists of at least all of the following:	14081

(a) Four hours of instruction concerning state and federal	14082
mortgage lending laws, which shall include no less than two hours	14083
on this chapter;	14084

(b) Four hours of instruction concerning the Ohio consumer	14085
sales practices act, Chapter 1345. of the Revised Code, as it	14086
applies to registrants and licensees;	14087

(c) Four hours of instruction concerning the loan application	14088
process;	14089

(d) Two hours of instruction concerning the underwriting	14090
process;	14091

(e) Two hours of instruction concerning the secondary market	14092
for mortgage loans;	14093

(f) Four hours of instruction concerning the loan closing	14094
process;	14095

(g) Two hours of instruction covering basic mortgage	14096
financing concepts and terms;	14097

(h) Two hours of instruction concerning the ethical	14098
responsibilities of a registrant and a licensee, including with	14099
respect to confidentiality, consumer counseling, and the duties	14100
and standards of care created in section 1322.081 of the Revised	14101
Code.	14102

(3) For purposes of division (B)(1)(a) of this section, the	14103
review and approval of a course or program of study includes the	14104
review and approval of the provider of the course or program of	14105
study.	14106

(4) If an applicant held a valid loan originator license	14107
issued by this state at any time during the immediately preceding	14108
five-year period, the applicant shall not be required to complete	14109
any additional pre-licensing instruction. For this purpose, any	14110
time during which the individual is a registered loan originator	14111
shall not be taken into account.	14112

(5) A person having successfully completed the pre-licensing	14113
education requirement reviewed and approved by the nationwide	14114
mortgage licensing system and registry for any state within the	14115
previous five years shall be granted credit toward completion of	14116
the pre-licensing education requirement of this state.	14117

(C) In addition to the information required under division	14118
(B) of this section, the application shall provide both of the	14119
following:	14120

(1) Evidence that the applicant passed a written test that	14121
meets the requirements described in division (B) of section	14122
1322.051 of the Revised Code;	14123

(2) Any further information that the superintendent requires.

14124

(D) Upon the filing of the application and payment of the	14125
application fee and any fee required by the nationwide mortgage	14126
licensing system and registry, the superintendent of financial	14127
institutions shall investigate the applicant as set forth in	14128
division (D) of this section.	14129

(1)(a) Notwithstanding division (K) of section 121.08 of the	14130
Revised Code, the superintendent shall obtain a criminal history	14131
records check and, as part of the records check, request that	14132
criminal record information from the federal bureau of	14133
investigation be obtained. To fulfill this requirement, the	14134
superintendent shall do either of the following:	14135

(i) Request the superintendent of the bureau of criminal	14136
identification and investigation, or a vendor approved by the	14137
bureau, to conduct a criminal records check based on the	14138
applicant's fingerprints or, if the fingerprints are unreadable,	14139
based on the applicant's social security number, in accordance	14140
with ~~division (A)(12) of~~ section 109.572 of the Revised Code;	14141

(ii) Authorize the nationwide mortgage licensing system and	14142
registry to request a criminal history background check.	14143

(b) Any fee required under division (C)(3) of section 109.572	14144
of the Revised Code or by the nationwide mortgage licensing system	14145
and registry shall be paid by the applicant.	14146

(2) The superintendent shall conduct a civil records check.

14147

(3) If, in order to issue a license to an applicant,	14148
additional investigation by the superintendent outside this state	14149
is necessary, the superintendent may require the applicant to	14150
advance sufficient funds to pay the actual expenses of the	14151
investigation, if it appears that these expenses will exceed one	14152
hundred fifty dollars. The superintendent shall provide the	14153
applicant with an itemized statement of the actual expenses that	14154
the applicant is required to pay.	14155

(E)(1) In connection with applying for a loan originator	14156
license, the applicant shall furnish to the nationwide mortgage	14157
licensing system and registry the following information concerning	14158
the applicant's identity:	14159

(a) The applicant's fingerprints for submission to the	14160
federal bureau of investigation, and any other governmental agency	14161
or entity authorized to receive such information, for purposes of	14162
a state, national, and international criminal history background	14163
check;	14164

(b) Personal history and experience in a form prescribed by	14165
the nationwide mortgage licensing system and registry, along with	14166
authorization for the superintendent and the nationwide mortgage	14167
licensing system and registry to obtain the following:	14168

(i) An independent credit report from a consumer reporting	14169
agency;	14170

(ii) Information related to any administrative, civil, or	14171
criminal findings by any governmental jurisdiction.	14172

(2) In order to effectuate the purposes of divisions	14173
(E)(1)(a) and (E)(1)(b)(ii) of this section, the superintendent	14174
may use the conference of state bank supervisors, or a wholly	14175
owned subsidiary, as a channeling agent for requesting information	14176
from and distributing information to the United States department	14177
of justice or any other governmental agency. The superintendent	14178
may also use the nationwide mortgage licensing system and registry	14179
as a channeling agent for requesting information from and	14180
distributing information to any source related to matters subject	14181
to those divisions of this section.	14182

(F) The superintendent shall pay all funds advanced and	14183
application and renewal fees and penalties the superintendent	14184
receives pursuant to this section and section 1322.041 of the	14185
Revised Code to the treasurer of state to the credit of the	14186
consumer finance fund created in section 1321.21 of the Revised	14187
Code.	14188

(G) If an application for a loan originator license does not	14189
contain all of the information required under this section, and if	14190
that information is not submitted to the superintendent or to the	14191
nationwide mortgage licensing system and registry within ninety	14192
days after the superintendent or the nationwide mortgage licensing	14193
system and registry requests the information in writing, including	14194
by electronic transmission or facsimile, the superintendent may	14195
consider the application withdrawn.	14196

(H)(1) The business of a loan originator shall principally be	14197
transacted at an office of the mortgage broker with whom the	14198
licensee is employed or associated, which office is registered in	14199
accordance with division (A) of section 1322.02 of the Revised	14200
Code. Each original loan originator license shall be deposited	14201
with and maintained by the mortgage broker at the mortgage	14202
broker's main office. A copy of the license shall be maintained	14203
and displayed at the office where the loan originator principally	14204
transacts business.	14205

(2) If a loan originator's employment or association is	14206
terminated for any reason, the mortgage broker shall return the	14207
original loan originator license to the superintendent within five	14208
business days after the termination. The licensee may request the	14209
transfer of the license to another mortgage broker by submitting a	14210
transfer application, along with a fifteen dollar fee and any fee	14211
required by the national mortgage licensing system and registry,	14212
to the superintendent or may request the superintendent in writing	14213
to hold the license in escrow. Any licensee whose license is held	14214
in escrow shall cease activity as a loan originator. A licensee	14215
whose license is held in escrow shall be required to apply for	14216
renewal annually and to comply with the annual continuing	14217
education requirement.	14218

(3) A mortgage broker may employ or be associated with a loan	14219
originator on a temporary basis pending the transfer of the loan	14220
originator's license to the mortgage broker, if the mortgage	14221
broker receives written confirmation from the superintendent that	14222
the loan originator is licensed under sections 1322.01 to 1322.12	14223
of the Revised Code.	14224

(4) Notwithstanding divisions (H)(1) to (3) of this section,	14225
if a licensee is employed by or associated with a person or entity	14226
listed in division (G)(2) of section 1322.01 of the Revised Code,	14227
all of the following apply:	14228

(a) The licensee shall maintain and display the original loan	14229
originator license at the office where the licensee principally	14230
transacts business;	14231

(b) If the loan originator's employment or association is	14232
terminated, the loan originator shall return the original loan	14233
originator license to the superintendent within five business days	14234
after termination. The licensee may request the transfer of the	14235
license to a mortgage broker or another person or entity listed in	14236
division (G)(2) of section 1322.01 of the Revised Code by	14237
submitting a transfer application, along with a fifteen-dollar fee	14238
and any fee required by the national mortgage licensing system and	14239
registry, to the superintendent or may request the superintendent	14240
in writing to hold the license in escrow. A licensee whose license	14241
is held in escrow shall cease activity as a loan originator. A	14242
licensee whose license is held in escrow shall be required to	14243
apply for renewal annually and to comply with the annual	14244
continuing education requirement.	14245

(c) The licensee may seek to be employed or associated with a	14246
mortgage broker or person or entity listed in division (G)(2) of	14247
section 1322.01 of the Revised Code if the mortgage broker or	14248
person or entity receives written confirmation from the	14249
superintendent that the loan originator is licensed under sections	14250
1322.01 to 1322.12 of the Revised Code.	14251

(I) The superintendent may establish relationships or enter	14252
into contracts with the nationwide mortgage licensing system and	14253
registry, or any entities designated by it, to collect and	14254
maintain records and process transaction fees or other fees	14255
related to loan originator licenses or the persons associated with	14256
a licensee.	14257

(J) A loan originator license, or the authority granted under	14258
that license, is not assignable and cannot be franchised by	14259
contract or any other means.	14260

Sec. 1322.042. (A) As used in this section:

14261

(1) "Out-of-state loan originator" means an individual to	14262
whom both of the following apply:	14263

(a) The individual holds a valid loan originator license, or	14264
comparable authority, issued pursuant to the law of any other	14265
state of the United States.	14266

(b) The individual is registered, fingerprinted, and	14267
maintains a unique identifier through the nationwide mortgage	14268
licensing system and registry.	14269

(2) "Sponsor" means a registrant or entity described in	14270
division (G)(2) of section 1322.01 of the Revised Code that	14271
employs or is associated with an applicant for a temporary loan	14272
originator license and, during the term of the applicant's	14273
temporary license, covers the applicant under its corporate surety	14274
bond or requires the applicant to obtain and maintain a corporate	14275
surety bond.	14276

(B) The superintendent of financial institutions may, in	14277
accordance with this section, issue to an out-of-state loan	14278
originator a temporary loan originator license that enables the	14279
licensee to engage in the business of a loan originator while the	14280
individual completes the requirements necessary to meet the	14281
conditions set forth in section 1322.041 of the Revised Code for a	14282
loan originator license. A temporary loan originator license shall	14283
be valid for a term of not more than one hundred twenty days from	14284
the date of issuance. A temporary loan originator license may not	14285
be renewed.	14286

(C) An application for a temporary loan originator license	14287
shall be in writing, under oath, and in a form that meets the	14288
requirements of the nationwide mortgage licensing system and	14289
registry. The application shall be accompanied by a nonrefundable	14290
application fee, the amount of which shall be determined by the	14291
superintendent in rule, and a certification that, as of the date	14292
of application, the applicant meets the following conditions:	14293

(1) The applicant has at least two years of experience in the	14294
field of residential mortgage lending in the five years	14295
immediately preceding the date of application for the temporary	14296
loan originator license.	14297

(2) The applicant has not previously applied for a temporary	14298
loan originator license in this state.	14299

(3) The applicant has not had a loan originator license, or	14300
comparable authority, revoked in any governmental jurisdiction.	14301
For purposes of division (C)(3) of this section, a subsequent	14302
formal vacation of such a revocation shall not be considered a	14303
revocation.	14304

(4) The applicant has not been convicted of, or pleaded	14305
guilty or nolo contendere to, any of the following in a domestic,	14306
foreign, or military court:	14307

(a) During the seven-year period immediately preceding the	14308
date of application, a misdemeanor involving theft or any felony;	14309

(b) At any time prior to the date of application, a felony	14310
involving an act of fraud, dishonesty, a breach of trust, theft,	14311
or money laundering.	14312

For purposes of division (C)(4) of this section, any	14313
conviction for which the applicant has received a pardon shall not	14314
be considered a conviction.	14315

(D) The superintendent shall issue a temporary loan	14316
originator license to the applicant if the superintendent finds	14317
that all of the following conditions are met:	14318

(1) The application is accompanied by the application fee and	14319
the certification described in division (C) of this section.	14320

(2) The applicant is registered, fingerprinted, and has a	14321
valid unique identifier through the nationwide mortgage licensing	14322
system and registry as of the date of application.	14323

(3) The applicant has authorized the nationwide mortgage	14324
licensing system and registry to obtain a credit report for	14325
submission to the superintendent.	14326

(4) The applicant has a sponsor that certifies employment of,	14327
or association with, the applicant and has signed the application.	14328

(E) The sponsor of a temporary licensee shall have an	14329
affirmative duty to supervise the conduct of each temporary loan	14330
originator in the same manner as is required of its other	14331
licensees. If the temporary licensee's employment or association	14332
with the sponsor is terminated, the sponsor shall notify the	14333
division of financial institutions of the termination through the	14334
nationwide mortgage licensing system and registry. Upon the	14335
division's receipt of the notice, the sponsor shall no longer be	14336
held responsible for the conduct of the temporary licensee.	14337

(F) The superintendent may, in accordance with Chapter 119.	14338
of the Revised Code, adopt rules necessary for the implementation	14339
and operation of this section.	14340

Sec. 1322.043. If the "Secure and Fair Enforcement for	14341
Mortgage Licensing Act of 2008," 122 Stat. 2810, 12 U.S.C. 5101,	14342
as amended, is modified after the effective date of this section,	14343
or any regulation, statement, or position is adopted under that	14344
act, to permit states to issue a temporary loan originator license	14345
to a registered loan originator, the superintendent shall, in	14346
accordance with section 111.15 of the Revised Code, adopt rules	14347
the superintendent considers necessary and appropriate to issue a	14348
temporary license to a registered loan originator.	14349

Sec. 1345.05. (A) The attorney general shall:

14350

(1) Adopt, amend, and repeal procedural rules;

14351

(2) Adopt as a rule a description of the organization of the	14352
attorney general's office, stating the general courses and methods	14353
of operation of the section of the office of the attorney general,	14354
which is to administer Chapter 1345. of the Revised Code and	14355
methods whereby the public may obtain information or make	14356
submissions or requests, including a description of all forms and	14357
instructions used by that office;	14358

(3) Make available for public inspection all rules and all	14359
other written statements of policy or interpretations adopted or	14360
used by the attorney general in the discharge of the attorney	14361
general's functions, together with all judgments, including	14362
supporting opinions, by courts of this state that determine the	14363
rights of the parties and concerning which appellate remedies have	14364
been exhausted, or lost by the expiration of the time for appeal,	14365
determining that specific acts or practices violate section	14366
1345.02, 1345.03, or 1345.031 of the Revised Code;	14367

(4) Inform consumers and suppliers on a continuing basis of	14368
acts or practices that violate Chapter 1345. of the Revised Code	14369
by, among other things, publishing an informational document	14370
describing acts and practices in connection with residential	14371
mortgages that are unfair, deceptive, or unconscionable, and by	14372
making that information available on the attorney general's	14373
official web site;	14374

(5) Cooperate with state and local officials, officials of	14375
other states, and officials of the federal government in the	14376
administration of comparable statutes;	14377

(6) Report annually on or before the ~~first~~thirty-first day	14378
of January to the governor and the general assembly on the	14379
operations of the attorney general in respect to Chapter 1345. of	14380
the Revised Code, and on the acts or practices occurring in this	14381
state that violate such chapter. The report shall include a	14382
statement of investigatory and enforcement procedures and	14383
policies, of the number of investigations and enforcement	14384
proceedings instituted and of their disposition, and of other	14385
activities of the state and of other persons to promote the	14386
purposes of Chapter 1345. of the Revised Code.	14387

(7) In carrying out official duties, the attorney general	14388
shall not disclose publicly the identity of suppliers investigated	14389
or the facts developed in investigations unless these matters have	14390
become a matter of public record in enforcement proceedings, in	14391
public hearings conducted pursuant to division (B)(1) of this	14392
section, or the suppliers investigated have consented in writing	14393
to public disclosure.	14394

(B) The attorney general may:

14395

(1) Conduct research, make inquiries, hold public hearings,	14396
and publish studies relating to consumer transactions;	14397

(2) Adopt, amend, and repeal substantive rules defining with	14398
reasonable specificity acts or practices that violate sections	14399
1345.02, 1345.03, and 1345.031 of the Revised Code. In adopting,	14400
amending, or repealing substantive rules defining acts or	14401
practices that violate section 1345.02 of the Revised Code, due	14402
consideration and great weight shall be given to federal trade	14403
commission orders, trade regulation rules and guides, and the	14404
federal courts' interpretations of subsection 45(a)(1) of the	14405
"Federal Trade Commission Act," 38 Stat. 717 (1914), 15 U.S.C.A.	14406
41, as amended.	14407

In adopting, amending, or repealing such rules concerning a	14408
consumer transaction in connection with a residential mortgage,	14409
the attorney general shall consult with the superintendent of	14410
financial institutions and shall give due consideration to state	14411
and federal statutes, regulations, administrative agency	14412
interpretations, and case law.	14413

(C) In the conduct of public hearings authorized by this	14414
section, the attorney general may administer oaths, subpoena	14415
witnesses, adduce evidence, and require the production of relevant	14416
material. Upon failure of a person without lawful excuse to obey a	14417
subpoena or to produce relevant matter, the attorney general may	14418
apply to a court of common pleas for an order compelling	14419
compliance.	14420

(D) The attorney general may request that an individual who	14421
refuses to testify or to produce relevant material on the ground	14422
that the testimony or matter may incriminate the individual be	14423
ordered by the court to provide the testimony or matter. With the	14424
exception of a prosecution for perjury and an action for damages	14425
under section 1345.07 or 1345.09 of the Revised Code, an	14426
individual who complies with a court order to provide testimony or	14427
matter, after asserting a privilege against self incrimination to	14428
which the individual is entitled by law, shall not be subjected to	14429
a criminal proceeding on the basis of the testimony or matter	14430
discovered through that testimony or matter.	14431

(E) Any person may petition the attorney general requesting	14432
the adoption, amendment, or repeal of a rule. The attorney general	14433
shall prescribe by rule the form for such petitions and the	14434
procedure for their submission, consideration, and disposition.	14435
Within sixty days of submission of a petition, the attorney	14436
general shall either deny the petition in writing, stating the	14437
reasons for the denial, or initiate rule-making proceedings. There	14438
is no right to appeal from such denial of a petition.	14439

(F) All rules shall be adopted subject to Chapter 119. of the	14440
Revised Code.	14441

(G) The informational document published in accordance with	14442
division (A)(4) of this section shall be made available for	14443
distribution to consumers who are applying for a mortgage loan. An	14444
acknowledgement of receipt shall be retained by the lender,	14445
mortgage broker, and loan officer, as applicable, subject to	14446
review by the attorney general and the department of commerce.	14447

Sec. 1501.04. There is hereby created in the department of	14448
natural resources a recreation and resources commission composed	14449
of the chairperson of the wildlife council created under section	14450
1531.03 of the Revised Code, the chairperson of the parks and	14451
recreation council created under section 1541.40 of the Revised	14452
Code, the chairperson of the waterways safety council created	14453
under section 1547.73 of the Revised Code, the chairperson of the	14454
technical advisory council on oil and gas created under section	14455
1509.38 of the Revised Code, the chairperson of the forestry	14456
advisory council created under section 1503.40 of the Revised	14457
Code, the chairperson of the Ohio soil and water conservation	14458
commission created under section 1515.02 of the Revised Code, the	14459
chairperson of the Ohio natural areas council created under	14460
section 1517.03 of the Revised Code, the chairperson of the Ohio	14461
water advisory council created under section 1521.031 of the	14462
Revised Code, ~~the chairperson of the recycling and litter~~	14463
~~prevention advisory council created under section 1502.04 of the~~	14464
~~Revised Code,~~ the chairperson of the Ohio geology advisory council	14465
created under section 1505.11 of the Revised Code, and five	14466
members appointed by the governor with the advice and consent of	14467
the senate, not more than three of whom shall belong to the same	14468
political party. The director of natural resources shall be an ex	14469
officio member of the commission, with a voice in its	14470
deliberations, but without the power to vote.	14471

Terms of office of members of the commission appointed by the	14472
governor shall be for five years, commencing on the second day of	14473
February and ending on the first day of February. Each member	14474
shall hold office from the date of appointment until the end of	14475
the term for which the member was appointed.	14476

In the event of the death, removal, resignation, or	14477
incapacity of a member of the commission, the governor, with the	14478
advice and consent of the senate, shall appoint a successor who	14479
shall hold office for the remainder of the term for which the	14480
member's predecessor was appointed. Any member shall continue in	14481
office subsequent to the expiration date of the member's term	14482
until the member's successor takes office, or until a period of	14483
sixty days has elapsed, whichever occurs first.	14484

The governor may remove any appointed member of the	14485
commission for misfeasance, nonfeasance, or malfeasance in office.	14486

The commission shall exercise no administrative function, but	14487
may do any of the following:	14488

(A) Advise with and recommend to the director as to plans and	14489
programs for the management, development, utilization, and	14490
conservation of the natural resources of the state;	14491

(B) Advise with and recommend to the director as to methods	14492
of coordinating the work of the divisions of the department;	14493

(C) Consider and make recommendations upon any matter that	14494
the director may submit to it;	14495

(D) Submit to the governor biennially recommendations for	14496
amendments to the conservation laws of the state.	14497

Each member of the commission, before entering upon the	14498
discharge of the member's duties, shall take and subscribe to an	14499
oath of office, which oath, in writing, shall be filed in the	14500
office of the secretary of state.	14501

The members of the commission shall serve without	14502
compensation, but shall be entitled to receive their actual and	14503
necessary expenses incurred in the performance of their official	14504
duties.	14505

The commission, by a majority vote of all its members, shall	14506
adopt and amend bylaws.	14507

To be eligible for appointment, a person shall be a citizen	14508
of the United States and an elector of the state and shall possess	14509
a knowledge of and have an interest in the natural resources of	14510
this state.	14511

The commission shall hold at least four regular quarterly	14512
meetings each year. Special meetings shall be held at such times	14513
as the bylaws of the commission provide. Notices of all meetings	14514
shall be given in such manner as the bylaws provide. The	14515
commission shall choose annually from among its members a	14516
chairperson to preside over its meetings and a secretary to keep a	14517
record of its proceedings. A majority of the members of the	14518
commission constitutes a quorum. No advice shall be given or	14519
recommendation made without a majority of the members of the	14520
commission concurring in it.	14521

Sec. 1503.012. There is hereby created in the state treasury	14522
the forestry mineral royalties fund. The fund shall consist of	14523
money deposited into it under section 1509.73 of the Revised Code.	14524
Any investment proceeds earned on money in the fund shall be	14525
credited to the fund.	14526

Money in the fund shall be used by the division of forestry	14527
to acquire land and to pay capital costs, including equipment and	14528
repairs and renovations of facilities, that are owned by the state	14529
and administered by the division. Expenditures from the fund for	14530
those purposes shall be approved by the director of natural	14531
resources.	14532

The director of natural resources also may request the	14533
director of budget and management to transfer money from the	14534
forestry mineral royalties fund to the parks mineral royalties	14535
fund created in section 1541.26 of the Revised Code. The director	14536
of budget and management shall transfer the money pursuant to the	14537
request if the director consents to the request. Money that is	14538
transferred to the parks mineral royalties fund shall be used for	14539
the purposes specified in section 1541.26 of the Revised Code.	14540

Sec. 1503.43. (A) As used in this section:

14541

(1) "Wilderness area" means a contiguous area of relatively	14542
undeveloped state-owned land administered by the division of	14543
forestry and consisting of not less than five thousand acres or of	14544
sufficient size as to make practicable its preservation and use in	14545
an unimpaired condition that either has retained its natural	14546
character and influence or has been substantially restored to a	14547
near natural appearance and that meets both of the following	14548
qualifications:	14549

(a) The area is one in which humankind's past influences are	14550
largely unnoticed;	14551

(b) The area has outstanding opportunities for solitude or	14552
for a primitive and unconfined type of recreation.	14553

(2) "Utility facility" includes, without limitation, towers,	14554
poles, pipes, sewers, tubing, conduits, conductors, cables,	14555
valves, lines, wires, manholes, and appurtenances thereto owned by	14556
a utility facility operator.	14557

(3) "Utility facility operator" means a person or public	14558
authority that supplies any of the following materials or services	14559
by means of a utility facility:	14560

(a) Flammable, toxic, or corrosive gas;

14561

(b) Crude oil, petroleum products, or hazardous liquids;

14562

14563

(d) Electricity;

14564

(e) Electronic, telephonic, or telegraphic communications;

14565

(f) Television signals;

14566

(g) Sewage disposal or drainage;

14567

(h) Potable water;

14568

(i) Steam or hot water.

14569

(B) That portion of contiguous state lands located in Scioto	14570
and Adams counties and within the Shawnee state forest and bounded	14571
by forest road seventeen and sunshine ridge to the north, by upper	14572
Twin Creek road to the east and northeast, by United States route	14573
fifty-two to the south, and by lower Twin Creek road to the west	14574
and southwest is hereby designated the Shawnee wilderness area.	14575
Except as otherwise specifically provided by this section or by	14576
rule adopted under this chapter, the provisions of this chapter	14577
apply to the Shawnee wilderness area, and that area shall continue	14578
to be a part of the Shawnee state forest.	14579

(C) The Shawnee wilderness area shall be managed to preserve	14580
natural conditions and ensure the continuance of natural	14581
processes. The chief of the division of forestry, with the	14582
approval of the director of natural resources, shall administer	14583
the Shawnee wilderness area in accordance with a management plan,	14584
which the chief shall develop and adopt within one year after	14585
September 14, 1988. Sixty days prior to adopting a plan, the chief	14586
shall solicit public review and comment on a draft plan. At least	14587
once every ten years, the chief shall conduct a review of the	14588
plan, with public input, and revise the plan as appropriate. The	14589
chief shall make the plan available for review by any person upon	14590
request.	14591

(D) Notwithstanding any other authority granted to the chief	14592
under this chapter, the chief shall include within the management	14593
plan adopted under division (C) of this section prohibitions of	14594
the following activities within the Shawnee wilderness area except	14595
for the areas exempted in division (E) of this section:	14596

(1) Picking, removal, cutting, or alteration in any manner of	14597
any vegetation unless the person first has obtained written	14598
consent from the chief for that activity and the action is	14599
necessary for appropriate public access, the preservation or	14600
restoration of a plant or wildlife species, or the documentation	14601
of scientific values;	14602

(2) Granting of any easement or license, or sale or lease of	14603
any of the land, for any purpose. Division (D)(2) of this section	14604
does not apply to any private easement or license in existence on	14605
September 14, 1988.	14606

(3) Exploration for or extraction of any coal, oil, gas, or	14607
minerals;	14608

(4) Operation, construction, or installation of a utility	14609
facility above or below the surface of the land;	14610

(5) Operation of a commercial enterprise;

14611

(6) Except as provided in division (D)(7) of this section,	14612
construction of a road upon any of the land or use of the land as	14613
a road;	14614

(7) Except as is necessary to meet emergency requirements for	14615
administration of the area:	14616

(a) Landing of an aircraft;

14617

(b) Operation of a motor vehicle, motor boat, other form of	14618
mechanical transport, or motorized equipment;	14619

14620

(d) Use of the land as a temporary road.

14621

(E)(1) The following areas, which now are necessary for the	14622
administration of the Shawnee state forest and the state forest	14623
system, are not subject to the prohibitions of division (D) of	14624
this section:	14625

(a) The Buena Vista manager's residence;

14626

(b) The Buena Vista walnut seed orchard;

14627

~~(c) The Twin Creek fire tower~~.

14628

(2) The following areas, which now are necessary for the	14629
administration of the Shawnee state forest and the state forest	14630
system, are not subject to the prohibition established in division	14631
(D)(7)(b) of this section for the purpose of trail maintenance:	14632

(a) The hiking trail west of upper Twin Creek road known as	14633
the wilderness loop;	14634

(b) Buckhorn ridge bridle trail;

14635

14636

(3) At any time that the chief makes a determination that it	14637
is no longer necessary for the administration of the Shawnee state	14638
forest or the state forest system for an area excluded in division	14639
(E)(1) or (2) of this section to be excluded, the area shall	14640
become subject to the prohibitions ofestablished in division (D)	14641
of this section or the prohibition established in division	14642
(D)(7)(b) of this section, as applicable.	14643

(F) The chief, in developing a management plan under division	14644
(C) of this section, may not prohibit any hunting, fishing, or	14645
trapping that is done in conformity with Chapters 1531. and 1533.	14646
of the Revised Code or any rules adopted under those chapters.	14647

Sec. 1506.42. The state, acting through the director of	14648
natural resources, subject to section 1506.46 of the Revised Code,	14649
may enter into agreements with counties, townships, municipal	14650
corporations, park boards, and conservancy districts, other	14651
political subdivisions, or any state departments or divisions for	14652
the purpose of constructing and maintaining projects to control	14653
erosion along the Ohio shoreline of Lake Erie and in any rivers	14654
and bays that are connected with Lake Erie and any other	14655
watercourses that flow into Lake Erie. Such projects also may be	14656
constructed on any Lake Erie island that is situated within the	14657
boundaries of the state.	14658

The cost of such shore erosion projects that are for the	14659
benefit of public littoral property shall be prorated on the basis	14660
of two-thirds of the total cost to the state through	14661
appropriations made to the department of natural resources and	14662
one-third of the cost to the counties, townships, municipal	14663
corporations, park boards, conservancy districts, or other	14664
political subdivisions.	14665

If a shore erosion emergency is declared by the governor, the	14666
state, acting through the director, may spend whatever state funds	14667
are available to alleviate shore erosion, without participation by	14668
any political subdivision, regardless of whether the project will	14669
benefit public or private littoral property.	14670

A board of county commissioners, acting for the county over	14671
which it has jurisdiction, may enter into and carry out agreements	14672
with the director for the construction and maintenance of projects	14673
to control shore erosion. In providing the funds for the county's	14674
proportionate share of the cost of constructing and maintaining	14675
the projects referred to in this section, the board shall be	14676
governed by and may issue and refund bonds in accordance with	14677
Chapter 133. of the Revised Code.	14678

A municipal corporation or a township, acting through the	14679
legislative authority or the board of township trustees, may enter	14680
into and carry out agreements with the director for the purpose of	14681
constructing and maintaining projects to control shore erosion. In	14682
providing the funds for the municipal corporation's or township's	14683
proportionate share of the cost of constructing and maintaining	14684
the projects referred to in this section, a municipal corporation	14685
or township may issue and refund bonds in accordance with Chapter	14686
133. of the Revised Code. The contract shall be executed on behalf	14687
of the municipal corporation or township by the mayor, city	14688
manager, or other chief executive officer who has the authority to	14689
act for the municipal corporation or township.	14690

Conservancy districts may enter into and carry out agreements	14691
with the director, in accordance with the intent of this section,	14692
under the powers conferred upon conservancy districts under	14693
Chapter 6101. of the Revised Code.	14694

Park boards may enter into and carry out agreements with the	14695
director, in accordance with the intent of this section, and issue	14696
bonds for that purpose under the powers conferred upon park	14697
districts under Chapter 1545. of the Revised Code.	14698

The director shall approve and supervise all projects that	14699
are to be constructed in accordance with this section. The	14700
director shall not proceed with the construction of any project	14701
until all funds that are to be paid by the county, township,	14702
municipal corporation, park board, or conservancy district, in	14703
accordance with the terms of the agreement entered into between	14704
the director and the county, township, municipal corporation, park	14705
board, or conservancy district, are in the director's possession	14706
and deposited in the shore erosion fund, which is hereby created	14707
in the state treasury. If the director finds it to be in the best	14708
interests of the state to construct projects as set forth in this	14709
section by the state itself, without the financial contribution of	14710
counties, townships, municipal corporations, park boards, or	14711
conservancy districts, the director may construct the projects.	14712

In deciding whether to assist a county or municipal	14713
corporation in constructing and maintaining a project under this	14714
section, the state, acting through the director, shall consider,	14715
among other factors, whether the county or municipal corporation	14716
has adopted or is in the process of adopting a Lake Erie coastal	14717
erosion area resolution or ordinance under division (D) of section	14718
1506.07 of the Revised Code.	14719

All projects constructed by the state in conformity with	14720
sections 1506.38 to 1506.46 of the Revised Code shall be	14721
constructed subject to sections 153.01 to 153.20 of the Revised	14722
Code, except that the ~~state architect and engineer~~Ohio facilities	14723
construction commission is not required to prepare the plans and	14724
specifications for those projects.	14725

Sec. 1509.071. (A) When the chief of the division of oil and	14726
gas resources management finds that an owner has failed to comply	14727
with a final nonappealable order issued or compliance agreement	14728
entered into under section 1509.04, the restoration requirements	14729
of section 1509.072, plugging requirements of section 1509.12, or	14730
permit provisions of section 1509.13 of the Revised Code, or rules	14731
and orders relating thereto, the chief shall make a finding of	14732
that fact and declare any surety bond filed to ensure compliance	14733
with those sections and rules forfeited in the amount set by rule	14734
of the chief. The chief thereupon shall certify the total	14735
forfeiture to the attorney general, who shall proceed to collect	14736
the amount of the forfeiture. In addition, the chief may require	14737
an owner, operator, producer, or other person who forfeited a	14738
surety bond to post a new surety bond in the amount of fifteen	14739
thousand dollars for a single well, thirty thousand dollars for	14740
two wells, or fifty thousand dollars for three or more wells.	14741

In lieu of total forfeiture, the surety or owner, at the	14742
surety's or owner's option, may cause the well to be properly	14743
plugged and abandoned and the area properly restored or pay to the	14744
treasurer of state the cost of plugging and abandonment.	14745

(B) All moneys collected because of forfeitures of bonds as	14746
provided in this section shall be deposited in the state treasury	14747
to the credit of the oil and gas well fund created in section	14748
1509.02 of the Revised Code.	14749

The chief annually shall spend not less than fourteen per	14750
cent of the revenue credited to the fund during the previous	14751
fiscal year for the following purposes:	14752

(1) In accordance with division (D) of this section, to plug	14753
idle and orphaned wells or to restore the land surface properly as	14754
required in section 1509.072 of the Revised Code;	14755

(2) In accordance with division (E) of this section, to	14756
correct conditions that the chief reasonably has determined are	14757
causing imminent health or safety risks at an idle and orphaned	14758
well or a well for which the owner cannot be contacted in order to	14759
initiate a corrective action within a reasonable period of time as	14760
determined by the chief.	14761

Expenditures from the fund shall be made only for lawful	14762
purposes. In addition, expenditures from the fund shall not be	14763
made to purchase real property or to remove a dwelling in order to	14764
access a well.	14765

(C)(1) Upon determining that the owner of a well has failed	14766
to properly plug and abandon it or to properly restore the land	14767
surface at the well site in compliance with the applicable	14768
requirements of this chapter and applicable rules adopted and	14769
orders issued under it or that a well is an abandoned well for	14770
which no funds are available to plug the well in accordance with	14771
this chapter, the chief shall do all of the following:	14772

(a) Determine from the records in the office of the county	14773
recorder of the county in which the well is located the identity	14774
of the owner of the land on which the well is located, the	14775
identity of the owner of the oil or gas lease under which the well	14776
was drilled or the identity of each person owning an interest in	14777
the lease, and the identities of the persons having legal title	14778
to, or a lien upon, any of the equipment appurtenant to the well;	14779

(b) Mail notice to the owner of the land on which the well is	14780
located informing the landowner that the well is to be plugged. If	14781
the owner of the oil or gas lease under which the well was drilled	14782
is different from the owner of the well or if any persons other	14783
than the owner of the well own interests in the lease, the chief	14784
also shall mail notice that the well is to be plugged to the owner	14785
of the lease or to each person owning an interest in the lease, as	14786
appropriate.	14787

(c) Mail notice to each person having legal title to, or a	14788
lien upon, any equipment appurtenant to the well, informing the	14789
person that the well is to be plugged and offering the person the	14790
opportunity to plug the well and restore the land surface at the	14791
well site at the person's own expense in order to avoid forfeiture	14792
of the equipment to this state.	14793

(2) If none of the persons described in division (C)(1)(c) of	14794
this section plugs the well within sixty days after the mailing of	14795
the notice required by that division, all equipment appurtenant to	14796
the well is hereby declared to be forfeited to this state without	14797
compensation and without the necessity for any action by the state	14798
for use to defray the cost of plugging and abandoning the well and	14799
restoring the land surface at the well site.	14800

(D) Expenditures from the fund for the purpose of division	14801
(B)(1) of this section shall be made in accordance with either of	14802
the following:	14803

(1) The expenditures may be made pursuant to contracts	14804
entered into by the chief with persons who agree to furnish all of	14805
the materials, equipment, work, and labor as specified and	14806
provided in such a contract for activities associated with the	14807
restoration or plugging of a well as determined by the chief. The	14808
activities may include excavation to uncover a well, geophysical	14809
methods to locate a buried well when clear evidence of leakage	14810
from the well exists, cleanout of wellbores to remove material	14811
from a failed plugging of a well, plugging operations,	14812
installation of vault and vent systems, including associated	14813
engineering certifications and permits, restoration of property,	14814
and repair of damage to property that is caused by such	14815
activities. Expenditures shall not be used for salaries,	14816
maintenance, equipment, or other administrative purposes, except	14817
for costs directly attributed to the plugging of an idle and	14818
orphaned well. Agents or employees of persons contracting with the	14819
chief for a restoration or plugging project may enter upon any	14820
land, public or private, on which the well is located for the	14821
purpose of performing the work. Prior to such entry, the chief	14822
shall give to the following persons written notice of the	14823
existence of a contract for a project to restore or plug a well,	14824
the names of the persons with whom the contract is made, and the	14825
date that the project will commence: the owner of the well, the	14826
owner of the land upon which the well is located, the owner or	14827
agents of adjoining land, and, if the well is located in the same	14828
township as or in a township adjacent to the excavations and	14829
workings of a mine and the owner or lessee of that mine has	14830
provided written notice identifying those townships to the chief	14831
at any time during the immediately preceding three years, the	14832
owner or lessee of the mine.	14833

(2)(a) The owner of the land on which a well is located who	14834
has received notice under division (C)(1)(b) of this section may	14835
plug the well and be reimbursed by the division of oil and gas	14836
resources management for the reasonable cost of plugging the well.	14837
In order to plug the well, the landowner shall submit an	14838
application to the chief on a form prescribed by the chief and	14839
approved by the technical advisory council on oil and gas created	14840
in section 1509.38 of the Revised Code. The application, at a	14841
minimum, shall require the landowner to provide the same	14842
information as is required to be included in the application for a	14843
permit to plug and abandon under section 1509.13 of the Revised	14844
Code. The application shall be accompanied by a copy of a proposed	14845
contract to plug the well prepared by a contractor regularly	14846
engaged in the business of plugging oil and gas wells. The	14847
proposed contract shall require the contractor to furnish all of	14848
the materials, equipment, work, and labor necessary to plug the	14849
well properly and shall specify the price for doing the work,	14850
including a credit for the equipment appurtenant to the well that	14851
was forfeited to the state through the operation of division	14852
(C)(2) of this section. Expenditures under division (D)(2)(a) of	14853
this section shall be consistent with the expenditures for	14854
activities described in division (D)(1) of this section. The	14855
application also shall be accompanied by the permit fee required	14856
by section 1509.13 of the Revised Code unless the chief, in the	14857
chief's discretion, waives payment of the permit fee. The	14858
application constitutes an application for a permit to plug and	14859
abandon the well for the purposes of section 1509.13 of the	14860
Revised Code.	14861

(b) Within thirty days after receiving an application and	14862
accompanying proposed contract under division (D)(2)(a) of this	14863
section, the chief shall determine whether the plugging would	14864
comply with the applicable requirements of this chapter and	14865
applicable rules adopted and orders issued under it and whether	14866
the cost of the plugging under the proposed contract is	14867
reasonable. If the chief determines that the proposed plugging	14868
would comply with those requirements and that the proposed cost of	14869
the plugging is reasonable, the chief shall notify the landowner	14870
of that determination and issue to the landowner a permit to plug	14871
and abandon the well under section 1509.13 of the Revised Code.	14872
Upon approval of the application and proposed contract, the chief	14873
shall transfer ownership of the equipment appurtenant to the well	14874
to the landowner. The chief may disapprove an application	14875
submitted under division (D)(2)(a) of this section if the chief	14876
determines that the proposed plugging would not comply with the	14877
applicable requirements of this chapter and applicable rules	14878
adopted and orders issued under it, that the cost of the plugging	14879
under the proposed contract is unreasonable, or that the proposed	14880
contract is not a bona fide, arm's length contract.	14881

(c) After receiving the chief's notice of the approval of the	14882
application and permit to plug and abandon a well under division	14883
(D)(2)(b) of this section, the landowner shall enter into the	14884
proposed contract to plug the well.	14885

(d) Upon determining that the plugging has been completed in	14886
compliance with the applicable requirements of this chapter and	14887
applicable rules adopted and orders issued under it, the chief	14888
shall reimburse the landowner for the cost of the plugging as set	14889
forth in the proposed contract approved by the chief. The	14890
reimbursement shall be paid from the oil and gas well fund. If the	14891
chief determines that the plugging was not completed in accordance	14892
with the applicable requirements, the chief shall not reimburse	14893
the landowner for the cost of the plugging, and the landowner or	14894
the contractor, as applicable, promptly shall transfer back to	14895
this state title to and possession of the equipment appurtenant to	14896
the well that previously was transferred to the landowner under	14897
division (D)(2)(b) of this section. If any such equipment was	14898
removed from the well during the plugging and sold, the landowner	14899
shall pay to the chief the proceeds from the sale of the	14900
equipment, and the chief promptly shall pay the moneys so received	14901
to the treasurer of state for deposit into the oil and gas well	14902
fund.	14903

The chief may establish an annual limit on the number of	14904
wells that may be plugged under division (D)(2) of this section or	14905
an annual limit on the expenditures to be made under that	14906
division.	14907

As used in division (D)(2) of this section, "plug" and	14908
"plugging" include the plugging of the well and the restoration of	14909
the land surface disturbed by the plugging.	14910

(E) Expenditures from the oil and gas well fund for the	14911
purpose of division (B)(2) of this section may be made pursuant to	14912
contracts entered into by the chief with persons who agree to	14913
furnish all of the materials, equipment, work, and labor as	14914
specified and provided in such a contract. The competitive bidding	14915
requirements of Chapter 153. of the Revised Code do not apply if	14916
the chief reasonably determines that an emergency situation exists	14917
requiring immediate action for the correction of the applicable	14918
health or safety risk ~~requires immediate action~~. A contract or	14919
purchase of materials for purposes of addressing the emergency	14920
situation is not subject to division (B) of section 127.16 of the	14921
Revised Code. The chief, designated representatives of the chief,	14922
and agents or employees of persons contracting with the chief	14923
under this division may enter upon any land, public or private,	14924
for the purpose of performing the work.	14925

(F) Contracts entered into by the chief under this section	14926
are not subject to ~~either~~any of the following:	14927

(1) Chapter 4115. of the Revised Code;

14928

(2) Section 153.54 of the Revised Code, except that the	14929
contractor shall obtain and provide to the chief as a bid guaranty	14930
a surety bond or letter of credit in an amount equal to ten per	14931
cent of the amount of the contract;	14932

(3) Section 4733.17 of the Revised Code.

14933

(G) The owner of land on which a well is located who has	14934
received notice under division (C)(1)(b) of this section, in lieu	14935
of plugging the well in accordance with division (D)(2) of this	14936
section, may cause ownership of the well to be transferred to an	14937
owner who is lawfully doing business in this state and who has met	14938
the financial responsibility requirements established under	14939
section 1509.07 of the Revised Code, subject to the approval of	14940
the chief. The transfer of ownership also shall be subject to the	14941
landowner's filing the appropriate forms required under section	14942
1509.31 of the Revised Code and providing to the chief sufficient	14943
information to demonstrate the landowner's or owner's right to	14944
produce a formation or formations. That information may include a	14945
deed, a lease, or other documentation of ownership or property	14946
rights.	14947

The chief shall approve or disapprove the transfer of	14948
ownership of the well. If the chief approves the transfer, the	14949
owner is responsible for operating the well in accordance with	14950
this chapter and rules adopted under it, including, without	14951
limitation, all of the following:	14952

(1) Filing an application with the chief under section	14953
1509.06 of the Revised Code if the owner intends to drill deeper	14954
or produce a formation that is not listed in the records of the	14955
division for that well;	14956

(2) Taking title to and possession of the equipment	14957
appurtenant to the well that has been identified by the chief as	14958
having been abandoned by the former owner;	14959

(3) Complying with all applicable requirements that are	14960
necessary to drill deeper, plug the well, or plug back the well.	14961

(H) The chief shall issue an order that requires the owner of	14962
a well to pay the actual documented costs of a corrective action	14963
that is described in division (B)(2) of this section concerning	14964
the well. The chief shall transmit the money so recovered to the	14965
treasurer of state who shall deposit the money in the state	14966
treasury to the credit of the oil and gas well fund.	14967

(I) The chief may engage in cooperative projects under this	14968
section with any agency of this state, another state, or the	14969
United States; any other governmental agencies; or any state	14970
university or college as defined in section 3345.27 of the Revised	14971
Code. A contract entered into for purposes of a cooperative	14972
project is not subject to division (B) of section 127.16 of the	14973
Revised Code.	14974

Sec. 1533.081. (A) As used in this section:

14975

(1) "Energy" has the same meaning as in section 1551.01 of	14976
the Revised Code.	14977

(2) "Energy facility" means a facility at which energy is	14978
produced.	14979

(B) A person operating an energy facility whose operation may	14980
result in the incidental taking of a wild animal shall obtain a	14981
permit to do so from the chief of the division of wildlife under	14982
this section. The chief shall adopt rules under section 1531.10 of	14983
the Revised Code that are necessary to administer this section.	14984

Sec. 1533.10. Except as provided in this section or division	14985
(A)(2) of section 1533.12 of the Revised Code, no person shall	14986
hunt any wild bird or wild quadruped without a hunting license.	14987
Each day that any person hunts within the state without procuring	14988
such a license constitutes a separate offense. Except as otherwise	14989
provided in this section, every applicant for a hunting license	14990
who is a resident of the state and eighteen years of age or more	14991
shall procure a resident hunting license or an apprentice resident	14992
hunting license, the fee for which shall be eighteen dollars	14993
unless the rules adopted under division (B) of section 1533.12 of	14994
the Revised Code provide for issuance of a resident hunting	14995
license to the applicant free of charge. Except as provided in	14996
rules adopted under division (B)(2) of that section, each	14997
applicant who is a resident of this state and who at the time of	14998
application is sixty-six years of age or older shall procure a	14999
special senior hunting license, the fee for which shall be	15000
one-half of the regular hunting license fee. Every applicant who	15001
is under the age of eighteen years shall procure a special youth	15002
hunting license or an apprentice youth hunting license, the fee	15003
for which shall be one-half of the regular hunting license fee.	15004

A resident of this state who owns lands in the state and the	15005
owner's children of any age and grandchildren under eighteen years	15006
of age may hunt on the lands without a hunting license. A resident	15007
of any other state who owns real property in this state, and the	15008
spouse and children living with the property owner, may hunt on	15009
that property without a license, provided that the state of	15010
residence of the real property owner allows residents of this	15011
state owning real property in that state, and the spouse and	15012
children living with the property owner, to hunt without a	15013
license. If the owner of land in this state is a limited liability	15014
company or a limited liability partnership that consists of three	15015
or fewer individual members or partners, as applicable, an	15016
individual member or partner who is a resident of this state and	15017
the member's or partner's children of any age and grandchildren	15018
under eighteen years of age may hunt on the land owned by the	15019
limited liability company or limited liability partnership without	15020
a hunting license. In addition, if the owner of land in this state	15021
is a trust that has a total of three or fewer trustees and	15022
beneficiaries, an individual who is a trustee or beneficiary and	15023
who is a resident of this state and the individual's children of	15024
any age and grandchildren under eighteen years of age may hunt on	15025
the land owned by the trust without a hunting license. The tenant	15026
and children of the tenant, residing on lands in the state, may	15027
hunt on them without a hunting license.	15028

Except as otherwise provided in division (A)(1) of section	15029
1533.12 of the Revised Code, every applicant for a hunting license	15030
who is a nonresident of the state and who is eighteen years of age	15031
or older shall procure a nonresident hunting license or an	15032
apprentice nonresident hunting license, the fee for which shall be	15033
one hundred twenty-four dollars unless the applicant is a resident	15034
of a state that is a party to an agreement under section 1533.91	15035
of the Revised Code, in which case the fee shall be eighteen	15036
dollars. Apprentice resident hunting licenses, apprentice youth	15037
hunting licenses, and apprentice nonresident hunting licenses are	15038
subject to the requirements established under section 1533.102 of	15039
the Revised Code and rules adopted pursuant to it.	15040

The chief of the division of wildlife may issue a small game	15041
hunting license expiring three days from the effective date of the	15042
license to a nonresident of the state, the fee for which shall be	15043
thirty-nine dollars. No person shall take or possess deer, wild	15044
turkeys, fur-bearing animals, ducks, geese, brant, or any nongame	15045
animal while possessing only a small game hunting license. A small	15046
game hunting license or an apprentice nonresident hunting license	15047
does not authorize the taking or possessing of ducks, geese, or	15048
brant without having obtained, in addition to the small game	15049
hunting license or the apprentice nonresident hunting license, a	15050
wetlands habitat stamp as provided in section 1533.112 of the	15051
Revised Code. A small game hunting license or an apprentice	15052
nonresident hunting license does not authorize the taking or	15053
possessing of deer, wild turkeys, or fur-bearing animals. A	15054
nonresident of the state who wishes to take or possess deer, wild	15055
turkeys, or fur-bearing animals in this state shall procure,	15056
respectively, a deer or wild turkey permit as provided in section	15057
1533.11 of the Revised Code or a fur taker permit as provided in	15058
section 1533.111 of the Revised Code in addition to a nonresident	15059
hunting license, an apprentice nonresident hunting license, a	15060
special youth hunting license, or an apprentice youth hunting	15061
license, as applicable, as provided in this section.	15062

No person shall procure or attempt to procure a hunting	15063
license by fraud, deceit, misrepresentation, or any false	15064
statement.	15065

This section does not authorize the taking and possessing of	15066
deer or wild turkeys without first having obtained, in addition to	15067
the hunting license required by this section, a deer or wild	15068
turkey permit as provided in section 1533.11 of the Revised Code	15069
or the taking and possessing of ducks, geese, or brant without	15070
first having obtained, in addition to the hunting license required	15071
by this section, a wetlands habitat stamp as provided in section	15072
1533.112 of the Revised Code.	15073

This section does not authorize the hunting or trapping of	15074
fur-bearing animals without first having obtained, in addition to	15075
a hunting license required by this section, a fur taker permit as	15076
provided in section 1533.111 of the Revised Code.	15077

No hunting license shall be issued unless it is accompanied	15078
by a written explanation of the law in section 1533.17 of the	15079
Revised Code and the penalty for its violation, including a	15080
description of terms of imprisonment and fines that may be	15081
imposed.	15082

No hunting license, other than an apprentice hunting license,	15083
shall be issued unless the applicant presents to the agent	15084
authorized to issue the license a previously held hunting license	15085
or evidence of having held such a license in content and manner	15086
approved by the chief, a certificate of completion issued upon	15087
completion of a hunter education and conservation course approved	15088
by the chief, or evidence of equivalent training in content and	15089
manner approved by the chief. A previously held apprentice hunting	15090
license does not satisfy the requirement concerning the	15091
presentation of a previously held hunting license or evidence of	15092
it.	15093

No person shall issue a hunting license, except an apprentice	15094
hunting license, to any person who fails to present the evidence	15095
required by this section. No person shall purchase or obtain a	15096
hunting license, other than an apprentice hunting license, without	15097
presenting to the issuing agent the evidence required by this	15098
section. Issuance of a hunting license in violation of the	15099
requirements of this section is an offense by both the purchaser	15100
of the illegally obtained hunting license and the clerk or agent	15101
who issued the hunting license. Any hunting license issued in	15102
violation of this section is void.	15103

The chief, with approval of the wildlife council, shall adopt	15104
rules prescribing a hunter education and conservation course for	15105
first-time hunting license buyers, other than buyers of apprentice	15106
hunting licenses, and for volunteer instructors. The course shall	15107
consist of subjects including, but not limited to, hunter safety	15108
and health, use of hunting implements, hunting tradition and	15109
ethics, the hunter and conservation, the law in section 1533.17 of	15110
the Revised Code along with the penalty for its violation,	15111
including a description of terms of imprisonment and fines that	15112
may be imposed, and other law relating to hunting. Authorized	15113
personnel of the division or volunteer instructors approved by the	15114
chief shall conduct such courses with such frequency and at such	15115
locations throughout the state as to reasonably meet the needs of	15116
license applicants. The chief shall issue a certificate of	15117
completion to each person who successfully completes the course	15118
and passes an examination prescribed by the chief.	15119

Sec. 1541.26. There is hereby created in the state treasury	15120
the parks mineral royalties fund. The fund shall consist of money	15121
deposited into it under section 1509.73 of the Revised Code and	15122
money transferred to it under section 1503.012 of the Revised	15123
Code. Any investment proceeds earned on money in the fund shall be	15124
credited to the fund.	15125

Money in the fund shall be used by the division of parks and	15126
recreation to acquire land and to pay capital costs, including	15127
equipment and repairs and renovations of facilities, that are	15128
owned by the state and administered by the division. Expenditures	15129
from the fund shall be approved by the director of natural	15130
resources.	15131

Sec. 1551.33. (A) The director of development shall appoint	15132
and fix the compensation of the director of the Ohio coal	15133
development office. The director shall serve at the pleasure of	15134
the director of development.	15135

(B) The director of the office shall do all of the following:

15136

(1) Biennially prepare and maintain the Ohio coal development	15137
agenda required under section 1551.34 of the Revised Code;	15138

(2) Propose and support policies for the office consistent	15139
with the Ohio coal development agenda and develop means to	15140
implement the agenda;	15141

(3) Initiate, undertake, and support projects to carry out	15142
the office's purposes and ensure that the projects are consistent	15143
with and meet the selection criteria established by the Ohio coal	15144
development agenda;	15145

(4) Actively encourage joint participation in and, when	15146
feasible, joint funding of the office's projects with governmental	15147
agencies, electric utilities, universities and colleges, other	15148
public or private interests, or any other person;	15149

(5) Establish a table of organization for and employ such	15150
employees and agents as are necessary for the administration and	15151
operation of the office. Any such employees shall be in the	15152
unclassified service and shall serve at the pleasure of the	15153
director of development.	15154

(6) Appoint specified members of and convene the technical	15155
advisory committee established under section 1551.35 of the	15156
Revised Code;	15157

(7) Review, with the assistance of the technical advisory	15158
committee, proposed coal research and development projects as	15159
defined in section 1555.01 of the Revised Code, and coal	15160
development projects, submitted to the office by public utilities	15161
for the purpose of section 4905.304 of the Revised Code. If the	15162
director and the advisory committee determine that any such	15163
facility or project has as its purpose the enhanced use of Ohio	15164
coal in an environmentally acceptable, cost effective manner,	15165
promotes energy conservation, is cost effective, and is	15166
environmentally sound, the director shall submit to the public	15167
utilities commission a report recommending that the commission	15168
allow the recovery of costs associated with the facility or	15169
project under section 4905.304 of the Revised Code and including	15170
the reasons for the recommendation.	15171

(8) Establish such policies, procedures, and guidelines as	15172
are necessary to achieve the office's purposes.	15173

(C) ~~The~~With the approval of the director of development, the	15174
director of the office may exercise any of the powers and duties	15175
that the director of ~~the office~~development considers appropriate	15176
or desirable to achieve the office's purposes, including, but not	15177
limited to, the powers and duties enumerated in sections 1551.11,	15178
1551.12, and 1551.15 of the Revised Code.	15179

Additionally, the director of the office may make loans to	15180
governmental agencies or persons for projects to carry out the	15181
office's purposes. Fees, charges, rates of interest, times of	15182
payment of interest and principal, and other terms, conditions,	15183
and provisions of the loans shall be such as the director of the	15184
office determines to be appropriate and in furtherance of the	15185
purposes for which the loans are made. The mortgage lien securing	15186
any moneys lent by the director of the office may be subordinate	15187
to the mortgage lien securing any moneys lent or invested by a	15188
financial institution, but shall be superior to that securing any	15189
moneys lent or expended by any other person. The moneys used in	15190
making the loans shall be disbursed upon order of the director of	15191
the office.	15192

Sec. 1555.02. It is hereby declared to be the public policy	15193
of this state through the operations of the Ohio coal development	15194
office under this chapter to contribute toward one or more of the	15195
following: to provide for the comfort, health, safety, and general	15196
welfare of all employees and other inhabitants of this state	15197
through research and development directed toward the discovery of	15198
new technologies or the demonstration or application of existing	15199
technologies to enable the conversion or use of Ohio coal as a	15200
fuel or chemical feedstock in an environmentally acceptable manner	15201
thereby enhancing the marketability and fostering the use of this	15202
state's vast reserves of coal, to assist in the financing of coal	15203
research and development and coal research and development	15204
projects or facilities for persons doing business in this state	15205
and educational and scientific institutions located in this state,	15206
to create or preserve jobs and employment opportunities or improve	15207
the economic welfare of the people of this state, or to assist and	15208
cooperate with such persons and educational and scientific	15209
institutions in conducting coal research and development. In	15210
furtherance of this public policy, the Ohio coal development	15211
office, with the advice of the technical advisory committee	15212
created in section 1551.35 of the Revised Code and the approval of	15213
the director of development, may make loans, guarantee loans, and	15214
make grants to persons doing business in this state or to	15215
educational or scientific institutions located in this state for	15216
coal research and development projects by such persons or	15217
educational or scientific institutions; may, with the advice of	15218
the technical advisory committee and the approval of the director	15219
of development, request the issuance of coal research and	15220
development general obligations under section 151.07 of the	15221
Revised Code to provide funds for making such loans, loan	15222
guarantees, and grants; and may, with the advice of the technical	15223
advisory committee and the approval of the director of	15224
development, expend moneys credited to the coal research and	15225
development fund created in section 1555.15 of the Revised Code	15226
for the purpose of making such loans, loan guarantees, and grants.	15227
Determinations by the director of the Ohio coal development office	15228
that coal research and development or a coal research and	15229
development facility is a coal research and development project	15230
under this chapter and is consistent with the purposes of Section	15231
15 of Article VIII, Ohio Constitution, and this chapter shall be	15232
conclusive as to the validity and enforceability of the coal	15233
research and development general obligations issued to finance	15234
such project and of the authorizations, trust agreements or	15235
indentures, loan agreements, loan guarantee agreements, or grant	15236
agreements, and other agreements made in connection therewith, all	15237
in accordance with their terms.	15238

Sec. 1555.03. For the purposes of this chapter, the director	15239
of the Ohio coal development office may:	15240

(A) With the advice of the technical advisory committee	15241
created in section 1551.35 of the Revised Code and the approval of	15242
the director of development, make loans, guarantee loans, and make	15243
grants to persons doing business in this state or to educational	15244
or scientific institutions located in this state for coal research	15245
and development projects by any such person or educational or	15246
scientific institution and adopt rules under Chapter 119. of the	15247
Revised Code for making such loans, guarantees, and grants.	15248

(B) In making loans, loan guarantees, and grants under	15249
division (A) of this section and section 1555.04 of the Revised	15250
Code, the director of the office shall ensure that an adequate	15251
portion of the total amount of those loans, loan guarantees, and	15252
grants, as determined by the director with the advice of the	15253
technical advisory committee, is used for conducting research on	15254
fundamental scientific problems related to the utilization of Ohio	15255
coal and shall ensure, to the maximum feasible extent, joint	15256
financial participation by the federal government or other	15257
investors or interested parties in conjunction with any such loan,	15258
loan guarantee, or grant. The director, in each grant agreement or	15259
contract under division (A) of this section, loan contract or	15260
agreement under this division or section 1555.04 of the Revised	15261
Code, and contract of guarantee under section 1555.05 of the	15262
Revised Code, shall require that the facility or project be	15263
maintained and kept in good condition and repair by the person or	15264
educational or scientific institution to whom the grant or loan	15265
was made or for whom the guarantee was made.	15266

(C) From time to time, with the advice of the technical	15267
advisory committee and the approval of the director of	15268
development, request the issuance of coal research and development	15269
general obligations under section 151.07 of the Revised Code, for	15270
any of the purposes set forth in Section 15 of Article VIII, Ohio	15271
Constitution, and subject to the limitations therein upon the	15272
aggregate total amount of obligations that may be outstanding at	15273
any time.	15274

(D) Include as a condition of any loan, loan guarantee, or	15275
grant contract or agreement with any such person or educational or	15276
scientific institution that the director of the office receive, in	15277
addition to payments of principal and interest on any such loan or	15278
service charges for any such guarantee, as appropriate, as	15279
authorized by Section 15,of Article VIII, Ohio Constitution, a	15280
reasonable royalty or portion of the income or profits arising out	15281
of the developments, discoveries, or inventions, including patents	15282
or copyrights, that result in whole or in part from coal research	15283
and development projects conducted under any such contract or	15284
agreement, in such amounts and for such period of years as may be	15285
negotiated and provided by the contract or agreement in advance of	15286
the making of the grant, loan, or loan guarantee. Moneys received	15287
by the director of the office under this section may be credited	15288
to the coal research and development bond service fund or used to	15289
make additional loans, loan guarantees, grants, or agreements	15290
under this section.	15291

(E) Employ managers, superintendents, and other employees and	15292
retain or contract with consulting engineers, financial	15293
consultants, accounting experts, architects, and such other	15294
consultants and independent contractors as are necessary in the	15295
judgment of the director of the office to carry out this chapter,	15296
and fix the compensation thereof.	15297

(F) Receive and accept from any federal agency, subject to	15298
the approval of the governor, grants for or in aid of the	15299
construction or operation of any coal research and development	15300
project or for coal research and development, and receive and	15301
accept aid or contributions from any source of money, property,	15302
labor, or other things of value, to be held, used, and applied	15303
only for the purposes for which such grants and contributions are	15304
made.	15305

(G) Purchase fire and extended coverage and liability	15306
insurance for any coal research and development project, insurance	15307
protecting the office and its officers and employees against	15308
liability for damage to property or injury to or death of persons	15309
arising from its operations, and any other insurance the director	15310
of the office determines necessary or proper under this chapter.	15311
Any moneys received by the director from the proceeds of any such	15312
insurance with respect to a coal research and development project	15313
and any moneys received by the director from the proceeds of any	15314
settlement, judgment, foreclosure, or other insurance with respect	15315
to a coal research and development project or facility shall be	15316
credited to the coal research and development bond service fund.	15317

(H) In the exercise of the powers of the director of the	15318
office under this chapter, call to the director's assistance,	15319
temporarily, from time to time, any engineers, technical experts,	15320
financial experts, and other employees in any state department,	15321
agency, or commission, or in the Ohio state university, or other	15322
educational institutions financed wholly or partially by this	15323
state for purposes of assisting the director of the office with	15324
reviewing and evaluating applications for financial assistance	15325
under this chapter, monitoring performance of coal research and	15326
development projects receiving financial assistance under this	15327
chapter, and reviewing and evaluating the progress and findings of	15328
those projects. Such engineers, experts, and employees shall not	15329
receive any additional compensation over that which they receive	15330
from the department, agency, commission, or educational	15331
institution by which they are employed, but they shall be	15332
reimbursed for their actual and necessary expenses incurred while	15333
working under the direction of the director.	15334

(I) Do all acts necessary or proper to carry out the powers	15335
expressly granted in this chapter.	15336

Sec. 1555.04. (A) With respect to coal research and	15337
development projects financed wholly or partially from a loan or	15338
loan guarantee under this chapter, the director of the Ohio coal	15339
development office, in addition to other powers under this	15340
chapter, with the advice of the technical advisory committee	15341
created in section 1551.35 of the Revised Code and the approval of	15342
the director of development, may enter into loan agreements,	15343
accept notes and other forms of obligation to evidence such	15344
indebtedness and mortgages, liens, pledges, assignments, or other	15345
security interests to secure such indebtedness, which may be prior	15346
or subordinate to or on a parity with other indebtedness,	15347
obligations, mortgages, pledges, assignments, other security	15348
interests, or liens or encumbrances, and take such actions as the	15349
director of the office considers appropriate to protect such	15350
security and safeguard against losses, including, without	15351
limitation, foreclosure and the bidding upon and purchase of	15352
property upon foreclosure or other sale.	15353

(B) The authority granted by this section is cumulative and	15354
supplementary to all other authority granted in this chapter. The	15355
authority granted by this section does not alter or impair any	15356
similar authority granted elsewhere in this chapter with respect	15357
to other projects.	15358

Sec. 1555.05. (A) Subject to any limitations as to aggregate	15359
amounts thereof that may from time to time be prescribed by the	15360
general assembly and to other applicable provisions of this	15361
chapter, and subject to the one-hundred-million-dollar limitation	15362
provided in Section 15 of Article VIII, Ohio Constitution, the	15363
director of the Ohio coal development office, on behalf of this	15364
state, with the advice of the technical advisory committee created	15365
in section 1551.35 of the Revised Code and the approval of the	15366
director of development, may enter into contracts to guarantee the	15367
repayment or payment of the unpaid principal amount of loans made	15368
to pay the costs of coal research and development projects.	15369

(B) The contract of guarantee may make provision for the	15370
conditions of, time for, and manner of fulfillment of the	15371
guarantee commitment, subrogation of this state to the rights of	15372
the parties guaranteed and exercise of such parties' rights by the	15373
state, giving the state the option of making payment of the	15374
principal amount guaranteed in one or more installments and, if	15375
deferred, to pay interest thereon from the source specified in	15376
division (A) of this section, and any other terms or conditions	15377
customary to such guarantees and as the director of the office may	15378
approve, and may contain provisions for securing the guarantee in	15379
the manner consistent with this section, covenants on behalf of	15380
this state to issue obligations under section 1555.08 of the	15381
Revised Code to provide moneys to fulfill such guarantees and	15382
covenants, and covenants restricting the aggregate amount of	15383
guarantees that may be contracted under this section and	15384
obligations that may be issued under section 151.07 of the Revised	15385
Code, and terms pertinent to either, to better secure the parties	15386
guaranteed.	15387

(C) The director of the office may fix service charges for	15388
making a guarantee. Such charges shall be payable at such times	15389
and place and in such amounts and manner as may be prescribed by	15390
the director. Moneys received from such charges shall be credited	15391
to the coal research and development bond service fund.	15392

(D) Any guaranteed parties under this section, by any	15393
suitable form of legal proceedings and except to the extent that	15394
their rights are restricted by the guarantee documents, may	15395
protect and enforce any rights under the laws of this state or	15396
granted by such guarantee or guarantee documents. Such rights	15397
include the right to compel the performance of all duties of the	15398
office required by this section or the guarantee or guarantee	15399
documents; and in the event of default with respect to the payment	15400
of any guarantees, to apply to a court having jurisdiction of the	15401
cause to appoint a receiver to receive and administer the moneys	15402
pledged to such guarantee with full power to pay, and to provide	15403
for payment of, such guarantee, and with such powers, subject to	15404
the direction of the court, as are accorded receivers in general	15405
equity cases, excluding any power to pledge or apply additional	15406
revenues or receipts or other income or moneys of this state. Each	15407
duty of the office and its director and employees required or	15408
undertaken under this section or a guarantee made under this	15409
section is hereby established as a duty of the office and of its	15410
director and each such employee having authority to perform such	15411
duty, specifically enjoined by the law resulting from an office,	15412
trust, or station within the meaning of section 2731.01 of the	15413
Revised Code. The persons who are at the time the director of the	15414
office, or its employees, are not liable in their personal	15415
capacities on any guarantees or contracts to make guarantees by	15416
the director.	15417

Sec. 1555.06. Upon application by the director of the Ohio	15418
coal development office with the approval of the director of	15419
development, the controlling board, from appropriations available	15420
to the board, may provide funds for surveys or studies by the	15421
office of any proposed coal research and development project	15422
subject to repayment by the office from funds available to it,	15423
within the time fixed by the board. Funds to be repaid shall be	15424
charged by the office to the appropriate coal research and	15425
development project and the amount thereof shall be a cost of the	15426
project. This section does not abrogate the authority of the	15427
controlling board to otherwise provide funds for use by the office	15428
in the exercise of the powers granted to it by this chapter.	15429

Sec. 1707.08. (A) The transactions enumerated in section	15430
1707.06 of the Revised Code may be consummated on compliance with	15431
this section and section 1707.11 of the Revised Code.	15432

(B) A description, verified either by the oath of the	15433
individual filing it or of any individual having knowledge of the	15434
facts, shall be filed with the division of securities by the	15435
issuer, or by a majority of the incorporators of the issuer prior	15436
to election of officers if it is an incorporated issuer, or by a	15437
licensed dealer, which description shall be on forms prescribed by	15438
the division and shall set forth:	15439

(1) The name of the issuer;

15440

(2) A brief description of the securities;

15441

(3) The amount of the securities to be offered after the	15442
filing of the description for sale in this state and, if all the	15443
securities are not to be offered by the person filing the	15444
description, then the respective amounts to be offered by others,	15445
so far as those amounts are known, and the names and addresses of	15446
the other offerors;	15447

(4) A brief statement of the facts which show that the	15448
securities are the subject matter of a transaction enumerated in	15449
section 1707.06 of the Revised Code;	15450

(5) The price at which the securities are to be offered for	15451
sale.	15452

(C) The individual who executes the application for	15453
registration by description on behalf of the applicant shall state	15454
the individual's relationship to the applicant and certify all of	15455
the following:	15456

(1) The individual has executed the application on behalf of	15457
the applicant.	15458

(2) The individual is fully authorized to execute and file	15459
the application on behalf of the applicant.	15460

(3) The individual is familiar with the applicant's	15461
application.	15462

(4) To the best of the individual's knowledge, information,	15463
and belief, the statements made in the application are true, and	15464
the documents submitted with the application are true copies of	15465
the original documents.	15466

(D) A registration by description is effective seven business	15467
days after the division receives the description on applicable	15468
forms, together with aany filing fee ~~of fifty dollars~~required	15469
under this division, if no proceeding is pending under section	15470
1707.13 or 1707.131 of the Revised Code. However, the division may	15471
permit an earlier effective date by rule or by issuing a	15472
certificate of acknowledgment for the registration by description.	15473

For an offering that exceeds fifty thousand dollars, a filing	15474
fee of fifty dollars shall be submitted with the registration by	15475
description.	15476

(E) In order to correct errors or omissions, a registration	15477
by description may be amended by the person that originally filed	15478
it, by the filing, in the same manner as in the case of an	15479
original registration by description, of an amended registration	15480
by description or of an amendment of the original registration by	15481
description.	15482

(F) When transactions in any securities enumerated in section	15483
1707.06 of the Revised Code have been registered and the fees	15484
prescribed by this section have been paid, the transactions may be	15485
consummated so long as the registration remains in full force.	15486

Sec. 1707.391. When any securities have been sold in	15487
reliance upon division (Q), (W), (X), or (Y) of section 1707.03 of	15488
the Revised Code, section 1707.08 of the Revised Code, or any	15489
other section of this chapter that the division of securities may	15490
specify by rule, but such reliance was improper because the	15491
required filings were not timely or properly made due to excusable	15492
neglect, upon the effective date of an application made to the	15493
division and payment of ~~the required~~any applicable fee, if	15494
required and not already paid, ~~plus~~and upon payment of a penalty	15495
fee equal to the greater of the ~~required~~ fee or one hundred	15496
dollars, the sale of the securities shall be deemed exempt,	15497
qualified, or registered, as though timely and properly filed. The	15498
application shall become effective upon the expiration of fourteen	15499
days after the date of the filing in question if prior thereto the	15500
division did not give notice to the applicant that the application	15501
was denied based on a finding of lack of excusable neglect. The	15502
division shall promptly adopt and promulgate rules establishing	15503
provisions defining excusable neglect and otherwise establishing	15504
reasonable standards for determining excusable neglect.	15505

The effectiveness of an application under this section does	15506
not relieve anyone who has, other than for excusable neglect,	15507
violated sections 1707.01 to 1707.45 of the Revised Code, or any	15508
previous law in force at the time of sale, from prosecution	15509
thereunder.	15510

Sec. 1724.03. (A) After the articles of incorporation have	15511
been filed, and at the first meeting of the board of directors of	15512
a county land reutilization corporation, the board shall adopt	15513
regulations for the government of the corporation, the conduct of	15514
its affairs, and the management of its property, consistent with	15515
law and the articles. The content of the regulations shall be	15516
governed by section 1702.11 of the Revised Code to the extent not	15517
inconsistent with this chapter.	15518

(B) The board of directors of a county land reutilization	15519
corporation shall be composed of five, seven, or nine members,	15520
including the county treasurer, at least two of the members of the	15521
board of county commissioners, one representative of the largest	15522
municipal corporation, based on the population according to the	15523
most recent federal decennial census, that is located in the	15524
county, one representative of a township with a population of at	15525
least ten thousand in the unincorporated area of the township	15526
according to the most recent federal decennial census, if at least	15527
two such ~~a township exists~~townships exist in the county, and any	15528
remaining members selected by the treasurer and the county	15529
commissioners who are members of the corporation's board. At least	15530
one board member shall have private sector or nonprofit experience	15531
in rehabilitation or real estate acquisitions. A county treasurer	15532
and the county commissioners each may appoint a representative, as	15533
a director of the corporation, to act for the officer at any of	15534
the meetings of the corporation. Except as may otherwise be	15535
authorized by the regulations of the corporation, all members of	15536
the board of directors shall serve without compensation, but shall	15537
be reimbursed for actual and necessary expenses.	15538

Sec. 1733.47. Whenever the approval of the superintendent of	15539
credit unions is required under this chapter, or under an order or	15540
supervisory action issued or taken under this chapter, for a	15541
person to serve as an organizer, incorporator, director, or	15542
executive officer of a credit union, or to otherwise participate	15543
in the management of a credit union, the superintendent shall	15544
request the superintendent of the bureau of criminal	15545
identification and investigation, or a vendor approved by the	15546
bureau, to conduct a criminal records check based on the person's	15547
fingerprints in accordance with ~~division (A)(14) of~~ section	15548
109.572 of the Revised Code. The superintendent of credit unions	15549
shall request that criminal record information from the federal	15550
bureau of investigation be obtained as part of the criminal	15551
records check. Any fee required under division (C)(3) of section	15552
109.572 of the Revised Code shall be paid by the person who is the	15553
subject of the request.	15554

Sec. 1751.01. As used in this chapter:

15555

(A)(1) "Basic health care services" means the following	15556
services when medically necessary:	15557

(a) Physician's services, except when such services are	15558
supplemental under division (B) of this section;	15559

(b) Inpatient hospital services;

15560

15561

(d) Emergency health services;

15562

(e) Urgent care services;

15563

(f) Diagnostic laboratory services and diagnostic and	15564
therapeutic radiologic services;	15565

(g) Diagnostic and treatment services, other than	15566
prescription drug services, for biologically based mental	15567
illnesses;	15568

(h) Preventive health care services, including, but not	15569
limited to, voluntary family planning services, infertility	15570
services, periodic physical examinations, prenatal obstetrical	15571
care, and well-child care;	15572

(i) Routine patient care for patients enrolled in an eligible	15573
cancer clinical trial pursuant to section 3923.80 of the Revised	15574
Code.	15575

"Basic health care services" does not include experimental	15576
procedures.	15577

Except as provided by divisions (A)(2) and (3) of this	15578
section in connection with the offering of coverage for diagnostic	15579
and treatment services for biologically based mental illnesses, a	15580
health insuring corporation shall not offer coverage for a health	15581
care service, defined as a basic health care service by this	15582
division, unless it offers coverage for all listed basic health	15583
care services. However, this requirement does not apply to the	15584
coverage of beneficiaries enrolled in medicare pursuant to a	15585
medicare contract, or to the coverage of beneficiaries enrolled in	15586
the federal employee health benefits program pursuant to 5	15587
U.S.C.A. 8905, or to the coverage of medicaid recipients, or to	15588
the coverage of beneficiaries under any federal health care	15589
program regulated by a federal regulatory body, or to the coverage	15590
of beneficiaries under any contract covering officers or employees	15591
of the state that has been entered into by the department of	15592
administrative services.	15593

(2) A health insuring corporation may offer coverage for	15594
diagnostic and treatment services for biologically based mental	15595
illnesses without offering coverage for all other basic health	15596
care services. A health insuring corporation may offer coverage	15597
for diagnostic and treatment services for biologically based	15598
mental illnesses alone or in combination with one or more	15599
supplemental health care services. However, a health insuring	15600
corporation that offers coverage for any other basic health care	15601
service shall offer coverage for diagnostic and treatment services	15602
for biologically based mental illnesses in combination with the	15603
offer of coverage for all other listed basic health care services.	15604

(3) A health insuring corporation that offers coverage for	15605
basic health care services is not required to offer coverage for	15606
diagnostic and treatment services for biologically based mental	15607
illnesses in combination with the offer of coverage for all other	15608
listed basic health care services if all of the following apply:	15609

(a) The health insuring corporation submits documentation	15610
certified by an independent member of the American academy of	15611
actuaries to the superintendent of insurance showing that incurred	15612
claims for diagnostic and treatment services for biologically	15613
based mental illnesses for a period of at least six months	15614
independently caused the health insuring corporation's costs for	15615
claims and administrative expenses for the coverage of basic	15616
health care services to increase by more than one per cent per	15617
year.	15618

(b) The health insuring corporation submits a signed letter	15619
from an independent member of the American academy of actuaries to	15620
the superintendent of insurance opining that the increase in costs	15621
described in division (A)(3)(a) of this section could reasonably	15622
justify an increase of more than one per cent in the annual	15623
premiums or rates charged by the health insuring corporation for	15624
the coverage of basic health care services.	15625

(c) The superintendent of insurance makes the following	15626
determinations from the documentation and opinion submitted	15627
pursuant to divisions (A)(3)(a) and (b) of this section:	15628

(i) Incurred claims for diagnostic and treatment services for	15629
biologically based mental illnesses for a period of at least six	15630
months independently caused the health insuring corporation's	15631
costs for claims and administrative expenses for the coverage of	15632
basic health care services to increase by more than one per cent	15633
per year.	15634

(ii) The increase in costs reasonably justifies an increase	15635
of more than one per cent in the annual premiums or rates charged	15636
by the health insuring corporation for the coverage of basic	15637
health care services.	15638

Any determination made by the superintendent under this	15639
division is subject to Chapter 119. of the Revised Code.	15640

(B)(1) "Supplemental health care services" means any health	15641
care services other than basic health care services that a health	15642
insuring corporation may offer, alone or in combination with	15643
either basic health care services or other supplemental health	15644
care services, and includes:	15645

(a) Services of facilities for intermediate or long-term	15646
care, or both;	15647

(b) Dental care services;

15648

(c) Vision care and optometric services including lenses and	15649
frames;	15650

(d) Podiatric care or foot care services;

15651

(e) Mental health services, excluding diagnostic and	15652
treatment services for biologically based mental illnesses;	15653

(f) Short-term outpatient evaluative and crisis-intervention	15654
mental health services;	15655

(g) Medical or psychological treatment and referral services	15656
for alcohol and drug abuse or addiction;	15657

(h) Home health services;

15658

(i) Prescription drug services;

15659

(j) Nursing services;

15660

(k) Services of a dietitian licensed under Chapter 4759. of	15661
the Revised Code;	15662

(l) Physical therapy services;

15663

(m) Chiropractic services;

15664

(n) Any other category of services approved by the	15665
superintendent of insurance.	15666

(2) If a health insuring corporation offers prescription drug	15667
services under this division, the coverage shall include	15668
prescription drug services for the treatment of biologically based	15669
mental illnesses on the same terms and conditions as other	15670
physical diseases and disorders.	15671

(C) "Specialty health care services" means one of the	15672
supplemental health care services listed in division (B) of this	15673
section, when provided by a health insuring corporation on an	15674
outpatient-only basis and not in combination with other	15675
supplemental health care services.	15676

(D) "Biologically based mental illnesses" means	15677
schizophrenia, schizoaffective disorder, major depressive	15678
disorder, bipolar disorder, paranoia and other psychotic	15679
disorders, obsessive-compulsive disorder, and panic disorder, as	15680
these terms are defined in the most recent edition of the	15681
diagnostic and statistical manual of mental disorders published by	15682
the American psychiatric association.	15683

(E) "Closed panel plan" means a health care plan that	15684
requires enrollees to use participating providers.	15685

(F) "Compensation" means remuneration for the provision of	15686
health care services, determined on other than a fee-for-service	15687
or discounted-fee-for-service basis.	15688

(G) "Contractual periodic prepayment" means the formula for	15689
determining the premium rate for all subscribers of a health	15690
insuring corporation.	15691

(H) "Corporation" means a corporation formed under Chapter	15692
1701. or 1702. of the Revised Code or the similar laws of another	15693
state.	15694

(I) "Emergency health services" means those health care	15695
services that must be available on a seven-days-per-week,	15696
twenty-four-hours-per-day basis in order to prevent jeopardy to an	15697
enrollee's health status that would occur if such services were	15698
not received as soon as possible, and includes, where appropriate,	15699
provisions for transportation and indemnity payments or service	15700
agreements for out-of-area coverage.	15701

(J) "Enrollee" means any natural person who is entitled to	15702
receive health care benefits provided by a health insuring	15703
corporation.	15704

(K) "Evidence of coverage" means any certificate, agreement,	15705
policy, or contract issued to a subscriber that sets out the	15706
coverage and other rights to which such person is entitled under a	15707
health care plan.	15708

(L) "Health care facility" means any facility, except a	15709
health care practitioner's office, that provides preventive,	15710
diagnostic, therapeutic, acute convalescent, rehabilitation,	15711
mental health, mental retardation, intermediate care, or skilled	15712
nursing services.	15713

(M) "Health care services" means basic, supplemental, and	15714
specialty health care services.	15715

(N) "Health delivery network" means any group of providers or	15716
health care facilities, or both, or any representative thereof,	15717
that have entered into an agreement to offer health care services	15718
in a panel rather than on an individual basis.	15719

(O) "Health insuring corporation" means a corporation, as	15720
defined in division (H) of this section, that, pursuant to a	15721
policy, contract, certificate, or agreement, pays for, reimburses,	15722
or provides, delivers, arranges for, or otherwise makes available,	15723
basic health care services, supplemental health care services, or	15724
specialty health care services, or a combination of basic health	15725
care services and either supplemental health care services or	15726
specialty health care services, through either an open panel plan	15727
or a closed panel plan.	15728

"Health insuring corporation" does not include a limited	15729
liability company formed pursuant to Chapter 1705. of the Revised	15730
Code, an insurer licensed under Title XXXIX of the Revised Code if	15731
that insurer offers only open panel plans under which all	15732
providers and health care facilities participating receive their	15733
compensation directly from the insurer, a corporation formed by or	15734
on behalf of a political subdivision or a department, office, or	15735
institution of the state, or a public entity formed by or on	15736
behalf of a board of county commissioners, a county board of	15737
developmental disabilities, an alcohol and drug addiction services	15738
board, a board of alcohol, drug addiction, and mental health	15739
services, or a community mental health board, as those terms are	15740
used in Chapters 340. and 5126. of the Revised Code. Except as	15741
provided by division (D) of section 1751.02 of the Revised Code,	15742
or as otherwise provided by law, no board, commission, agency, or	15743
other entity under the control of a political subdivision may	15744
accept insurance risk in providing for health care services.	15745
However, nothing in this division shall be construed as	15746
prohibiting such entities from purchasing the services of a health	15747
insuring corporation or a third-party administrator licensed under	15748
Chapter 3959. of the Revised Code.	15749

(P) "Intermediary organization" means a health delivery	15750
network or other entity that contracts with licensed health	15751
insuring corporations or self-insured employers, or both, to	15752
provide health care services, and that enters into contractual	15753
arrangements with other entities for the provision of health care	15754
services for the purpose of fulfilling the terms of its contracts	15755
with the health insuring corporations and self-insured employers.	15756

(Q) "Intermediate care" means residential care above the	15757
level of room and board for patients who require personal	15758
assistance and health-related services, but who do not require	15759
skilled nursing care.	15760

(R) "Medicaid" has the same meaning as in section 5111.01 of	15761
the Revised Code.	15762

(S) "Medical record" means the personal information that	15763
relates to an individual's physical or mental condition, medical	15764
history, or medical treatment.	15765

(T) "Medicare" means the program established under Title	15766
XVIII of the "Social Security Act" 49 Stat. 620 (1935), 42 U.S.C.	15767
1395, as amended.	15768

(U)(1) "Open panel plan" means a health care plan that	15769
provides incentives for enrollees to use participating providers	15770
and that also allows enrollees to use providers that are not	15771
participating providers.	15772

(2) No health insuring corporation may offer an open panel	15773
plan, unless the health insuring corporation is also licensed as	15774
an insurer under Title XXXIX of the Revised Code, the health	15775
insuring corporation, on June 4, 1997, holds a certificate of	15776
authority or license to operate under Chapter 1736. or 1740. of	15777
the Revised Code, or an insurer licensed under Title XXXIX of the	15778
Revised Code is responsible for the out-of-network risk as	15779
evidenced by both an evidence of coverage filing under section	15780
1751.11 of the Revised Code and a policy and certificate filing	15781
under section 3923.02 of the Revised Code.	15782

(V) "Osteopathic hospital" means a hospital registered under	15783
section 3701.07 of the Revised Code that advocates osteopathic	15784
principles and the practice and perpetuation of osteopathic	15785
medicine by doing any of the following:	15786

(1) Maintaining a department or service of osteopathic	15787
medicine or a committee on the utilization of osteopathic	15788
principles and methods, under the supervision of an osteopathic	15789
physician;	15790

(2) Maintaining an active medical staff, the majority of	15791
which is comprised of osteopathic physicians;	15792

(3) Maintaining a medical staff executive committee that has	15793
osteopathic physicians as a majority of its members.	15794

(W) "Panel" means a group of providers or health care	15795
facilities that have joined together to deliver health care	15796
services through a contractual arrangement with a health insuring	15797
corporation, employer group, or other payor.	15798

~~(W)~~(X) "Person" has the same meaning as in section 1.59 of	15799
the Revised Code, and, unless the context otherwise requires,	15800
includes any insurance company holding a certificate of authority	15801
under Title XXXIX of the Revised Code, any subsidiary and	15802
affiliate of an insurance company, and any government agency.	15803

~~(X)~~(Y) "Premium rate" means any set fee regularly paid by a	15804
subscriber to a health insuring corporation. A "premium rate" does	15805
not include a one-time membership fee, an annual administrative	15806
fee, or a nominal access fee, paid to a managed health care system	15807
under which the recipient of health care services remains solely	15808
responsible for any charges accessed for those services by the	15809
provider or health care facility.	15810

~~(Y)~~(Z) "Primary care provider" means a provider that is	15811
designated by a health insuring corporation to supervise,	15812
coordinate, or provide initial care or continuing care to an	15813
enrollee, and that may be required by the health insuring	15814
corporation to initiate a referral for specialty care and to	15815
maintain supervision of the health care services rendered to the	15816
enrollee.	15817

~~(Z)~~(AA) "Provider" means any natural person or partnership of	15818
natural persons who are licensed, certified, accredited, or	15819
otherwise authorized in this state to furnish health care	15820
services, or any professional association organized under Chapter	15821
1785. of the Revised Code, provided that nothing in this chapter	15822
or other provisions of law shall be construed to preclude a health	15823
insuring corporation, health care practitioner, or organized	15824
health care group associated with a health insuring corporation	15825
from employing certified nurse practitioners, certified nurse	15826
anesthetists, clinical nurse specialists, certified nurse	15827
midwives, dietitians, physician assistants, dental assistants,	15828
dental hygienists, optometric technicians, or other allied health	15829
personnel who are licensed, certified, accredited, or otherwise	15830
authorized in this state to furnish health care services.	15831

~~(AA)~~(BB) "Provider sponsored organization" means a	15832
corporation, as defined in division (H) of this section, that is	15833
at least eighty per cent owned or controlled by one or more	15834
hospitals, as defined in section 3727.01 of the Revised Code, or	15835
one or more physicians licensed to practice medicine or surgery or	15836
osteopathic medicine and surgery under Chapter 4731. of the	15837
Revised Code, or any combination of such physicians and hospitals.	15838
Such control is presumed to exist if at least eighty per cent of	15839
the voting rights or governance rights of a provider sponsored	15840
organization are directly or indirectly owned, controlled, or	15841
otherwise held by any combination of the physicians and hospitals	15842
described in this division.	15843

~~(BB)~~(CC) "Solicitation document" means the written materials	15844
provided to prospective subscribers or enrollees, or both, and	15845
used for advertising and marketing to induce enrollment in the	15846
health care plans of a health insuring corporation.	15847

~~(CC)~~(DD) "Subscriber" means a person who is responsible for	15848
making payments to a health insuring corporation for participation	15849
in a health care plan, or an enrollee whose employment or other	15850
status is the basis of eligibility for enrollment in a health	15851
insuring corporation.	15852

~~(DD)~~(EE) "Urgent care services" means those health care	15853
services that are appropriately provided for an unforeseen	15854
condition of a kind that usually requires medical attention	15855
without delay but that does not pose a threat to the life, limb,	15856
or permanent health of the injured or ill person, and may include	15857
such health care services provided out of the health insuring	15858
corporation's approved service area pursuant to indemnity payments	15859
or service agreements.	15860

Sec. 1751.02. (A) Notwithstanding any law in this state to	15861
the contrary, any corporation, as defined in section 1751.01 of	15862
the Revised Code, may apply to the superintendent of insurance for	15863
a certificate of authority to establish and operate a health	15864
insuring corporation. If the corporation applying for a	15865
certificate of authority is a foreign corporation domiciled in a	15866
state without laws similar to those of this chapter, the	15867
corporation must form a domestic corporation to apply for, obtain,	15868
and maintain a certificate of authority under this chapter.	15869

(B) No person shall establish, operate, or perform the	15870
services of a health insuring corporation in this state without	15871
obtaining a certificate of authority under this chapter.	15872

(C) Except as provided by division (D) of this section, no	15873
political subdivision or department, office, or institution of	15874
this state, or corporation formed by or on behalf of any political	15875
subdivision or department, office, or institution of this state,	15876
shall establish, operate, or perform the services of a health	15877
insuring corporation. Nothing in this section shall be construed	15878
to preclude a board of county commissioners, a county board of	15879
developmental disabilities, an alcohol and drug addiction services	15880
board, a board of alcohol, drug addiction, and mental health	15881
services, or a community mental health board, or a public entity	15882
formed by or on behalf of any of these boards, from using managed	15883
care techniques in carrying out the board's or public entity's	15884
duties pursuant to the requirements of Chapters 307., 329., 340.,	15885
and 5126. of the Revised Code. However, no such board or public	15886
entity may operate so as to compete in the private sector with	15887
health insuring corporations holding certificates of authority	15888
under this chapter.	15889

(D) A corporation formed by or on behalf of a publicly owned,	15890
operated, or funded hospital or health care facility may apply to	15891
the superintendent for a certificate of authority under division	15892
(A) of this section to establish and operate a health insuring	15893
corporation.	15894

(E) A health insuring corporation shall operate in this state	15895
in compliance with this chapter and Chapter 1753. of the Revised	15896
Code~~, and with sections 3702.51 to 3702.62 of the Revised Code,~~	15897
and shall operate in conformity with its filings with the	15898
superintendent under this chapter, including filings made pursuant	15899
to sections 1751.03, 1751.11, 1751.12, and 1751.31 of the Revised	15900
Code.	15901

(F) An insurer licensed under Title XXXIX of the Revised Code	15902
need not obtain a certificate of authority as a health insuring	15903
corporation to offer an open panel plan as long as the providers	15904
and health care facilities participating in the open panel plan	15905
receive their compensation directly from the insurer. If the	15906
providers and health care facilities participating in the open	15907
panel plan receive their compensation from any person other than	15908
the insurer, or if the insurer offers a closed panel plan, the	15909
insurer must obtain a certificate of authority as a health	15910
insuring corporation.	15911

(G) An intermediary organization need not obtain a	15912
certificate of authority as a health insuring corporation,	15913
regardless of the method of reimbursement to the intermediary	15914
organization, as long as a health insuring corporation or a	15915
self-insured employer maintains the ultimate responsibility to	15916
assure delivery of all health care services required by the	15917
contract between the health insuring corporation and the	15918
subscriber and the laws of this state or between the self-insured	15919
employer and its employees.	15920

Nothing in this section shall be construed to require any	15921
health care facility, provider, health delivery network, or	15922
intermediary organization that contracts with a health insuring	15923
corporation or self-insured employer, regardless of the method of	15924
reimbursement to the health care facility, provider, health	15925
delivery network, or intermediary organization, to obtain a	15926
certificate of authority as a health insuring corporation under	15927
this chapter, unless otherwise provided, in the case of contracts	15928
with a self-insured employer, by operation of the "Employee	15929
Retirement Income Security Act of 1974," 88 Stat. 829, 29 U.S.C.A.	15930
1001, as amended.	15931

(H) Any health delivery network doing business in this state,	15932
including any health delivery network that is functioning as an	15933
intermediary organization doing business in this state, that is	15934
not required to obtain a certificate of authority under this	15935
chapter shall certify to the superintendent annually, not later	15936
than the first day of July, and shall provide a statement signed	15937
by the highest ranking official which includes the following	15938
information:	15939

(1) The health delivery network's full name and the address	15940
of its principal place of business;	15941

(2) A statement that the health delivery network is not	15942
required to obtain a certificate of authority under this chapter	15943
to conduct its business.	15944

(I) The superintendent shall not issue a certificate of	15945
authority to a health insuring corporation that is a provider	15946
sponsored organization unless all health care plans to be offered	15947
by the health insuring corporation provide basic health care	15948
services. Substantially all of the physicians and hospitals with	15949
ownership or control of the provider sponsored organization, as	15950
defined in section 1751.01 of the Revised Code, shall also be	15951
participating providers for the provision of basic health care	15952
services for health care plans offered by the provider sponsored	15953
organization. If a health insuring corporation that is a provider	15954
sponsored organization offers health care plans that do not	15955
provide basic health care services, the health insuring	15956
corporation shall be deemed, for purposes of section 1751.35 of	15957
the Revised Code, to have failed to substantially comply with this	15958
chapter.	15959

Except as specifically provided in this division and in	15960
division (A) of section 1751.28 of the Revised Code, the	15961
provisions of this chapter shall apply to all health insuring	15962
corporations that are provider sponsored organizations in the same	15963
manner that these provisions apply to all health insuring	15964
corporations that are not provider sponsored organizations.	15965

(J) Nothing in this section shall be construed to apply to	15966
any multiple employer welfare arrangement operating pursuant to	15967
Chapter 1739. of the Revised Code.	15968

(K) Any person who violates division (B) of this section, and	15969
any health delivery network that fails to comply with division (H)	15970
of this section, is subject to the penalties set forth in section	15971
1751.45 of the Revised Code.	15972

Sec. 1751.13. (A)(1)(a) A health insuring corporation shall,	15973
either directly or indirectly, enter into contracts for the	15974
provision of health care services with a sufficient number and	15975
types of providers and health care facilities to ensure that all	15976
covered health care services will be accessible to enrollees from	15977
a contracted provider or health care facility.	15978

(b) A health insuring corporation shall not refuse to	15979
contract with a physician for the provision of health care	15980
services or refuse to recognize a physician as a specialist on the	15981
basis that the physician attended an educational program or a	15982
residency program approved or certified by the American	15983
osteopathic association. A health insuring corporation shall not	15984
refuse to contract with a health care facility for the provision	15985
of health care services on the basis that the health care facility	15986
is certified or accredited by the American osteopathic association	15987
or that the health care facility is an osteopathic hospital as	15988
~~defined in section 3702.51 of the Revised Code~~.	15989

(c) Nothing in division (A)(1)(b) of this section shall be	15990
construed to require a health insuring corporation to make a	15991
benefit payment under a closed panel plan to a physician or health	15992
care facility with which the health insuring corporation does not	15993
have a contract, provided that none of the bases set forth in that	15994
division are used as a reason for failing to make a benefit	15995
payment.	15996

(2) When a health insuring corporation is unable to provide a	15997
covered health care service from a contracted provider or health	15998
care facility, the health insuring corporation must provide that	15999
health care service from a noncontracted provider or health care	16000
facility consistent with the terms of the enrollee's policy,	16001
contract, certificate, or agreement. The health insuring	16002
corporation shall either ensure that the health care service be	16003
provided at no greater cost to the enrollee than if the enrollee	16004
had obtained the health care service from a contracted provider or	16005
health care facility, or make other arrangements acceptable to the	16006
superintendent of insurance.	16007

(3) Nothing in this section shall prohibit a health insuring	16008
corporation from entering into contracts with out-of-state	16009
providers or health care facilities that are licensed, certified,	16010
accredited, or otherwise authorized in that state.	16011

(B)(1) A health insuring corporation shall, either directly	16012
or indirectly, enter into contracts with all providers and health	16013
care facilities through which health care services are provided to	16014
its enrollees.	16015

(2) A health insuring corporation, upon written request,	16016
shall assist its contracted providers in finding stop-loss or	16017
reinsurance carriers.	16018

(C) A health insuring corporation shall file an annual	16019
certificate with the superintendent certifying that all provider	16020
contracts and contracts with health care facilities through which	16021
health care services are being provided contain the following:	16022

(1) A description of the method by which the provider or	16023
health care facility will be notified of the specific health care	16024
services for which the provider or health care facility will be	16025
responsible, including any limitations or conditions on such	16026
services;	16027

(2) The specific hold harmless provision specifying	16028
protection of enrollees set forth as follows:	16029

"[Provider/Health Care Facility] agrees that in no event,	16030
including but not limited to nonpayment by the health insuring	16031
corporation, insolvency of the health insuring corporation, or	16032
breach of this agreement, shall [Provider/Health Care Facility]	16033
bill, charge, collect a deposit from, seek remuneration or	16034
reimbursement from, or have any recourse against, a subscriber,	16035
enrollee, person to whom health care services have been provided,	16036
or person acting on behalf of the covered enrollee, for health	16037
care services provided pursuant to this agreement. This does not	16038
prohibit [Provider/Health Care Facility] from collecting	16039
co-insurance, deductibles, or copayments as specifically provided	16040
in the evidence of coverage, or fees for uncovered health care	16041
services delivered on a fee-for-service basis to persons	16042
referenced above, nor from any recourse against the health	16043
insuring corporation or its successor."	16044

(3) Provisions requiring the provider or health care facility	16045
to continue to provide covered health care services to enrollees	16046
in the event of the health insuring corporation's insolvency or	16047
discontinuance of operations. The provisions shall require the	16048
provider or health care facility to continue to provide covered	16049
health care services to enrollees as needed to complete any	16050
medically necessary procedures commenced but unfinished at the	16051
time of the health insuring corporation's insolvency or	16052
discontinuance of operations. The completion of a medically	16053
necessary procedure shall include the rendering of all covered	16054
health care services that constitute medically necessary follow-up	16055
care for that procedure. If an enrollee is receiving necessary	16056
inpatient care at a hospital, the provisions may limit the	16057
required provision of covered health care services relating to	16058
that inpatient care in accordance with division (D)(3) of section	16059
1751.11 of the Revised Code, and may also limit such required	16060
provision of covered health care services to the period ending	16061
thirty days after the health insuring corporation's insolvency or	16062
discontinuance of operations.	16063

The provisions required by division (C)(3) of this section	16064
shall not require any provider or health care facility to continue	16065
to provide any covered health care service after the occurrence of	16066
any of the following:	16067

(a) The end of the thirty-day period following the entry of a	16068
liquidation order under Chapter 3903. of the Revised Code;	16069

(b) The end of the enrollee's period of coverage for a	16070
contractual prepayment or premium;	16071

(c) The enrollee obtains equivalent coverage with another	16072
health insuring corporation or insurer, or the enrollee's employer	16073
obtains such coverage for the enrollee;	16074

(d) The enrollee or the enrollee's employer terminates	16075
coverage under the contract;	16076

(e) A liquidator effects a transfer of the health insuring	16077
corporation's obligations under the contract under division (A)(8)	16078
of section 3903.21 of the Revised Code.	16079

(4) A provision clearly stating the rights and	16080
responsibilities of the health insuring corporation, and of the	16081
contracted providers and health care facilities, with respect to	16082
administrative policies and programs, including, but not limited	16083
to, payments systems, utilization review, quality assurance,	16084
assessment, and improvement programs, credentialing,	16085
confidentiality requirements, and any applicable federal or state	16086
programs;	16087

(5) A provision regarding the availability and	16088
confidentiality of those health records maintained by providers	16089
and health care facilities to monitor and evaluate the quality of	16090
care, to conduct evaluations and audits, and to determine on a	16091
concurrent or retrospective basis the necessity of and	16092
appropriateness of health care services provided to enrollees. The	16093
provision shall include terms requiring the provider or health	16094
care facility to make these health records available to	16095
appropriate state and federal authorities involved in assessing	16096
the quality of care or in investigating the grievances or	16097
complaints of enrollees, and requiring the provider or health care	16098
facility to comply with applicable state and federal laws related	16099
to the confidentiality of medical or health records.	16100

(6) A provision that states that contractual rights and	16101
responsibilities may not be assigned or delegated by the provider	16102
or health care facility without the prior written consent of the	16103
health insuring corporation;	16104

(7) A provision requiring the provider or health care	16105
facility to maintain adequate professional liability and	16106
malpractice insurance. The provision shall also require the	16107
provider or health care facility to notify the health insuring	16108
corporation not more than ten days after the provider's or health	16109
care facility's receipt of notice of any reduction or cancellation	16110
of such coverage.	16111

(8) A provision requiring the provider or health care	16112
facility to observe, protect, and promote the rights of enrollees	16113
as patients;	16114

(9) A provision requiring the provider or health care	16115
facility to provide health care services without discrimination on	16116
the basis of a patient's participation in the health care plan,	16117
age, sex, ethnicity, religion, sexual preference, health status,	16118
or disability, and without regard to the source of payments made	16119
for health care services rendered to a patient. This requirement	16120
shall not apply to circumstances when the provider or health care	16121
facility appropriately does not render services due to limitations	16122
arising from the provider's or health care facility's lack of	16123
training, experience, or skill, or due to licensing restrictions.	16124

(10) A provision containing the specifics of any obligation	16125
on the primary care provider to provide, or to arrange for the	16126
provision of, covered health care services twenty-four hours per	16127
day, seven days per week;	16128

(11) A provision setting forth procedures for the resolution	16129
of disputes arising out of the contract;	16130

(12) A provision stating that the hold harmless provision	16131
required by division (C)(2) of this section shall survive the	16132
termination of the contract with respect to services covered and	16133
provided under the contract during the time the contract was in	16134
effect, regardless of the reason for the termination, including	16135
the insolvency of the health insuring corporation;	16136

(13) A provision requiring those terms that are used in the	16137
contract and that are defined by this chapter, be used in the	16138
contract in a manner consistent with those definitions.	16139

This division does not apply to the coverage of beneficiaries	16140
enrolled in medicare pursuant to a medicare risk contract or	16141
medicare cost contract, or to the coverage of beneficiaries	16142
enrolled in the federal employee health benefits program pursuant	16143
to 5 U.S.C.A. 8905, or to the coverage of medicaid recipients, or	16144
to the coverage of beneficiaries under any federal health care	16145
program regulated by a federal regulatory body, or to the coverage	16146
of beneficiaries under any contract covering officers or employees	16147
of the state that has been entered into by the department of	16148
administrative services.	16149

(D)(1) No health insuring corporation contract with a	16150
provider or health care facility shall contain any of the	16151
following:	16152

(a) A provision that directly or indirectly offers an	16153
inducement to the provider or health care facility to reduce or	16154
limit medically necessary health care services to a covered	16155
enrollee;	16156

(b) A provision that penalizes a provider or health care	16157
facility that assists an enrollee to seek a reconsideration of the	16158
health insuring corporation's decision to deny or limit benefits	16159
to the enrollee;	16160

(c) A provision that limits or otherwise restricts the	16161
provider's or health care facility's ethical and legal	16162
responsibility to fully advise enrollees about their medical	16163
condition and about medically appropriate treatment options;	16164

(d) A provision that penalizes a provider or health care	16165
facility for principally advocating for medically necessary health	16166
care services;	16167

(e) A provision that penalizes a provider or health care	16168
facility for providing information or testimony to a legislative	16169
or regulatory body or agency. This shall not be construed to	16170
prohibit a health insuring corporation from penalizing a provider	16171
or health care facility that provides information or testimony	16172
that is libelous or slanderous or that discloses trade secrets	16173
which the provider or health care facility has no privilege or	16174
permission to disclose.	16175

(f) A provision that violates Chapter 3963. of the Revised	16176
Code.	16177

(2) Nothing in this division shall be construed to prohibit a	16178
health insuring corporation from doing either of the following:	16179

(a) Making a determination not to reimburse or pay for a	16180
particular medical treatment or other health care service;	16181

(b) Enforcing reasonable peer review or utilization review	16182
protocols, or determining whether a particular provider or health	16183
care facility has complied with these protocols.	16184

(E) Any contract between a health insuring corporation and an	16185
intermediary organization shall clearly specify that the health	16186
insuring corporation must approve or disapprove the participation	16187
of any provider or health care facility with which the	16188
intermediary organization contracts.	16189

(F) If an intermediary organization that is not a health	16190
delivery network contracting solely with self-insured employers	16191
subcontracts with a provider or health care facility, the	16192
subcontract with the provider or health care facility shall do all	16193
of the following:	16194

(1) Contain the provisions required by divisions (C) and (G)	16195
of this section, as made applicable to an intermediary	16196
organization, without the inclusion of inducements or penalties	16197
described in division (D) of this section;	16198

(2) Acknowledge that the health insuring corporation is a	16199
third-party beneficiary to the agreement;	16200

(3) Acknowledge the health insuring corporation's role in	16201
approving the participation of the provider or health care	16202
facility, pursuant to division (E) of this section.	16203

(G) Any provider contract or contract with a health care	16204
facility shall clearly specify the health insuring corporation's	16205
statutory responsibility to monitor and oversee the offering of	16206
covered health care services to its enrollees.	16207

(H)(1) A health insuring corporation shall maintain its	16208
provider contracts and its contracts with health care facilities	16209
at one or more of its places of business in this state, and shall	16210
provide copies of these contracts to facilitate regulatory review	16211
upon written notice by the superintendent of insurance.	16212

(2) Any contract with an intermediary organization that	16213
accepts compensation shall include provisions requiring the	16214
intermediary organization to provide the superintendent with	16215
regulatory access to all books, records, financial information,	16216
and documents related to the provision of health care services to	16217
subscribers and enrollees under the contract. The contract shall	16218
require the intermediary organization to maintain such books,	16219
records, financial information, and documents at its principal	16220
place of business in this state and to preserve them for at least	16221
three years in a manner that facilitates regulatory review.	16222

(I)(1) A health insuring corporation shall notify its	16223
affected enrollees of the termination of a contract for the	16224
provision of health care services between the health insuring	16225
corporation and a primary care physician or hospital, by mail,	16226
within thirty days after the termination of the contract.	16227

(a) Notice shall be given to subscribers of the termination	16228
of a contract with a primary care physician if the subscriber, or	16229
a dependent covered under the subscriber's health care coverage,	16230
has received health care services from the primary care physician	16231
within the previous twelve months or if the subscriber or	16232
dependent has selected the physician as the subscriber's or	16233
dependent's primary care physician within the previous twelve	16234
months.	16235

(b) Notice shall be given to subscribers of the termination	16236
of a contract with a hospital if the subscriber, or a dependent	16237
covered under the subscriber's health care coverage, has received	16238
health care services from that hospital within the previous twelve	16239
months.	16240

(2) The health insuring corporation shall pay, in accordance	16241
with the terms of the contract, for all covered health care	16242
services rendered to an enrollee by a primary care physician or	16243
hospital between the date of the termination of the contract and	16244
five days after the notification of the contract termination is	16245
mailed to a subscriber at the subscriber's last known address.	16246

(J) Divisions (A) and (B) of this section do not apply to any	16247
health insuring corporation that, on June 4, 1997, holds a	16248
certificate of authority or license to operate under Chapter 1740.	16249
of the Revised Code.	16250

(K) Nothing in this section shall restrict the governing body	16251
of a hospital from exercising the authority granted it pursuant to	16252
section 3701.351 of the Revised Code.	16253

Sec. 1761.26. Whenever the approval of the superintendent of	16254
credit unions is required under this chapter, or under an order or	16255
supervisory action issued or taken under this chapter, for a	16256
person to serve as an organizer, incorporator, director, or	16257
executive officer of a credit union share guaranty corporation, or	16258
to otherwise participate in the management of such a corporation,	16259
the superintendent shall request the superintendent of the bureau	16260
of criminal identification and investigation, or a vendor approved	16261
by the bureau, to conduct a criminal records check based on the	16262
person's fingerprints in accordance with ~~division (A)(14) of~~	16263
section 109.572 of the Revised Code. The superintendent of credit	16264
unions shall request that criminal record information from the	16265
federal bureau of investigation be obtained as part of the	16266
criminal records check. Any fee required under division (C)(3) of	16267
section 109.572 of the Revised Code shall be paid by the person	16268
who is the subject of the request.	16269

Sec. 1901.06. A municipal judge during the judge's term of	16270
office shall be a qualified elector and a resident of the	16271
territory of the court to which the judge is elected or appointed.	16272
A municipal judge shall have been admitted to the practice of law	16273
in this state and shall have been, for a total of at least six	16274
years preceding appointment or the commencement of the judge's	16275
term, engaged in the practice of law in this state or served as a	16276
judge of a court of record in any jurisdiction in the United	16277
States, or both. ~~At least two of the years of practice or service~~	16278
~~that qualify a judge shall have been in this state.~~	16279

Except as provided in section 1901.08 of the Revised Code,	16280
the first election of any newly created office of a municipal	16281
judge shall be held at the next regular municipal election	16282
occurring not less than one hundred days after the creation of the	16283
office. Except as otherwise provided in division (G) of section	16284
1901.01 of the Revised Code, the institution of a new municipal	16285
court shall take place on the first day of January next after the	16286
first election for the court.	16287

Sec. 1901.18. (A) Except as otherwise provided in this	16288
division or section 1901.181 of the Revised Code, subject to the	16289
monetary jurisdiction of municipal courts as set forth in section	16290
1901.17 of the Revised Code, a municipal court has original	16291
jurisdiction within its territory in all of the following actions	16292
or proceedings and to perform all of the following functions:	16293

(1) In any civil action, of whatever nature or remedy, of	16294
which judges of county courts have jurisdiction;	16295

(2) In any action or proceeding at law for the recovery of	16296
money or personal property of which the court of common pleas has	16297
jurisdiction;	16298

(3) In any action at law based on contract, to determine,	16299
preserve, and enforce all legal and equitable rights involved in	16300
the contract, to decree an accounting, reformation, or	16301
cancellation of the contract, and to hear and determine all legal	16302
and equitable remedies necessary or proper for a complete	16303
determination of the rights of the parties to the contract;	16304

(4) In any action or proceeding for the sale of personal	16305
property under chattel mortgage, lien, encumbrance, or other	16306
charge, for the foreclosure and marshalling of liens on personal	16307
property of that nature, and for the rendering of personal	16308
judgment in the action or proceeding;	16309

(5) In any action or proceeding to enforce the collection of	16310
its own judgments or the judgments rendered by any court within	16311
the territory to which the municipal court has succeeded, and to	16312
subject the interest of a judgment debtor in personal property to	16313
satisfy judgments enforceable by the municipal court;	16314

(6) In any action or proceeding in the nature of	16315
interpleader;	16316

(7) In any action of replevin;

16317

(8) In any action of forcible entry and detainer;

16318

(9) In any action concerning the issuance and enforcement of	16319
temporary protection orders pursuant to section 2919.26 of the	16320
Revised Code or protection orders pursuant to section 2903.213 of	16321
the Revised Code or the enforcement of protection orders issued by	16322
courts of another state, as defined in section 2919.27 of the	16323
Revised Code;	16324

(10) If the municipal court has a housing or environmental	16325
division, in any action over which the division is given	16326
jurisdiction by section 1901.181 of the Revised Code, provided	16327
that, except as specified in division (B) of that section, no	16328
judge of the court other than the judge of the division shall hear	16329
or determine any action over which the division has jurisdiction;	16330

(11) In any action brought pursuant to division (I) of	16331
section ~~3733.11~~4781.40 of the Revised Code, if the residential	16332
premises that are the subject of the action are located within the	16333
territorial jurisdiction of the court;	16334

(12) In any civil action as described in division (B)(1) of	16335
section 3767.41 of the Revised Code that relates to a public	16336
nuisance, and, to the extent any provision of this chapter	16337
conflicts or is inconsistent with a provision of that section, the	16338
provision of that section shall control in the civil action;	16339

(13) In a proceeding brought pursuant to section 955.222 of	16340
the Revised Code by the owner of a dog that has been designated as	16341
a nuisance dog, dangerous dog, or vicious dog.	16342

(B) The Cleveland municipal court also shall have	16343
jurisdiction within its territory in all of the following actions	16344
or proceedings and to perform all of the following functions:	16345

(1) In all actions and proceedings for the sale of real	16346
property under lien of a judgment of the municipal court or a lien	16347
for machinery, material, or fuel furnished or labor performed,	16348
irrespective of amount, and, in those actions and proceedings, the	16349
court may proceed to foreclose and marshal all liens and all	16350
vested or contingent rights, to appoint a receiver, and to render	16351
personal judgment irrespective of amount in favor of any party.	16352

(2) In all actions for the foreclosure of a mortgage on real	16353
property given to secure the payment of money or the enforcement	16354
of a specific lien for money or other encumbrance or charge on	16355
real property, when the amount claimed by the plaintiff does not	16356
exceed fifteen thousand dollars and the real property is situated	16357
within the territory, and, in those actions, the court may proceed	16358
to foreclose all liens and all vested and contingent rights and	16359
may proceed to render judgments and make findings and orders	16360
between the parties in the same manner and to the same extent as	16361
in similar actions in the court of common pleas.	16362

(3) In all actions for the recovery of real property situated	16363
within the territory to the same extent as courts of common pleas	16364
have jurisdiction;	16365

(4) In all actions for injunction to prevent or terminate	16366
violations of the ordinances and regulations of the city of	16367
Cleveland enacted or promulgated under the police power of the	16368
city of Cleveland, pursuant to Section 3 of Article XVIII, Ohio	16369
Constitution, over which the court of common pleas has or may have	16370
jurisdiction, and, in those actions, the court may proceed to	16371
render judgments and make findings and orders in the same manner	16372
and to the same extent as in similar actions in the court of	16373
common pleas.	16374

Sec. 1907.13. A county court judge, at the time of filing a	16375
nominating petition for the office or at the time of appointment	16376
to the office and during the judge's term of office, shall be a	16377
qualified elector and a resident of the county court district in	16378
which the judge is elected or appointed. A county court judge does	16379
not have to be a resident of an area of separate jurisdiction in	16380
the county court district to which the judge may be assigned	16381
pursuant to section 1907.15 of the Revised Code. Every county	16382
court judge shall have been admitted to the practice of law in	16383
this state and shall have been engaged, for a total of at least	16384
six years preceding the judge's appointment or the commencement of	16385
the judge's term, in the practice of law in ~~any jurisdiction in~~	16386
~~the United States~~this state, except that the six-year practice	16387
requirement does not apply to a county court judge who is holding	16388
office on ~~July 2, 2010~~the effective date of the amendment of	16389
this section by H.B. 487 of the 129th general assembly, and who	16390
subsequently is a candidate for that office. ~~At least two of the~~	16391
~~years of practice that qualify a judge shall have been in this~~	16392
~~state.~~	16393

Judges shall be elected by the electors of the county court	16394
district at the general election in even-numbered years as set	16395
forth in section 1907.11 of the Revised Code for a term of six	16396
years commencing on the first day of January following the	16397
election for the county court or on the dates specified in section	16398
1907.11 of the Revised Code for particular county court judges.	16399
Their successors shall be elected in even-numbered years every six	16400
years.	16401

All candidates for county court judge shall be nominated by	16402
petition. The nominating petition shall be in the general form and	16403
signed and verified as prescribed by section 3513.261 of the	16404
Revised Code and shall be signed by the lesser of fifty qualified	16405
electors of the county court district or a number of qualified	16406
electors of the county court district not less than one per cent	16407
of the number of electors who voted for governor at the most	16408
recent regular state election in the district. A nominating	16409
petition shall not be accepted for filing or filed if it appears	16410
on its face to contain signatures aggregating in number more than	16411
twice the minimum aggregate number of signatures required by this	16412
section. A nominating petition shall be filed with the board of	16413
elections not later than four p.m. of the ninetieth day before the	16414
day of the general election.	16415

Sec. 1909.11. A county court judge has jurisdiction in any	16416
action brought pursuant to division (I) of section ~~3733.11~~4781.40	16417
of the Revised Code if the residential premises that are the	16418
subject of the action are located within the territorial	16419
jurisdiction of the judge's county court district.	16420

Sec. 1923.01. (A) As provided in this chapter, any judge of	16421
a county or municipal court or a court of common pleas, within the	16422
judge's proper area of jurisdiction, may inquire about persons who	16423
make unlawful and forcible entry into lands or tenements and	16424
detain them, and about persons who make a lawful and peaceable	16425
entry into lands or tenements and hold them unlawfully and by	16426
force. If, upon the inquiry, it is found that an unlawful and	16427
forcible entry has been made and the lands or tenements are	16428
detained, or that, after a lawful entry, lands or tenements are	16429
held unlawfully and by force, a judge shall cause the plaintiff in	16430
an action under this chapter to have restitution of the lands or	16431
tenements.	16432

(B) An action shall be brought under this chapter within two	16433
years after the cause of action accrues.	16434

16435

(1) "Tenant" means a person who is entitled under a rental	16436
agreement to the use or occupancy of premises, other than premises	16437
located in a manufactured home park, to the exclusion of others,	16438
except that as used in division (A)(6) of section 1923.02 and	16439
section 1923.051 of the Revised Code, "tenant" includes a	16440
manufactured home park resident.	16441

(2) "Landlord" means the owner, lessor, or sublessor of	16442
premises, or the agent or person the landlord authorizes to manage	16443
premises or to receive rent from a tenant under a rental	16444
agreement, except, if required by the facts of the action to which	16445
the term is applied, "landlord" means a park operator.	16446

(3) "Resident" has the same meaning as in section ~~3733.01~~	16447
4781.01 of the Revised Code.	16448

(4) "Residential premises" has the same meaning as in section	16449
5321.01 of the Revised Code, except, if required by the facts of	16450
the action to which the term is applied, "residential premises"	16451
has the same meaning as in section ~~3733.01~~4781.01 of the Revised	16452
Code.	16453

(5) "Rental agreement" means any agreement or lease, written	16454
or oral, that establishes or modifies the terms, conditions,	16455
rules, or other provisions concerning the use or occupancy of	16456
premises by one of the parties to the agreement or lease, except	16457
that "rental agreement," as used in division (A)(13) of section	16458
1923.02 of the Revised Code and where the context requires as used	16459
in this chapter, means a rental agreement as defined in division	16460
(D) of section 5322.01 of the Revised Code.	16461

(6) "Controlled substance" has the same meaning as in section	16462
3719.01 of the Revised Code.	16463

(7) "School premises" has the same meaning as in section	16464
2925.01 of the Revised Code.	16465

(8) "Sexually oriented offense" and "child-victim oriented	16466
offense" have the same meanings as in section 2950.01 of the	16467
Revised Code.	16468

(9) "Recreational vehicle" and "mobile home" have the same	16469
meanings as in section 4501.01 of the Revised Code.	16470

(10) "Manufactured home" has the same meaning as in section	16471
3781.06 of the Revised Code.	16472

(11) "Manufactured home park" has the same meaning as in	16473
section ~~3733.01~~4781.01 of the Revised Code and also means any	16474
tract of land upon which one or two manufactured or mobile homes	16475
used for habitation are parked, either free of charge or for	16476
revenue purposes, pursuant to rental agreements between the owners	16477
of the manufactured or mobile homes and the owner of the tract of	16478
land.	16479

(12) "Park operator" has the same meaning as in section	16480
~~3733.01~~4781.01 of the Revised Code and also means a landlord of	16481
premises upon which one or two manufactured or mobile homes used	16482
for habitation are parked, either free of charge or for revenue	16483
purposes, pursuant to rental agreements between the owners of the	16484
manufactured or mobile homes and a landlord who is not licensed as	16485
a manufactured home park operator pursuant to Chapter ~~3733.~~4781.	16486
of the Revised Code.	16487

(13) "Personal property" means tangible personal property	16488
other than a manufactured home, mobile home, or recreational	16489
vehicle that is the subject of an action under this chapter.	16490

(14) "Preschool or child day-care center premises" has the	16491
same meaning as in section 2950.034 of the Revised Code.	16492

Sec. 1923.02. (A) Proceedings under this chapter may be had	16493
as follows:	16494

(1) Against tenants or manufactured home park residents	16495
holding over their terms;	16496

(2) Against tenants or manufactured home park residents in	16497
possession under an oral tenancy, who are in default in the	16498
payment of rent as provided in division (B) of this section;	16499

(3) In sales of real estate, on executions, orders, or other	16500
judicial process, when the judgment debtor was in possession at	16501
the time of the rendition of the judgment or decree, by virtue of	16502
which the sale was made;	16503

(4) In sales by executors, administrators, or guardians, and	16504
on partition, when any of the parties to the complaint were in	16505
possession at the commencement of the action, after the sales, so	16506
made on execution or otherwise, have been examined by the proper	16507
court and adjudged legal;	16508

(5) When the defendant is an occupier of lands or tenements,	16509
without color of title, and the complainant has the right of	16510
possession to them;	16511

(6) In any other case of the unlawful and forcible detention	16512
of lands or tenements. For purposes of this division, in addition	16513
to any other type of unlawful and forcible detention of lands or	16514
tenements, such a detention may be determined to exist when both	16515
of the following apply:	16516

(a) A tenant fails to vacate residential premises within	16517
three days after both of the following occur:	16518

(i) The tenant's landlord has actual knowledge of or has	16519
reasonable cause to believe that the tenant, any person in the	16520
tenant's household, or any person on the premises with the consent	16521
of the tenant previously has or presently is engaged in a	16522
violation of Chapter 2925. or 3719. of the Revised Code, or of a	16523
municipal ordinance that is substantially similar to any section	16524
in either of those chapters, which involves a controlled substance	16525
and which occurred in, is occurring in, or otherwise was or is	16526
connected with the premises, whether or not the tenant or other	16527
person has been charged with, has pleaded guilty to or been	16528
convicted of, or has been determined to be a delinquent child for	16529
an act that, if committed by an adult, would be a violation as	16530
described in this division. For purposes of this division, a	16531
landlord has "actual knowledge of or has reasonable cause to	16532
believe" that a tenant, any person in the tenant's household, or	16533
any person on the premises with the consent of the tenant	16534
previously has or presently is engaged in a violation as described	16535
in this division if a search warrant was issued pursuant to	16536
Criminal Rule 41 or Chapter 2933. of the Revised Code; the	16537
affidavit presented to obtain the warrant named or described the	16538
tenant or person as the individual to be searched and particularly	16539
described the tenant's premises as the place to be searched, named	16540
or described one or more controlled substances to be searched for	16541
and seized, stated substantially the offense under Chapter 2925.	16542
or 3719. of the Revised Code or the substantially similar	16543
municipal ordinance that occurred in, is occurring in, or	16544
otherwise was or is connected with the tenant's premises, and	16545
states the factual basis for the affiant's belief that the	16546
controlled substances are located on the tenant's premises; the	16547
warrant was properly executed by a law enforcement officer and any	16548
controlled substance described in the affidavit was found by that	16549
officer during the search and seizure; and, subsequent to the	16550
search and seizure, the landlord was informed by that or another	16551
law enforcement officer of the fact that the tenant or person has	16552
or presently is engaged in a violation as described in this	16553
division and it occurred in, is occurring in, or otherwise was or	16554
is connected with the tenant's premises.	16555

(ii) The landlord gives the tenant the notice required by	16556
division (C) of section 5321.17 of the Revised Code.	16557

(b) The court determines, by a preponderance of the evidence,	16558
that the tenant, any person in the tenant's household, or any	16559
person on the premises with the consent of the tenant previously	16560
has or presently is engaged in a violation as described in	16561
division (A)(6)(a)(i) of this section.	16562

(7) In cases arising out of Chapter 5313. of the Revised	16563
Code. In those cases, the court has the authority to declare a	16564
forfeiture of the vendee's rights under a land installment	16565
contract and to grant any other claims arising out of the	16566
contract.	16567

(8) Against tenants who have breached an obligation that is	16568
imposed by section 5321.05 of the Revised Code, other than the	16569
obligation specified in division (A)(9) of that section, and that	16570
materially affects health and safety. Prior to the commencement of	16571
an action under this division, notice shall be given to the tenant	16572
and compliance secured with section 5321.11 of the Revised Code.	16573

(9) Against tenants who have breached an obligation imposed	16574
upon them by a written rental agreement;	16575

(10) Against manufactured home park residents who have	16576
defaulted in the payment of rent or breached the terms of a rental	16577
agreement with a park operator. Nothing in this division precludes	16578
the commencement of an action under division (A)(12) of this	16579
section when the additional circumstances described in that	16580
division apply.	16581

(11) Against manufactured home park residents who have	16582
committed two material violations of the rules of the manufactured	16583
home park, of the ~~public health council~~manufactured homes	16584
commission, or of applicable state and local health and safety	16585
codes and who have been notified of the violations in compliance	16586
with section ~~3733.13~~4781.45 of the Revised Code;	16587

(12) Against a manufactured home park resident, or the estate	16588
of a manufactured home park resident, who as a result of death or	16589
otherwise has been absent from the manufactured home park for a	16590
period of thirty consecutive days prior to the commencement of an	16591
action under this division and whose manufactured home or mobile	16592
home, or recreational vehicle that is parked in the manufactured	16593
home park, has been left unoccupied for that thirty-day period,	16594
without notice to the park operator and without payment of rent	16595
due under the rental agreement with the park operator;	16596

(13) Against occupants of self-service storage facilities, as	16597
defined in division (A) of section 5322.01 of the Revised Code,	16598
who have breached the terms of a rental agreement or violated	16599
section 5322.04 of the Revised Code;	16600

(14) Against any resident or occupant who, pursuant to a	16601
rental agreement, resides in or occupies residential premises	16602
located within one thousand feet of any school premises or	16603
preschool or child day-care center premises and to whom both of	16604
the following apply:	16605

(a) The resident's or occupant's name appears on the state	16606
registry of sex offenders and child-victim offenders maintained	16607
under section 2950.13 of the Revised Code.	16608

(b) The state registry of sex offenders and child-victim	16609
offenders indicates that the resident or occupant was convicted of	16610
or pleaded guilty to a sexually oriented offense or a child-victim	16611
oriented offense in a criminal prosecution and was not sentenced	16612
to a serious youthful offender dispositional sentence for that	16613
offense.	16614

(15) Against any tenant who permits any person to occupy	16615
residential premises located within one thousand feet of any	16616
school premises or preschool or child day-care center premises if	16617
both of the following apply to the person:	16618

(a) The person's name appears on the state registry of sex	16619
offenders and child-victim offenders maintained under section	16620
2950.13 of the Revised Code.	16621

(b) The state registry of sex offenders and child-victim	16622
offenders indicates that the person was convicted of or pleaded	16623
guilty to a sexually oriented offense or a child-victim oriented	16624
offense in a criminal prosecution and was not sentenced to a	16625
serious youthful offender dispositional sentence for that offense.	16626

(B) If a tenant or manufactured home park resident holding	16627
under an oral tenancy is in default in the payment of rent, the	16628
tenant or resident forfeits the right of occupancy, and the	16629
landlord may, at the landlord's option, terminate the tenancy by	16630
notifying the tenant or resident, as provided in section 1923.04	16631
of the Revised Code, to leave the premises, for the restitution of	16632
which an action may then be brought under this chapter.	16633

(C)(1) If a tenant or any other person with the tenant's	16634
permission resides in or occupies residential premises that are	16635
located within one thousand feet of any school premises and is a	16636
resident or occupant of the type described in division (A)(14) of	16637
this section or a person of the type described in division (A)(15)	16638
of this section, the landlord for those residential premises, upon	16639
discovery that the tenant or other person is a resident, occupant,	16640
or person of that nature, may terminate the rental agreement or	16641
tenancy for those residential premises by notifying the tenant and	16642
all other occupants, as provided in section 1923.04 of the Revised	16643
Code, to leave the premises.	16644

(2) If a landlord is authorized to terminate a rental	16645
agreement or tenancy pursuant to division (C)(1) of this section	16646
but does not so terminate the rental agreement or tenancy, the	16647
landlord is not liable in a tort or other civil action in damages	16648
for any injury, death, or loss to person or property that	16649
allegedly result from that decision.	16650

(D) This chapter does not apply to a student tenant as	16651
defined by division (H) of section 5321.01 of the Revised Code	16652
when the college or university proceeds to terminate a rental	16653
agreement pursuant to section 5321.031 of the Revised Code.	16654

Sec. 1923.061. (A) Any defense in an action under this	16655
chapter may be asserted at trial.	16656

(B) In an action for possession of residential premises based	16657
upon nonpayment of the rent or in an action for rent when the	16658
tenant or manufactured home park resident is in possession, the	16659
tenant or resident may counterclaim for any amount hethe tenant	16660
or resident may recover under the rental agreement or under	16661
Chapter ~~3733.~~4781. or 5321. of the Revised Code. In that event,	16662
the court from time to time may order the tenant or resident to	16663
pay into court all or part of the past due rent and rent becoming	16664
due during the pendency of the action. After trial and judgment,	16665
the party to whom a net judgment is owed shall be paid first from	16666
the money paid into court, and any balance shall be satisfied as	16667
any other judgment. If no rent remains due after application of	16668
this division, judgment shall be entered for the tenant or	16669
resident in the action for possession. If the tenant or resident	16670
has paid into court an amount greater than that necessary to	16671
satisfy a judgment obtained by the landlord, the balance shall be	16672
returned by the court to the tenant or resident.	16673

Sec. 1923.15. During any proceeding involving residential	16674
premises under this chapter, the court may order an appropriate	16675
governmental agency to inspect the residential premises. If the	16676
agency determines and the court finds conditions which constitute	16677
a violation of section ~~3733.10~~4781.38 or 5321.04 of the Revised	16678
Code, and if the premises have been vacated or are to be restored	16679
to the landlord, the court may issue an order forbidding the	16680
re-rental of the property until such conditions are corrected. If	16681
the agency determines and the court finds such conditions, and if	16682
the court finds that the tenant or manufactured home park resident	16683
may remain in possession, the court may order such conditions	16684
corrected. If such conditions have been caused by the tenant or	16685
resident, the court may award damages to the landlord equal to the	16686
reasonable cost of correcting such conditions.	16687

Sec. 2151.33. (A) Pending hearing of a complaint filed under	16688
section 2151.27 of the Revised Code or a motion filed or made	16689
under division (B) of this section and the service of citations,	16690
the juvenile court may make any temporary disposition of any child	16691
that it considers necessary to protect the best interest of the	16692
child and that can be made pursuant to division (B) of this	16693
section. Upon the certificate of one or more reputable practicing	16694
physicians, the court may summarily provide for emergency medical	16695
and surgical treatment that appears to be immediately necessary to	16696
preserve the health and well-being of any child concerning whom a	16697
complaint or an application for care has been filed, pending the	16698
service of a citation upon the child's parents, guardian, or	16699
custodian. The court may order the parents, guardian, or	16700
custodian, if the court finds the parents, guardian, or custodian	16701
able to do so, to reimburse the court for the expense involved in	16702
providing the emergency medical or surgical treatment. Any person	16703
who disobeys the order for reimbursement may be adjudged in	16704
contempt of court and punished accordingly.	16705

If the emergency medical or surgical treatment is furnished	16706
to a child who is found at the hearing to be a nonresident of the	16707
county in which the court is located and if the expense of the	16708
medical or surgical treatment cannot be recovered from the	16709
parents, legal guardian, or custodian of the child, the board of	16710
county commissioners of the county in which the child has a legal	16711
settlement shall reimburse the court for the reasonable cost of	16712
the emergency medical or surgical treatment out of its general	16713
fund.	16714

(B)(1) After a complaint, petition, writ, or other document	16715
initiating a case dealing with an alleged or adjudicated abused,	16716
neglected, or dependent child is filed and upon the filing or	16717
making of a motion pursuant to division (C) of this section, the	16718
court, prior to the final disposition of the case, may issue any	16719
of the following temporary orders to protect the best interest of	16720
the child:	16721

(a) An order granting temporary custody of the child to a	16722
particular party;	16723

(b) An order for the taking of the child into custody	16724
pursuant to section 2151.31 of the Revised Code pending the	16725
outcome of the adjudicatory and dispositional hearings;	16726

(c) An order granting, limiting, or eliminating parenting	16727
time or visitation rights with respect to the child;	16728

(d) An order requiring a party to vacate a residence that	16729
will be lawfully occupied by the child;	16730

(e) An order requiring a party to attend an appropriate	16731
counseling program that is reasonably available to that party;	16732

(f) Any other order that restrains or otherwise controls the	16733
conduct of any party which conduct would not be in the best	16734
interest of the child.	16735

(2) Prior to the final disposition of a case subject to	16736
division (B)(1) of this section, the court shall do both of the	16737
following:	16738

(a) Issue an order pursuant to Chapters 3119. to 3125. of the	16739
Revised Code requiring the parents, guardian, or person charged	16740
with the child's support to pay support for the child.	16741

(b) Issue an order requiring the parents, guardian, or person	16742
charged with the child's support to continue to maintain any	16743
health insurance coverage for the child that existed at the time	16744
of the filing of the complaint, petition, writ, or other document,	16745
or to obtain health insurance coverage in accordance with sections	16746
3119.29 to 3119.56 of the Revised Code.	16747

(C)(1) A court may issue an order pursuant to division (B) of	16748
this section upon its own motion or if a party files a written	16749
motion or makes an oral motion requesting the issuance of the	16750
order and stating the reasons for it. Any notice sent by the court	16751
as a result of a motion pursuant to this division shall contain a	16752
notice that any party to a juvenile proceeding has the right to be	16753
represented by counsel and to have appointed counsel if the person	16754
is indigent.	16755

(2) If a child is taken into custody pursuant to section	16756
2151.31 of the Revised Code and placed in shelter care, the public	16757
children services agency or private child placing agency with	16758
which the child is placed in shelter care shall file or make a	16759
motion as described in division (C)(1) of this section before the	16760
end of the next day immediately after the date on which the child	16761
was taken into custody and, at a minimum, shall request an order	16762
for temporary custody under division (B)(1)(a) of this section.	16763

(3) A court that issues an order pursuant to division	16764
(B)(1)(b) of this section shall comply with section 2151.419 of	16765
the Revised Code.	16766

(D) The court may grant an ex parte order upon its own motion	16767
or a motion filed or made pursuant to division (C) of this section	16768
requesting such an order if it appears to the court that the best	16769
interest and the welfare of the child require that the court issue	16770
the order immediately. The court, if acting on its own motion, or	16771
the person requesting the granting of an ex parte order, to the	16772
extent possible, shall give notice of its intent or of the request	16773
to the parents, guardian, or custodian of the child who is the	16774
subject of the request. If the court issues an ex parte order, the	16775
court shall hold a hearing to review the order within seventy-two	16776
hours after it is issued or before the end of the next day after	16777
the day on which it is issued, whichever occurs first. The court	16778
shall give written notice of the hearing to all parties to the	16779
action and shall appoint a guardian ad litem for the child prior	16780
to the hearing.	16781

The written notice shall be given by all means that are	16782
reasonably likely to result in the party receiving actual notice	16783
and shall include all of the following:	16784

(1) The date, time, and location of the hearing;

16785

(2) The issues to be addressed at the hearing;

16786

(3) A statement that every party to the hearing has a right	16787
to counsel and to court-appointed counsel, if the party is	16788
indigent;	16789

(4) The name, telephone number, and address of the person	16790
requesting the order;	16791

(5) A copy of the order, except when it is not possible to	16792
obtain it because of the exigent circumstances in the case.	16793

If the court does not grant an ex parte order pursuant to a	16794
motion filed or made pursuant to division (C) of this section or	16795
its own motion, the court shall hold a shelter care hearing on the	16796
motion within ten days after the motion is filed. The court shall	16797
give notice of the hearing to all affected parties in the same	16798
manner as set forth in the Juvenile Rules.	16799

(E) The court, pending the outcome of the adjudicatory and	16800
dispositional hearings, shall not issue an order granting	16801
temporary custody of a child to a public children services agency	16802
or private child placing agency pursuant to this section, unless	16803
the court determines and specifically states in the order that the	16804
continued residence of the child in the child's current home will	16805
be contrary to the child's best interest and welfare and the court	16806
complies with section 2151.419 of the Revised Code.	16807

(F) Each public children services agency and private child	16808
placing agency that receives temporary custody of a child pursuant	16809
to this section shall maintain in the child's case record written	16810
documentation that it has placed the child, to the extent that it	16811
is consistent with the best interest, welfare, and special needs	16812
of the child, in the most family-like setting available and in	16813
close proximity to the home of the parents, custodian, or guardian	16814
of the child.	16815

(G) For good cause shown, any court order that is issued	16816
pursuant to this section may be reviewed by the court at any time	16817
upon motion of any party to the action or upon the motion of the	16818
court.	16819

(H)(1) Pending the hearing of a complaint filed under section	16820
2151.27 of the Revised Code or a motion filed or made under	16821
division (B) of this section and the service of citations, a	16822
public children services agency may request that the	16823
superintendent of the bureau of criminal identification and	16824
investigation conduct a criminal records check with respect to	16825
each parent, guardian, custodian, prospective custodian, or	16826
prospective placement whose actions resulted in a temporary	16827
disposition under division (A) of this section. The public	16828
children services agency may request that the superintendent	16829
obtain information from the federal bureau of investigation as	16830
part of the criminal records check of each parent, guardian,	16831
custodian, prospective custodian, or prospective placement.	16832

(2) Each public children services agency authorized by	16833
division (H) of this section to request a criminal records check	16834
shall do both of the following:	16835

(a) Provide to each parent, guardian, custodian, prospective	16836
custodian, or prospective placement for whom a criminal records	16837
check is requested a copy of the form prescribed pursuant to	16838
division (C)(1) of section 109.572 of the Revised Code and a	16839
standard fingerprint impression sheet prescribed pursuant to	16840
division (C)(2) of that section and obtain the completed form and	16841
impression sheet from the parent, guardian, custodian, prospective	16842
custodian, or prospective placement;	16843

(b) Forward the completed form and impression sheet to the	16844
superintendent of the bureau of criminal identification and	16845
investigation.	16846

(3) A parent, guardian, custodian, prospective custodian, or	16847
prospective placement who is given a form and fingerprint	16848
impression sheet under division (H)(2)(a) of this section and who	16849
fails to complete the form or provide fingerprint impressions may	16850
be held in contempt of court.	16851

Sec. 2151.412. (A) Each public children services agency and	16852
private child placing agency shall prepare and maintain a case	16853
plan for any child to whom the agency is providing services and to	16854
whom any of the following applies:	16855

(1) The agency filed a complaint pursuant to section 2151.27	16856
of the Revised Code alleging that the child is an abused,	16857
neglected, or dependent child;	16858

(2) The agency has temporary or permanent custody of the	16859
child;	16860

(3) The child is living at home subject to an order for	16861
protective supervision;	16862

(4) The child is in a planned permanent living arrangement.

16863

Except as provided by division (A)(2) of section 5103.153 of	16864
the Revised Code, a private child placing agency providing	16865
services to a child who is the subject of a voluntary permanent	16866
custody surrender agreement entered into under division (B)(2) of	16867
section 5103.15 of the Revised Code is not required to prepare and	16868
maintain a case plan for that child.	16869

(B) Each public children services agency shall prepare and	16870
maintain a case plan or a family service plan for any child for	16871
whom the agency is providing in-home services pursuant to an	16872
alternative response.	16873

(C)(1) The director of job and family services shall adopt	16874
rules pursuant to Chapter 119. of the Revised Code setting forth	16875
the content and format of case plans required by division (A) of	16876
this section and establishing procedures for developing,	16877
implementing, and changing the case plans. The rules shall at a	16878
minimum comply with the requirements of Title IV-E of the "Social	16879
Security Act," 94 Stat. 501, 42 U.S.C. 671 (1980), as amended.	16880

(2) The director of job and family services shall adopt rules	16881
pursuant to Chapter 119. of the Revised Code requiring public	16882
children services agencies and private child placing agencies to	16883
maintain case plans for children and their families who are	16884
receiving services in their homes from the agencies and for whom	16885
case plans are not required by division (A) of this section. The	16886
rules for public children services agencies shall include the	16887
requirements for case plans or family service plans maintained for	16888
children and their families who are receiving services in their	16889
homes from public children services agencies pursuant to an	16890
alternative response. The agencies shall maintain case plans and	16891
family service plans as required by those rules; however, the case	16892
plans and family service plans shall not be subject to any other	16893
provision of this section except as specifically required by the	16894
rules.	16895

(D) Each public children services agency and private child	16896
placing agency that is required by division (A) of this section to	16897
maintain a case plan shall file the case plan with the court prior	16898
to the child's adjudicatory hearing but no later than thirty days	16899
after the earlier of the date on which the complaint in the case	16900
was filed or the child was first placed into shelter care. If the	16901
agency does not have sufficient information prior to the	16902
adjudicatory hearing to complete any part of the case plan, the	16903
agency shall specify in the case plan the additional information	16904
necessary to complete each part of the case plan and the steps	16905
that will be taken to obtain that information. All parts of the	16906
case plan shall be completed by the earlier of thirty days after	16907
the adjudicatory hearing or the date of the dispositional hearing	16908
for the child.	16909

(E) Any agency that is required by division (A) of this	16910
section to prepare a case plan shall attempt to obtain an	16911
agreement among all parties, including, but not limited to, the	16912
parents, guardian, or custodian of the child and the guardian ad	16913
litem of the child regarding the content of the case plan. If all	16914
parties agree to the content of the case plan and the court	16915
approves it, the court shall journalize it as part of its	16916
dispositional order. If the agency cannot obtain an agreement upon	16917
the contents of the case plan or the court does not approve it,	16918
the parties shall present evidence on the contents of the case	16919
plan at the dispositional hearing. The court, based upon the	16920
evidence presented at the dispositional hearing and the best	16921
interest of the child, shall determine the contents of the case	16922
plan and journalize it as part of the dispositional order for the	16923
child.	16924

(F)(1) All parties, including the parents, guardian, or	16925
custodian of the child, are bound by the terms of the journalized	16926
case plan. A party that fails to comply with the terms of the	16927
journalized case plan may be held in contempt of court.	16928

(2) Any party may propose a change to a substantive part of	16929
the case plan, including, but not limited to, the child's	16930
placement and the visitation rights of any party. A party	16931
proposing a change to the case plan shall file the proposed change	16932
with the court and give notice of the proposed change in writing	16933
before the end of the day after the day of filing it to all	16934
parties and the child's guardian ad litem. All parties and the	16935
guardian ad litem shall have seven days from the date the notice	16936
is sent to object to and request a hearing on the proposed change.	16937

(a) If it receives a timely request for a hearing, the court	16938
shall schedule a hearing pursuant to section 2151.417 of the	16939
Revised Code to be held no later than thirty days after the	16940
request is received by the court. The court shall give notice of	16941
the date, time, and location of the hearing to all parties and the	16942
guardian ad litem. The agency may implement the proposed change	16943
after the hearing, if the court approves it. The agency shall not	16944
implement the proposed change unless it is approved by the court.	16945

(b) If it does not receive a timely request for a hearing,	16946
the court may approve the proposed change without a hearing. If	16947
the court approves the proposed change without a hearing, it shall	16948
journalize the case plan with the change not later than fourteen	16949
days after the change is filed with the court. If the court does	16950
not approve the proposed change to the case plan, it shall	16951
schedule a hearing to be held pursuant to section 2151.417 of the	16952
Revised Code no later than thirty days after the expiration of the	16953
fourteen-day time period and give notice of the date, time, and	16954
location of the hearing to all parties and the guardian ad litem	16955
of the child. If, despite the requirements of division (F)(2) of	16956
this section, the court neither approves and journalizes the	16957
proposed change nor conducts a hearing, the agency may implement	16958
the proposed change not earlier than fifteen days after it is	16959
submitted to the court.	16960

(3) If an agency has reasonable cause to believe that a child	16961
is suffering from illness or injury and is not receiving proper	16962
care and that an appropriate change in the child's case plan is	16963
necessary to prevent immediate or threatened physical or emotional	16964
harm, to believe that a child is in immediate danger from the	16965
child's surroundings and that an immediate change in the child's	16966
case plan is necessary to prevent immediate or threatened physical	16967
or emotional harm to the child, or to believe that a parent,	16968
guardian, custodian, or other member of the child's household has	16969
abused or neglected the child and that the child is in danger of	16970
immediate or threatened physical or emotional harm from that	16971
person unless the agency makes an appropriate change in the	16972
child's case plan, it may implement the change without prior	16973
agreement or a court hearing and, before the end of the next day	16974
after the change is made, give all parties, the guardian ad litem	16975
of the child, and the court notice of the change. Before the end	16976
of the third day after implementing the change in the case plan,	16977
the agency shall file a statement of the change with the court and	16978
give notice of the filing accompanied by a copy of the statement	16979
to all parties and the guardian ad litem. All parties and the	16980
guardian ad litem shall have ten days from the date the notice is	16981
sent to object to and request a hearing on the change.	16982

(a) If it receives a timely request for a hearing, the court	16983
shall schedule a hearing pursuant to section 2151.417 of the	16984
Revised Code to be held no later than thirty days after the	16985
request is received by the court. The court shall give notice of	16986
the date, time, and location of the hearing to all parties and the	16987
guardian ad litem. The agency shall continue to administer the	16988
case plan with the change after the hearing, if the court approves	16989
the change. If the court does not approve the change, the court	16990
shall make appropriate changes to the case plan and shall	16991
journalize the case plan.	16992

(b) If it does not receive a timely request for a hearing,	16993
the court may approve the change without a hearing. If the court	16994
approves the change without a hearing, it shall journalize the	16995
case plan with the change within fourteen days after receipt of	16996
the change. If the court does not approve the change to the case	16997
plan, it shall schedule a hearing under section 2151.417 of the	16998
Revised Code to be held no later than thirty days after the	16999
expiration of the fourteen-day time period and give notice of the	17000
date, time, and location of the hearing to all parties and the	17001
guardian ad litem of the child.	17002

(G)(1) All case plans for children in temporary custody shall	17003
have the following general goals:	17004

(a) Consistent with the best interest and special needs of	17005
the child, to achieve a safe out-of-home placement in the least	17006
restrictive, most family-like setting available and in close	17007
proximity to the home from which the child was removed or the home	17008
in which the child will be permanently placed;	17009

(b) To eliminate with all due speed the need for the	17010
out-of-home placement so that the child can safely return home.	17011

(2) The director of job and family services shall adopt rules	17012
pursuant to Chapter 119. of the Revised Code setting forth the	17013
general goals of case plans for children subject to dispositional	17014
orders for protective supervision, a planned permanent living	17015
arrangement, or permanent custody.	17016

(H) In the agency's development of a case plan and the	17017
court's review of the case plan, the child's health and safety	17018
shall be the paramount concern. The agency and the court shall be	17019
guided by the following general priorities:	17020

(1) A child who is residing with or can be placed with the	17021
child's parents within a reasonable time should remain in their	17022
legal custody even if an order of protective supervision is	17023
required for a reasonable period of time;	17024

(2) If both parents of the child have abandoned the child,	17025
have relinquished custody of the child, have become incapable of	17026
supporting or caring for the child even with reasonable	17027
assistance, or have a detrimental effect on the health, safety,	17028
and best interest of the child, the child should be placed in the	17029
legal custody of a suitable member of the child's extended family;	17030

(3) If a child described in division (H)(2) of this section	17031
has no suitable member of the child's extended family to accept	17032
legal custody, the child should be placed in the legal custody of	17033
a suitable nonrelative who shall be made a party to the	17034
proceedings after being given legal custody of the child;	17035

(4) If the child has no suitable member of the child's	17036
extended family to accept legal custody of the child and no	17037
suitable nonrelative is available to accept legal custody of the	17038
child and, if the child temporarily cannot or should not be placed	17039
with the child's parents, guardian, or custodian, the child should	17040
be placed in the temporary custody of a public children services	17041
agency or a private child placing agency;	17042

(5) If the child cannot be placed with either of the child's	17043
parents within a reasonable period of time or should not be placed	17044
with either, if no suitable member of the child's extended family	17045
or suitable nonrelative is available to accept legal custody of	17046
the child, and if the agency has a reasonable expectation of	17047
placing the child for adoption, the child should be committed to	17048
the permanent custody of the public children services agency or	17049
private child placing agency;	17050

(6) If the child is to be placed for adoption or foster care,	17051
the placement shall not be delayed or denied on the basis of the	17052
child's or adoptive or foster family's race, color, or national	17053
origin.	17054

(I) The case plan for a child in temporary custody shall	17055
include at a minimum the following requirements if the child is or	17056
has been the victim of abuse or neglect or if the child witnessed	17057
the commission in the child's household of abuse or neglect	17058
against a sibling of the child, a parent of the child, or any	17059
other person in the child's household:	17060

(1) A requirement that the child's parents, guardian, or	17061
custodian participate in mandatory counseling;	17062

(2) A requirement that the child's parents, guardian, or	17063
custodian participate in any supportive services that are required	17064
by or provided pursuant to the child's case plan.	17065

(J) A case plan may include, as a supplement, a plan for	17066
locating a permanent family placement. The supplement shall not be	17067
considered part of the case plan for purposes of division (E) of	17068
this section.	17069

(K)(1) A public children services agency may request that the	17070
superintendent of the bureau of criminal identification and	17071
investigation conduct a criminal records check with respect to a	17072
parent, guardian, custodian, prospective custodian, or prospective	17073
placement whose actions result in a finding under division (A)(1)	17074
of this section that a child is an abused, neglected, or dependent	17075
child. The public children services agency shall request that the	17076
superintendent obtain information from the federal bureau of	17077
investigation as part of the criminal records check.	17078

(2) A public children services agency that requests a	17079
criminal records check under division (K)(1) of this section shall	17080
do both of the following:	17081

(a) Provide to each parent, guardian, custodian, prospective	17082
custodian, or prospective placement for whom a criminal records	17083
check is requested a copy of the form prescribed pursuant to	17084
division (C)(1) of section 109.572 of the Revised Code and a	17085
standard fingerprint impression sheet prescribed pursuant to	17086
division (C)(2) of that section and obtain the completed form and	17087
impression sheet from the parent, guardian, custodian, prospective	17088
custodian, or prospective placement;	17089

(b) Forward the completed form and impression sheet to the	17090
superintendent of the bureau of criminal identification and	17091
investigation.	17092

(3) A parent, guardian, custodian, prospective custodian, or	17093
prospective placement who is given a form and fingerprint	17094
impression sheet under division (K)(2)(a) of this section and who	17095
fails to complete the form or provide fingerprint impressions may	17096
be held in contempt of court.	17097

Sec. 2151.86. (A)(1) The appointing or hiring officer of any	17098
entity that appoints or employs any person responsible for a	17099
child's care in out-of-home care shall request the superintendent	17100
of BCII to conduct a criminal records check with respect to any	17101
person who is under final consideration for appointment or	17102
employment as a person responsible for a child's care in	17103
out-of-home care, except that section 3319.39 of the Revised Code	17104
shall apply instead of this section if the out-of-home care entity	17105
is a public school, educational service center, or chartered	17106
nonpublic school.	17107

(2) At the times specified in this division, the	17108
administrative director of an agency, or attorney, who arranges an	17109
adoption for a prospective adoptive parent shall request the	17110
superintendent of BCII to conduct a criminal records check with	17111
respect to that prospective adoptive parent and a criminal records	17112
check with respect to all persons eighteen years of age or older	17113
who reside with the prospective adoptive parent. The	17114
administrative director or attorney shall request a criminal	17115
records check pursuant to this division at the time of the initial	17116
home study, every four years after the initial home study at the	17117
time of an update, and at the time that an adoptive home study is	17118
completed as a new home study.	17119

(3) Before a recommending agency submits a recommendation to	17120
the department of job and family services on whether the	17121
department should issue a certificate to a foster home under	17122
section 5103.03 of the Revised Code, and every four years	17123
thereafter prior to a recertification under that section, the	17124
administrative director of the agency shall request that the	17125
superintendent of BCII conduct a criminal records check with	17126
respect to the prospective foster caregiver and a criminal records	17127
check with respect to all other persons eighteen years of age or	17128
older who reside with the foster caregiver.	17129

(B)(1) If a person subject to a criminal records check under	17130
division (A)(1) of this section does not present proof that the	17131
person has been a resident of this state for the five-year period	17132
immediately prior to the date upon which the criminal records	17133
check is requested or does not provide evidence that within that	17134
five-year period the superintendent of BCII has requested	17135
information about the person from the federal bureau of	17136
investigation in a criminal records check, the appointing or	17137
hiring officer shall request that the superintendent of BCII	17138
obtain information from the federal bureau of investigation as a	17139
part of the criminal records check, including fingerprint-based	17140
checks of national crime information databases as described in 42	17141
U.S.C. 671. If a person subject to a criminal records check under	17142
division (A)(1) of this section presents proof that the person has	17143
been a resident of this state for that five-year period, the	17144
appointing or hiring officer or attorney may request that the	17145
superintendent of BCII include information from the federal bureau	17146
of investigation in the criminal records check, including	17147
fingerprint-based checks of national crime information databases	17148
as described in 42 U.S.C. 671.	17149

When the administrative director of an agency, or attorney,	17150
who arranges an adoption for a prospective parent requests, at the	17151
time of the initial home study, a criminal records check for a	17152
person pursuant to division (A)(2) of this section, the	17153
administrative director or attorney shall request that the	17154
superintendent of BCII obtain information from the federal bureau	17155
of investigation as part of the criminal records check, including	17156
fingerprint-based checks of national crime information databases	17157
as described in 42 U.S.C. 671, for the person subject to the	17158
criminal records check. In all other cases in which the	17159
administrative director of an agency, or attorney, who arranges an	17160
adoption for a prospective parent requests a criminal records	17161
check for a person pursuant to division (A)(2) of this section,	17162
the administrative director or attorney may request that the	17163
superintendent of BCII include information from the federal bureau	17164
of investigation in the criminal records check, including	17165
fingerprint-based checks of national crime information databases	17166
as described in 42 U.S.C. 671.	17167

When the administrative director of a recommending agency	17168
requests, before submitting a recommendation to the department of	17169
job and family services on whether the department should issue a	17170
certificate to a foster home under section 5103.03 of the Revised	17171
Code, a criminal records check for a person pursuant to division	17172
(A)(3) of this section, the administrative director shall request	17173
that the superintendent of BCII obtain information from the	17174
federal bureau of investigation as part of a criminal records	17175
check, including fingerprint-based checks of national crime	17176
information databases as described in 42 U.S.C. 671, for the	17177
person subject to the criminal records check. In all other cases	17178
in which the administrative director of a recommending agency	17179
requests a criminal records check for a person pursuant to	17180
division (A)(3) of this section, the administrative director may	17181
request that the superintendent of BCII include information from	17182
the federal bureau of investigation in the criminal records check,	17183
including fingerprint-based checks of national crime information	17184
databases as described in 42 U.S.C. 671.	17185

Prior to a hearing on a final decree of adoption or	17186
interlocutory order of adoption by a probate court, the	17187
administrative director of an agency, or an attorney, who arranges	17188
an adoption for a prospective parent shall provide to the clerk of	17189
the probate court either of the following:	17190

(a) Any information received pursuant to a request made under	17191
this division from the superintendent of BCII or the federal	17192
bureau of investigation as part of the criminal records check,	17193
including fingerprint-based checks of national crime information	17194
databases as described in 42 U.S.C. 671, for the person subject to	17195
the criminal records check;	17196

(b) Written notification that the person subject to a	17197
criminal records check pursuant to this division failed upon	17198
request to provide the information necessary to complete the form	17199
or failed to provide impressions of the person's fingerprints as	17200
required under division (B)(2) of this section.	17201

(2) An appointing or hiring officer, administrative director,	17202
or attorney required by division (A) of this section to request a	17203
criminal records check shall provide to each person subject to a	17204
criminal records check a copy of the form prescribed pursuant to	17205
division (C)(1) of section 109.572 of the Revised Code and a	17206
standard impression sheet to obtain fingerprint impressions	17207
prescribed pursuant to division (C)(2) of section 109.572 of the	17208
Revised Code, obtain the completed form and impression sheet from	17209
the person, and forward the completed form and impression sheet to	17210
the superintendent of BCII at the time the criminal records check	17211
is requested.	17212

Any person subject to a criminal records check who receives	17213
pursuant to this division a copy of the form prescribed pursuant	17214
to division (C)(1) of section 109.572 of the Revised Code and a	17215
copy of an impression sheet prescribed pursuant to division (C)(2)	17216
of that section and who is requested to complete the form and	17217
provide a set of fingerprint impressions shall complete the form	17218
or provide all the information necessary to complete the form and	17219
shall provide the impression sheet with the impressions of the	17220
person's fingerprints. If a person subject to a criminal records	17221
check, upon request, fails to provide the information necessary to	17222
complete the form or fails to provide impressions of the person's	17223
fingerprints, the appointing or hiring officer shall not appoint	17224
or employ the person as a person responsible for a child's care in	17225
out-of-home care, a probate court may not issue a final decree of	17226
adoption or an interlocutory order of adoption making the person	17227
an adoptive parent, and the department of job and family services	17228
shall not issue a certificate authorizing the prospective foster	17229
caregiver to operate a foster home.	17230

(C)(1) No appointing or hiring officer shall appoint or	17231
employ a person as a person responsible for a child's care in	17232
out-of-home care, the department of job and family services shall	17233
not issue a certificate under section 5103.03 of the Revised Code	17234
authorizing a prospective foster caregiver to operate a foster	17235
home, and no probate court shall issue a final decree of adoption	17236
or an interlocutory order of adoption making a person an adoptive	17237
parent if the person or, in the case of a prospective foster	17238
caregiver or prospective adoptive parent, any person eighteen	17239
years of age or older who resides with the prospective foster	17240
caregiver or prospective adoptive parent previously has been	17241
convicted of or pleaded guilty to any of the violations described	17242
in division (A)~~(8)~~(5) of section 109.572 of the Revised Code,	17243
unless the person meets rehabilitation standards established in	17244
rules adopted under division (F) of this section.	17245

(2) The appointing or hiring officer may appoint or employ a	17246
person as a person responsible for a child's care in out-of-home	17247
care conditionally until the criminal records check required by	17248
this section is completed and the officer receives the results of	17249
the criminal records check. If the results of the criminal records	17250
check indicate that, pursuant to division (C)(1) of this section,	17251
the person subject to the criminal records check does not qualify	17252
for appointment or employment, the officer shall release the	17253
person from appointment or employment.	17254

(3) Prior to certification or recertification under section	17255
5103.03 of the Revised Code, the prospective foster caregiver	17256
subject to a criminal records check under division (A)(3) of this	17257
section shall notify the recommending agency of the revocation of	17258
any foster home license, certificate, or other similar	17259
authorization in another state occurring within the five years	17260
prior to the date of application to become a foster caregiver in	17261
this state. The failure of a prospective foster caregiver to	17262
notify the recommending agency of any revocation of that type in	17263
another state that occurred within that five-year period shall be	17264
grounds for denial of the person's foster home application or the	17265
revocation of the person's foster home certification, whichever is	17266
applicable. If a person has had a revocation in another state	17267
within the five years prior to the date of the application, the	17268
department of job and family services shall not issue a foster	17269
home certificate to the prospective foster caregiver.	17270

(D) The appointing or hiring officer, administrative	17271
director, or attorney shall pay to the bureau of criminal	17272
identification and investigation the fee prescribed pursuant to	17273
division (C)(3) of section 109.572 of the Revised Code for each	17274
criminal records check conducted in accordance with that section	17275
upon a request pursuant to division (A) of this section. The	17276
officer, director, or attorney may charge the person subject to	17277
the criminal records check a fee for the costs the officer,	17278
director, or attorney incurs in obtaining the criminal records	17279
check. A fee charged under this division shall not exceed the	17280
amount of fees the officer, director, or attorney pays for the	17281
criminal records check. If a fee is charged under this division,	17282
the officer, director, or attorney shall notify the person who is	17283
the applicant at the time of the person's initial application for	17284
appointment or employment, an adoption to be arranged, or a	17285
certificate to operate a foster home of the amount of the fee and	17286
that, unless the fee is paid, the person who is the applicant will	17287
not be considered for appointment or employment or as an adoptive	17288
parent or foster caregiver.	17289

(E) The report of any criminal records check conducted by the	17290
bureau of criminal identification and investigation in accordance	17291
with section 109.572 of the Revised Code and pursuant to a request	17292
made under division (A) of this section is not a public record for	17293
the purposes of section 149.43 of the Revised Code and shall not	17294
be made available to any person other than the following:	17295

(1) The person who is the subject of the criminal records	17296
check or the person's representative;	17297

(2) The appointing or hiring officer, administrative	17298
director, or attorney requesting the criminal records check or the	17299
officer's, director's, or attorney's representative;	17300

(3) The department of job and family services, a county	17301
department of job and family services, or a public children	17302
services agency;	17303

(4) Any court, hearing officer, or other necessary individual	17304
involved in a case dealing with the denial of employment, a final	17305
decree of adoption or interlocutory order of adoption, or a foster	17306
home certificate.	17307

(F) The director of job and family services shall adopt rules	17308
in accordance with Chapter 119. of the Revised Code to implement	17309
this section. The rules shall include rehabilitation standards a	17310
person who has been convicted of or pleaded guilty to an offense	17311
listed in division (A)~~(8)~~(5) of section 109.572 of the Revised	17312
Code must meet for an appointing or hiring officer to appoint or	17313
employ the person as a person responsible for a child's care in	17314
out-of-home care, a probate court to issue a final decree of	17315
adoption or interlocutory order of adoption making the person an	17316
adoptive parent, or the department to issue a certificate	17317
authorizing the prospective foster caregiver to operate a foster	17318
home or not revoke a foster home certificate for a violation	17319
specified in section 5103.0328 of the Revised Code.	17320

(G) An appointing or hiring officer, administrative director,	17321
or attorney required by division (A) of this section to request a	17322
criminal records check shall inform each person who is the	17323
applicant, at the time of the person's initial application for	17324
appointment or employment, an adoption to be arranged, or a foster	17325
home certificate, that the person subject to the criminal records	17326
check is required to provide a set of impressions of the person's	17327
fingerprints and that a criminal records check is required to be	17328
conducted and satisfactorily completed in accordance with section	17329
109.572 of the Revised Code.	17330

(H) The department of job and family services may waive the	17331
requirement that a criminal records check based on fingerprints be	17332
conducted for an adult resident of a prospective adoptive or	17333
foster home or the home of a foster caregiver if the recommending	17334
agency documents to the department's satisfaction that the adult	17335
resident is physically unable to comply with the fingerprinting	17336
requirement and poses no danger to foster children or adoptive	17337
children who may be placed in the home. In such cases, the	17338
recommending or approving agency shall request that the bureau of	17339
criminal identification and investigation conduct a criminal	17340
records check using the person's name and social security number.	17341

(I) As used in this section:

17342

(1) "Children's hospital" means any of the following:

17343

(a) A hospital registered under section 3701.07 of the	17344
Revised Code that provides general pediatric medical and surgical	17345
care, and in which at least seventy-five per cent of annual	17346
inpatient discharges for the preceding two calendar years were	17347
individuals less than eighteen years of age;	17348

(b) A distinct portion of a hospital registered under section	17349
3701.07 of the Revised Code that provides general pediatric	17350
medical and surgical care, has a total of at least one hundred	17351
fifty registered pediatric special care and pediatric acute care	17352
beds, and in which at least seventy-five per cent of annual	17353
inpatient discharges for the preceding two calendar years were	17354
individuals less than eighteen years of age;	17355

(c) A distinct portion of a hospital, if the hospital is	17356
registered under section 3701.07 of the Revised Code as a	17357
children's hospital and the children's hospital meets all the	17358
requirements of division (I)(1)(a) of this section.	17359

(2) "Criminal records check" has the same meaning as in	17360
section 109.572 of the Revised Code.	17361

(3) "Person responsible for a child's care in out-of-home	17362
care" has the same meaning as in section 2151.011 of the Revised	17363
Code, except that it does not include a prospective employee of	17364
the department of youth services or a person responsible for a	17365
child's care in a hospital or medical clinic other than a	17366
children's hospital.	17367

(4) "Person subject to a criminal records check" means the	17368
following:	17369

(a) A person who is under final consideration for appointment	17370
or employment as a person responsible for a child's care in	17371
out-of-home care;	17372

(b) A prospective adoptive parent;

17373

17374

(d) A person eighteen years old or older who resides with a	17375
prospective foster caregiver or a prospective adoptive parent.	17376

(5) "Recommending agency" means a public children services	17377
agency, private child placing agency, or private noncustodial	17378
agency to which the department of job and family services has	17379
delegated a duty to inspect and approve foster homes.	17380

(6) "Superintendent of BCII" means the superintendent of the	17381
bureau of criminal identification and investigation.	17382

Sec. 2152.121. (A) If a complaint is filed against a child	17383
alleging that the child is a delinquent child and the case is	17384
transferred pursuant to division (A)(1)(a)(i) or (A)(1)(b)(ii) of	17385
section 2152.12 of the Revised Code, the juvenile court that	17386
transferred the case shall retain jurisdiction for purposes of	17387
making disposition of the child when required under division (B)	17388
of this section.	17389

(B) If a complaint is filed against a child alleging that the	17390
child is a delinquent child, if the case is transferred pursuant	17391
to division (A)(1)(a)(i) or (A)(1)(b)(ii) of section 2152.12 of	17392
the Revised Code, and if the child subsequently is convicted of or	17393
pleads guilty to an offense in that case, the sentence to be	17394
imposed or disposition to be made of the child shall be determined	17395
as follows:	17396

(1) The court in which the child is convicted of or pleads	17397
guilty to the offense shall determine whether, had a complaint	17398
been filed in juvenile court alleging that the child was a	17399
delinquent child for committing an act that would be that offense	17400
if committed by an adult, division (A) of section 2152.12 of the	17401
Revised Code would have required mandatory transfer of the case or	17402
division (B) of that section would have allowed discretionary	17403
transfer of the case. The court shall not consider the factor	17404
specified in division (B)(3) of section 2152.12 of the Revised	17405
Code in making its determination under this division.	17406

(2) If the court in which the child is convicted of or pleads	17407
guilty to the offense determines under division (B)(1) of this	17408
section that, had a complaint been filed in juvenile court	17409
alleging that the child was a delinquent child for committing an	17410
act that would be that offense if committed by an adult, division	17411
(A) of section 2152.12 of the Revised Code would not have required	17412
mandatory transfer of the case, and division (B) of that section	17413
would not have allowed discretionary transfer of the case, the	17414
court shall transfer jurisdiction of the case back to the juvenile	17415
court that initially transferred the case, the court and all other	17416
agencies that have any record of the conviction of the child or	17417
the child's guilty plea shall expunge the conviction or guilty	17418
plea and all records of it, the conviction or guilty plea shall be	17419
considered and treated for all purposes other than as provided in	17420
this section to have never occurred, the conviction or guilty plea	17421
shall be considered and treated for all purposes other than as	17422
provided in this section to have been a delinquent child	17423
adjudication of the child, and the juvenile court shall impose one	17424
or more traditional juvenile dispositions upon the child under	17425
sections 2152.19 and 2152.20 of the Revised Code.	17426

(3) If the court in which the child is convicted of or pleads	17427
guilty to the offense determines under division (B)(1) of this	17428
section that, had a complaint been filed in juvenile court	17429
alleging that the child was a delinquent child for committing an	17430
act that would be that offense if committed by an adult, division	17431
(A) of section 2152.12 of the Revised Code would not have required	17432
mandatory transfer of the case but division (B) of that section	17433
would have allowed discretionary transfer of the case, the court	17434
shall determine the sentence it believes should be imposed upon	17435
the child under Chapter 2929. of the Revised Code, shall impose	17436
that sentence upon the child, and shall stay that sentence pending	17437
completion of the procedures specified in this division. Upon	17438
imposition and staying of the sentence, the court shall transfer	17439
jurisdiction of the case back to the juvenile court that initially	17440
transferred the case and the juvenile court shall proceed in	17441
accordance with this division. In no case may the child waive a	17442
right to a hearing of the type described in division (B)(3)(b) of	17443
this section, regarding a motion filed as described in that	17444
division by the prosecuting attorney in the case. Upon transfer of	17445
jurisdiction of the case back to the juvenile court, both of the	17446
following apply:	17447

(a) Except as otherwise provided in division (B)(3)(b) of	17448
this section, the juvenile court shall impose a serious youthful	17449
offender dispositional sentence upon the child under division	17450
(D)(1) of section 2152.13 of the Revised Code. In imposing the	17451
adult portion of that sentence, the juvenile court shall consider	17452
and give preference to the sentence imposed upon the child by the	17453
court in which the child was convicted of or pleaded guilty to the	17454
offense. Upon imposing a serious youthful offender dispositional	17455
sentence upon the child as described in this division, the	17456
juvenile court shall notify the court in which the child was	17457
convicted of or pleaded guilty to the offense, the sentence	17458
imposed upon the child by that court shall terminate, the court	17459
and all other agencies that have any record of the conviction of	17460
the child shall expunge the conviction or guilty plea and all	17461
records of it, the conviction or guilty plea shall be considered	17462
and treated for all purposes other than as provided in this	17463
section to have never occurred, and the conviction or guilty plea	17464
shall be considered and treated for all purposes other than as	17465
provided in this section to have been a delinquent child	17466
adjudication of the child.	17467

(b) Upon the transfer, the prosecuting attorney in the case	17468
may file a motion in the juvenile court that objects to the	17469
imposition of a serious youthful offender dispositional sentence	17470
upon the child and requests that the sentence imposed upon the	17471
child by the court in which the child was convicted of or pleaded	17472
guilty to the offense be invoked. Upon the filing of a motion	17473
under this division, the juvenile court shall hold a hearing to	17474
determine whether the child is not amenable to care or	17475
rehabilitation within the juvenile system and whether the safety	17476
of the community may require that the child be subject solely to	17477
adult sanctions. If the juvenile court at the hearing finds that	17478
the child is not amenable to care or rehabilitation within the	17479
juvenile system or that the safety of the community may require	17480
that the child be subject solely to adult sanctions, the court	17481
shall grant the motion. Absent such a finding, the juvenile court	17482
shall deny the motion. In making its decision under this division,	17483
the juvenile court shall consider the factors listed in division	17484
(D) of section 2152.12 of the Revised Code as factors indicating	17485
that the motion should be granted, shall consider the factors	17486
listed in division (E) of that section as factors indicating that	17487
the motion should not be granted, and shall consider whether the	17488
applicable factors listed in division (D) of that section outweigh	17489
the applicable factors listed in division (E) of that section.	17490

If the juvenile court grants the motion of the prosecuting	17491
attorney under this division, the juvenile court shall transfer	17492
jurisdiction of the case back to the court in which the child was	17493
convicted of or pleaded guilty to the offense, and the sentence	17494
imposed by that court shall be invoked. If the juvenile court	17495
denies the motion of the prosecuting attorney under this section,	17496
the juvenile court shall impose a serious youthful offender	17497
dispositional sentence upon the child in accordance with division	17498
(B)(3)(a) of this section.	17499

(4) If the court in which the child is convicted of or pleads	17500
guilty to the offense determines under division (B)(1) of this	17501
section that, had a complaint been filed in juvenile court	17502
alleging that the child was a delinquent child for committing an	17503
act that would be that offense if committed by an adult, division	17504
(A) of section 2152.12 of the Revised Code would have required	17505
mandatory transfer of the case, the court shall impose sentence	17506
upon the child under Chapter 2929. of the Revised Code.	17507

Sec. 2152.22. (A) When a child is committed to the legal	17508
custody of the department of youth services under this chapter,	17509
the juvenile court relinquishes control with respect to the child	17510
so committed, except as provided in divisions (B), (C), (D), and	17511
(H) of this section or in sections 2152.82 to 2152.86 of the	17512
Revised Code. Subject to divisions (B), (C), and (D) of this	17513
section, sections 2151.353 and 2151.412 to 2151.421 of the Revised	17514
Code, sections 2152.82 to 2152.86 of the Revised Code, and any	17515
other provision of law that specifies a different duration for a	17516
dispositional order, all other dispositional orders made by the	17517
court under this chapter shall be temporary and shall continue for	17518
a period that is designated by the court in its order, until	17519
terminated or modified by the court or until the child attains	17520
twenty-one years of age.	17521

The department shall not release the child from a department	17522
facility and as a result shall not discharge the child or order	17523
the child's release on supervised release prior to the expiration	17524
of the minimum period specified by the court in division (A)(1) of	17525
section 2152.16 of the Revised Code and any term of commitment	17526
imposed under section 2152.17 of the Revised Code or prior to the	17527
child's attainment of twenty-one years of age, except upon the	17528
order of a court pursuant to division (B), (C), or (D) of this	17529
section or in accordance with section 5139.54 of the Revised Code.	17530

(B)(1) ~~The~~Unless the court grants judicial release under	17531
division (D)(1)(b) of this section, the court that commits a	17532
delinquent child to the department of youth services may grant	17533
judicial release of the child to court supervision under this	17534
division during the first half of the prescribed minimum term for	17535
which the child was committed to the department or, if the child	17536
was committed to the department until the child attains twenty-one	17537
years of age, during the first half of the prescribed period of	17538
commitment that begins on the first day of commitment and ends on	17539
the child's twenty-first birthday, provided any commitment imposed	17540
under division (A), (B), (C), or (D) of section 2152.17 of the	17541
Revised Code has ended.	17542

(2) If the department desires to release a child during a	17543
period specified in division (B)(1) of this section, it shall	17544
request the court that committed the child to grant a judicial	17545
release of the child to court supervision under this division.	17546
During whichever of those periods is applicable, the child or the	17547
parents of the child also may request that court to grant a	17548
judicial release of the child to court supervision. Upon receipt	17549
of a request for a judicial release to court supervision under	17550
this division from the department, the child, or the child's	17551
parent, or upon its own motion, the court that committed the child	17552
shall do one of the following: approve the release by journal	17553
entry; schedule within thirty days after the request is received a	17554
time for a hearing on whether the child is to be released; or	17555
reject the request by journal entry without conducting a hearing.	17556

If the court rejects an initial request for a release under	17557
this division by the child or the child's parent, the child or the	17558
child's parent may make one additional request for a judicial	17559
release to court supervision within the applicable period. The	17560
additional request may be made no earlier than thirty days after	17561
the filing of the prior request for a judicial release to court	17562
supervision. Upon the filing of a second request for a judicial	17563
release to court supervision, the court shall either approve or	17564
disapprove the release by journal entry or schedule within thirty	17565
days after the request is received a time for a hearing on whether	17566
the child is to be released.	17567

(3) If a court schedules a hearing under division (B)(2) of	17568
this section, it may order the department to deliver the child to	17569
the court on the date set for the hearing and may order the	17570
department to present to the court a report on the child's	17571
progress in the institution to which the child was committed and	17572
recommendations for conditions of supervision of the child by the	17573
court after release. The court may conduct the hearing without the	17574
child being present. The court shall determine at the hearing	17575
whether the child should be granted a judicial release to court	17576
supervision.	17577

If the court approves the release under this division, it	17578
shall order its staff to prepare a written treatment and	17579
rehabilitation plan for the child that may include any conditions	17580
of the child's release that were recommended by the department and	17581
approved by the court. The committing court shall send the	17582
juvenile court of the county in which the child is placed a copy	17583
of the recommended plan. The court of the county in which the	17584
child is placed may adopt the recommended conditions set by the	17585
committing court as an order of the court and may add any	17586
additional consistent conditions it considers appropriate. If a	17587
child is granted a judicial release to court supervision, the	17588
release discharges the child from the custody of the department of	17589
youth services.	17590

(C)(1) ~~The~~Unless the court grants judicial release under	17591
division (D)(1)(b) of this section, the court that commits a	17592
delinquent child to the department of youth services may grant	17593
judicial release of the child to department of youth services	17594
supervision under this division during the second half of the	17595
prescribed minimum term for which the child was committed to the	17596
department or, if the child was committed to the department until	17597
the child attains twenty-one years of age, during the second half	17598
of the prescribed period of commitment that begins on the first	17599
day of commitment and ends on the child's twenty-first birthday,	17600
provided any commitment imposed under division (A), (B), (C), or	17601
(D) of section 2152.17 of the Revised Code has ended.	17602

(2) If the department desires to release a child during a	17603
period specified in division (C)(1) of this section, it shall	17604
request the court that committed the child to grant a judicial	17605
release to department of youth services supervision. During	17606
whichever of those periods is applicable, the child or the child's	17607
parent also may request the court that committed the child to	17608
grant a judicial release to department of youth services	17609
supervision. Upon receipt of a request for judicial release to	17610
department of youth services supervision, the child, or the	17611
child's parent, or upon its own motion at any time during that	17612
period, the court shall do one of the following: approve the	17613
release by journal entry; schedule a time within thirty days after	17614
receipt of the request for a hearing on whether the child is to be	17615
released; or reject the request by journal entry without	17616
conducting a hearing.	17617

If the court rejects an initial request for release under	17618
this division by the child or the child's parent, the child or the	17619
child's parent may make one or more subsequent requests for a	17620
release within the applicable period, but may make no more than	17621
one request during each period of ninety days that the child is in	17622
a secure department facility after the filing of a prior request	17623
for early release. Upon the filing of a request for release under	17624
this division subsequent to an initial request, the court shall	17625
either approve or disapprove the release by journal entry or	17626
schedule a time within thirty days after receipt of the request	17627
for a hearing on whether the child is to be released.	17628

(3) If a court schedules a hearing under division (C)(2) of	17629
this section, it may order the department to deliver the child to	17630
the court on the date set for the hearing and shall order the	17631
department to present to the court at that time a treatment plan	17632
for the child's post-institutional care. The court may conduct the	17633
hearing without the child being present. The court shall determine	17634
at the hearing whether the child should be granted a judicial	17635
release to department of youth services supervision.	17636

If the court approves the judicial release to department of	17637
youth services supervision, the department shall prepare a written	17638
treatment and rehabilitation plan for the child pursuant to	17639
division (F) of this section that shall include the conditions of	17640
the child's release. It shall send the committing court and the	17641
juvenile court of the county in which the child is placed a copy	17642
of the plan. The court of the county in which the child is placed	17643
may adopt the conditions set by the department as an order of the	17644
court and may add any additional consistent conditions it	17645
considers appropriate, provided that the court may not add any	17646
condition that decreases the level or degree of supervision	17647
specified by the department in its plan, that substantially	17648
increases the financial burden of supervision that will be	17649
experienced by the department, or that alters the placement	17650
specified by the department in its plan. If the court of the	17651
county in which the child is placed adds to the department's plan	17652
any additional conditions, it shall enter those additional	17653
conditions in its journal and shall send to the department a copy	17654
of the journal entry of the additional conditions.	17655

If the court approves the judicial release to department of	17656
youth services supervision, the actual date on which the	17657
department shall release the child is contingent upon the	17658
department finding a suitable placement for the child. If the	17659
child is to be returned to the child's home, the department shall	17660
return the child on the date that the court schedules for the	17661
child's release or shall bear the expense of any additional time	17662
that the child remains in a department facility. If the child is	17663
unable to return to the child's home, the department shall	17664
exercise reasonable diligence in finding a suitable placement for	17665
the child, and the child shall remain in a department facility	17666
while the department finds the suitable placement.	17667

(D)(1) Subject to division (D)(3) of this section, the court	17668
that commits a delinquent child to the department of youth	17669
services may grant judicial release of the child under this	17670
division at any time after the expiration of one of the following	17671
periods of time:	17672

(a) Except as otherwise provided in division (D)(1)(b) of	17673
this section, if the child was committed to the department for a	17674
prescribed minimum period and a maximum period not to exceed the	17675
child's attainment of twenty-one years, the court may grant	17676
judicial release of the child at any time after the expiration of	17677
the prescribed minimum term for which the child was committed to	17678
the department.	17679

(b) If the child was committed to the department for both one	17680
or more definite periods under division (A), (B), (C), or (D) of	17681
section 2152.17 of the Revised Code and a period of the type	17682
described in division (D)(1)(a) of this section, all of the	17683
prescribed minimum periods of commitment imposed under division	17684
(A), (B), (C), or (D) of section 2152.17 of the Revised Code and	17685
the prescribed period of commitment of the type described in	17686
division (D)(1)(a) of this section shall be aggregated for	17687
purposes of this division, and the court may grant judicial	17688
release of the child at any time after the expiration of one year	17689
after the child begins serving the aggregate period of commitment.	17690

(2) If a court grants a judicial release of a child under	17691
division (D)(1) of this section, the release shall be a judicial	17692
release to department of youth services supervision, if the	17693
release is granted during a period described in division (C)(1) of	17694
this section, and the second and third paragraphs of division	17695
(C)(3) of this section apply regarding the release. In all other	17696
cases, the release shall be a judicial release to court	17697
supervision, and the second paragraph of division (B)(3) of this	17698
section applies regarding the release.	17699

(3) A court at the time of making the disposition of a child	17700
shall provide notice in the order of disposition that the judge is	17701
retaining jurisdiction over the child for the purpose of a	17702
possible grant of judicial release of the child under division	17703
(D)(1) of this section. The failure of a court to provide this	17704
notice does not affect the authority of the court to grant a	17705
judicial release under that division and does not constitute	17706
grounds for setting aside the child's delinquent child	17707
adjudication or disposition or for granting any post-adjudication	17708
relief to the child.	17709

(4) The department of youth services, a child committed to	17710
the department, or the parents of the child, during a period	17711
specified in division (D)(1) of this section, may request the	17712
court that committed the child to grant a judicial release of the	17713
child under that division. Upon receipt of a request for judicial	17714
release of a child under this division from the department, the	17715
child, or the child's parent, or upon its own motion, the court	17716
that committed the child shall do one of the following:	17717

(a) Approve the request by journal entry;

17718

(b) Schedule within thirty days after the request is received	17719
a time for a hearing on whether the child is to be released;	17720

(c) Reject the request by journal entry without conducting a	17721
hearing.	17722

If the court rejects an initial request for a release under	17723
this division by the child or the child's parent, division (C)(2)	17724
of this section applies regarding the making of additional	17725
requests.	17726

If the court schedules a hearing under this division to	17727
consider the judicial release, the first paragraph of division	17728
(B)(3) of this section applies regarding the hearing.	17729

(E) If a child is released under division (B), (C), or (D) of	17730
this section and the court of the county in which the child is	17731
placed has reason to believe that the child's deportment is not in	17732
accordance with the conditions of the child's judicial release,	17733
the court of the county in which the child is placed shall	17734
schedule a time for a hearing to determine whether the child	17735
violated any of the post-release conditions, and, if the child was	17736
released under division (C) of this section or under division (D)	17737
of this section under department supervision, divisions (A) to (E)	17738
of section 5139.52 of the Revised Code apply regarding the child.	17739

If that court determines at the hearing that the child	17740
violated any of the post-release conditions, the court, if it	17741
determines that the violation was a serious violation, may order	17742
the child to be returned to the department for	17743
institutionalization, consistent with the original order of	17744
commitment of the child, or in any case may make any other	17745
disposition of the child authorized by law that the court	17746
considers proper. If the court of the county in which the child is	17747
placed orders the child to be returned to a department of youth	17748
services institution, the time during which the child was held in	17749
a secure department facility prior to the child's judicial release	17750
shall be considered as time served in fulfilling the prescribed	17751
period of institutionalization that is applicable to the child	17752
under the child's original order of commitment. If the court	17753
orders the child returned to a department institution, the child	17754
shall remain in institutional care for a minimum of three months	17755
or until the child successfully completes a revocation program of	17756
a duration of not less than thirty days operated either by the	17757
department or by an entity with which the department has	17758
contracted to provide a revocation program.	17759

(F) The department of youth services, prior to the release of	17760
a child pursuant to division (C) of this section or pursuant to	17761
division (D) of this section on department supervision, shall do	17762
all of the following:	17763

(1) After reviewing the child's rehabilitative progress	17764
history and medical and educational records, prepare a written	17765
treatment and rehabilitation plan for the child that includes	17766
conditions of the release;	17767

(2) Completely discuss the conditions of the plan prepared	17768
pursuant to division (F)(1) of this section and the possible	17769
penalties for violation of the plan with the child and the child's	17770
parents, guardian, or legal custodian;	17771

(3) Have the plan prepared pursuant to division (F)(1) of	17772
this section signed by the child, the child's parents, legal	17773
guardian, or custodian, and any authority or person that is to	17774
supervise, control, and provide supportive assistance to the child	17775
at the time of the child's release pursuant to division (C) or (D)	17776
of this section;	17777

(4) Prior to the child's release, file a copy of the	17778
treatment plan prepared pursuant to division (F)(1) of this	17779
section with the committing court and the juvenile court of the	17780
county in which the child is to be placed.	17781

(G) The department of youth services shall file a written	17782
progress report with the committing court regarding each child	17783
released pursuant to division (C) of this section or released	17784
pursuant to division (D) of this section on judicial release to	17785
department supervision at least once every thirty days unless	17786
specifically directed otherwise by the court. The report shall	17787
indicate the treatment and rehabilitative progress of the child	17788
and the child's family, if applicable, and shall include any	17789
suggestions for altering the program, custody, living	17790
arrangements, or treatment. The department shall retain legal	17791
custody of a child so released until it discharges the child or	17792
until the custody is terminated as otherwise provided by law.	17793

(H) When a child is committed to the legal custody of the	17794
department of youth services, the court retains jurisdiction to	17795
perform the functions specified in section 5139.51 of the Revised	17796
Code with respect to the granting of supervised release by the	17797
release authority and to perform the functions specified in	17798
section 5139.52 of the Revised Code with respect to violations of	17799
the conditions of supervised release granted by the release	17800
authority and to the revocation of supervised release granted by	17801
the release authority.	17802

Sec. 2301.01. There shall be a court of common pleas in each	17803
county held by one or more judges, each of whom has been admitted	17804
to practice as an attorney at law in this state and has, for a	17805
total of at least six years preceding the judge's appointment or	17806
commencement of the judge's term, engaged in the practice of law	17807
in this state or served as a judge of a court of record in any	17808
jurisdiction in the United States, or both, resides in the county,	17809
and is elected by the electors therein. ~~At least two of the years~~	17810
~~of practice or service that qualify a judge shall have been in~~	17811
~~this state.~~ Each judge shall be elected for six years at the	17812
general election immediately preceding the year in which the term,	17813
as provided in sections 2301.02 and 2301.03 of the Revised Code,	17814
commences, and the judge's successor shall be elected at the	17815
general election immediately preceding the expiration of that	17816
term.	17817

Sec. 2301.27. (A)(1)(a) The court of common pleas may	17818
establish a county department of probation. The establishment of	17819
the department shall be entered upon the journal of the court, and	17820
the clerk of the court of common pleas shall certify a copy of the	17821
journal entry establishing the department to each elective officer	17822
and board of the county. The department shall consist of a chief	17823
probation officer and the number of other probation officers and	17824
employees, clerks, and stenographers that is fixed from time to	17825
time by the court. The court shall appoint those individuals, fix	17826
their salaries, and supervise their work.	17827

(b) When appointing a chief probation officer, the court	17828
shall do all of the following:	17829

(i) Publicly advertise the position on the court's web site,	17830
including, but not limited to, the job description, qualifications	17831
for the position, and the application requirements;	17832

(ii) Conduct a competitive hiring process that adheres to	17833
state and federal equal employment opportunity laws;	17834

(iii) Review applicants who meet the posted qualifications	17835
and comply with the application requirements.	17836

(c) The court shall not appoint as a probation officer any	17837
person who does not possess the training, experience, and other	17838
qualifications prescribed by the adult parole authority created by	17839
section 5149.02 of the Revised Code. Probation officers have all	17840
the powers of regular police officers and shall perform any duties	17841
that are designated by the judge or judges of the court. All	17842
positions within the department of probation shall be in the	17843
classified service of the civil service of the county.	17844

(2) If two or more counties desire to jointly establish a	17845
probation department for those counties, the judges of the courts	17846
of common pleas of those counties may establish a probation	17847
department for those counties. If a probation department is	17848
established pursuant to division (A)(2) of this section to serve	17849
more than one county, the judges of the courts of common pleas	17850
that established the department shall designate the county	17851
treasurer of one of the counties served by the department as the	17852
treasurer to whom probation fees paid under section 2951.021 of	17853
the Revised Code are to be appropriated and transferred under	17854
division (A)(2) of section 321.44 of the Revised Code for deposit	17855
into the multicounty probation services fund established under	17856
division (B) of section 321.44 of the Revised Code.	17857

The cost of the administration and operation of a probation	17858
department established for two or more counties shall be prorated	17859
to the respective counties on the basis of population.	17860

(3) Probation officers shall receive, in addition to their	17861
respective salaries, their necessary and reasonable travel and	17862
other expenses incurred in the performance of their duties. Their	17863
salaries and expenses shall be paid monthly from the county	17864
treasury in the manner provided for the payment of the	17865
compensation of other appointees of the court.	17866

(4) ~~Probation~~Adult probation officers shall be trained in	17867
accordance with a set of minimum standards that are established by	17868
the adult parole authority of the department of rehabilitation and	17869
correction.	17870

(B)(1) In lieu of establishing a county department of	17871
probation under division (A) of this section and in lieu of	17872
entering into an agreement with the adult parole authority as	17873
described in division (B) of section 2301.32 of the Revised Code,	17874
the court of common pleas may request the board of county	17875
commissioners to contract with, and upon that request the board	17876
may contract with, any nonprofit, public or private agency,	17877
association, or organization for the provision of probation	17878
services and supervisory services for persons placed under	17879
community control sanctions. The contract shall specify that each	17880
individual providing the probation services and supervisory	17881
services shall possess the training, experience, and other	17882
qualifications prescribed by the adult parole authority. The	17883
individuals who provide the probation services and supervisory	17884
services shall not be included in the classified or unclassified	17885
civil service of the county.	17886

(2) In lieu of establishing a county department of probation	17887
under division (A) of this section and in lieu of entering into an	17888
agreement with the adult parole authority as described in division	17889
(B) of section 2301.32 of the Revised Code, the courts of common	17890
pleas of two or more adjoining counties jointly may request the	17891
boards of county commissioners of those counties to contract with,	17892
and upon that request the boards of county commissioners of two or	17893
more adjoining counties jointly may contract with, any nonprofit,	17894
public or private agency, association, or organization for the	17895
provision of probation services and supervisory services for	17896
persons placed under community control sanctions for those	17897
counties. The contract shall specify that each individual	17898
providing the probation services and supervisory services shall	17899
possess the training, experience, and other qualifications	17900
prescribed by the adult parole authority. The individuals who	17901
provide the probation services and supervisory services shall not	17902
be included in the classified or unclassified civil service of any	17903
of those counties.	17904

(C) The chief probation officer may grant permission to a	17905
probation officer to carry firearms when required in the discharge	17906
of official duties if the probation officer has successfully	17907
completed a basic firearm training program that is approved by the	17908
executive director of the Ohio peace officer training commission.	17909
A probation officer who has been granted permission to carry a	17910
firearm in the discharge of official duties, annually shall	17911
successfully complete a firearms requalification program in	17912
accordance with section 109.801 of the Revised Code.	17913

(D) As used in this section and sections 2301.28 to 2301.32	17914
of the Revised Code, "community control sanction" has the same	17915
meaning as in section 2929.01 of the Revised Code.	17916

Sec. 2301.271. (A) The adult parole authority of the	17917
department of rehabilitation and correction shall develop minimum	17918
standards for the training of adult probation officers as provided	17919
by section 2301.27 of the Revised Code. The adult parole authority	17920
shall consult and collaborate with the supreme court in developing	17921
the standards.	17922

(B) Within six months after ~~the effective date of this~~	17923
~~section~~September 30, 2011, the department of rehabilitation and	17924
correction shall make available a copy of the minimum standards to	17925
the following entities:	17926

(1) Every municipal court, county court, and court of common	17927
pleas;	17928

(2) Every probation department.

17929

Sec. 2301.571. (A) A person who has been convicted of or	17930
pleaded guilty to an offense and who is confined in a	17931
community-based correctional facility or district community-based	17932
correctional facility~~, unless indigent,~~ is financially responsible	17933
for the payment of any medical expense or service requested by and	17934
provided to that person.	17935

(B) ~~Notwithstanding any contrary provision of section 2929.38~~	17936
~~of the Revised Code, the facility governing board of a~~	17937
~~community-based correctional facility or district community-based~~	17938
~~correctional facility shall establish a policy that requires any~~	17939
~~person who is not indigent and who is confined in the correctional~~	17940
~~facility to pay for any medical treatment or service requested by~~	17941
~~and provided to that person. The fee for the medical treatment or~~	17942
~~service shall not exceed the actual cost of the treatment or~~	17943
~~service provided.~~ No person confined in a community-based	17944
correctional facility or district community-based correctional	17945
facility shall be denied any necessary medical care because of	17946
inability to pay for medical treatment or service.	17947

(C) ~~Any fee paid by a person under~~Nothing in this section	17948
shall ~~be deducted from~~cause a community-based correctional	17949
facility or district community-based correctional facility to be	17950
responsible for the payment of any medical or ~~dental costs that~~	17951
~~the person is ordered to reimburse under a financial sanction~~	17952
~~imposed pursuant to section 2929.28 of the Revised Code or to~~	17953
~~repay under a policy adopted under~~other health care expenses	17954
incurred in connection with an offender who is serving a term in	17955
the facility pursuant to section ~~2929.37~~2929.16 of the Revised	17956
Code.	17957

Sec. 2305.01. Except as otherwise provided by this section	17958
or section 2305.03 of the Revised Code, the court of common pleas	17959
has original jurisdiction in all civil cases in which the sum or	17960
matter in dispute exceeds the exclusive original jurisdiction of	17961
county courts and appellate jurisdiction from the decisions of	17962
boards of county commissioners. The court of common pleas shall	17963
not have jurisdiction, in any tort action to which the amounts	17964
apply, to award punitive or exemplary damages that exceed the	17965
amounts set forth in section 2315.21 of the Revised Code. The	17966
court of common pleas shall not have jurisdiction in any tort	17967
action to which the limits apply to enter judgment on an award of	17968
compensatory damages for noneconomic loss in excess of the limits	17969
set forth in section 2315.18 of the Revised Code.	17970

The court of common pleas may on its own motion transfer for	17971
trial any action in the court to any municipal court in the county	17972
having concurrent jurisdiction of the subject matter of, and the	17973
parties to, the action, if the amount sought by the plaintiff does	17974
not exceed one thousand dollars and if the judge or presiding	17975
judge of the municipal court concurs in the proposed transfer.	17976
Upon the issuance of an order of transfer, the clerk of courts	17977
shall remove to the designated municipal court the entire case	17978
file. Any untaxed portion of the common pleas deposit for court	17979
costs shall be remitted to the municipal court by the clerk of	17980
courts to be applied in accordance with section 1901.26 of the	17981
Revised Code, and the costs taxed by the municipal court shall be	17982
added to any costs taxed in the common pleas court.	17983

The court of common pleas has jurisdiction in any action	17984
brought pursuant to division (I) of section ~~3733.11~~4781.40 of the	17985
Revised Code if the residential premises that are the subject of	17986
the action are located within the territorial jurisdiction of the	17987
court.	17988

The courts of common pleas of Adams, Athens, Belmont, Brown,	17989
Clermont, Columbiana, Gallia, Hamilton, Jefferson, Lawrence,	17990
Meigs, Monroe, Scioto, and Washington counties have jurisdiction	17991
beyond the north or northwest shore of the Ohio river extending to	17992
the opposite shore line, between the extended boundary lines of	17993
any adjacent counties or adjacent state. Each of those courts of	17994
common pleas has concurrent jurisdiction on the Ohio river with	17995
any adjacent court of common pleas that borders on that river and	17996
with any court of Kentucky or of West Virginia that borders on the	17997
Ohio river and that has jurisdiction on the Ohio river under the	17998
law of Kentucky or the law of West Virginia, whichever is	17999
applicable, or under federal law.	18000

Sec. 2307.89. The following apply to all tort actions for	18001
silicosis or mixed dust disease claims brought against a premises	18002
owner to recover damages or other relief for exposure to silica or	18003
mixed dust on the premises owner's property:	18004

(A) A premises owner is not liable for any injury to any	18005
individual resulting from silica or mixed dust exposure unless	18006
that individual's alleged exposure occurred while the individual	18007
was at the premises owner's property.	18008

(B) If exposure to silica or mixed dust is alleged to have	18009
occurred before January 1, 1972, it is presumed that a premises	18010
owner knew that this state had adopted safe levels of exposure for	18011
silica or mixed dust and that products containing silica or mixed	18012
dust were used on its property only at levels below those safe	18013
levels of exposure. To rebut this presumption, the plaintiff must	18014
prove by a preponderance of the evidence that the premises owner	18015
knew or should have known that the levels of silica or mixed dust	18016
in the immediate breathing zone of the plaintiff regularly	18017
exceeded the threshold limit values adopted by this state and that	18018
the premises owner allowed that condition to persist.	18019

(C)(1) A premises owner is presumed to be not liable for any	18020
injury to any invitee who was engaged to work with, install, or	18021
remove products containing silica or mixed dust on the premises	18022
owner's property if the invitee's employer held itself out as	18023
qualified to perform the work. To rebut this presumption, the	18024
plaintiff must demonstrate by a preponderance of the evidence that	18025
the premises owner had actual knowledge of the potential dangers	18026
of the products containing silica or mixed dust at the time of the	18027
alleged exposure that was superior to the knowledge of both the	18028
invitee and the invitee's employer.	18029

(2) A premises owner that hired a contractor before January	18030
1, 1972, to perform the type of work at the premises owner's	18031
property that the contractor was qualified to perform cannot be	18032
liable for any injury to any individual resulting from silica or	18033
mixed dust exposure caused by any of the contractor's employees or	18034
agents on the premises owner's property unless the premises owner	18035
directed the activity that resulted in the injury or gave or	18036
denied permission for the critical acts that led to the	18037
individual's injury.	18038

(3) If exposure to silica or mixed dust is alleged to have	18039
occurred after January 1, 1972, a premises owner is not liable for	18040
any injury to any individual resulting from that exposure caused	18041
by a contractor's employee or agent on the premises owner's	18042
property unless the plaintiff establishes the premises owner's	18043
intentional violation of an established safety standard that was	18044
in effect at the time of the exposure and that the alleged	18045
violation was in the plaintiff's breathing zone and was the	18046
proximate cause of the plaintiff's medical condition.	18047

(D) As used in this section:

18048

(1) "Threshold limit values" means the maximum allowable	18049
concentration of silica, or other dust, set forth in regulation	18050
247 of the "regulations for the prevention and control of diseases	18051
resulting from exposure to toxic fumes, vapors, mists, gases, and	18052
dusts in order to preserve and protect the public health," as	18053
adopted by the former public health council of the department of	18054
health on January 1, 1947, and set forth by the industrial	18055
commission of Ohio in bulletin no. 203, "specific requirements and	18056
general safety standards of the industrial commission of Ohio for	18057
work shops and factories, chapter XV, ventilation and exhausts,"	18058
effective January 3, 1955.	18059

(2) "Established safety standard" means that, for the years	18060
after 1971, the concentration of silica or mixed dust in the	18061
breathing zone of the worker does not exceed the maximum allowable	18062
exposure limits for the eight-hour time-weighted average airborne	18063
concentration as promulgated by the occupational safety and health	18064
administration (OSHA) in effect at the time of the alleged	18065
exposure.	18066

(3) "Employee" means an individual who performs labor or	18067
provides construction services pursuant to a construction	18068
contract, as defined in section 4123.79 of the Revised Code, or a	18069
remodeling or repair contract, whether written or oral, if at	18070
least ten of the following criteria apply:	18071

(a) The individual is required to comply with instructions	18072
from the other contracting party regarding the manner or method of	18073
performing services.	18074

(b) The individual is required by the other contracting party	18075
to have particular training.	18076

(c) The individual's services are integrated into the regular	18077
functioning of the other contracting party.	18078

(d) The individual is required to perform the work	18079
personally.	18080

(e) The individual is hired, supervised, or paid by the other	18081
contracting party.	18082

(f) A continuing relationship exists between the individual	18083
and the other contracting party that contemplates continuing or	18084
recurring work even if the work is not full time.	18085

(g) The individual's hours of work are established by the	18086
other contracting party.	18087

(h) The individual is required to devote full time to the	18088
business of the other contracting party.	18089

(i) The individual is required to perform the work on the	18090
premises of the other contracting party.	18091

(j) The individual is required to follow the order of work	18092
set by the other contracting party.	18093

(k) The individual is required to make oral or written	18094
reports of progress to the other contracting party.	18095

(l) The individual is paid for services on a regular basis,	18096
including hourly, weekly, or monthly.	18097

(m) The individual's expenses are paid for by the other	18098
contracting party.	18099

(n) The individual's tools and materials are furnished by the	18100
other contracting party.	18101

(o) The individual is provided with the facilities used to	18102
perform services.	18103

(p) The individual does not realize a profit or suffer a loss	18104
as a result of the services provided.	18105

(q) The individual is not performing services for a number of	18106
employers at the same time.	18107

(r) The individual does not make the same services available	18108
to the general public.	18109

(s) The other contracting party has a right to discharge the	18110
individual.	18111

(t) The individual has the right to end the relationship with	18112
the other contracting party without incurring liability pursuant	18113
to an employment contract or agreement.	18114

Sec. 2317.02. The following persons shall not testify in	18115
certain respects:	18116

(A)(1) An attorney, concerning a communication made to the	18117
attorney by a client in that relation or the attorney's advice to	18118
a client, except that the attorney may testify by express consent	18119
of the client or, if the client is deceased, by the express	18120
consent of the surviving spouse or the executor or administrator	18121
of the estate of the deceased client. However, if the client	18122
voluntarily testifies or is deemed by section 2151.421 of the	18123
Revised Code to have waived any testimonial privilege under this	18124
division, the attorney may be compelled to testify on the same	18125
subject.	18126

The testimonial privilege established under this division	18127
does not apply concerning a communication between a client who has	18128
since died and the deceased client's attorney if the communication	18129
is relevant to a dispute between parties who claim through that	18130
deceased client, regardless of whether the claims are by testate	18131
or intestate succession or by inter vivos transaction, and the	18132
dispute addresses the competency of the deceased client when the	18133
deceased client executed a document that is the basis of the	18134
dispute or whether the deceased client was a victim of fraud,	18135
undue influence, or duress when the deceased client executed a	18136
document that is the basis of the dispute.	18137

(2) An attorney, concerning a communication made to the	18138
attorney by a client in that relationship or the attorney's advice	18139
to a client, except that if the client is an insurance company,	18140
the attorney may be compelled to testify, subject to an in camera	18141
inspection by a court, about communications made by the client to	18142
the attorney or by the attorney to the client that are related to	18143
the attorney's aiding or furthering an ongoing or future	18144
commission of bad faith by the client, if the party seeking	18145
disclosure of the communications has made a prima-facie showing of	18146
bad faith, fraud, or criminal misconduct by the client.	18147

(B)(1) A physician or a dentist concerning a communication	18148
made to the physician or dentist by a patient in that relation or	18149
the physician's or dentist's advice to a patient, except as	18150
otherwise provided in this division, division (B)(2), and division	18151
(B)(3) of this section, and except that, if the patient is deemed	18152
by section 2151.421 of the Revised Code to have waived any	18153
testimonial privilege under this division, the physician may be	18154
compelled to testify on the same subject.	18155

The testimonial privilege established under this division	18156
does not apply, and a physician or dentist may testify or may be	18157
compelled to testify, in any of the following circumstances:	18158

(a) In any civil action, in accordance with the discovery	18159
provisions of the Rules of Civil Procedure in connection with a	18160
civil action, or in connection with a claim under Chapter 4123. of	18161
the Revised Code, under any of the following circumstances:	18162

(i) If the patient or the guardian or other legal	18163
representative of the patient gives express consent;	18164

(ii) If the patient is deceased, the spouse of the patient or	18165
the executor or administrator of the patient's estate gives	18166
express consent;	18167

(iii) If a medical claim, dental claim, chiropractic claim,	18168
or optometric claim, as defined in section 2305.113 of the Revised	18169
Code, an action for wrongful death, any other type of civil	18170
action, or a claim under Chapter 4123. of the Revised Code is	18171
filed by the patient, the personal representative of the estate of	18172
the patient if deceased, or the patient's guardian or other legal	18173
representative.	18174

(b) In any civil action concerning court-ordered treatment or	18175
services received by a patient, if the court-ordered treatment or	18176
services were ordered as part of a case plan journalized under	18177
section 2151.412 of the Revised Code or the court-ordered	18178
treatment or services are necessary or relevant to dependency,	18179
neglect, or abuse or temporary or permanent custody proceedings	18180
under Chapter 2151. of the Revised Code.	18181

(c) In any criminal action concerning any test or the results	18182
of any test that determines the presence or concentration of	18183
alcohol, a drug of abuse, a combination of them, a controlled	18184
substance, or a metabolite of a controlled substance in the	18185
patient's whole blood, blood serum or plasma, breath, urine, or	18186
other bodily substance at any time relevant to the criminal	18187
offense in question.	18188

(d) In any criminal action against a physician or dentist. In	18189
such an action, the testimonial privilege established under this	18190
division does not prohibit the admission into evidence, in	18191
accordance with the Rules of Evidence, of a patient's medical or	18192
dental records or other communications between a patient and the	18193
physician or dentist that are related to the action and obtained	18194
by subpoena, search warrant, or other lawful means. A court that	18195
permits or compels a physician or dentist to testify in such an	18196
action or permits the introduction into evidence of patient	18197
records or other communications in such an action shall require	18198
that appropriate measures be taken to ensure that the	18199
confidentiality of any patient named or otherwise identified in	18200
the records is maintained. Measures to ensure confidentiality that	18201
may be taken by the court include sealing its records or deleting	18202
specific information from its records.	18203

(e)(i) If the communication was between a patient who has	18204
since died and the deceased patient's physician or dentist, the	18205
communication is relevant to a dispute between parties who claim	18206
through that deceased patient, regardless of whether the claims	18207
are by testate or intestate succession or by inter vivos	18208
transaction, and the dispute addresses the competency of the	18209
deceased patient when the deceased patient executed a document	18210
that is the basis of the dispute or whether the deceased patient	18211
was a victim of fraud, undue influence, or duress when the	18212
deceased patient executed a document that is the basis of the	18213
dispute.	18214

(ii) If neither the spouse of a patient nor the executor or	18215
administrator of that patient's estate gives consent under	18216
division (B)(1)(a)(ii) of this section, testimony or the	18217
disclosure of the patient's medical records by a physician,	18218
dentist, or other health care provider under division (B)(1)(e)(i)	18219
of this section is a permitted use or disclosure of protected	18220
health information, as defined in 45 C.F.R. 160.103, and an	18221
authorization or opportunity to be heard shall not be required.	18222

(iii) Division (B)(1)(e)(i) of this section does not require	18223
a mental health professional to disclose psychotherapy notes, as	18224
defined in 45 C.F.R. 164.501.	18225

(iv) An interested person who objects to testimony or	18226
disclosure under division (B)(1)(e)(i) of this section may seek a	18227
protective order pursuant to Civil Rule 26.	18228

(v) A person to whom protected health information is	18229
disclosed under division (B)(1)(e)(i) of this section shall not	18230
use or disclose the protected health information for any purpose	18231
other than the litigation or proceeding for which the information	18232
was requested and shall return the protected health information to	18233
the covered entity or destroy the protected health information,	18234
including all copies made, at the conclusion of the litigation or	18235
proceeding.	18236

(2)(a) If any law enforcement officer submits a written	18237
statement to a health care provider that states that an official	18238
criminal investigation has begun regarding a specified person or	18239
that a criminal action or proceeding has been commenced against a	18240
specified person, that requests the provider to supply to the	18241
officer copies of any records the provider possesses that pertain	18242
to any test or the results of any test administered to the	18243
specified person to determine the presence or concentration of	18244
alcohol, a drug of abuse, a combination of them, a controlled	18245
substance, or a metabolite of a controlled substance in the	18246
person's whole blood, blood serum or plasma, breath, or urine at	18247
any time relevant to the criminal offense in question, and that	18248
conforms to section 2317.022 of the Revised Code, the provider,	18249
except to the extent specifically prohibited by any law of this	18250
state or of the United States, shall supply to the officer a copy	18251
of any of the requested records the provider possesses. If the	18252
health care provider does not possess any of the requested	18253
records, the provider shall give the officer a written statement	18254
that indicates that the provider does not possess any of the	18255
requested records.	18256

(b) If a health care provider possesses any records of the	18257
type described in division (B)(2)(a) of this section regarding the	18258
person in question at any time relevant to the criminal offense in	18259
question, in lieu of personally testifying as to the results of	18260
the test in question, the custodian of the records may submit a	18261
certified copy of the records, and, upon its submission, the	18262
certified copy is qualified as authentic evidence and may be	18263
admitted as evidence in accordance with the Rules of Evidence.	18264
Division (A) of section 2317.422 of the Revised Code does not	18265
apply to any certified copy of records submitted in accordance	18266
with this division. Nothing in this division shall be construed to	18267
limit the right of any party to call as a witness the person who	18268
administered the test to which the records pertain, the person	18269
under whose supervision the test was administered, the custodian	18270
of the records, the person who made the records, or the person	18271
under whose supervision the records were made.	18272

(3)(a) If the testimonial privilege described in division	18273
(B)(1) of this section does not apply as provided in division	18274
(B)(1)(a)(iii) of this section, a physician or dentist may be	18275
compelled to testify or to submit to discovery under the Rules of	18276
Civil Procedure only as to a communication made to the physician	18277
or dentist by the patient in question in that relation, or the	18278
physician's or dentist's advice to the patient in question, that	18279
related causally or historically to physical or mental injuries	18280
that are relevant to issues in the medical claim, dental claim,	18281
chiropractic claim, or optometric claim, action for wrongful	18282
death, other civil action, or claim under Chapter 4123. of the	18283
Revised Code.	18284

(b) If the testimonial privilege described in division (B)(1)	18285
of this section does not apply to a physician or dentist as	18286
provided in division (B)(1)(c) of this section, the physician or	18287
dentist, in lieu of personally testifying as to the results of the	18288
test in question, may submit a certified copy of those results,	18289
and, upon its submission, the certified copy is qualified as	18290
authentic evidence and may be admitted as evidence in accordance	18291
with the Rules of Evidence. Division (A) of section 2317.422 of	18292
the Revised Code does not apply to any certified copy of results	18293
submitted in accordance with this division. Nothing in this	18294
division shall be construed to limit the right of any party to	18295
call as a witness the person who administered the test in	18296
question, the person under whose supervision the test was	18297
administered, the custodian of the results of the test, the person	18298
who compiled the results, or the person under whose supervision	18299
the results were compiled.	18300

(4) The testimonial privilege described in division (B)(1) of	18301
this section is not waived when a communication is made by a	18302
physician to a pharmacist or when there is communication between a	18303
patient and a pharmacist in furtherance of the physician-patient	18304
relation.	18305

(5)(a) As used in divisions (B)(1) to (4) of this section,	18306
"communication" means acquiring, recording, or transmitting any	18307
information, in any manner, concerning any facts, opinions, or	18308
statements necessary to enable a physician or dentist to diagnose,	18309
treat, prescribe, or act for a patient. A "communication" may	18310
include, but is not limited to, any medical or dental, office, or	18311
hospital communication such as a record, chart, letter,	18312
memorandum, laboratory test and results, x-ray, photograph,	18313
financial statement, diagnosis, or prognosis.	18314

(b) As used in division (B)(2) of this section, "health care	18315
provider" means a hospital, ambulatory care facility, long-term	18316
care facility, pharmacy, emergency facility, or health care	18317
practitioner.	18318

18319

(i) "Ambulatory care facility" means a facility that provides	18320
medical, diagnostic, or surgical treatment to patients who do not	18321
require hospitalization, including a dialysis center, ambulatory	18322
surgical facility, cardiac catheterization facility, diagnostic	18323
imaging center, extracorporeal shock wave lithotripsy center, home	18324
health agency, inpatient hospice, birthing center, radiation	18325
therapy center, emergency facility, and an urgent care center.	18326
"Ambulatory health care facility" does not include the private	18327
office of a physician or dentist, whether the office is for an	18328
individual or group practice.	18329

(ii) "Emergency facility" means a hospital emergency	18330
department or any other facility that provides emergency medical	18331
services.	18332

(iii) "Health care practitioner" has the same meaning as in	18333
section 4769.01 of the Revised Code.	18334

(iv) "Hospital" has the same meaning as in section 3727.01 of	18335
the Revised Code.	18336

(v) "Long-term care facility" means a nursing home,	18337
residential care facility, or home for the aging, as those terms	18338
are defined in section 3721.01 of the Revised Code; ~~an adult care~~	18339
a residential facility~~, as defined in~~licensed under section	18340
~~5119.70~~5119.22 of the Revised Code that provides accommodations,	18341
supervision, and personal care services for three to sixteen	18342
unrelated adults; a nursing facility or intermediate care facility	18343
for the mentally retarded, as those terms are defined in section	18344
5111.20 of the Revised Code; a facility or portion of a facility	18345
certified as a skilled nursing facility under Title XVIII of the	18346
"Social Security Act," 49 Stat. 286 (1965), 42 U.S.C.A. 1395, as	18347
amended.	18348

(vi) "Pharmacy" has the same meaning as in section 4729.01 of	18349
the Revised Code.	18350

(d) As used in divisions (B)(1) and (2) of this section,	18351
"drug of abuse" has the same meaning as in section 4506.01 of the	18352
Revised Code.	18353

(6) Divisions (B)(1), (2), (3), (4), and (5) of this section	18354
apply to doctors of medicine, doctors of osteopathic medicine,	18355
doctors of podiatry, and dentists.	18356

(7) Nothing in divisions (B)(1) to (6) of this section	18357
affects, or shall be construed as affecting, the immunity from	18358
civil liability conferred by section 307.628 of the Revised Code	18359
or the immunity from civil liability conferred by section 2305.33	18360
of the Revised Code upon physicians who report an employee's use	18361
of a drug of abuse, or a condition of an employee other than one	18362
involving the use of a drug of abuse, to the employer of the	18363
employee in accordance with division (B) of that section. As used	18364
in division (B)(7) of this section, "employee," "employer," and	18365
"physician" have the same meanings as in section 2305.33 of the	18366
Revised Code.	18367

(C)(1) A cleric, when the cleric remains accountable to the	18368
authority of that cleric's church, denomination, or sect,	18369
concerning a confession made, or any information confidentially	18370
communicated, to the cleric for a religious counseling purpose in	18371
the cleric's professional character. The cleric may testify by	18372
express consent of the person making the communication, except	18373
when the disclosure of the information is in violation of a sacred	18374
trust and except that, if the person voluntarily testifies or is	18375
deemed by division (A)(4)(c) of section 2151.421 of the Revised	18376
Code to have waived any testimonial privilege under this division,	18377
the cleric may be compelled to testify on the same subject except	18378
when disclosure of the information is in violation of a sacred	18379
trust.	18380

(2) As used in division (C) of this section:

18381

(a) "Cleric" means a member of the clergy, rabbi, priest,	18382
Christian Science practitioner, or regularly ordained, accredited,	18383
or licensed minister of an established and legally cognizable	18384
church, denomination, or sect.	18385

(b) "Sacred trust" means a confession or confidential	18386
communication made to a cleric in the cleric's ecclesiastical	18387
capacity in the course of discipline enjoined by the church to	18388
which the cleric belongs, including, but not limited to, the	18389
Catholic Church, if both of the following apply:	18390

(i) The confession or confidential communication was made	18391
directly to the cleric.	18392

(ii) The confession or confidential communication was made in	18393
the manner and context that places the cleric specifically and	18394
strictly under a level of confidentiality that is considered	18395
inviolate by canon law or church doctrine.	18396

(D) Husband or wife, concerning any communication made by one	18397
to the other, or an act done by either in the presence of the	18398
other, during coverture, unless the communication was made, or act	18399
done, in the known presence or hearing of a third person competent	18400
to be a witness; and such rule is the same if the marital relation	18401
has ceased to exist;	18402

(E) A person who assigns a claim or interest, concerning any	18403
matter in respect to which the person would not, if a party, be	18404
permitted to testify;	18405

(F) A person who, if a party, would be restricted under	18406
section 2317.03 of the Revised Code, when the property or thing is	18407
sold or transferred by an executor, administrator, guardian,	18408
trustee, heir, devisee, or legatee, shall be restricted in the	18409
same manner in any action or proceeding concerning the property or	18410
thing.	18411

(G)(1) A school guidance counselor who holds a valid educator	18412
license from the state board of education as provided for in	18413
section 3319.22 of the Revised Code, a person licensed under	18414
Chapter 4757. of the Revised Code as a professional clinical	18415
counselor, professional counselor, social worker, independent	18416
social worker, marriage and family therapist or independent	18417
marriage and family therapist, or registered under Chapter 4757.	18418
of the Revised Code as a social work assistant concerning a	18419
confidential communication received from a client in that relation	18420
or the person's advice to a client unless any of the following	18421
applies:	18422

(a) The communication or advice indicates clear and present	18423
danger to the client or other persons. For the purposes of this	18424
division, cases in which there are indications of present or past	18425
child abuse or neglect of the client constitute a clear and	18426
present danger.	18427

(b) The client gives express consent to the testimony.

18428

(c) If the client is deceased, the surviving spouse or the	18429
executor or administrator of the estate of the deceased client	18430
gives express consent.	18431

(d) The client voluntarily testifies, in which case the	18432
school guidance counselor or person licensed or registered under	18433
Chapter 4757. of the Revised Code may be compelled to testify on	18434
the same subject.	18435

(e) The court in camera determines that the information	18436
communicated by the client is not germane to the counselor-client,	18437
marriage and family therapist-client, or social worker-client	18438
relationship.	18439

(f) A court, in an action brought against a school, its	18440
administration, or any of its personnel by the client, rules after	18441
an in-camera inspection that the testimony of the school guidance	18442
counselor is relevant to that action.	18443

(g) The testimony is sought in a civil action and concerns	18444
court-ordered treatment or services received by a patient as part	18445
of a case plan journalized under section 2151.412 of the Revised	18446
Code or the court-ordered treatment or services are necessary or	18447
relevant to dependency, neglect, or abuse or temporary or	18448
permanent custody proceedings under Chapter 2151. of the Revised	18449
Code.	18450

(2) Nothing in division (G)(1) of this section shall relieve	18451
a school guidance counselor or a person licensed or registered	18452
under Chapter 4757. of the Revised Code from the requirement to	18453
report information concerning child abuse or neglect under section	18454
2151.421 of the Revised Code.	18455

(H) A mediator acting under a mediation order issued under	18456
division (A) of section 3109.052 of the Revised Code or otherwise	18457
issued in any proceeding for divorce, dissolution, legal	18458
separation, annulment, or the allocation of parental rights and	18459
responsibilities for the care of children, in any action or	18460
proceeding, other than a criminal, delinquency, child abuse, child	18461
neglect, or dependent child action or proceeding, that is brought	18462
by or against either parent who takes part in mediation in	18463
accordance with the order and that pertains to the mediation	18464
process, to any information discussed or presented in the	18465
mediation process, to the allocation of parental rights and	18466
responsibilities for the care of the parents' children, or to the	18467
awarding of parenting time rights in relation to their children;	18468

(I) A communications assistant, acting within the scope of	18469
the communication assistant's authority, when providing	18470
telecommunications relay service pursuant to section 4931.06 of	18471
the Revised Code or Title II of the "Communications Act of 1934,"	18472
104 Stat. 366 (1990), 47 U.S.C. 225, concerning a communication	18473
made through a telecommunications relay service. Nothing in this	18474
section shall limit the obligation of a communications assistant	18475
to divulge information or testify when mandated by federal law or	18476
regulation or pursuant to subpoena in a criminal proceeding.	18477

Nothing in this section shall limit any immunity or privilege	18478
granted under federal law or regulation.	18479

(J)(1) A chiropractor in a civil proceeding concerning a	18480
communication made to the chiropractor by a patient in that	18481
relation or the chiropractor's advice to a patient, except as	18482
otherwise provided in this division. The testimonial privilege	18483
established under this division does not apply, and a chiropractor	18484
may testify or may be compelled to testify, in any civil action,	18485
in accordance with the discovery provisions of the Rules of Civil	18486
Procedure in connection with a civil action, or in connection with	18487
a claim under Chapter 4123. of the Revised Code, under any of the	18488
following circumstances:	18489

(a) If the patient or the guardian or other legal	18490
representative of the patient gives express consent.	18491

(b) If the patient is deceased, the spouse of the patient or	18492
the executor or administrator of the patient's estate gives	18493
express consent.	18494

(c) If a medical claim, dental claim, chiropractic claim, or	18495
optometric claim, as defined in section 2305.113 of the Revised	18496
Code, an action for wrongful death, any other type of civil	18497
action, or a claim under Chapter 4123. of the Revised Code is	18498
filed by the patient, the personal representative of the estate of	18499
the patient if deceased, or the patient's guardian or other legal	18500
representative.	18501

(2) If the testimonial privilege described in division (J)(1)	18502
of this section does not apply as provided in division (J)(1)(c)	18503
of this section, a chiropractor may be compelled to testify or to	18504
submit to discovery under the Rules of Civil Procedure only as to	18505
a communication made to the chiropractor by the patient in	18506
question in that relation, or the chiropractor's advice to the	18507
patient in question, that related causally or historically to	18508
physical or mental injuries that are relevant to issues in the	18509
medical claim, dental claim, chiropractic claim, or optometric	18510
claim, action for wrongful death, other civil action, or claim	18511
under Chapter 4123. of the Revised Code.	18512

(3) The testimonial privilege established under this division	18513
does not apply, and a chiropractor may testify or be compelled to	18514
testify, in any criminal action or administrative proceeding.	18515

(4) As used in this division, "communication" means	18516
acquiring, recording, or transmitting any information, in any	18517
manner, concerning any facts, opinions, or statements necessary to	18518
enable a chiropractor to diagnose, treat, or act for a patient. A	18519
communication may include, but is not limited to, any	18520
chiropractic, office, or hospital communication such as a record,	18521
chart, letter, memorandum, laboratory test and results, x-ray,	18522
photograph, financial statement, diagnosis, or prognosis.	18523

(K)(1) Except as provided under division (K)(2) of this	18524
section, a critical incident stress management team member	18525
concerning a communication received from an individual who	18526
receives crisis response services from the team member, or the	18527
team member's advice to the individual, during a debriefing	18528
session.	18529

(2) The testimonial privilege established under division	18530
(K)(1) of this section does not apply if any of the following are	18531
true:	18532

(a) The communication or advice indicates clear and present	18533
danger to the individual who receives crisis response services or	18534
to other persons. For purposes of this division, cases in which	18535
there are indications of present or past child abuse or neglect of	18536
the individual constitute a clear and present danger.	18537

(b) The individual who received crisis response services	18538
gives express consent to the testimony.	18539

(c) If the individual who received crisis response services	18540
is deceased, the surviving spouse or the executor or administrator	18541
of the estate of the deceased individual gives express consent.	18542

(d) The individual who received crisis response services	18543
voluntarily testifies, in which case the team member may be	18544
compelled to testify on the same subject.	18545

(e) The court in camera determines that the information	18546
communicated by the individual who received crisis response	18547
services is not germane to the relationship between the individual	18548
and the team member.	18549

(f) The communication or advice pertains or is related to any	18550
criminal act.	18551

(3) As used in division (K) of this section:

18552

(a) "Crisis response services" means consultation, risk	18553
assessment, referral, and on-site crisis intervention services	18554
provided by a critical incident stress management team to	18555
individuals affected by crisis or disaster.	18556

(b) "Critical incident stress management team member" or	18557
"team member" means an individual specially trained to provide	18558
crisis response services as a member of an organized community or	18559
local crisis response team that holds membership in the Ohio	18560
critical incident stress management network.	18561

(c) "Debriefing session" means a session at which crisis	18562
response services are rendered by a critical incident stress	18563
management team member during or after a crisis or disaster.	18564

(L)(1) Subject to division (L)(2) of this section and except	18565
as provided in division (L)(3) of this section, an employee	18566
assistance professional, concerning a communication made to the	18567
employee assistance professional by a client in the employee	18568
assistance professional's official capacity as an employee	18569
assistance professional.	18570

(2) Division (L)(1) of this section applies to an employee	18571
assistance professional who meets either or both of the following	18572
requirements:	18573

(a) Is certified by the employee assistance certification	18574
commission to engage in the employee assistance profession;	18575

(b) Has education, training, and experience in all of the	18576
following:	18577

(i) Providing workplace-based services designed to address	18578
employer and employee productivity issues;	18579

(ii) Providing assistance to employees and employees'	18580
dependents in identifying and finding the means to resolve	18581
personal problems that affect the employees or the employees'	18582
performance;	18583

(iii) Identifying and resolving productivity problems	18584
associated with an employee's concerns about any of the following	18585
matters: health, marriage, family, finances, substance abuse or	18586
other addiction, workplace, law, and emotional issues;	18587

(iv) Selecting and evaluating available community resources;

18588

(v) Making appropriate referrals;

18589

(vi) Local and national employee assistance agreements;

18590

(vii) Client confidentiality.

18591

(3) Division (L)(1) of this section does not apply to any of	18592
the following:	18593

(a) A criminal action or proceeding involving an offense	18594
under sections 2903.01 to 2903.06 of the Revised Code if the	18595
employee assistance professional's disclosure or testimony relates	18596
directly to the facts or immediate circumstances of the offense;	18597

(b) A communication made by a client to an employee	18598
assistance professional that reveals the contemplation or	18599
commission of a crime or serious, harmful act;	18600

(c) A communication that is made by a client who is an	18601
unemancipated minor or an adult adjudicated to be incompetent and	18602
indicates that the client was the victim of a crime or abuse;	18603

(d) A civil proceeding to determine an individual's mental	18604
competency or a criminal action in which a plea of not guilty by	18605
reason of insanity is entered;	18606

(e) A civil or criminal malpractice action brought against	18607
the employee assistance professional;	18608

(f) When the employee assistance professional has the express	18609
consent of the client or, if the client is deceased or disabled,	18610
the client's legal representative;	18611

(g) When the testimonial privilege otherwise provided by	18612
division (L)(1) of this section is abrogated under law.	18613

Sec. 2317.422. (A) Notwithstanding sections 2317.40 and	18614
2317.41 of the Revised Code but subject to division (B) of this	18615
section, the records, or copies or photographs of the records, of	18616
a hospital, homes required to be licensed pursuant to section	18617
3721.01 of the Revised Code, and ~~adult care~~residential facilities	18618
~~required to be~~ licensed pursuant to ~~Chapter 5119.~~section 5119.22	18619
of the Revised Code that provides accommodations, supervision, and	18620
personal care services for three to sixteen unrelated adults, in	18621
lieu of the testimony in open court of their custodian, person who	18622
made them, or person under whose supervision they were made, may	18623
be qualified as authentic evidence if any such person endorses	18624
thereon the person's verified certification identifying such	18625
records, giving the mode and time of their preparation, and	18626
stating that they were prepared in the usual course of the	18627
business of the institution. Such records, copies, or photographs	18628
may not be qualified by certification as provided in this section	18629
unless the party intending to offer them delivers a copy of them,	18630
or of their relevant portions, to the attorney of record for each	18631
adverse party not less than five days before trial. Nothing in	18632
this section shall be construed to limit the right of any party to	18633
call the custodian, person who made such records, or person under	18634
whose supervision they were made, as a witness.	18635

(B) Division (A) of this section does not apply to any	18636
certified copy of the results of any test given to determine the	18637
presence or concentration of alcohol, a drug of abuse, a	18638
combination of them, a controlled substance, or a metabolite of a	18639
controlled substance in a patient's whole blood, blood serum or	18640
plasma, breath, or urine at any time relevant to a criminal	18641
offense that is submitted in a criminal action or proceeding in	18642
accordance with division (B)(2)(b) or (B)(3)(b) of section 2317.02	18643
of the Revised Code.	18644

Sec. 2317.56. (A) As used in this section:

18645

(1) "Medical emergency" means a condition of a pregnant woman	18646
that, in the reasonable judgment of the physician who is attending	18647
the woman, creates an immediate threat of serious risk to the life	18648
or physical health of the woman from the continuation of the	18649
pregnancy necessitating the immediate performance or inducement of	18650
an abortion.	18651

(2) "Medical necessity" means a medical condition of a	18652
pregnant woman that, in the reasonable judgment of the physician	18653
who is attending the woman, so complicates the pregnancy that it	18654
necessitates the immediate performance or inducement of an	18655
abortion.	18656

(3) "Probable gestational age of the embryo or fetus" means	18657
the gestational age that, in the judgment of a physician, is, with	18658
reasonable probability, the gestational age of the embryo or fetus	18659
at the time that the physician informs a pregnant woman pursuant	18660
to division (B)(1)(b) of this section.	18661

(B) Except when there is a medical emergency or medical	18662
necessity, an abortion shall be performed or induced only if all	18663
of the following conditions are satisfied:	18664

(1) At least twenty-four hours prior to the performance or	18665
inducement of the abortion, a physician meets with the pregnant	18666
woman in person in an individual, private setting and gives her an	18667
adequate opportunity to ask questions about the abortion that will	18668
be performed or induced. At this meeting, the physician shall	18669
inform the pregnant woman, verbally or, if she is hearing	18670
impaired, by other means of communication, of all of the	18671
following:	18672

(a) The nature and purpose of the particular abortion	18673
procedure to be used and the medical risks associated with that	18674
procedure;	18675

(b) The probable gestational age of the embryo or fetus;

18676

(c) The medical risks associated with the pregnant woman	18677
carrying the pregnancy to term.	18678

The meeting need not occur at the facility where the abortion	18679
is to be performed or induced, and the physician involved in the	18680
meeting need not be affiliated with that facility or with the	18681
physician who is scheduled to perform or induce the abortion.	18682

(2) At least twenty-four hours prior to the performance or	18683
inducement of the abortion, one or more physicians or one or more	18684
agents of one or more physicians do each of the following in	18685
person, by telephone, by certified mail, return receipt requested,	18686
or by regular mail evidenced by a certificate of mailing:	18687

(a) Inform the pregnant woman of the name of the physician	18688
who is scheduled to perform or induce the abortion;	18689

(b) Give the pregnant woman copies of the published materials	18690
described in division (C) of this section;	18691

(c) Inform the pregnant woman that the materials given	18692
pursuant to division (B)(2)(b) of this section are ~~provided~~	18693
published by the state and that they describe the embryo or fetus	18694
and list agencies that offer alternatives to abortion. The	18695
pregnant woman may choose to examine or not to examine the	18696
materials. A physician or an agent of a physician may choose to be	18697
disassociated from the materials and may choose to comment or not	18698
comment on the materials.	18699

(3) Prior to the performance or inducement of the abortion,	18700
the pregnant woman signs a form consenting to the abortion and	18701
certifies both of the following on that form:	18702

(a) She has received the information and materials described	18703
in divisions (B)(1) and (2) of this section, and her questions	18704
about the abortion that will be performed or induced have been	18705
answered in a satisfactory manner.	18706

(b) She consents to the particular abortion voluntarily,	18707
knowingly, intelligently, and without coercion by any person, and	18708
she is not under the influence of any drug of abuse or alcohol.	18709

(4) Prior to the performance or inducement of the abortion,	18710
the physician who is scheduled to perform or induce the abortion	18711
or the physician's agent receives a copy of the pregnant woman's	18712
signed form on which she consents to the abortion and that	18713
includes the certification required by division (B)(3) of this	18714
section.	18715

(C) The department of health shall ~~cause to be published~~	18716
publish in English and in Spanish, in a typeface large enough to	18717
be clearly legible, and in an easily comprehensible format, the	18718
following materials on the department's web site:	18719

(1) Materials that inform the pregnant woman about family	18720
planning information, of publicly funded agencies that are	18721
available to assist in family planning, and of public and private	18722
agencies and services that are available to assist her through the	18723
pregnancy, upon childbirth, and while the child is dependent,	18724
including, but not limited to, adoption agencies. The materials	18725
shall be geographically indexed; include a comprehensive list of	18726
the available agencies, a description of the services offered by	18727
the agencies, and the telephone numbers and addresses of the	18728
agencies; and inform the pregnant woman about available medical	18729
assistance benefits for prenatal care, childbirth, and neonatal	18730
care and about the support obligations of the father of a child	18731
who is born alive. The department shall ensure that the materials	18732
described in division (C)(1) of this section are comprehensive and	18733
do not directly or indirectly promote, exclude, or discourage the	18734
use of any agency or service described in this division.	18735

(2) Materials that inform the pregnant woman of the probable	18736
anatomical and physiological characteristics of the zygote,	18737
blastocyte, embryo, or fetus at two-week gestational increments	18738
for the first sixteen weeks of pregnancy and at four-week	18739
gestational increments from the seventeenth week of pregnancy to	18740
full term, including any relevant information regarding the time	18741
at which the fetus possibly would be viable. The department shall	18742
cause these materials to be published only after it consults with	18743
the Ohio state medical association and the Ohio section of the	18744
American college of obstetricians and gynecologists relative to	18745
the probable anatomical and physiological characteristics of a	18746
zygote, blastocyte, embryo, or fetus at the various gestational	18747
increments. The materials shall use language that is	18748
understandable by the average person who is not medically trained,	18749
shall be objective and nonjudgmental, and shall include only	18750
accurate scientific information about the zygote, blastocyte,	18751
embryo, or fetus at the various gestational increments. If the	18752
materials use a pictorial, photographic, or other depiction to	18753
provide information regarding the zygote, blastocyte, embryo, or	18754
fetus, the materials shall include, in a conspicuous manner, a	18755
scale or other explanation that is understandable by the average	18756
person and that can be used to determine the actual size of the	18757
zygote, blastocyte, embryo, or fetus at a particular gestational	18758
increment as contrasted with the depicted size of the zygote,	18759
blastocyte, embryo, or fetus at that gestational increment.	18760

(D) Upon the submission of a request to the department of	18761
health by any person, hospital, physician, or medical facility for	18762
one ~~or more copies~~copy of the materials published in accordance	18763
with division (C) of this section, the department shall make the	18764
requested ~~number of copies~~copy of the materials available to the	18765
person, hospital, physician, or medical facility that requested	18766
the ~~copies~~copy.	18767

(E) If a medical emergency or medical necessity compels the	18768
performance or inducement of an abortion, the physician who will	18769
perform or induce the abortion, prior to its performance or	18770
inducement if possible, shall inform the pregnant woman of the	18771
medical indications supporting the physician's judgment that an	18772
immediate abortion is necessary. Any physician who performs or	18773
induces an abortion without the prior satisfaction of the	18774
conditions specified in division (B) of this section because of a	18775
medical emergency or medical necessity shall enter the reasons for	18776
the conclusion that a medical emergency or medical necessity	18777
exists in the medical record of the pregnant woman.	18778

(F) If the conditions specified in division (B) of this	18779
section are satisfied, consent to an abortion shall be presumed to	18780
be valid and effective.	18781

(G) The performance or inducement of an abortion without the	18782
prior satisfaction of the conditions specified in division (B) of	18783
this section does not constitute, and shall not be construed as	18784
constituting, a violation of division (A) of section 2919.12 of	18785
the Revised Code. The failure of a physician to satisfy the	18786
conditions of division (B) of this section prior to performing or	18787
inducing an abortion upon a pregnant woman may be the basis of	18788
both of the following:	18789

(1) A civil action for compensatory and exemplary damages as	18790
described in division (H) of this section;	18791

(2) Disciplinary action under section 4731.22 of the Revised	18792
Code.	18793

(H)(1) Subject to divisions (H)(2) and (3) of this section,	18794
any physician who performs or induces an abortion with actual	18795
knowledge that the conditions specified in division (B) of this	18796
section have not been satisfied or with a heedless indifference as	18797
to whether those conditions have been satisfied is liable in	18798
compensatory and exemplary damages in a civil action to any	18799
person, or the representative of the estate of any person, who	18800
sustains injury, death, or loss to person or property as a result	18801
of the failure to satisfy those conditions. In the civil action,	18802
the court additionally may enter any injunctive or other equitable	18803
relief that it considers appropriate.	18804

(2) The following shall be affirmative defenses in a civil	18805
action authorized by division (H)(1) of this section:	18806

(a) The physician performed or induced the abortion under the	18807
circumstances described in division (E) of this section.	18808

(b) The physician made a good faith effort to satisfy the	18809
conditions specified in division (B) of this section.	18810

~~(c) The physician or an agent of the physician requested~~	18811
~~copies of the materials published in accordance with division (C)~~	18812
~~of this section from the department of health, but the physician~~	18813
~~was not able to give a pregnant woman copies of the materials~~	18814
~~pursuant to division (B)(2) of this section and to obtain a~~	18815
~~certification as described in divisions (B)(3) and (4) of this~~	18816
~~section because the department failed to make the requested number~~	18817
~~of copies available to the physician or agent in accordance with~~	18818
~~division (D) of this section.~~	18819

(3) An employer or other principal is not liable in damages	18820
in a civil action authorized by division (H)(1) of this section on	18821
the basis of the doctrine of respondeat superior unless either of	18822
the following applies:	18823

(a) The employer or other principal had actual knowledge or,	18824
by the exercise of reasonable diligence, should have known that an	18825
employee or agent performed or induced an abortion with actual	18826
knowledge that the conditions specified in division (B) of this	18827
section had not been satisfied or with a heedless indifference as	18828
to whether those conditions had been satisfied.	18829

(b) The employer or other principal negligently failed to	18830
secure the compliance of an employee or agent with division (B) of	18831
this section.	18832

(4) Notwithstanding division (E) of section 2919.12 of the	18833
Revised Code, the civil action authorized by division (H)(1) of	18834
this section shall be the exclusive civil remedy for persons, or	18835
the representatives of estates of persons, who allegedly sustain	18836
injury, death, or loss to person or property as a result of a	18837
failure to satisfy the conditions specified in division (B) of	18838
this section.	18839

(I) The department of job and family services shall prepare	18840
and conduct a public information program to inform women of all	18841
available governmental programs and agencies that provide services	18842
or assistance for family planning, prenatal care, child care, or	18843
alternatives to abortion.	18844

Sec. 2329.192. (A) As used in this section:

18845

(1) "State lien" means a lien upon real estate, including	18846
lands and tenements, indebted to the state for debt, taxes, or in	18847
any other manner recorded by a state agency in any office of the	18848
clerk of a county court or the county recorder.	18849

(2) "State lienholder" means the department, agency, or other	18850
division of the state in whose name a state lien has been filed or	18851
recorded.	18852

(B) In every action seeking the judicial sale of real estate	18853
that is subject to a state lien, all of the following apply:	18854

(1) The party seeking a judicial sale shall include the state	18855
lienholder as a party defendant and shall serve that state	18856
lienholder with a copy of the preliminary judicial report or	18857
commitment for an owner's fee policy of title insurance filed in	18858
accordance with section 2329.191 of the Revised Code.	18859

(2) A state lienholder shall not be made a party defendant if	18860
no state lien has been recorded against the owner of the real	18861
estate for which the judicial sale is sought.	18862

(3) The appearance of the state lienholder shall be presumed	18863
for purposes of jurisdiction, and the court shall take judicial	18864
notice that the state has a lien against the real estate.	18865

(4) A state lienholder may, but is not required to, file an	18866
answer to the complaint or any other pleading in the action if the	18867
amount, validity, or priority of the state lien is not identified	18868
in the pleadings as disputed and shall file an answer to the	18869
complaint or any other pleading in the action if the amount,	18870
validity, or priority of the state lien is identified in the	18871
pleadings as disputed. If a state lien is not identified as	18872
disputed, unless the state files an answer or other responsive	18873
pleading, the party seeking the judicial sale is not required to	18874
serve the state lienholder with any answer or subsequent pleadings	18875
in the action for judicial sale.	18876

(5) As part of any order confirming the sale of the real	18877
estate that is subject to any undisputed state lien or	18878
distributing the proceeds of any judicial sale of real estate, the	18879
undisputed state lien shall be protected as if the state had	18880
appeared in the action and filed an answer asserting the validity	18881
of the state lien as recorded in the office of the clerk of the	18882
county court or the office of the county recorder.	18883

(6) Any party asserting a dispute as to the amount, validity,	18884
or priority of the state lien or of any lien or other interest	18885
that has priority over the state lien shall serve the state	18886
lienholder and the attorney general with notice of the dispute,	18887
and the state lienholder shall be permitted to file a responsive	18888
pleading and participate in the proceedings as if the state	18889
lienholder had been served with a summons on the date the state	18890
lienholder received notice of the dispute.	18891

(C) Upon the judicial sale of the real estate that is the	18892
subject of an action under division (B) of this section, the	18893
interest of any undisputed state lien shall transfer to the	18894
proceeds of the sale of the real estate, and the state lienholder	18895
shall be entitled to payment from the proceeds of the sale of the	18896
real estate in accordance with the state lienholder's priority as	18897
set forth in the final judicial report or commitment for an	18898
owner's fee policy of title insurance filed in accordance with	18899
section 2329.191 of the Revised Code.	18900

Sec. 2501.02. Each judge of a court of appeals shall have	18901
been admitted to practice as an attorney at law in this state and	18902
have, for a total of six years preceding the judge's appointment	18903
or commencement of the judge's term, engaged in the practice of	18904
law in this state or served as a judge of a court of record in any	18905
jurisdiction in the United States, or both. ~~At least two of the~~	18906
~~years of practice or service that qualify a judge shall have been~~	18907
~~in this state.~~ One judge shall be chosen in each court of appeals	18908
district every two years, and shall hold office for six years,	18909
beginning on the ninth day of February next after the judge's	18910
election.	18911

In addition to the original jurisdiction conferred by Section	18912
3 of Article IV, Ohio Constitution, the court shall have	18913
jurisdiction upon an appeal upon questions of law to review,	18914
affirm, modify, set aside, or reverse judgments or final orders of	18915
courts of record inferior to the court of appeals within the	18916
district, including the finding, order, or judgment of a juvenile	18917
court that a child is delinquent, neglected, abused, or dependent,	18918
for prejudicial error committed by such lower court.	18919

The court, on good cause shown, may issue writs of	18920
supersedeas in any case, and all other writs, not specially	18921
provided for or prohibited by statute, necessary to enforce the	18922
administration of justice.	18923

Sec. 2503.01. The supreme court shall consist of a chief	18924
justice and six justices, each of whom has been admitted to	18925
practice as an attorney at law in this state and has, for a total	18926
of at least six years preceding appointment or commencement of the	18927
justice's term, engaged in the practice of law in this state or	18928
served as a judge of a court of record in any jurisdiction of the	18929
United States, or both. ~~At least two of the years of practice or~~	18930
~~service that qualify a justice shall have been in this state.~~	18931

Sec. 2743.02. (A)(1) The state hereby waives its immunity	18932
from liability, except as provided for the office of the state	18933
fire marshal in division (G)(1) of section 9.60 and division (B)	18934
of section 3737.221 of the Revised Code and subject to division	18935
(H) of this section, and consents to be sued, and have its	18936
liability determined, in the court of claims created in this	18937
chapter in accordance with the same rules of law applicable to	18938
suits between private parties, except that the determination of	18939
liability is subject to the limitations set forth in this chapter	18940
and, in the case of state universities or colleges, in section	18941
3345.40 of the Revised Code, and except as provided in division	18942
(A)(2) or (3) of this section. To the extent that the state has	18943
previously consented to be sued, this chapter has no	18944
applicability.	18945

Except in the case of a civil action filed by the state,	18946
filing a civil action in the court of claims results in a complete	18947
waiver of any cause of action, based on the same act or omission,	18948
~~which~~that the filing party has against any officer or employee,	18949
as defined in section 109.36 of the Revised Code. The waiver shall	18950
be void if the court determines that the act or omission was	18951
manifestly outside the scope of the officer's or employee's office	18952
or employment or that the officer or employee acted with malicious	18953
purpose, in bad faith, or in a wanton or reckless manner.	18954

(2) If a claimant proves in the court of claims that an	18955
officer or employee, as defined in section 109.36 of the Revised	18956
Code, would have personal liability for the officer's or	18957
employee's acts or omissions but for the fact that the officer or	18958
employee has personal immunity under section 9.86 of the Revised	18959
Code, the state shall be held liable in the court of claims in any	18960
action that is timely filed pursuant to section 2743.16 of the	18961
Revised Code and that is based upon the acts or omissions.	18962

(3)(a) Except as provided in division (A)(3)(b) of this	18963
section, the state is immune from liability in any civil action or	18964
proceeding involving the performance or nonperformance of a public	18965
duty, including the performance or nonperformance of a public duty	18966
that is owed by the state in relation to any action of an	18967
individual who is committed to the custody of the state.	18968

(b) The state immunity provided in division (A)(3)(a) of this	18969
section does not apply to any action of the state under	18970
circumstances in which a special relationship can be established	18971
between the state and an injured party. A special relationship	18972
under this division is demonstrated if all of the following	18973
elements exist:	18974

(i) An assumption by the state, by means of promises or	18975
actions, of an affirmative duty to act on behalf of the party who	18976
was allegedly injured;	18977

(ii) Knowledge on the part of the state's agents that	18978
inaction of the state could lead to harm;	18979

(iii) Some form of direct contact between the state's agents	18980
and the injured party;	18981

(iv) The injured party's justifiable reliance on the state's	18982
affirmative undertaking.	18983

(B) The state hereby waives the immunity from liability of	18984
all hospitals owned or operated by one or more political	18985
subdivisions and consents for them to be sued, and to have their	18986
liability determined, in the court of common pleas, in accordance	18987
with the same rules of law applicable to suits between private	18988
parties, subject to the limitations set forth in this chapter.	18989
This division is also applicable to hospitals owned or operated by	18990
political subdivisions ~~which~~that have been determined by the	18991
supreme court to be subject to suit prior to July 28, 1975.	18992

(C) Any hospital, as defined in section 2305.113 of the	18993
Revised Code, may purchase liability insurance covering its	18994
operations and activities and its agents, employees, nurses,	18995
interns, residents, staff, and members of the governing board and	18996
committees, and, whether or not such insurance is purchased, may,	18997
to ~~such~~the extent asthat its governing board considers	18998
appropriate, indemnify or agree to indemnify and hold harmless any	18999
such person against expense, including attorney's fees, damage,	19000
loss, or other liability arising out of, or claimed to have arisen	19001
out of, the death, disease, or injury of any person as a result of	19002
the negligence, malpractice, or other action or inaction of the	19003
indemnified person while acting within the scope of the	19004
indemnified person's duties or engaged in activities at the	19005
request or direction, or for the benefit, of the hospital. Any	19006
hospital electing to indemnify ~~such~~those persons, or to agree to	19007
so indemnify, shall reserve ~~such~~any funds asthat are necessary,	19008
in the exercise of sound and prudent actuarial judgment, to cover	19009
the potential expense, fees, damage, loss, or other liability. The	19010
superintendent of insurance may recommend, or, if ~~such~~the	19011
hospital requests the superintendent to do so, the superintendent	19012
shall recommend, a specific amount for any period that, in the	19013
superintendent's opinion, represents such a judgment. This	19014
authority is in addition to any authorization otherwise provided	19015
or permitted by law.	19016

(D) Recoveries against the state shall be reduced by the	19017
aggregate of insurance proceeds, disability award, or other	19018
collateral recovery received by the claimant. This division does	19019
not apply to civil actions in the court of claims against a state	19020
university or college under the circumstances described in section	19021
3345.40 of the Revised Code. The collateral benefits provisions of	19022
division (B)(2) of that section apply under those circumstances.	19023

(E) The only defendant in original actions in the court of	19024
claims is the state. The state may file a third-party complaint or	19025
counterclaim in any civil action, except a civil action for ~~two~~	19026
ten thousand ~~five hundred~~ dollars or less, that is filed in the	19027
court of claims.	19028

(F) A civil action against an officer or employee, as defined	19029
in section 109.36 of the Revised Code, that alleges that the	19030
officer's or employee's conduct was manifestly outside the scope	19031
of the officer's or employee's employment or official	19032
responsibilities, or that the officer or employee acted with	19033
malicious purpose, in bad faith, or in a wanton or reckless manner	19034
shall first be filed against the state in the court of claims,	19035
~~which~~that has exclusive, original jurisdiction to determine,	19036
initially, whether the officer or employee is entitled to personal	19037
immunity under section 9.86 of the Revised Code and whether the	19038
courts of common pleas have jurisdiction over the civil action.	19039
The officer or employee may participate in the immunity	19040
determination proceeding before the court of claims to determine	19041
whether the officer or employee is entitled to personal immunity	19042
under section 9.86 of the Revised Code.	19043

The filing of a claim against an officer or employee under	19044
this division tolls the running of the applicable statute of	19045
limitations until the court of claims determines whether the	19046
officer or employee is entitled to personal immunity under section	19047
9.86 of the Revised Code.	19048

(G) ~~Whenever~~If a claim lies against an officer or employee	19049
who is a member of the Ohio national guard, and the officer or	19050
employee was, at the time of the act or omission complained of,	19051
subject to the "Federal Tort Claims Act," 60 Stat. 842 (1946), 28	19052
U.S.C. 2671, et seq., ~~then~~ the Federal Tort Claims Act is the	19053
exclusive remedy of the claimant and the state has no liability	19054
under this section.	19055

(H) If an inmate of a state correctional institution has a	19056
claim against the state for the loss of or damage to property and	19057
the amount claimed does not exceed three hundred dollars, before	19058
commencing an action against the state in the court of claims, the	19059
inmate shall file a claim for the loss or damage under the rules	19060
adopted by the director of rehabilitation and correction pursuant	19061
to this division. The inmate shall file the claim within the time	19062
allowed for commencement of a civil action under section 2743.16	19063
of the Revised Code. If the state admits or compromises the claim,	19064
the director shall make payment from a fund designated by the	19065
director for that purpose. If the state denies the claim or does	19066
not compromise the claim at least sixty days prior to expiration	19067
of the time allowed for commencement of a civil action based upon	19068
the loss or damage under section 2743.16 of the Revised Code, the	19069
inmate may commence an action in the court of claims under this	19070
chapter to recover damages for the loss or damage.	19071

The director of rehabilitation and correction shall adopt	19072
rules pursuant to Chapter 119. of the Revised Code to implement	19073
this division.	19074

Sec. 2743.10. (A) Civil actions against the state for ~~two~~	19075
ten thousand ~~five hundred~~ dollars or less shall be determined	19076
administratively by the clerk of the court of claims, except that	19077
the clerk is not required to administratively determine a civil	19078
action of that nature if the civil action was commenced by a	19079
person who has been found to be a vexatious litigator under	19080
section 2323.52 of the Revised Code and who has failed to obtain	19081
leave to proceed under that section and if the clerk refused	19082
pursuant to division (D) of section 2743.09 of the Revised Code to	19083
accept for filing any pleading or paper that relates to the civil	19084
action and that was submitted for filing by that person and except	19085
that all civil actions against the state that have been removed to	19086
the court of claims shall be heard and determined by a judge of	19087
the court of claims.	19088

(B) Civil actions covered by division (A) of this section	19089
shall be commenced by filing with the clerk on complaint forms	19090
prescribed by the supreme court. The clerk shall forward copies of	19091
the form complaint to the attorney general and the state	19092
department, board, office, commission, agency, institution, or	19093
other instrumentality whose actions or failure to act are the	19094
subject of complaint. The latter shall investigate the allegations	19095
made in the form complaint and report the results of its	19096
investigation to the clerk within sixty days of receipt of a copy	19097
of the form complaint. The clerk shall forward a copy of the	19098
report to the claimant and give the claimant an opportunity to	19099
respond to the report either in writing or by appearing before the	19100
clerk.	19101

(C) The clerk shall determine the civil action covered by	19102
division (A) of this section and make a report of the decision,	19103
together with findings of fact and conclusions of law, copies of	19104
which shall be mailed to the claimant and the state	19105
instrumentality. Except as otherwise provided in this division,	19106
the determination shall be based upon principles of law applicable	19107
in the court of claims, including, but not limited to, section	19108
3345.40 of the Revised Code if a state university or college is a	19109
defendant in the court of claims.	19110

Rules of evidence shall not be applicable in the	19111
determination. Procedures shall be governed by rules promulgated	19112
by the clerk, shall be informal, and shall be designed to	19113
accommodate persons who are not skilled in the law.	19114

(D) Upon the motion of a party, the court of claims shall	19115
review the determination of the clerk upon the clerk's report and	19116
papers filed in the action and shall enter judgment consistent	19117
with its findings. The judgment shall not be the subject of	19118
further appeal. No civil action arising out of the same	19119
transaction or set of facts may be commenced by the claimant in	19120
the court of claims.	19121

(E) The determination of the clerk pursuant to division (C)	19122
of this section shall be processed pursuant to section 2743.19 of	19123
the Revised Code as if it were a judgment.	19124

Sec. 2746.01. A court of record of this state shall tax as	19125
costs or otherwise require the payment of fees for the following	19126
services rendered or as compensation for the following persons or	19127
any other of the following fees that are applicable in a	19128
particular case:	19129

(A) Appraisers, commissioners, or arbitrators appointed to	19130
make or procure an appraisement or valuation of any property, as	19131
provided in section 2335.02 of the Revised Code;	19132

(B) Auctioneers appointed to conduct any public auction of	19133
goods, chattels, or lands required to be sold by an officer of the	19134
court, as provided in section 2335.021 of the Revised Code;	19135

(C) Commissioners appointed to make partition of lands or to	19136
assign dower and appraisers of real or personal property on	19137
execution, replevin, or attachment or to fix the value of exempt	19138
property, as provided in section 2335.01 of the Revised Code;	19139

(D) Deposit of rent with the clerk of court by a resident of	19140
a manufactured home park, as provided in section ~~3733.121~~4781.42	19141
of the Revised Code, or by a tenant of residential premises, as	19142
provided in section 5321.08 of the Revised Code;	19143

(E) Interpreters, as provided in section 2335.09 of the	19144
Revised Code;	19145

(F) Fees in a civil action or appeal commenced by an inmate	19146
against a government entity or employee, as provided in section	19147
2969.22 of the Revised Code;	19148

(G) Procurement of a transcript of a judgment or proceeding	19149
or exemplification of a record in an appeal or other civil action,	19150
as provided in section 2303.21 of the Revised Code;	19151

(H) Publication of an advertisement, notice, or proclamation	19152
required to be published by a trustee, assignee, executor,	19153
administrator, receiver, or other officer of the court or a party	19154
in a case or proceeding, as provided in section 7.13 of the	19155
Revised Code;	19156

(I) Publication of calendars, motion dockets, legal	19157
advertisements, and notices, the fees for which are not fixed by	19158
law, as provided in section 2701.09 of the Revised Code;	19159

(J) Sheriffs, as provided in section 311.17 of the Revised	19160
Code;	19161

(K) Township constables or members of the police force of a	19162
township police district or joint police district, as provided in	19163
section 509.15 of the Revised Code;	19164

(L) Witnesses, as follows:

19165

(1) Fees and mileage in civil cases, as provided in section	19166
2335.06 of the Revised Code;	19167

(2) Fees and mileage in criminal cases, as provided in	19168
section 2335.08 of the Revised Code;	19169

(3) Fees in all cases or proceedings not specified in	19170
sections 2335.06 and 2335.08 of the Revised Code, as provided in	19171
section 2335.05 of the Revised Code;	19172

(4) Fees of municipal police officers in state felony cases,	19173
as provided in section 2335.17 of the Revised Code;	19174

(5) Fees in arbitration proceedings, as provided in section	19175
2711.06 of the Revised Code.	19176

(M) In an action to abate a nuisance or to enforce a local	19177
code relating to buildings, the expenses of operating and	19178
conserving the building, as provided in section 3767.41 of the	19179
Revised Code.	19180

Sec. 2901.01. (A) As used in the Revised Code:

19181

(1) "Force" means any violence, compulsion, or constraint	19182
physically exerted by any means upon or against a person or thing.	19183

(2) "Deadly force" means any force that carries a substantial	19184
risk that it will proximately result in the death of any person.	19185

(3) "Physical harm to persons" means any injury, illness, or	19186
other physiological impairment, regardless of its gravity or	19187
duration.	19188

(4) "Physical harm to property" means any tangible or	19189
intangible damage to property that, in any degree, results in loss	19190
to its value or interferes with its use or enjoyment. "Physical	19191
harm to property" does not include wear and tear occasioned by	19192
normal use.	19193

(5) "Serious physical harm to persons" means any of the	19194
following:	19195

(a) Any mental illness or condition of such gravity as would	19196
normally require hospitalization or prolonged psychiatric	19197
treatment;	19198

(b) Any physical harm that carries a substantial risk of	19199
death;	19200

(c) Any physical harm that involves some permanent	19201
incapacity, whether partial or total, or that involves some	19202
temporary, substantial incapacity;	19203

(d) Any physical harm that involves some permanent	19204
disfigurement or that involves some temporary, serious	19205
disfigurement;	19206

(e) Any physical harm that involves acute pain of such	19207
duration as to result in substantial suffering or that involves	19208
any degree of prolonged or intractable pain.	19209

(6) "Serious physical harm to property" means any physical	19210
harm to property that does either of the following:	19211

(a) Results in substantial loss to the value of the property	19212
or requires a substantial amount of time, effort, or money to	19213
repair or replace;	19214

(b) Temporarily prevents the use or enjoyment of the property	19215
or substantially interferes with its use or enjoyment for an	19216
extended period of time.	19217

(7) "Risk" means a significant possibility, as contrasted	19218
with a remote possibility, that a certain result may occur or that	19219
certain circumstances may exist.	19220

(8) "Substantial risk" means a strong possibility, as	19221
contrasted with a remote or significant possibility, that a	19222
certain result may occur or that certain circumstances may exist.	19223

(9) "Offense of violence" means any of the following:

19224

(a) A violation of section 2903.01, 2903.02, 2903.03,	19225
2903.04, 2903.11, 2903.12, 2903.13, 2903.15, 2903.21, 2903.211,	19226
2903.22, 2905.01, 2905.02, 2905.11, 2905.32, 2907.02, 2907.03,	19227
2907.05, 2909.02, 2909.03, 2909.24, 2911.01, 2911.02, 2911.11,	19228
2917.01, 2917.02, 2917.03, 2917.31, 2919.25, 2921.03, 2921.04,	19229
2921.34, or 2923.161, of division (A)(1), (2), or (3) of section	19230
2911.12, or of division (B)(1), (2), (3), or (4) of section	19231
2919.22 of the Revised Code or felonious sexual penetration in	19232
violation of former section 2907.12 of the Revised Code;	19233

(b) A violation of an existing or former municipal ordinance	19234
or law of this or any other state or the United States,	19235
substantially equivalent to any section, division, or offense	19236
listed in division (A)(9)(a) of this section;	19237

(c) An offense, other than a traffic offense, under an	19238
existing or former municipal ordinance or law of this or any other	19239
state or the United States, committed purposely or knowingly, and	19240
involving physical harm to persons or a risk of serious physical	19241
harm to persons;	19242

(d) A conspiracy or attempt to commit, or complicity in	19243
committing, any offense under division (A)(9)(a), (b), or (c) of	19244
this section.	19245

(10)(a) "Property" means any property, real or personal,	19246
tangible or intangible, and any interest or license in that	19247
property. "Property" includes, but is not limited to, cable	19248
television service, other telecommunications service,	19249
telecommunications devices, information service, computers, data,	19250
computer software, financial instruments associated with	19251
computers, other documents associated with computers, or copies of	19252
the documents, whether in machine or human readable form, trade	19253
secrets, trademarks, copyrights, patents, and property protected	19254
by a trademark, copyright, or patent. "Financial instruments	19255
associated with computers" include, but are not limited to,	19256
checks, drafts, warrants, money orders, notes of indebtedness,	19257
certificates of deposit, letters of credit, bills of credit or	19258
debit cards, financial transaction authorization mechanisms,	19259
marketable securities, or any computer system representations of	19260
any of them.	19261

(b) As used in division (A)(10) of this section, "trade	19262
secret" has the same meaning as in section 1333.61 of the Revised	19263
Code, and "telecommunications service" and "information service"	19264
have the same meanings as in section 2913.01 of the Revised Code.	19265

(c) As used in divisions (A)(10) and (13) of this section,	19266
"cable television service," "computer," "computer software,"	19267
"computer system," "computer network," "data," and	19268
"telecommunications device" have the same meanings as in section	19269
2913.01 of the Revised Code.	19270

(11) "Law enforcement officer" means any of the following:

19271

(a) A sheriff, deputy sheriff, constable, police officer of a	19272
township or joint police district, marshal, deputy marshal,	19273
municipal police officer, member of a police force employed by a	19274
metropolitan housing authority under division (D) of section	19275
3735.31 of the Revised Code, or state highway patrol trooper;	19276

(b) An officer, agent, or employee of the state or any of its	19277
agencies, instrumentalities, or political subdivisions, upon whom,	19278
by statute, a duty to conserve the peace or to enforce all or	19279
certain laws is imposed and the authority to arrest violators is	19280
conferred, within the limits of that statutory duty and authority;	19281

(c) A mayor, in the mayor's capacity as chief conservator of	19282
the peace within the mayor's municipal corporation;	19283

(d) A member of an auxiliary police force organized by	19284
county, township, or municipal law enforcement authorities, within	19285
the scope of the member's appointment or commission;	19286

(e) A person lawfully called pursuant to section 311.07 of	19287
the Revised Code to aid a sheriff in keeping the peace, for the	19288
purposes and during the time when the person is called;	19289

(f) A person appointed by a mayor pursuant to section 737.01	19290
of the Revised Code as a special patrolling officer during riot or	19291
emergency, for the purposes and during the time when the person is	19292
appointed;	19293

(g) A member of the organized militia of this state or the	19294
armed forces of the United States, lawfully called to duty to aid	19295
civil authorities in keeping the peace or protect against domestic	19296
violence;	19297

(h) A prosecuting attorney, assistant prosecuting attorney,	19298
secret service officer, or municipal prosecutor;	19299

(i) A veterans' home police officer appointed under section	19300
5907.02 of the Revised Code;	19301

(j) A member of a police force employed by a regional transit	19302
authority under division (Y) of section 306.35 of the Revised	19303
Code;	19304

(k) A special police officer employed by a port authority	19305
under section 4582.04 or 4582.28 of the Revised Code;	19306

(l) The house of representatives sergeant at arms if the	19307
house of representatives sergeant at arms has arrest authority	19308
pursuant to division (E)(1) of section 101.311 of the Revised Code	19309
and an assistant house of representatives sergeant at arms;	19310

(m) The senate sergeant at arms and an assistant senate	19311
sergeant at arms;	19312

(n) A special police officer employed by a municipal	19313
corporation at a municipal airport, or other municipal air	19314
navigation facility, that has scheduled operations, as defined in	19315
section 119.3 of Title 14 of the Code of Federal Regulations, 14	19316
C.F.R. 119.3, as amended, and that is required to be under a	19317
security program and is governed by aviation security rules of the	19318
transportation security administration of the United States	19319
department of transportation as provided in Parts 1542. and 1544.	19320
of Title 49 of the Code of Federal Regulations, as amended.	19321

(12) "Privilege" means an immunity, license, or right	19322
conferred by law, bestowed by express or implied grant, arising	19323
out of status, position, office, or relationship, or growing out	19324
of necessity.	19325

(13) "Contraband" means any property that is illegal for a	19326
person to acquire or possess under a statute, ordinance, or rule,	19327
or that a trier of fact lawfully determines to be illegal to	19328
possess by reason of the property's involvement in an offense.	19329
"Contraband" includes, but is not limited to, all of the	19330
following:	19331

(a) Any controlled substance, as defined in section 3719.01	19332
of the Revised Code, or any device or paraphernalia;	19333

(b) Any unlawful gambling device or paraphernalia;

19334

19335

(14) A person is "not guilty by reason of insanity" relative	19336
to a charge of an offense only if the person proves, in the manner	19337
specified in section 2901.05 of the Revised Code, that at the time	19338
of the commission of the offense, the person did not know, as a	19339
result of a severe mental disease or defect, the wrongfulness of	19340
the person's acts.	19341

(B)(1)(a) Subject to division (B)(2) of this section, as used	19342
in any section contained in Title XXIX of the Revised Code that	19343
sets forth a criminal offense, "person" includes all of the	19344
following:	19345

(i) An individual, corporation, business trust, estate,	19346
trust, partnership, and association;	19347

(ii) An unborn human who is viable.

19348

(b) As used in any section contained in Title XXIX of the	19349
Revised Code that does not set forth a criminal offense, "person"	19350
includes an individual, corporation, business trust, estate,	19351
trust, partnership, and association.	19352

19353

(i) "Unborn human" means an individual organism of the	19354
species Homo sapiens from fertilization until live birth.	19355

(ii) "Viable" means the stage of development of a human fetus	19356
at which there is a realistic possibility of maintaining and	19357
nourishing of a life outside the womb with or without temporary	19358
artificial life-sustaining support.	19359

(2) Notwithstanding division (B)(1)(a) of this section, in no	19360
case shall the portion of the definition of the term "person" that	19361
is set forth in division (B)(1)(a)(ii) of this section be applied	19362
or construed in any section contained in Title XXIX of the Revised	19363
Code that sets forth a criminal offense in any of the following	19364
manners:	19365

(a) Except as otherwise provided in division (B)(2)(a) of	19366
this section, in a manner so that the offense prohibits or is	19367
construed as prohibiting any pregnant woman or her physician from	19368
performing an abortion with the consent of the pregnant woman,	19369
with the consent of the pregnant woman implied by law in a medical	19370
emergency, or with the approval of one otherwise authorized by law	19371
to consent to medical treatment on behalf of the pregnant woman.	19372
An abortion that violates the conditions described in the	19373
immediately preceding sentence may be punished as a violation of	19374
section 2903.01, 2903.02, 2903.03, 2903.04, 2903.05, 2903.06,	19375
2903.08, 2903.11, 2903.12, 2903.13, 2903.14, 2903.21, or 2903.22	19376
of the Revised Code, as applicable. An abortion that does not	19377
violate the conditions described in the second immediately	19378
preceding sentence, but that does violate section 2919.12,	19379
division (B) of section 2919.13, or section 2919.151, 2919.17, or	19380
2919.18 of the Revised Code, may be punished as a violation of	19381
section 2919.12, division (B) of section 2919.13, or section	19382
2919.151, 2919.17, or 2919.18 of the Revised Code, as applicable.	19383
Consent is sufficient under this division if it is of the type	19384
otherwise adequate to permit medical treatment to the pregnant	19385
woman, even if it does not comply with section 2919.12 of the	19386
Revised Code.	19387

(b) In a manner so that the offense is applied or is	19388
construed as applying to a woman based on an act or omission of	19389
the woman that occurs while she is or was pregnant and that	19390
results in any of the following:	19391

(i) Her delivery of a stillborn baby;

19392

(ii) Her causing, in any other manner, the death in utero of	19393
a viable, unborn human that she is carrying;	19394

(iii) Her causing the death of her child who is born alive	19395
but who dies from one or more injuries that are sustained while	19396
the child is a viable, unborn human;	19397

(iv) Her causing her child who is born alive to sustain one	19398
or more injuries while the child is a viable, unborn human;	19399

(v) Her causing, threatening to cause, or attempting to	19400
cause, in any other manner, an injury, illness, or other	19401
physiological impairment, regardless of its duration or gravity,	19402
or a mental illness or condition, regardless of its duration or	19403
gravity, to a viable, unborn human that she is carrying.	19404

19405

(1) "School safety zone" consists of a school, school	19406
building, school premises, school activity, and school bus.	19407

(2) "School," "school building," and "school premises" have	19408
the same meanings as in section 2925.01 of the Revised Code.	19409

(3) "School activity" means any activity held under the	19410
auspices of a board of education of a city, local, exempted	19411
village, joint vocational, or cooperative education school	19412
district; a governing authority of a community school established	19413
under Chapter 3314. of the Revised Code; a governing board of an	19414
educational service center, or the governing body of a school for	19415
which the state board of education prescribes minimum standards	19416
under section 3301.07 of the Revised Code.	19417

(4) "School bus" has the same meaning as in section 4511.01	19418
of the Revised Code.	19419

Sec. 2903.33. As used in sections 2903.33 to 2903.36 of the	19420
Revised Code:	19421

(A) "Care facility" means any of the following:

19422

(1) Any "home" as defined in section 3721.10 or 5111.20 of	19423
the Revised Code;	19424

(2) Any "residential facility" as defined in section 5123.19	19425
of the Revised Code;	19426

(3) Any institution or facility operated or provided by the	19427
department of mental health or by the department of developmental	19428
disabilities pursuant to sections 5119.02 and 5123.03 of the	19429
Revised Code;	19430

(4) Any "residential facility" as defined in section 5119.22	19431
of the Revised Code;	19432

(5) Any unit of any hospital, as defined in section 3701.01	19433
of the Revised Code, that provides the same services as a nursing	19434
home, as defined in section 3721.01 of the Revised Code;	19435

(6) Any institution, residence, or facility that provides,	19436
for a period of more than twenty-four hours, whether for a	19437
consideration or not, accommodations to one individual or two	19438
unrelated individuals who are dependent upon the services of	19439
others;	19440

~~(7) Any "adult care facility" as defined in section 5119.70~~	19441
~~of the Revised Code;~~	19442

~~(8) Any adult foster home certified under section 5119.692 of~~	19443
~~the Revised Code~~.	19444

(B) "Abuse" means knowingly causing physical harm or	19445
recklessly causing serious physical harm to a person by physical	19446
contact with the person or by the inappropriate use of a physical	19447
or chemical restraint, medication, or isolation on the person.	19448

(C)(1) "Gross neglect" means knowingly failing to provide a	19449
person with any treatment, care, goods, or service that is	19450
necessary to maintain the health or safety of the person when the	19451
failure results in physical harm or serious physical harm to the	19452
person.	19453

(2) "Neglect" means recklessly failing to provide a person	19454
with any treatment, care, goods, or service that is necessary to	19455
maintain the health or safety of the person when the failure	19456
results in serious physical harm to the person.	19457

(D) "Inappropriate use of a physical or chemical restraint,	19458
medication, or isolation" means the use of physical or chemical	19459
restraint, medication, or isolation as punishment, for staff	19460
convenience, excessively, as a substitute for treatment, or in	19461
quantities that preclude habilitation and treatment.	19462

Sec. 2907.29. Every hospital of this state that offers	19463
organized emergency services shall provide that a physician, a	19464
physician assistant, a clinical nurse specialist, a certified	19465
nurse practitioner, or a certified nurse-midwife is available on	19466
call twenty-four hours each day for the examination of persons	19467
reported to any law enforcement agency to be victims of sexual	19468
offenses cognizable as violations of any provision of sections	19469
2907.02 to 2907.06 of the Revised Code. The physician, physician	19470
assistant, clinical nurse specialist, certified nurse	19471
practitioner, or certified nurse-midwife, upon the request of any	19472
peace officer or prosecuting attorney and with the consent of the	19473
reported victim or upon the request of the reported victim, shall	19474
examine the person for the purposes of gathering physical evidence	19475
and shall complete any written documentation of the physical	19476
examination. The ~~public~~director of health ~~council~~ shall establish	19477
procedures for gathering evidence under this section.	19478

Each reported victim shall be informed of available venereal	19479
disease, pregnancy, medical, and psychiatric services.	19480

Notwithstanding any other provision of law, a minor may	19481
consent to examination under this section. The consent is not	19482
subject to disaffirmance because of minority, and consent of the	19483
parent, parents, or guardian of the minor is not required for an	19484
examination under this section. However, the hospital shall give	19485
written notice to the parent, parents, or guardian of a minor that	19486
an examination under this section has taken place. The parent,	19487
parents, or guardian of a minor giving consent under this section	19488
are not liable for payment for any services provided under this	19489
section without their consent.	19490

Sec. 2909.21. As used in sections 2909.21 to ~~2909.34~~2909.31	19491
of the Revised Code:	19492

(A) "Act of terrorism" means an act that is committed within	19493
or outside the territorial jurisdiction of this state or the	19494
United States, that constitutes a specified offense if committed	19495
in this state or constitutes an offense in any jurisdiction within	19496
or outside the territorial jurisdiction of the United States	19497
containing all of the essential elements of a specified offense,	19498
and that is intended to do one or more of the following:	19499

(1) Intimidate or coerce a civilian population;

19500

(2) Influence the policy of any government by intimidation or	19501
coercion;	19502

(3) Affect the conduct of any government by the act that	19503
constitutes the offense.	19504

(B) "Biological agent," "delivery system," "toxin," and	19505
"vector" have the same meanings as in section 2917.33 of the	19506
Revised Code.	19507

(C) "Biological weapon" means any biological agent, toxin,	19508
vector, or delivery system or combination of any biological agent	19509
or agents, any toxin or toxins, any vector or vectors, and any	19510
delivery system or systems.	19511

(D) "Chemical weapon" means any one or more of the following:

19512

(1) Any toxic chemical or precursor of a toxic chemical that	19513
is listed in Schedule 1, Schedule 2, or Schedule 3 of the	19514
international "Convention on the Prohibition of the Development,	19515
Production, Stockpiling and Use of Chemical Weapons and on their	19516
Destruction (CWC)," as entered into force on April 29, 1997;	19517

(2) A device specifically designed to cause death or other	19518
harm through the toxic properties of a toxic chemical or precursor	19519
identified in division (D)(1) of this section that would be	19520
created or released as a result of the employment of that device;	19521

(3) Any equipment specifically designed for use directly in	19522
connection with the employment of devices identified in division	19523
(D)(2) of this section.	19524

(E) "Radiological or nuclear weapon" means any device that is	19525
designed to create or release radiation or radioactivity at a	19526
level that is dangerous to human life or in order to cause serious	19527
physical harm to persons as a result of the radiation or	19528
radioactivity created or released.	19529

(F) "Explosive device" has the same meaning as in section	19530
2923.11 of the Revised Code.	19531

(G) "Key component of a binary or multicomponent chemical	19532
system" means the precursor that plays the most important role in	19533
determining the toxic properties of the final product and reacts	19534
rapidly with other chemicals in the binary or multicomponent	19535
chemical system.	19536

(H) ~~"Material assistance" means any of the following:~~

19537

~~(1) Membership in an organization on the United States~~	19538
~~department of state terrorist exclusion list;~~	19539

~~(2) Use of the person's position of prominence within any~~	19540
~~country to persuade others to support an organization on the~~	19541
~~United States department of state terrorist exclusion list;~~	19542

~~(3) Knowingly soliciting funds or other things of value for~~	19543
~~an organization on the United States department of state terrorist~~	19544
~~exclusion list;~~	19545

~~(4) Solicitation of any individual for membership in an~~	19546
~~organization on the United States department of state terrorist~~	19547
~~exclusion list;~~	19548

~~(5) Commission of an act that the person knows, or reasonably~~	19549
~~should have known, affords material support or resources to an~~	19550
~~organization on the United States department of state terrorist~~	19551
~~exclusion list;~~	19552

~~(6) Hiring or compensating a person known by the person~~	19553
~~hiring or providing the compensation to be a member of an~~	19554
~~organization on the United States department of state terrorist~~	19555
~~exclusion list or a person known by the person hiring or providing~~	19556
~~the compensation to be engaged in planning, assisting, or carrying~~	19557
~~out an act of terrorism.~~	19558

~~(I)~~ "Material support or resources" means currency, payment	19559
instruments, other financial securities, funds, transfer of funds,	19560
financial services, communications, lodging, training, safe	19561
houses, false documentation or identification, communications	19562
equipment, facilities, weapons, lethal substances, explosives,	19563
personnel, transportation, and other physical assets, except	19564
medicine or religious materials.	19565

~~(J)~~(I) "Payment instrument" means a check, draft, money	19566
order, traveler's check, cashier's check, teller's check, or other	19567
instrument or order for the transmission or payment of money,	19568
regardless of whether the item in question is negotiable.	19569

~~(K)~~(J) "Peace officer" and "prosecutor" have the same	19570
meanings as in section 2935.01 of the Revised Code.	19571

~~(L)~~(K) "Precursor" means any chemical reactant that takes	19572
part at any stage in the production by whatever method of a toxic	19573
chemical, including any key component of a binary or	19574
multicomponent chemical system.	19575

~~(M)~~(L) "Response costs" means all costs a political	19576
subdivision incurs as a result of, or in making any response to, a	19577
threat of a specified offense made as described in section 2909.23	19578
of the Revised Code or a specified offense committed as described	19579
in section 2909.24 of the Revised Code, including, but not limited	19580
to, all costs so incurred by any law enforcement officers,	19581
firefighters, rescue personnel, or emergency medical services	19582
personnel of the political subdivision and all costs so incurred	19583
by the political subdivision that relate to laboratory testing or	19584
hazardous material cleanup.	19585

~~(N)~~(M) "Specified offense" means any of the following:

19586

(1) A felony offense of violence, a violation of section	19587
2909.04, 2909.081, 2909.22, 2909.23, 2909.24, 2909.26, 2909.27,	19588
2909.28, 2909.29, or 2927.24 of the Revised Code, a felony of the	19589
first degree that is not a violation of any provision in Chapter	19590
2925. or 3719. of the Revised Code;	19591

(2) An attempt to commit, complicity in committing, or a	19592
conspiracy to commit an offense listed in division ~~(N)~~(M)(1) of	19593
this section.	19594

~~(O)~~(N) "Toxic chemical" means any chemical that through its	19595
chemical action on life processes can cause death or serious	19596
physical harm to persons or animals, regardless of its origin or	19597
of its method of production and regardless of whether it is	19598
produced in facilities, in munitions, or elsewhere.	19599

~~(P) "United States department of state terrorist exclusion~~	19600
~~list" and "terrorist exclusion list" means the list compiled by~~	19601
~~the United States secretary of state, in consultation with or upon~~	19602
~~the request of the United States attorney general, that designates~~	19603
~~terrorist organizations for immigration purposes. "United States~~	19604
~~department of state terrorist exclusion list" and "terrorist~~	19605
~~exclusion list" also mean the list of terrorist organizations the~~	19606
~~director of public safety prepares pursuant to rules adopted in~~	19607
~~accordance with Chapter 119. of the Revised Code, that is~~	19608
~~comprised of lists of organizations officials of the United States~~	19609
~~government designate as terrorist, including the "terrorist~~	19610
~~exclusion list" described in this division, the list of "foreign~~	19611
~~terrorist organizations" the Unites States secretary of state~~	19612
~~prepares in consultation with the United States attorney general~~	19613
~~and the United States secretary of the treasury, and the list of~~	19614
~~charities that support terrorist activities, known as "designated~~	19615
~~charities," that the United States department of treasury~~	19616
~~compiles.~~	19617

~~(Q)~~(O) "Hazardous radioactive substance" means any substance	19618
or item that releases or is designed to release radiation or	19619
radioactivity at a level dangerous to human life.	19620

Sec. 2909.28. (A) No person, with the intent to manufacture	19621
a chemical weapon, biological weapon, radiological or nuclear	19622
weapon, or explosive device, shall knowingly assemble or possess	19623
one or more toxins, toxic chemicals, precursors of toxic	19624
chemicals, vectors, biological agents, or hazardous radioactive	19625
substances~~, including, but not limited to, those listed in rules~~	19626
~~the director of public safety adopts,~~ that may be used to	19627
manufacture a chemical weapon, biological weapon, radiological or	19628
nuclear weapon, or explosive device.	19629

(B) In a prosecution under this section, it is not necessary	19630
to allege or prove that the offender assembled or possessed all	19631
chemicals or substances necessary to manufacture a chemical	19632
weapon, biological weapon, radiological or nuclear weapon, or	19633
explosive device. The assembly or possession of a single chemical	19634
or substance, with the intent to use that chemical or substance in	19635
the manufacture of a chemical weapon, biological weapon,	19636
radiological or nuclear weapon, or explosive device, is sufficient	19637
to violate this section.	19638

(C) Whoever violates this section is guilty of illegal	19639
assembly or possession of chemicals or substances for the	19640
manufacture of a chemical weapon, biological weapon, radiological	19641
or nuclear weapon, or explosive device, which is a felony of the	19642
fourth degree.	19643

(D) This section does not apply when the items described in	19644
division (A) of this section are assembled or possessed for a	19645
purpose related to the performance of official duties related to	19646
any military purpose of the United States and any law enforcement	19647
purpose, including any domestic riot control purpose.	19648

Sec. 2927.023. (A) As used in this section ~~"authorized~~:

19649

(1) "Authorized recipient of tobacco products" means a person	19650
who is:	19651

~~(1)~~(a) Licensed as a cigarette wholesale dealer under section	19652
5743.15 of the Revised Code;	19653

~~(2)~~(b) Licensed as a retail dealer as long as the person	19654
purchases cigarettes with the appropriate tax stamp affixed;	19655

~~(3)~~(c) An export warehouse proprietor as defined in section	19656
5702 of the Internal Revenue Code;	19657

~~(4)~~(d) An operator of a customs bonded warehouse under 19	19658
U.S.C. 1311 or 19 U.S.C. 1555;	19659

~~(5)~~(e) An officer, employee, or agent of the federal	19660
government or of this state acting in the person's official	19661
capacity;	19662

~~(6)~~(f) A department, agency, instrumentality, or political	19663
subdivision of the federal government or of this state;	19664

~~(7)~~(g) A person having a consent for consumer shipment issued	19665
by the tax commissioner under section 5743.71 of the Revised Code.	19666

(2) "Motor carrier" has the same meaning as in section	19667
4923.01 of the Revised Code.	19668

The purpose of this section is to prevent the sale of	19669
cigarettes to minors and to ensure compliance with the Master	19670
Settlement Agreement, as defined in section 1346.01 of the Revised	19671
Code.	19672

(B)(1) No person shall cause to be shipped any cigarettes to	19673
any person in this state other than an authorized recipient of	19674
tobacco products.	19675

(2) No ~~common carrier, contract~~motor carrier, or other	19676
person shall knowingly transport cigarettes to any person in this	19677
state that the carrier or other person reasonably believes is not	19678
an authorized recipient of tobacco products. If cigarettes are	19679
transported to a home or residence, it shall be presumed that the	19680
~~common carrier, contract~~motor carrier, or other person knew that	19681
the person to whom the cigarettes were delivered was not an	19682
authorized recipient of tobacco products.	19683

(C) No person engaged in the business of selling cigarettes	19684
who ships or causes to be shipped cigarettes to any person in this	19685
state in any container or wrapping other than the original	19686
container or wrapping of the cigarettes shall fail to plainly and	19687
visibly mark the exterior of the container or wrapping in which	19688
the cigarettes are shipped with the words "cigarettes."	19689

(D) A court shall impose a fine of up to one thousand dollars	19690
for each violation of division (B)(1), (B)(2), or (C) of this	19691
section.	19692

Sec. 2929.01. As used in this chapter:

19693

(A)(1) "Alternative residential facility" means, subject to	19694
division (A)(2) of this section, any facility other than an	19695
offender's home or residence in which an offender is assigned to	19696
live and that satisfies all of the following criteria:	19697

(a) It provides programs through which the offender may seek	19698
or maintain employment or may receive education, training,	19699
treatment, or habilitation.	19700

(b) It has received the appropriate license or certificate	19701
for any specialized education, training, treatment, habilitation,	19702
or other service that it provides from the government agency that	19703
is responsible for licensing or certifying that type of education,	19704
training, treatment, habilitation, or service.	19705

(2) "Alternative residential facility" does not include a	19706
community-based correctional facility, jail, halfway house, or	19707
prison.	19708

(B) "Basic probation supervision" means a requirement that	19709
the offender maintain contact with a person appointed to supervise	19710
the offender in accordance with sanctions imposed by the court or	19711
imposed by the parole board pursuant to section 2967.28 of the	19712
Revised Code. "Basic probation supervision" includes basic parole	19713
supervision and basic post-release control supervision.	19714

(C) "Cocaine," "hashish," "L.S.D.," and "unit dose" have the	19715
same meanings as in section 2925.01 of the Revised Code.	19716

(D) "Community-based correctional facility" means a	19717
community-based correctional facility and program or district	19718
community-based correctional facility and program developed	19719
pursuant to sections 2301.51 to 2301.58 of the Revised Code.	19720

(E) "Community control sanction" means a sanction that is not	19721
a prison term and that is described in section 2929.15, 2929.16,	19722
2929.17, or 2929.18 of the Revised Code or a sanction that is not	19723
a jail term and that is described in section 2929.26, 2929.27, or	19724
2929.28 of the Revised Code. "Community control sanction" includes	19725
probation if the sentence involved was imposed for a felony that	19726
was committed prior to July 1, 1996, or if the sentence involved	19727
was imposed for a misdemeanor that was committed prior to January	19728
1, 2004.	19729

(F) "Controlled substance," "marihuana," "schedule I," and	19730
"schedule II" have the same meanings as in section 3719.01 of the	19731
Revised Code.	19732

(G) "Curfew" means a requirement that an offender during a	19733
specified period of time be at a designated place.	19734

(H) "Day reporting" means a sanction pursuant to which an	19735
offender is required each day to report to and leave a center or	19736
other approved reporting location at specified times in order to	19737
participate in work, education or training, treatment, and other	19738
approved programs at the center or outside the center.	19739

(I) "Deadly weapon" has the same meaning as in section	19740
2923.11 of the Revised Code.	19741

(J) "Drug and alcohol use monitoring" means a program under	19742
which an offender agrees to submit to random chemical analysis of	19743
the offender's blood, breath, or urine to determine whether the	19744
offender has ingested any alcohol or other drugs.	19745

(K) "Drug treatment program" means any program under which a	19746
person undergoes assessment and treatment designed to reduce or	19747
completely eliminate the person's physical or emotional reliance	19748
upon alcohol, another drug, or alcohol and another drug and under	19749
which the person may be required to receive assessment and	19750
treatment on an outpatient basis or may be required to reside at a	19751
facility other than the person's home or residence while	19752
undergoing assessment and treatment.	19753

(L) "Economic loss" means any economic detriment suffered by	19754
a victim as a direct and proximate result of the commission of an	19755
offense and includes any loss of income due to lost time at work	19756
because of any injury caused to the victim, and any property loss,	19757
medical cost, or funeral expense incurred as a result of the	19758
commission of the offense. "Economic loss" does not include	19759
non-economic loss or any punitive or exemplary damages.	19760

(M) "Education or training" includes study at, or in	19761
conjunction with a program offered by, a university, college, or	19762
technical college or vocational study and also includes the	19763
completion of primary school, secondary school, and literacy	19764
curricula or their equivalent.	19765

(N) "Firearm" has the same meaning as in section 2923.11 of	19766
the Revised Code.	19767

(O) "Halfway house" means a facility licensed by the division	19768
of parole and community services of the department of	19769
rehabilitation and correction pursuant to section 2967.14 of the	19770
Revised Code as a suitable facility for the care and treatment of	19771
adult offenders.	19772

(P) "House arrest" means a period of confinement of an	19773
offender that is in the offender's home or in other premises	19774
specified by the sentencing court or by the parole board pursuant	19775
to section 2967.28 of the Revised Code and during which all of the	19776
following apply:	19777

(1) The offender is required to remain in the offender's home	19778
or other specified premises for the specified period of	19779
confinement, except for periods of time during which the offender	19780
is at the offender's place of employment or at other premises as	19781
authorized by the sentencing court or by the parole board.	19782

(2) The offender is required to report periodically to a	19783
person designated by the court or parole board.	19784

(3) The offender is subject to any other restrictions and	19785
requirements that may be imposed by the sentencing court or by the	19786
parole board.	19787

(Q) "Intensive probation supervision" means a requirement	19788
that an offender maintain frequent contact with a person appointed	19789
by the court, or by the parole board pursuant to section 2967.28	19790
of the Revised Code, to supervise the offender while the offender	19791
is seeking or maintaining necessary employment and participating	19792
in training, education, and treatment programs as required in the	19793
court's or parole board's order. "Intensive probation supervision"	19794
includes intensive parole supervision and intensive post-release	19795
control supervision.	19796

(R) "Jail" means a jail, workhouse, minimum security jail, or	19797
other residential facility used for the confinement of alleged or	19798
convicted offenders that is operated by a political subdivision or	19799
a combination of political subdivisions of this state.	19800

(S) "Jail term" means the term in a jail that a sentencing	19801
court imposes or is authorized to impose pursuant to section	19802
2929.24 or 2929.25 of the Revised Code or pursuant to any other	19803
provision of the Revised Code that authorizes a term in a jail for	19804
a misdemeanor conviction.	19805

(T) "Mandatory jail term" means the term in a jail that a	19806
sentencing court is required to impose pursuant to division (G) of	19807
section 1547.99 of the Revised Code, division (E) of section	19808
2903.06 or division (D) of section 2903.08 of the Revised Code,	19809
division (E) or (G) of section 2929.24 of the Revised Code,	19810
division (B) of section 4510.14 of the Revised Code, or division	19811
(G) of section 4511.19 of the Revised Code or pursuant to any	19812
other provision of the Revised Code that requires a term in a jail	19813
for a misdemeanor conviction.	19814

(U) "Delinquent child" has the same meaning as in section	19815
2152.02 of the Revised Code.	19816

(V) "License violation report" means a report that is made by	19817
a sentencing court, or by the parole board pursuant to section	19818
2967.28 of the Revised Code, to the regulatory or licensing board	19819
or agency that issued an offender a professional license or a	19820
license or permit to do business in this state and that specifies	19821
that the offender has been convicted of or pleaded guilty to an	19822
offense that may violate the conditions under which the offender's	19823
professional license or license or permit to do business in this	19824
state was granted or an offense for which the offender's	19825
professional license or license or permit to do business in this	19826
state may be revoked or suspended.	19827

(W) "Major drug offender" means an offender who is convicted	19828
of or pleads guilty to the possession of, sale of, or offer to	19829
sell any drug, compound, mixture, preparation, or substance that	19830
consists of or contains at least one thousand grams of hashish; at	19831
least one hundred grams of cocaine; at least two thousand five	19832
hundred unit doses or two hundred fifty grams of heroin; at least	19833
five thousand unit doses of L.S.D. or five hundred grams of L.S.D.	19834
in a liquid concentrate, liquid extract, or liquid distillate	19835
form; or at least one hundred times the amount of any other	19836
schedule I or II controlled substance other than marihuana that is	19837
necessary to commit a felony of the third degree pursuant to	19838
section 2925.03, 2925.04, 2925.05, or 2925.11 of the Revised Code	19839
that is based on the possession of, sale of, or offer to sell the	19840
controlled substance.	19841

(X) "Mandatory prison term" means any of the following:

19842

(1) Subject to division (X)(2) of this section, the term in	19843
prison that must be imposed for the offenses or circumstances set	19844
forth in divisions (F)(1) to (8) or (F)(12) to (18) of section	19845
2929.13 and division (B) of section 2929.14 of the Revised Code.	19846
Except as provided in sections 2925.02, 2925.03, 2925.04, 2925.05,	19847
and 2925.11 of the Revised Code, unless the maximum or another	19848
specific term is required under section 2929.14 or 2929.142 of the	19849
Revised Code, a mandatory prison term described in this division	19850
may be any prison term authorized for the level of offense.	19851

(2) The term of sixty or one hundred twenty days in prison	19852
that a sentencing court is required to impose for a third or	19853
fourth degree felony OVI offense pursuant to division (G)(2) of	19854
section 2929.13 and division (G)(1)(d) or (e) of section 4511.19	19855
of the Revised Code or the term of one, two, three, four, or five	19856
years in prison that a sentencing court is required to impose	19857
pursuant to division (G)(2) of section 2929.13 of the Revised	19858
Code.	19859

(3) The term in prison imposed pursuant to division (A) of	19860
section 2971.03 of the Revised Code for the offenses and in the	19861
circumstances described in division (F)(11) of section 2929.13 of	19862
the Revised Code or pursuant to division (B)(1)(a), (b), or (c),	19863
(B)(2)(a), (b), or (c), or (B)(3)(a), (b), (c), or (d) of section	19864
2971.03 of the Revised Code and that term as modified or	19865
terminated pursuant to section 2971.05 of the Revised Code.	19866

(Y) "Monitored time" means a period of time during which an	19867
offender continues to be under the control of the sentencing court	19868
or parole board, subject to no conditions other than leading a	19869
law-abiding life.	19870

(Z) "Offender" means a person who, in this state, is	19871
convicted of or pleads guilty to a felony or a misdemeanor.	19872

(AA) "Prison" means a residential facility used for the	19873
confinement of convicted felony offenders that is under the	19874
control of the department of rehabilitation and correction but	19875
does not include a violation sanction center operated under	19876
authority of section 2967.141 of the Revised Code.	19877

(BB) "Prison term" includes either of the following sanctions	19878
for an offender:	19879

(1) A stated prison term;

19880

(2) A term in a prison shortened by, or with the approval of,	19881
the sentencing court pursuant to section 2929.143, 2929.20,	19882
2967.26, 5120.031, 5120.032, or 5120.073 of the Revised Code.	19883

(CC) "Repeat violent offender" means a person about whom both	19884
of the following apply:	19885

(1) The person is being sentenced for committing or for	19886
complicity in committing any of the following:	19887

(a) Aggravated murder, murder, any felony of the first or	19888
second degree that is an offense of violence, or an attempt to	19889
commit any of these offenses if the attempt is a felony of the	19890
first or second degree;	19891

(b) An offense under an existing or former law of this state,	19892
another state, or the United States that is or was substantially	19893
equivalent to an offense described in division (CC)(1)(a) of this	19894
section.	19895

(2) The person previously was convicted of or pleaded guilty	19896
to an offense described in division (CC)(1)(a) or (b) of this	19897
section.	19898

(DD) "Sanction" means any penalty imposed upon an offender	19899
who is convicted of or pleads guilty to an offense, as punishment	19900
for the offense. "Sanction" includes any sanction imposed pursuant	19901
to any provision of sections 2929.14 to 2929.18 or 2929.24 to	19902
2929.28 of the Revised Code.	19903

(EE) "Sentence" means the sanction or combination of	19904
sanctions imposed by the sentencing court on an offender who is	19905
convicted of or pleads guilty to an offense.	19906

(FF) "Stated prison term" means the prison term, mandatory	19907
prison term, or combination of all prison terms and mandatory	19908
prison terms imposed by the sentencing court pursuant to section	19909
2929.14, 2929.142, or 2971.03 of the Revised Code or under section	19910
2919.25 of the Revised Code. "Stated prison term" includes any	19911
credit received by the offender for time spent in jail awaiting	19912
trial, sentencing, or transfer to prison for the offense and any	19913
time spent under house arrest or house arrest with electronic	19914
monitoring imposed after earning credits pursuant to section	19915
2967.193 of the Revised Code. If an offender is serving a prison	19916
term as a risk reduction sentence under sections 2929.143 and	19917
5120.036 of the Revised Code, "stated prison term" includes any	19918
period of time by which the prison term imposed upon the offender	19919
is shortened by the offender's successful completion of all	19920
assessment and treatment or programming pursuant to those	19921
sections.	19922

(GG) "Victim-offender mediation" means a reconciliation or	19923
mediation program that involves an offender and the victim of the	19924
offense committed by the offender and that includes a meeting in	19925
which the offender and the victim may discuss the offense, discuss	19926
restitution, and consider other sanctions for the offense.	19927

(HH) "Fourth degree felony OVI offense" means a violation of	19928
division (A) of section 4511.19 of the Revised Code that, under	19929
division (G) of that section, is a felony of the fourth degree.	19930

(II) "Mandatory term of local incarceration" means the term	19931
of sixty or one hundred twenty days in a jail, a community-based	19932
correctional facility, a halfway house, or an alternative	19933
residential facility that a sentencing court may impose upon a	19934
person who is convicted of or pleads guilty to a fourth degree	19935
felony OVI offense pursuant to division (G)(1) of section 2929.13	19936
of the Revised Code and division (G)(1)(d) or (e) of section	19937
4511.19 of the Revised Code.	19938

(JJ) "Designated homicide, assault, or kidnapping offense,"	19939
"violent sex offense," "sexual motivation specification,"	19940
"sexually violent offense," "sexually violent predator," and	19941
"sexually violent predator specification" have the same meanings	19942
as in section 2971.01 of the Revised Code.	19943

(KK) "Sexually oriented offense," "child-victim oriented	19944
offense," and "tier III sex offender/child-victim offender," have	19945
the same meanings as in section 2950.01 of the Revised Code.	19946

(LL) An offense is "committed in the vicinity of a child" if	19947
the offender commits the offense within thirty feet of or within	19948
the same residential unit as a child who is under eighteen years	19949
of age, regardless of whether the offender knows the age of the	19950
child or whether the offender knows the offense is being committed	19951
within thirty feet of or within the same residential unit as the	19952
child and regardless of whether the child actually views the	19953
commission of the offense.	19954

(MM) "Family or household member" has the same meaning as in	19955
section 2919.25 of the Revised Code.	19956

(NN) "Motor vehicle" and "manufactured home" have the same	19957
meanings as in section 4501.01 of the Revised Code.	19958

(OO) "Detention" and "detention facility" have the same	19959
meanings as in section 2921.01 of the Revised Code.	19960

(PP) "Third degree felony OVI offense" means a violation of	19961
division (A) of section 4511.19 of the Revised Code that, under	19962
division (G) of that section, is a felony of the third degree.	19963

(QQ) "Random drug testing" has the same meaning as in section	19964
5120.63 of the Revised Code.	19965

(RR) "Felony sex offense" has the same meaning as in section	19966
2967.28 of the Revised Code.	19967

(SS) "Body armor" has the same meaning as in section	19968
2941.1411 of the Revised Code.	19969

(TT) "Electronic monitoring" means monitoring through the use	19970
of an electronic monitoring device.	19971

(UU) "Electronic monitoring device" means any of the	19972
following:	19973

(1) Any device that can be operated by electrical or battery	19974
power and that conforms with all of the following:	19975

(a) The device has a transmitter that can be attached to a	19976
person, that will transmit a specified signal to a receiver of the	19977
type described in division (UU)(1)(b) of this section if the	19978
transmitter is removed from the person, turned off, or altered in	19979
any manner without prior court approval in relation to electronic	19980
monitoring or without prior approval of the department of	19981
rehabilitation and correction in relation to the use of an	19982
electronic monitoring device for an inmate on transitional control	19983
or otherwise is tampered with, that can transmit continuously and	19984
periodically a signal to that receiver when the person is within a	19985
specified distance from the receiver, and that can transmit an	19986
appropriate signal to that receiver if the person to whom it is	19987
attached travels a specified distance from that receiver.	19988

(b) The device has a receiver that can receive continuously	19989
the signals transmitted by a transmitter of the type described in	19990
division (UU)(1)(a) of this section, can transmit continuously	19991
those signals by a wireless or landline telephone connection to a	19992
central monitoring computer of the type described in division	19993
(UU)(1)(c) of this section, and can transmit continuously an	19994
appropriate signal to that central monitoring computer if the	19995
device has been turned off or altered without prior court approval	19996
or otherwise tampered with. The device is designed specifically	19997
for use in electronic monitoring, is not a converted wireless	19998
phone or another tracking device that is clearly not designed for	19999
electronic monitoring, and provides a means of text-based or voice	20000
communication with the person.	20001

(c) The device has a central monitoring computer that can	20002
receive continuously the signals transmitted by a wireless or	20003
landline telephone connection by a receiver of the type described	20004
in division (UU)(1)(b) of this section and can monitor	20005
continuously the person to whom an electronic monitoring device of	20006
the type described in division (UU)(1)(a) of this section is	20007
attached.	20008

(2) Any device that is not a device of the type described in	20009
division (UU)(1) of this section and that conforms with all of the	20010
following:	20011

(a) The device includes a transmitter and receiver that can	20012
monitor and determine the location of a subject person at any	20013
time, or at a designated point in time, through the use of a	20014
central monitoring computer or through other electronic means.	20015

(b) The device includes a transmitter and receiver that can	20016
determine at any time, or at a designated point in time, through	20017
the use of a central monitoring computer or other electronic means	20018
the fact that the transmitter is turned off or altered in any	20019
manner without prior approval of the court in relation to the	20020
electronic monitoring or without prior approval of the department	20021
of rehabilitation and correction in relation to the use of an	20022
electronic monitoring device for an inmate on transitional control	20023
or otherwise is tampered with.	20024

(3) Any type of technology that can adequately track or	20025
determine the location of a subject person at any time and that is	20026
approved by the director of rehabilitation and correction,	20027
including, but not limited to, any satellite technology, voice	20028
tracking system, or retinal scanning system that is so approved.	20029

(VV) "Non-economic loss" means nonpecuniary harm suffered by	20030
a victim of an offense as a result of or related to the commission	20031
of the offense, including, but not limited to, pain and suffering;	20032
loss of society, consortium, companionship, care, assistance,	20033
attention, protection, advice, guidance, counsel, instruction,	20034
training, or education; mental anguish; and any other intangible	20035
loss.	20036

(WW) "Prosecutor" has the same meaning as in section 2935.01	20037
of the Revised Code.	20038

(XX) "Continuous alcohol monitoring" means the ability to	20039
automatically test and periodically transmit alcohol consumption	20040
levels and tamper attempts at least every hour, regardless of the	20041
location of the person who is being monitored.	20042

(YY) A person is "adjudicated a sexually violent predator" if	20043
the person is convicted of or pleads guilty to a violent sex	20044
offense and also is convicted of or pleads guilty to a sexually	20045
violent predator specification that was included in the	20046
indictment, count in the indictment, or information charging that	20047
violent sex offense or if the person is convicted of or pleads	20048
guilty to a designated homicide, assault, or kidnapping offense	20049
and also is convicted of or pleads guilty to both a sexual	20050
motivation specification and a sexually violent predator	20051
specification that were included in the indictment, count in the	20052
indictment, or information charging that designated homicide,	20053
assault, or kidnapping offense.	20054

(ZZ) An offense is "committed in proximity to a school" if	20055
the offender commits the offense in a school safety zone or within	20056
five hundred feet of any school building or the boundaries of any	20057
school premises, regardless of whether the offender knows the	20058
offense is being committed in a school safety zone or within five	20059
hundred feet of any school building or the boundaries of any	20060
school premises.	20061

(AAA) "Human trafficking" means a scheme or plan to which all	20062
of the following apply:	20063

(1) Its object is to subject a victim or victims to	20064
involuntary servitude, as defined in section 2905.31 of the	20065
Revised Code, to compel a victim or victims to engage in sexual	20066
activity for hire, to engage in a performance that is obscene,	20067
sexually oriented, or nudity oriented, or to be a model or	20068
participant in the production of material that is obscene,	20069
sexually oriented, or nudity oriented.	20070

(2) It involves at least two felony offenses, whether or not	20071
there has been a prior conviction for any of the felony offenses,	20072
to which all of the following apply:	20073

(a) Each of the felony offenses is a violation of section	20074
2905.01, 2905.02, 2905.32, 2907.21, 2907.22, or 2923.32, division	20075
(A)(1) or (2) of section 2907.323, or division (B)(1), (2), (3),	20076
(4), or (5) of section 2919.22 of the Revised Code or is a	20077
violation of a law of any state other than this state that is	20078
substantially similar to any of the sections or divisions of the	20079
Revised Code identified in this division.	20080

(b) At least one of the felony offenses was committed in this	20081
state.	20082

(c) The felony offenses are related to the same scheme or	20083
plan and are not isolated instances.	20084

(BBB) "Material," "nudity," "obscene," "performance," and	20085
"sexual activity" have the same meanings as in section 2907.01 of	20086
the Revised Code.	20087

(CCC) "Material that is obscene, sexually oriented, or nudity	20088
oriented" means any material that is obscene, that shows a person	20089
participating or engaging in sexual activity, masturbation, or	20090
bestiality, or that shows a person in a state of nudity.	20091

(DDD) "Performance that is obscene, sexually oriented, or	20092
nudity oriented" means any performance that is obscene, that shows	20093
a person participating or engaging in sexual activity,	20094
masturbation, or bestiality, or that shows a person in a state of	20095
nudity.	20096

Sec. 2929.19. (A) The court shall hold a sentencing hearing	20097
before imposing a sentence under this chapter upon an offender who	20098
was convicted of or pleaded guilty to a felony and before	20099
resentencing an offender who was convicted of or pleaded guilty to	20100
a felony and whose case was remanded pursuant to section 2953.07	20101
or 2953.08 of the Revised Code. At the hearing, the offender, the	20102
prosecuting attorney, the victim or the victim's representative in	20103
accordance with section 2930.14 of the Revised Code, and, with the	20104
approval of the court, any other person may present information	20105
relevant to the imposition of sentence in the case. The court	20106
shall inform the offender of the verdict of the jury or finding of	20107
the court and ask the offender whether the offender has anything	20108
to say as to why sentence should not be imposed upon the offender.	20109

(B)(1) At the sentencing hearing, the court, before imposing	20110
sentence, shall consider the record, any information presented at	20111
the hearing by any person pursuant to division (A) of this	20112
section, and, if one was prepared, the presentence investigation	20113
report made pursuant to section 2951.03 of the Revised Code or	20114
Criminal Rule 32.2, and any victim impact statement made pursuant	20115
to section 2947.051 of the Revised Code.	20116

(2) Subject to division (B)(3) of this section, if the	20117
sentencing court determines at the sentencing hearing that a	20118
prison term is necessary or required, the court shall do all of	20119
the following:	20120

(a) Impose a stated prison term and, if the court imposes a	20121
mandatory prison term, notify the offender that the prison term is	20122
a mandatory prison term;	20123

(b) In addition to any other information, include in the	20124
sentencing entry the name and section reference to the offense or	20125
offenses, the sentence or sentences imposed and whether the	20126
sentence or sentences contain mandatory prison terms, if sentences	20127
are imposed for multiple counts whether the sentences are to be	20128
served concurrently or consecutively, and the name and section	20129
reference of any specification or specifications for which	20130
sentence is imposed and the sentence or sentences imposed for the	20131
specification or specifications;	20132

(c) Notify the offender that the offender will be supervised	20133
under section 2967.28 of the Revised Code after the offender	20134
leaves prison if the offender is being sentenced for a felony of	20135
the first degree or second degree, for a felony sex offense, or	20136
for a felony of the third degree that is not a felony sex offense	20137
and in the commission of which the offender caused or threatened	20138
to cause physical harm to a person. This division applies with	20139
respect to all prison terms imposed for an offense of a type	20140
described in this division, including a term imposed for any such	20141
offense that is a risk reduction sentence, as defined in section	20142
2967.28 of the Revised Code. If a court imposes a sentence	20143
including a prison term of a type described in division (B)(2)(c)	20144
of this section on or after July 11, 2006, the failure of a court	20145
to notify the offender pursuant to division (B)(2)(c) of this	20146
section that the offender will be supervised under section 2967.28	20147
of the Revised Code after the offender leaves prison or to include	20148
in the judgment of conviction entered on the journal a statement	20149
to that effect does not negate, limit, or otherwise affect the	20150
mandatory period of supervision that is required for the offender	20151
under division (B) of section 2967.28 of the Revised Code. Section	20152
2929.191 of the Revised Code applies if, prior to July 11, 2006, a	20153
court imposed a sentence including a prison term of a type	20154
described in division (B)(2)(c) of this section and failed to	20155
notify the offender pursuant to division (B)(2)(c) of this section	20156
regarding post-release control or to include in the judgment of	20157
conviction entered on the journal or in the sentence a statement	20158
regarding post-release control.	20159

(d) Notify the offender that the offender may be supervised	20160
under section 2967.28 of the Revised Code after the offender	20161
leaves prison if the offender is being sentenced for a felony of	20162
the third, fourth, or fifth degree that is not subject to division	20163
(B)(2)(c) of this section. This division applies with respect to	20164
all prison terms imposed for an offense of a type described in	20165
this division, including a term imposed for any such offense that	20166
is a risk reduction sentence, as defined in section 2967.28 of the	20167
Revised Code. Section 2929.191 of the Revised Code applies if,	20168
prior to July 11, 2006, a court imposed a sentence including a	20169
prison term of a type described in division (B)(2)(d) of this	20170
section and failed to notify the offender pursuant to division	20171
(B)(2)(d) of this section regarding post-release control or to	20172
include in the judgment of conviction entered on the journal or in	20173
the sentence a statement regarding post-release control.	20174

(e) Notify the offender that, if a period of supervision is	20175
imposed following the offender's release from prison, as described	20176
in division (B)(2)(c) or (d) of this section, and if the offender	20177
violates that supervision or a condition of post-release control	20178
imposed under division (B) of section 2967.131 of the Revised	20179
Code, the parole board may impose a prison term, as part of the	20180
sentence, of up to one-half of the stated prison term originally	20181
imposed upon the offender. If a court imposes a sentence including	20182
a prison term on or after July 11, 2006, the failure of a court to	20183
notify the offender pursuant to division (B)(2)(e) of this section	20184
that the parole board may impose a prison term as described in	20185
division (B)(2)(e) of this section for a violation of that	20186
supervision or a condition of post-release control imposed under	20187
division (B) of section 2967.131 of the Revised Code or to include	20188
in the judgment of conviction entered on the journal a statement	20189
to that effect does not negate, limit, or otherwise affect the	20190
authority of the parole board to so impose a prison term for a	20191
violation of that nature if, pursuant to division (D)(1) of	20192
section 2967.28 of the Revised Code, the parole board notifies the	20193
offender prior to the offender's release of the board's authority	20194
to so impose a prison term. Section 2929.191 of the Revised Code	20195
applies if, prior to July 11, 2006, a court imposed a sentence	20196
including a prison term and failed to notify the offender pursuant	20197
to division (B)(2)(e) of this section regarding the possibility of	20198
the parole board imposing a prison term for a violation of	20199
supervision or a condition of post-release control.	20200

(f) Require that the offender not ingest or be injected with	20201
a drug of abuse and submit to random drug testing as provided in	20202
section 341.26, 753.33, or 5120.63 of the Revised Code, whichever	20203
is applicable to the offender who is serving a prison term, and	20204
require that the results of the drug test administered under any	20205
of those sections indicate that the offender did not ingest or was	20206
not injected with a drug of abuse.	20207

(g) Include in the offender's sentence a statement notifying	20208
the offender of the information described in division (F)(3) of	20209
section 2929.14 of the Revised Code regarding earned credits under	20210
section 2967.193 of the Revised Code.	20211

(h)(i) Determine, notify the offender of, and include in the	20212
sentencing entry the number of days that the offender has been	20213
confined for any reason arising out of the offense for which the	20214
offender is being sentenced and by which the department of	20215
rehabilitation and correction must reduce the stated prison term	20216
under section 2967.191 of the Revised Code. The court's	20217
calculation shall not include the number of days, if any, that the	20218
offender previously served in the custody of the department of	20219
rehabilitation and correction arising out of the offense for which	20220
the prisoner was convicted and sentenced.	20221

(ii) In making a determination under division (B)(2)(h)(i) of	20222
this section, the court shall consider the arguments of the	20223
parties and conduct a hearing if one is requested.	20224

(iii) The sentencing court retains continuing jurisdiction to	20225
correct any error not previously raised at sentencing in making a	20226
determination under division (B)(2)(h)(i) of this section. The	20227
offender may, at any time after sentencing, file a motion in the	20228
sentencing court to correct any error made in making a	20229
determination under division (B)(2)(h)(i) of this section, and the	20230
court may in its discretion grant or deny that motion. If the	20231
court changes the number of days in its determination or	20232
redetermination, the court shall cause the entry granting that	20233
change to be delivered to the department of rehabilitation and	20234
correction without delay. Sections 2931.15 and 2953.21 of the	20235
Revised Code do not apply to a motion made under this section.	20236

(iv) An inaccurate determination under division (B)(2)(h)(i)	20237
of this section is not grounds for setting aside the offender's	20238
conviction or sentence and does not otherwise render the sentence	20239
void or voidable.	20240

(3)(a) The court shall include in the offender's sentence a	20241
statement that the offender is a tier III sex	20242
offender/child-victim offender, and the court shall comply with	20243
the requirements of section 2950.03 of the Revised Code if any of	20244
the following apply:	20245

(i) The offender is being sentenced for a violent sex offense	20246
or designated homicide, assault, or kidnapping offense that the	20247
offender committed on or after January 1, 1997, and the offender	20248
is adjudicated a sexually violent predator in relation to that	20249
offense.	20250

(ii) The offender is being sentenced for a sexually oriented	20251
offense that the offender committed on or after January 1, 1997,	20252
and the offender is a tier III sex offender/child-victim offender	20253
relative to that offense.	20254

(iii) The offender is being sentenced on or after July 31,	20255
2003, for a child-victim oriented offense, and the offender is a	20256
tier III sex offender/child-victim offender relative to that	20257
offense.	20258

(iv) The offender is being sentenced under section 2971.03 of	20259
the Revised Code for a violation of division (A)(1)(b) of section	20260
2907.02 of the Revised Code committed on or after January 2, 2007.	20261

(v) The offender is sentenced to a term of life without	20262
parole under division (B) of section 2907.02 of the Revised Code.	20263

(vi) The offender is being sentenced for attempted rape	20264
committed on or after January 2, 2007, and a specification of the	20265
type described in section 2941.1418, 2941.1419, or 2941.1420 of	20266
the Revised Code.	20267

(vii) The offender is being sentenced under division	20268
(B)(3)(a), (b), (c), or (d) of section 2971.03 of the Revised Code	20269
for an offense described in those divisions committed on or after	20270
January 1, 2008.	20271

(b) Additionally, if any criterion set forth in divisions	20272
(B)(3)(a)(i) to (vii) of this section is satisfied, in the	20273
circumstances described in division (E) of section 2929.14 of the	20274
Revised Code, the court shall impose sentence on the offender as	20275
described in that division.	20276

(4) If the sentencing court determines at the sentencing	20277
hearing that a community control sanction should be imposed and	20278
the court is not prohibited from imposing a community control	20279
sanction, the court shall impose a community control sanction. The	20280
court shall notify the offender that, if the conditions of the	20281
sanction are violated, if the offender commits a violation of any	20282
law, or if the offender leaves this state without the permission	20283
of the court or the offender's probation officer, the court may	20284
impose a longer time under the same sanction, may impose a more	20285
restrictive sanction, or may impose a prison term on the offender	20286
and shall indicate the specific prison term that may be imposed as	20287
a sanction for the violation, as selected by the court from the	20288
range of prison terms for the offense pursuant to section 2929.14	20289
of the Revised Code.	20290

(5) Before imposing a financial sanction under section	20291
2929.18 of the Revised Code or a fine under section 2929.32 of the	20292
Revised Code, the court shall consider the offender's present and	20293
future ability to pay the amount of the sanction or fine.	20294

(6) If the sentencing court sentences the offender to a	20295
sanction of confinement pursuant to section 2929.14 or 2929.16 of	20296
the Revised Code that is to be served in a local detention	20297
facility, as defined in section 2929.36 of the Revised Code, and	20298
if the local detention facility is covered by a policy adopted	20299
pursuant to section 307.93, 341.14, 341.19, 341.21, 341.23,	20300
753.02, 753.04, 753.16, 2301.56, or 2947.19 of the Revised Code	20301
and section 2929.37 of the Revised Code, both of the following	20302
apply:	20303

(a) The court shall specify both of the following as part of	20304
the sentence:	20305

(i) If the offender is presented with an itemized bill	20306
pursuant to section 2929.37 of the Revised Code for payment of the	20307
costs of confinement, the offender is required to pay the bill in	20308
accordance with that section.	20309

(ii) If the offender does not dispute the bill described in	20310
division (B)(6)(a)(i) of this section and does not pay the bill by	20311
the times specified in section 2929.37 of the Revised Code, the	20312
clerk of the court may issue a certificate of judgment against the	20313
offender as described in that section.	20314

(b) The sentence automatically includes any certificate of	20315
judgment issued as described in division (B)(6)(a)(ii) of this	20316
section.	20317

(7) The failure of the court to notify the offender that a	20318
prison term is a mandatory prison term pursuant to division	20319
(B)(2)(a) of this section or to include in the sentencing entry	20320
any information required by division (B)(2)(b) of this section	20321
does not affect the validity of the imposed sentence or sentences.	20322
If the sentencing court notifies the offender at the sentencing	20323
hearing that a prison term is mandatory but the sentencing entry	20324
does not specify that the prison term is mandatory, the court may	20325
complete a corrected journal entry and send copies of the	20326
corrected entry to the offender and the department of	20327
rehabilitation and correction, or, at the request of the state,	20328
the court shall complete a corrected journal entry and send copies	20329
of the corrected entry to the offender and department of	20330
rehabilitation and correction.	20331

(C)(1) If the offender is being sentenced for a fourth degree	20332
felony OVI offense under division (G)(1) of section 2929.13 of the	20333
Revised Code, the court shall impose the mandatory term of local	20334
incarceration in accordance with that division, shall impose a	20335
mandatory fine in accordance with division (B)(3) of section	20336
2929.18 of the Revised Code, and, in addition, may impose	20337
additional sanctions as specified in sections 2929.15, 2929.16,	20338
2929.17, and 2929.18 of the Revised Code. The court shall not	20339
impose a prison term on the offender except that the court may	20340
impose a prison term upon the offender as provided in division	20341
(A)(1) of section 2929.13 of the Revised Code.	20342

(2) If the offender is being sentenced for a third or fourth	20343
degree felony OVI offense under division (G)(2) of section 2929.13	20344
of the Revised Code, the court shall impose the mandatory prison	20345
term in accordance with that division, shall impose a mandatory	20346
fine in accordance with division (B)(3) of section 2929.18 of the	20347
Revised Code, and, in addition, may impose an additional prison	20348
term as specified in section 2929.14 of the Revised Code. In	20349
addition to the mandatory prison term or mandatory prison term and	20350
additional prison term the court imposes, the court also may	20351
impose a community control sanction on the offender, but the	20352
offender shall serve all of the prison terms so imposed prior to	20353
serving the community control sanction.	20354

(D) The sentencing court, pursuant to division (I)(1) of	20355
section 2929.14 of the Revised Code, may recommend placement of	20356
the offender in a program of shock incarceration under section	20357
5120.031 of the Revised Code or an intensive program prison under	20358
section 5120.032 of the Revised Code, disapprove placement of the	20359
offender in a program or prison of that nature, or make no	20360
recommendation. If the court recommends or disapproves placement,	20361
it shall make a finding that gives its reasons for its	20362
recommendation or disapproval.	20363

Sec. 2935.01. As used in this chapter:

20364

(A) "Magistrate" has the same meaning as in section 2931.01	20365
of the Revised Code.	20366

(B) "Peace officer" includes, except as provided in section	20367
2935.081 of the Revised Code, a sheriff; deputy sheriff; marshal;	20368
deputy marshal; member of the organized police department of any	20369
municipal corporation, including a member of the organized police	20370
department of a municipal corporation in an adjoining state	20371
serving in Ohio under a contract pursuant to section 737.04 of the	20372
Revised Code; member of a police force employed by a metropolitan	20373
housing authority under division (D) of section 3735.31 of the	20374
Revised Code; member of a police force employed by a regional	20375
transit authority under division (Y) of section 306.05 of the	20376
Revised Code; state university law enforcement officer appointed	20377
under section 3345.04 of the Revised Code; enforcement agent of	20378
the department of public safety designated under section 5502.14	20379
of the Revised Code; employee of the department of taxation to	20380
whom investigation powers have been delegated under section	20381
5743.45 of the Revised Code; employee of the department of natural	20382
resources who is a natural resources law enforcement staff officer	20383
designated pursuant to section 1501.013 of the Revised Code, a	20384
forest officer designated pursuant to section 1503.29 of the	20385
Revised Code, a preserve officer designated pursuant to section	20386
1517.10 of the Revised Code, a wildlife officer designated	20387
pursuant to section 1531.13 of the Revised Code, a park officer	20388
designated pursuant to section 1541.10 of the Revised Code, or a	20389
state watercraft officer designated pursuant to section 1547.521	20390
of the Revised Code; individual designated to perform law	20391
enforcement duties under section 511.232, 1545.13, or 6101.75 of	20392
the Revised Code; veterans' home police officer appointed under	20393
section 5907.02 of the Revised Code; special police officer	20394
employed by a port authority under section 4582.04 or 4582.28 of	20395
the Revised Code; police constable of any township; police officer	20396
of a township or joint police district; a special police officer	20397
employed by a municipal corporation at a municipal airport, or	20398
other municipal air navigation facility, that has scheduled	20399
operations, as defined in section 119.3 of Title 14 of the Code of	20400
Federal Regulations, 14 C.F.R. 119.3, as amended, and that is	20401
required to be under a security program and is governed by	20402
aviation security rules of the transportation security	20403
administration of the United States department of transportation	20404
as provided in Parts 1542. and 1544. of Title 49 of the Code of	20405
Federal Regulations, as amended; the house of representatives	20406
sergeant at arms if the house of representatives sergeant at arms	20407
has arrest authority pursuant to division (E)(1) of section	20408
101.311 of the Revised Code; ~~and~~ an assistant house of	20409
representatives sergeant at arms; the senate sergeant at arms; an	20410
assistant senate sergeant at arms; officer or employee of the	20411
bureau of criminal identification and investigation established	20412
pursuant to section 109.51 of the Revised Code who has been	20413
awarded a certificate by the executive director of the Ohio peace	20414
officer training commission attesting to the officer's or	20415
employee's satisfactory completion of an approved state, county,	20416
municipal, or department of natural resources peace officer basic	20417
training program and who is providing assistance upon request to a	20418
law enforcement officer or emergency assistance to a peace officer	20419
pursuant to section 109.54 or 109.541 of the Revised Code; a state	20420
fire marshal law enforcement officer described in division (A)(23)	20421
of section 109.71 of the Revised Code; and, for the purpose of	20422
arrests within those areas, for the purposes of Chapter 5503. of	20423
the Revised Code, and the filing of and service of process	20424
relating to those offenses witnessed or investigated by them, the	20425
superintendent and troopers of the state highway patrol.	20426

(C) "Prosecutor" includes the county prosecuting attorney and	20427
any assistant prosecutor designated to assist the county	20428
prosecuting attorney, and, in the case of courts inferior to	20429
courts of common pleas, includes the village solicitor, city	20430
director of law, or similar chief legal officer of a municipal	20431
corporation, any such officer's assistants, or any attorney	20432
designated by the prosecuting attorney of the county to appear for	20433
the prosecution of a given case.	20434

(D) "Offense," except where the context specifically	20435
indicates otherwise, includes felonies, misdemeanors, and	20436
violations of ordinances of municipal corporations and other	20437
public bodies authorized by law to adopt penal regulations.	20438

Sec. 2935.03. (A)(1) A sheriff, deputy sheriff, marshal,	20439
deputy marshal, municipal police officer, township constable,	20440
police officer of a township or joint police district, member of a	20441
police force employed by a metropolitan housing authority under	20442
division (D) of section 3735.31 of the Revised Code, member of a	20443
police force employed by a regional transit authority under	20444
division (Y) of section 306.35 of the Revised Code, state	20445
university law enforcement officer appointed under section 3345.04	20446
of the Revised Code, veterans' home police officer appointed under	20447
section 5907.02 of the Revised Code, special police officer	20448
employed by a port authority under section 4582.04 or 4582.28 of	20449
the Revised Code, or a special police officer employed by a	20450
municipal corporation at a municipal airport, or other municipal	20451
air navigation facility, that has scheduled operations, as defined	20452
in section 119.3 of Title 14 of the Code of Federal Regulations,	20453
14 C.F.R. 119.3, as amended, and that is required to be under a	20454
security program and is governed by aviation security rules of the	20455
transportation security administration of the United States	20456
department of transportation as provided in Parts 1542. and 1544.	20457
of Title 49 of the Code of Federal Regulations, as amended, shall	20458
arrest and detain, until a warrant can be obtained, a person found	20459
violating, within the limits of the political subdivision,	20460
metropolitan housing authority housing project, regional transit	20461
authority facilities or areas of a municipal corporation that have	20462
been agreed to by a regional transit authority and a municipal	20463
corporation located within its territorial jurisdiction, college,	20464
university, veterans' home operated under Chapter 5907. of the	20465
Revised Code, port authority, or municipal airport or other	20466
municipal air navigation facility, in which the peace officer is	20467
appointed, employed, or elected, a law of this state, an ordinance	20468
of a municipal corporation, or a resolution of a township.	20469

(2) A peace officer of the department of natural resources, a	20470
state fire marshal law enforcement officer described in division	20471
(A)(23) of section 109.71 of the Revised Code, or an individual	20472
designated to perform law enforcement duties under section	20473
511.232, 1545.13, or 6101.75 of the Revised Code shall arrest and	20474
detain, until a warrant can be obtained, a person found violating,	20475
within the limits of the peace officer's, state fire marshal law	20476
enforcement officer's, or individual's territorial jurisdiction, a	20477
law of this state.	20478

(3) The house sergeant at arms, if the house sergeant at arms	20479
has arrest authority pursuant to division (E)(1) of section	20480
101.311 of the Revised Code, and an assistant house sergeant at	20481
arms shall arrest and detain, until a warrant can be obtained, a	20482
person found violating, within the limits of the sergeant at	20483
arms's or assistant sergeant at arms's territorial jurisdiction	20484
specified in division (D)(1)(a) of section 101.311 of the Revised	20485
Code or while providing security pursuant to division (D)(1)(f) of	20486
section 101.311 of the Revised Code, a law of this state, an	20487
ordinance of a municipal corporation, or a resolution of a	20488
township.	20489

(4) The senate sergeant at arms and an assistant senate	20490
sergeant at arms shall arrest and detain, until a warrant can be	20491
obtained, a person found violating, within the limits of the	20492
sergeant at arms's or assistant sergeant at arms's territorial	20493
jurisdiction specified in division (B) of section 101.312 of the	20494
Revised Code, a law of this state, an ordinance of a municipal	20495
corporation, or a resolution of a township.	20496

(B)(1) When there is reasonable ground to believe that an	20497
offense of violence, the offense of criminal child enticement as	20498
defined in section 2905.05 of the Revised Code, the offense of	20499
public indecency as defined in section 2907.09 of the Revised	20500
Code, the offense of domestic violence as defined in section	20501
2919.25 of the Revised Code, the offense of violating a protection	20502
order as defined in section 2919.27 of the Revised Code, the	20503
offense of menacing by stalking as defined in section 2903.211 of	20504
the Revised Code, the offense of aggravated trespass as defined in	20505
section 2911.211 of the Revised Code, a theft offense as defined	20506
in section 2913.01 of the Revised Code, or a felony drug abuse	20507
offense as defined in section 2925.01 of the Revised Code, has	20508
been committed within the limits of the political subdivision,	20509
metropolitan housing authority housing project, regional transit	20510
authority facilities or those areas of a municipal corporation	20511
that have been agreed to by a regional transit authority and a	20512
municipal corporation located within its territorial jurisdiction,	20513
college, university, veterans' home operated under Chapter 5907.	20514
of the Revised Code, port authority, or municipal airport or other	20515
municipal air navigation facility, in which the peace officer is	20516
appointed, employed, or elected or within the limits of the	20517
territorial jurisdiction of the peace officer, a peace officer	20518
described in division (A) of this section may arrest and detain	20519
until a warrant can be obtained any person who the peace officer	20520
has reasonable cause to believe is guilty of the violation.	20521

(2) For purposes of division (B)(1) of this section, the	20522
execution of any of the following constitutes reasonable ground to	20523
believe that the offense alleged in the statement was committed	20524
and reasonable cause to believe that the person alleged in the	20525
statement to have committed the offense is guilty of the	20526
violation:	20527

(a) A written statement by a person alleging that an alleged	20528
offender has committed the offense of menacing by stalking or	20529
aggravated trespass;	20530

(b) A written statement by the administrator of the	20531
interstate compact on mental health appointed under section	20532
5119.51 of the Revised Code alleging that a person who had been	20533
hospitalized, institutionalized, or confined in any facility under	20534
an order made pursuant to or under authority of section 2945.37,	20535
2945.371, 2945.38, 2945.39, 2945.40, 2945.401, or 2945.402 of the	20536
Revised Code has escaped from the facility, from confinement in a	20537
vehicle for transportation to or from the facility, or from	20538
supervision by an employee of the facility that is incidental to	20539
hospitalization, institutionalization, or confinement in the	20540
facility and that occurs outside of the facility, in violation of	20541
section 2921.34 of the Revised Code;	20542

(c) A written statement by the administrator of any facility	20543
in which a person has been hospitalized, institutionalized, or	20544
confined under an order made pursuant to or under authority of	20545
section 2945.37, 2945.371, 2945.38, 2945.39, 2945.40, 2945.401, or	20546
2945.402 of the Revised Code alleging that the person has escaped	20547
from the facility, from confinement in a vehicle for	20548
transportation to or from the facility, or from supervision by an	20549
employee of the facility that is incidental to hospitalization,	20550
institutionalization, or confinement in the facility and that	20551
occurs outside of the facility, in violation of section 2921.34 of	20552
the Revised Code.	20553

(3)(a) For purposes of division (B)(1) of this section, a	20554
peace officer described in division (A) of this section has	20555
reasonable grounds to believe that the offense of domestic	20556
violence or the offense of violating a protection order has been	20557
committed and reasonable cause to believe that a particular person	20558
is guilty of committing the offense if any of the following	20559
occurs:	20560

(i) A person executes a written statement alleging that the	20561
person in question has committed the offense of domestic violence	20562
or the offense of violating a protection order against the person	20563
who executes the statement or against a child of the person who	20564
executes the statement.	20565

(ii) No written statement of the type described in division	20566
(B)(3)(a)(i) of this section is executed, but the peace officer,	20567
based upon the peace officer's own knowledge and observation of	20568
the facts and circumstances of the alleged incident of the offense	20569
of domestic violence or the alleged incident of the offense of	20570
violating a protection order or based upon any other information,	20571
including, but not limited to, any reasonably trustworthy	20572
information given to the peace officer by the alleged victim of	20573
the alleged incident of the offense or any witness of the alleged	20574
incident of the offense, concludes that there are reasonable	20575
grounds to believe that the offense of domestic violence or the	20576
offense of violating a protection order has been committed and	20577
reasonable cause to believe that the person in question is guilty	20578
of committing the offense.	20579

(iii) No written statement of the type described in division	20580
(B)(3)(a)(i) of this section is executed, but the peace officer	20581
witnessed the person in question commit the offense of domestic	20582
violence or the offense of violating a protection order.	20583

(b) If pursuant to division (B)(3)(a) of this section a peace	20584
officer has reasonable grounds to believe that the offense of	20585
domestic violence or the offense of violating a protection order	20586
has been committed and reasonable cause to believe that a	20587
particular person is guilty of committing the offense, it is the	20588
preferred course of action in this state that the officer arrest	20589
and detain that person pursuant to division (B)(1) of this section	20590
until a warrant can be obtained.	20591

If pursuant to division (B)(3)(a) of this section a peace	20592
officer has reasonable grounds to believe that the offense of	20593
domestic violence or the offense of violating a protection order	20594
has been committed and reasonable cause to believe that family or	20595
household members have committed the offense against each other,	20596
it is the preferred course of action in this state that the	20597
officer, pursuant to division (B)(1) of this section, arrest and	20598
detain until a warrant can be obtained the family or household	20599
member who committed the offense and whom the officer has	20600
reasonable cause to believe is the primary physical aggressor.	20601
There is no preferred course of action in this state regarding any	20602
other family or household member who committed the offense and	20603
whom the officer does not have reasonable cause to believe is the	20604
primary physical aggressor, but, pursuant to division (B)(1) of	20605
this section, the peace officer may arrest and detain until a	20606
warrant can be obtained any other family or household member who	20607
committed the offense and whom the officer does not have	20608
reasonable cause to believe is the primary physical aggressor.	20609

(c) If a peace officer described in division (A) of this	20610
section does not arrest and detain a person whom the officer has	20611
reasonable cause to believe committed the offense of domestic	20612
violence or the offense of violating a protection order when it is	20613
the preferred course of action in this state pursuant to division	20614
(B)(3)(b) of this section that the officer arrest that person, the	20615
officer shall articulate in the written report of the incident	20616
required by section 2935.032 of the Revised Code a clear statement	20617
of the officer's reasons for not arresting and detaining that	20618
person until a warrant can be obtained.	20619

(d) In determining for purposes of division (B)(3)(b) of this	20620
section which family or household member is the primary physical	20621
aggressor in a situation in which family or household members have	20622
committed the offense of domestic violence or the offense of	20623
violating a protection order against each other, a peace officer	20624
described in division (A) of this section, in addition to any	20625
other relevant circumstances, should consider all of the	20626
following:	20627

(i) Any history of domestic violence or of any other violent	20628
acts by either person involved in the alleged offense that the	20629
officer reasonably can ascertain;	20630

(ii) If violence is alleged, whether the alleged violence was	20631
caused by a person acting in self-defense;	20632

(iii) Each person's fear of physical harm, if any, resulting	20633
from the other person's threatened use of force against any person	20634
or resulting from the other person's use or history of the use of	20635
force against any person, and the reasonableness of that fear;	20636

(iv) The comparative severity of any injuries suffered by the	20637
persons involved in the alleged offense.	20638

(e)(i) A peace officer described in division (A) of this	20639
section shall not require, as a prerequisite to arresting or	20640
charging a person who has committed the offense of domestic	20641
violence or the offense of violating a protection order, that the	20642
victim of the offense specifically consent to the filing of	20643
charges against the person who has committed the offense or sign a	20644
complaint against the person who has committed the offense.	20645

(ii) If a person is arrested for or charged with committing	20646
the offense of domestic violence or the offense of violating a	20647
protection order and if the victim of the offense does not	20648
cooperate with the involved law enforcement or prosecuting	20649
authorities in the prosecution of the offense or, subsequent to	20650
the arrest or the filing of the charges, informs the involved law	20651
enforcement or prosecuting authorities that the victim does not	20652
wish the prosecution of the offense to continue or wishes to drop	20653
charges against the alleged offender relative to the offense, the	20654
involved prosecuting authorities, in determining whether to	20655
continue with the prosecution of the offense or whether to dismiss	20656
charges against the alleged offender relative to the offense and	20657
notwithstanding the victim's failure to cooperate or the victim's	20658
wishes, shall consider all facts and circumstances that are	20659
relevant to the offense, including, but not limited to, the	20660
statements and observations of the peace officers who responded to	20661
the incident that resulted in the arrest or filing of the charges	20662
and of all witnesses to that incident.	20663

(f) In determining pursuant to divisions (B)(3)(a) to (g) of	20664
this section whether to arrest a person pursuant to division	20665
(B)(1) of this section, a peace officer described in division (A)	20666
of this section shall not consider as a factor any possible	20667
shortage of cell space at the detention facility to which the	20668
person will be taken subsequent to the person's arrest or any	20669
possibility that the person's arrest might cause, contribute to,	20670
or exacerbate overcrowding at that detention facility or at any	20671
other detention facility.	20672

(g) If a peace officer described in division (A) of this	20673
section intends pursuant to divisions (B)(3)(a) to (g) of this	20674
section to arrest a person pursuant to division (B)(1) of this	20675
section and if the officer is unable to do so because the person	20676
is not present, the officer promptly shall seek a warrant for the	20677
arrest of the person.	20678

(h) If a peace officer described in division (A) of this	20679
section responds to a report of an alleged incident of the offense	20680
of domestic violence or an alleged incident of the offense of	20681
violating a protection order and if the circumstances of the	20682
incident involved the use or threatened use of a deadly weapon or	20683
any person involved in the incident brandished a deadly weapon	20684
during or in relation to the incident, the deadly weapon that was	20685
used, threatened to be used, or brandished constitutes contraband,	20686
and, to the extent possible, the officer shall seize the deadly	20687
weapon as contraband pursuant to Chapter 2981. of the Revised	20688
Code. Upon the seizure of a deadly weapon pursuant to division	20689
(B)(3)(h) of this section, section 2981.12 of the Revised Code	20690
shall apply regarding the treatment and disposition of the deadly	20691
weapon. For purposes of that section, the "underlying criminal	20692
offense" that was the basis of the seizure of a deadly weapon	20693
under division (B)(3)(h) of this section and to which the deadly	20694
weapon had a relationship is any of the following that is	20695
applicable:	20696

(i) The alleged incident of the offense of domestic violence	20697
or the alleged incident of the offense of violating a protection	20698
order to which the officer who seized the deadly weapon responded;	20699

(ii) Any offense that arose out of the same facts and	20700
circumstances as the report of the alleged incident of the offense	20701
of domestic violence or the alleged incident of the offense of	20702
violating a protection order to which the officer who seized the	20703
deadly weapon responded.	20704

(4) If, in the circumstances described in divisions (B)(3)(a)	20705
to (g) of this section, a peace officer described in division (A)	20706
of this section arrests and detains a person pursuant to division	20707
(B)(1) of this section, or if, pursuant to division (B)(3)(h) of	20708
this section, a peace officer described in division (A) of this	20709
section seizes a deadly weapon, the officer, to the extent	20710
described in and in accordance with section 9.86 or 2744.03 of the	20711
Revised Code, is immune in any civil action for damages for	20712
injury, death, or loss to person or property that arises from or	20713
is related to the arrest and detention or the seizure.	20714

(C) When there is reasonable ground to believe that a	20715
violation of division (A)(1), (2), (3), (4), or (5) of section	20716
4506.15 or a violation of section 4511.19 of the Revised Code has	20717
been committed by a person operating a motor vehicle subject to	20718
regulation by the public utilities commission of Ohio under Title	20719
XLIX of the Revised Code, a peace officer with authority to	20720
enforce that provision of law may stop or detain the person whom	20721
the officer has reasonable cause to believe was operating the	20722
motor vehicle in violation of the division or section and, after	20723
investigating the circumstances surrounding the operation of the	20724
vehicle, may arrest and detain the person.	20725

(D) If a sheriff, deputy sheriff, marshal, deputy marshal,	20726
municipal police officer, member of a police force employed by a	20727
metropolitan housing authority under division (D) of section	20728
3735.31 of the Revised Code, member of a police force employed by	20729
a regional transit authority under division (Y) of section 306.35	20730
of the Revised Code, special police officer employed by a port	20731
authority under section 4582.04 or 4582.28 of the Revised Code,	20732
special police officer employed by a municipal corporation at a	20733
municipal airport or other municipal air navigation facility	20734
described in division (A) of this section, township constable,	20735
police officer of a township or joint police district, state	20736
university law enforcement officer appointed under section 3345.04	20737
of the Revised Code, peace officer of the department of natural	20738
resources, individual designated to perform law enforcement duties	20739
under section 511.232, 1545.13, or 6101.75 of the Revised Code,	20740
the house sergeant at arms if the house sergeant at arms has	20741
arrest authority pursuant to division (E)(1) of section 101.311 of	20742
the Revised Code, or an assistant house sergeant at arms is	20743
authorized by division (A) or (B) of this section to arrest and	20744
detain, within the limits of the political subdivision,	20745
metropolitan housing authority housing project, regional transit	20746
authority facilities or those areas of a municipal corporation	20747
that have been agreed to by a regional transit authority and a	20748
municipal corporation located within its territorial jurisdiction,	20749
port authority, municipal airport or other municipal air	20750
navigation facility, college, or university in which the officer	20751
is appointed, employed, or elected or within the limits of the	20752
territorial jurisdiction of the peace officer, a person until a	20753
warrant can be obtained, the peace officer, outside the limits of	20754
that territory, may pursue, arrest, and detain that person until a	20755
warrant can be obtained if all of the following apply:	20756

(1) The pursuit takes place without unreasonable delay after	20757
the offense is committed;	20758

(2) The pursuit is initiated within the limits of the	20759
political subdivision, metropolitan housing authority housing	20760
project, regional transit authority facilities or those areas of a	20761
municipal corporation that have been agreed to by a regional	20762
transit authority and a municipal corporation located within its	20763
territorial jurisdiction, port authority, municipal airport or	20764
other municipal air navigation facility, college, or university in	20765
which the peace officer is appointed, employed, or elected or	20766
within the limits of the territorial jurisdiction of the peace	20767
officer;	20768

(3) The offense involved is a felony, a misdemeanor of the	20769
first degree or a substantially equivalent municipal ordinance, a	20770
misdemeanor of the second degree or a substantially equivalent	20771
municipal ordinance, or any offense for which points are	20772
chargeable pursuant to section 4510.036 of the Revised Code.	20773

(E) In addition to the authority granted under division (A)	20774
or (B) of this section:	20775

(1) A sheriff or deputy sheriff may arrest and detain, until	20776
a warrant can be obtained, any person found violating section	20777
4503.11, 4503.21, or 4549.01, sections 4549.08 to 4549.12, section	20778
4549.62, or Chapter 4511. or 4513. of the Revised Code on the	20779
portion of any street or highway that is located immediately	20780
adjacent to the boundaries of the county in which the sheriff or	20781
deputy sheriff is elected or appointed.	20782

(2) A member of the police force of a township police	20783
district created under section 505.48 of the Revised Code, a	20784
member of the police force of a joint police district created	20785
under section 505.482 of the Revised Code, or a township constable	20786
appointed in accordance with section 509.01 of the Revised Code,	20787
who has received a certificate from the Ohio peace officer	20788
training commission under section 109.75 of the Revised Code, may	20789
arrest and detain, until a warrant can be obtained, any person	20790
found violating any section or chapter of the Revised Code listed	20791
in division (E)(1) of this section, other than sections 4513.33	20792
and 4513.34 of the Revised Code, on the portion of any street or	20793
highway that is located immediately adjacent to the boundaries of	20794
the township police district or joint police district, in the case	20795
of a member of a township police district or joint police district	20796
police force, or the unincorporated territory of the township, in	20797
the case of a township constable. However, if the population of	20798
the township that created the township police district served by	20799
the member's police force, or the townships and municipal	20800
corporations that created the joint police district served by the	20801
member's police force, or the township that is served by the	20802
township constable, is sixty thousand or less, the member of the	20803
township police district or joint police district police force or	20804
the township constable may not make an arrest under division	20805
(E)(2) of this section on a state highway that is included as part	20806
of the interstate system.	20807

(3) A police officer or village marshal appointed, elected,	20808
or employed by a municipal corporation may arrest and detain,	20809
until a warrant can be obtained, any person found violating any	20810
section or chapter of the Revised Code listed in division (E)(1)	20811
of this section on the portion of any street or highway that is	20812
located immediately adjacent to the boundaries of the municipal	20813
corporation in which the police officer or village marshal is	20814
appointed, elected, or employed.	20815

(4) A peace officer of the department of natural resources, a	20816
state fire marshal law enforcement officer described in division	20817
(A)(23) of section 109.71 of the Revised Code, or an individual	20818
designated to perform law enforcement duties under section	20819
511.232, 1545.13, or 6101.75 of the Revised Code may arrest and	20820
detain, until a warrant can be obtained, any person found	20821
violating any section or chapter of the Revised Code listed in	20822
division (E)(1) of this section, other than sections 4513.33 and	20823
4513.34 of the Revised Code, on the portion of any street or	20824
highway that is located immediately adjacent to the boundaries of	20825
the lands and waters that constitute the territorial jurisdiction	20826
of the peace officer or state fire marshal law enforcement	20827
officer.	20828

(F)(1) A department of mental health special police officer	20829
or a department of developmental disabilities special police	20830
officer may arrest without a warrant and detain until a warrant	20831
can be obtained any person found committing on the premises of any	20832
institution under the jurisdiction of the particular department a	20833
misdemeanor under a law of the state.	20834

A department of mental health special police officer or a	20835
department of developmental disabilities special police officer	20836
may arrest without a warrant and detain until a warrant can be	20837
obtained any person who has been hospitalized, institutionalized,	20838
or confined in an institution under the jurisdiction of the	20839
particular department pursuant to or under authority of section	20840
2945.37, 2945.371, 2945.38, 2945.39, 2945.40, 2945.401, or	20841
2945.402 of the Revised Code and who is found committing on the	20842
premises of any institution under the jurisdiction of the	20843
particular department a violation of section 2921.34 of the	20844
Revised Code that involves an escape from the premises of the	20845
institution.	20846

(2)(a) If a department of mental health special police	20847
officer or a department of developmental disabilities special	20848
police officer finds any person who has been hospitalized,	20849
institutionalized, or confined in an institution under the	20850
jurisdiction of the particular department pursuant to or under	20851
authority of section 2945.37, 2945.371, 2945.38, 2945.39, 2945.40,	20852
2945.401, or 2945.402 of the Revised Code committing a violation	20853
of section 2921.34 of the Revised Code that involves an escape	20854
from the premises of the institution, or if there is reasonable	20855
ground to believe that a violation of section 2921.34 of the	20856
Revised Code has been committed that involves an escape from the	20857
premises of an institution under the jurisdiction of the	20858
department of mental health or the department of developmental	20859
disabilities and if a department of mental health special police	20860
officer or a department of developmental disabilities special	20861
police officer has reasonable cause to believe that a particular	20862
person who has been hospitalized, institutionalized, or confined	20863
in the institution pursuant to or under authority of section	20864
2945.37, 2945.371, 2945.38, 2945.39, 2945.40, 2945.401, or	20865
2945.402 of the Revised Code is guilty of the violation, the	20866
special police officer, outside of the premises of the	20867
institution, may pursue, arrest, and detain that person for that	20868
violation of section 2921.34 of the Revised Code, until a warrant	20869
can be obtained, if both of the following apply:	20870

(i) The pursuit takes place without unreasonable delay after	20871
the offense is committed;	20872

(ii) The pursuit is initiated within the premises of the	20873
institution from which the violation of section 2921.34 of the	20874
Revised Code occurred.	20875

(b) For purposes of division (F)(2)(a) of this section, the	20876
execution of a written statement by the administrator of the	20877
institution in which a person had been hospitalized,	20878
institutionalized, or confined pursuant to or under authority of	20879
section 2945.37, 2945.371, 2945.38, 2945.39, 2945.40, 2945.401, or	20880
2945.402 of the Revised Code alleging that the person has escaped	20881
from the premises of the institution in violation of section	20882
2921.34 of the Revised Code constitutes reasonable ground to	20883
believe that the violation was committed and reasonable cause to	20884
believe that the person alleged in the statement to have committed	20885
the offense is guilty of the violation.	20886

(G) As used in this section:

20887

(1) A "department of mental health special police officer"	20888
means a special police officer of the department of mental health	20889
designated under section 5119.14 of the Revised Code who is	20890
certified by the Ohio peace officer training commission under	20891
section 109.77 of the Revised Code as having successfully	20892
completed an approved peace officer basic training program.	20893

(2) A "department of developmental disabilities special	20894
police officer" means a special police officer of the department	20895
of developmental disabilities designated under section 5123.13 of	20896
the Revised Code who is certified by the Ohio peace officer	20897
training council under section 109.77 of the Revised Code as	20898
having successfully completed an approved peace officer basic	20899
training program.	20900

(3) "Deadly weapon" has the same meaning as in section	20901
2923.11 of the Revised Code.	20902

(4) "Family or household member" has the same meaning as in	20903
section 2919.25 of the Revised Code.	20904

(5) "Street" or "highway" has the same meaning as in section	20905
4511.01 of the Revised Code.	20906

(6) "Interstate system" has the same meaning as in section	20907
5516.01 of the Revised Code.	20908

(7) "Peace officer of the department of natural resources"	20909
means an employee of the department of natural resources who is a	20910
natural resources law enforcement staff officer designated	20911
pursuant to section 1501.013 of the Revised Code, a forest officer	20912
designated pursuant to section 1503.29 of the Revised Code, a	20913
preserve officer designated pursuant to section 1517.10 of the	20914
Revised Code, a wildlife officer designated pursuant to section	20915
1531.13 of the Revised Code, a park officer designated pursuant to	20916
section 1541.10 of the Revised Code, or a state watercraft officer	20917
designated pursuant to section 1547.521 of the Revised Code.	20918

(8) "Portion of any street or highway" means all lanes of the	20919
street or highway irrespective of direction of travel, including	20920
designated turn lanes, and any berm, median, or shoulder.	20921

Sec. 2945.371. (A) If the issue of a defendant's competence	20922
to stand trial is raised or if a defendant enters a plea of not	20923
guilty by reason of insanity, the court may order one or more	20924
evaluations of the defendant's present mental condition or, in the	20925
case of a plea of not guilty by reason of insanity, of the	20926
defendant's mental condition at the time of the offense charged.	20927
An examiner shall conduct the evaluation.	20928

(B) If the court orders more than one evaluation under	20929
division (A) of this section, the prosecutor and the defendant may	20930
recommend to the court an examiner whom each prefers to perform	20931
one of the evaluations. If a defendant enters a plea of not guilty	20932
by reason of insanity and if the court does not designate an	20933
examiner recommended by the defendant, the court shall inform the	20934
defendant that the defendant may have independent expert	20935
evaluation and that, if the defendant is unable to obtain	20936
independent expert evaluation, it will be obtained for the	20937
defendant at public expense if the defendant is indigent.	20938

(C) If the court orders an evaluation under division (A) of	20939
this section, the defendant shall be available at the times and	20940
places established by the examiners who are to conduct the	20941
evaluation. The court may order a defendant who has been released	20942
on bail or recognizance to submit to an evaluation under this	20943
section. If a defendant who has been released on bail or	20944
recognizance refuses to submit to a complete evaluation, the court	20945
may amend the conditions of bail or recognizance and order the	20946
sheriff to take the defendant into custody and deliver the	20947
defendant to a center, program, or facility operated or certified	20948
by the department of mental health or the department of	20949
developmental disabilities where the defendant may be held for	20950
evaluation for a reasonable period of time not to exceed twenty	20951
days.	20952

(D) A defendant who has not been released on bail or	20953
recognizance may be evaluated at the defendant's place of	20954
detention. Upon the request of the examiner, the court may order	20955
the sheriff to transport the defendant to a program or facility	20956
operated or certified by the department of mental health or the	20957
department of developmental disabilities, where the defendant may	20958
be held for evaluation for a reasonable period of time not to	20959
exceed twenty days, and to return the defendant to the place of	20960
detention after the evaluation. A municipal court may make an	20961
order under this division only upon the request of a certified	20962
forensic center examiner.	20963

(E) If a court orders the evaluation to determine a	20964
defendant's mental condition at the time of the offense charged,	20965
the court shall inform the examiner of the offense with which the	20966
defendant is charged.	20967

(F) In conducting an evaluation of a defendant's mental	20968
condition at the time of the offense charged, the examiner shall	20969
consider all relevant evidence. If the offense charged involves	20970
the use of force against another person, the relevant evidence to	20971
be considered includes, but is not limited to, any evidence that	20972
the defendant suffered, at the time of the commission of the	20973
offense, from the "battered woman syndrome."	20974

(G) The examiner shall file a written report with the court	20975
within thirty days after entry of a court order for evaluation,	20976
and the court shall provide copies of the report to the prosecutor	20977
and defense counsel. The report shall include all of the	20978
following:	20979

(1) The examiner's findings;

20980

(2) The facts in reasonable detail on which the findings are	20981
based;	20982

(3) If the evaluation was ordered to determine the	20983
defendant's competence to stand trial, all of the following	20984
findings or recommendations that are applicable:	20985

(a) Whether the defendant is capable of understanding the	20986
nature and objective of the proceedings against the defendant or	20987
of assisting in the defendant's defense;	20988

(b) If the examiner's opinion is that the defendant is	20989
incapable of understanding the nature and objective of the	20990
proceedings against the defendant or of assisting in the	20991
defendant's defense, whether the defendant presently is mentally	20992
ill or mentally retarded and, if the examiner's opinion is that	20993
the defendant presently is mentally retarded, whether the	20994
defendant appears to be a mentally retarded person subject to	20995
institutionalization by court order;	20996

(c) If the examiner's opinion is that the defendant is	20997
incapable of understanding the nature and objective of the	20998
proceedings against the defendant or of assisting in the	20999
defendant's defense, the examiner's opinion as to the likelihood	21000
of the defendant becoming capable of understanding the nature and	21001
objective of the proceedings against the defendant and of	21002
assisting in the defendant's defense within one year if the	21003
defendant is provided with a course of treatment;	21004

(d) If the examiner's opinion is that the defendant is	21005
incapable of understanding the nature and objective of the	21006
proceedings against the defendant or of assisting in the	21007
defendant's defense and that the defendant presently is mentally	21008
ill or mentally retarded, the examiner's recommendation as to the	21009
least restrictive placement or commitment alternative, consistent	21010
with the defendant's treatment needs for restoration to competency	21011
and with the safety of the community;	21012

~~(e) If the defendant is charged with a misdemeanor offense~~	21013
~~that is not an offense of violence and the examiner's opinion is~~	21014
~~that the defendant is incapable of understanding the nature and~~	21015
~~objective of the proceedings against the defendant or of assisting~~	21016
~~in the defendant's defense and that the defendant is presently~~	21017
~~mentally ill or mentally retarded, the examiner's recommendation~~	21018
~~as to whether the defendant is amenable to engagement in mental~~	21019
~~health treatment or developmental disability services~~.	21020

(4) If the evaluation was ordered to determine the	21021
defendant's mental condition at the time of the offense charged,	21022
the examiner's findings as to whether the defendant, at the time	21023
of the offense charged, did not know, as a result of a severe	21024
mental disease or defect, the wrongfulness of the defendant's acts	21025
charged.	21026

(H) If the examiner's report filed under division (G) of this	21027
section indicates that in the examiner's opinion the defendant is	21028
incapable of understanding the nature and objective of the	21029
proceedings against the defendant or of assisting in the	21030
defendant's defense and that in the examiner's opinion the	21031
defendant appears to be a mentally retarded person subject to	21032
institutionalization by court order, the court shall order the	21033
defendant to undergo a separate mental retardation evaluation	21034
conducted by a psychologist designated by the director of	21035
developmental disabilities. Divisions (C) to (F) of this section	21036
apply in relation to a separate mental retardation evaluation	21037
conducted under this division. The psychologist appointed under	21038
this division to conduct the separate mental retardation	21039
evaluation shall file a written report with the court within	21040
thirty days after the entry of the court order requiring the	21041
separate mental retardation evaluation, and the court shall	21042
provide copies of the report to the prosecutor and defense	21043
counsel. The report shall include all of the information described	21044
in divisions (G)(1) to (4) of this section. If the court orders a	21045
separate mental retardation evaluation of a defendant under this	21046
division, the court shall not conduct a hearing under divisions	21047
(B) to (H) of section 2945.37 of the Revised Code regarding that	21048
defendant until a report of the separate mental retardation	21049
evaluation conducted under this division has been filed. Upon the	21050
filing of that report, the court shall conduct the hearing within	21051
the period of time specified in division (C) of section 2945.37 of	21052
the Revised Code.	21053

(I) An examiner appointed under divisions (A) and (B) of this	21054
section or under division (H) of this section to evaluate a	21055
defendant to determine the defendant's competence to stand trial	21056
also may be appointed to evaluate a defendant who has entered a	21057
plea of not guilty by reason of insanity, but an examiner of that	21058
nature shall prepare separate reports on the issue of competence	21059
to stand trial and the defense of not guilty by reason of	21060
insanity.	21061

(J) No statement that a defendant makes in an evaluation or	21062
hearing under divisions (A) to (H) of this section relating to the	21063
defendant's competence to stand trial or to the defendant's mental	21064
condition at the time of the offense charged shall be used against	21065
the defendant on the issue of guilt in any criminal action or	21066
proceeding, but, in a criminal action or proceeding, the	21067
prosecutor or defense counsel may call as a witness any person who	21068
evaluated the defendant or prepared a report pursuant to a	21069
referral under this section. Neither the appointment nor the	21070
testimony of an examiner appointed under this section precludes	21071
the prosecutor or defense counsel from calling other witnesses or	21072
presenting other evidence on competency or insanity issues.	21073

(K) Persons appointed as examiners under divisions (A) and	21074
(B) of this section or under division (H) of this section shall be	21075
paid a reasonable amount for their services and expenses, as	21076
certified by the court. The certified amount shall be paid by the	21077
county in the case of county courts and courts of common pleas and	21078
by the legislative authority, as defined in section 1901.03 of the	21079
Revised Code, in the case of municipal courts.	21080

Sec. 2945.38. (A) If the issue of a defendant's competence	21081
to stand trial is raised and if the court, upon conducting the	21082
hearing provided for in section 2945.37 of the Revised Code, finds	21083
that the defendant is competent to stand trial, the defendant	21084
shall be proceeded against as provided by law. If the court finds	21085
the defendant competent to stand trial and the defendant is	21086
receiving psychotropic drugs or other medication, the court may	21087
authorize the continued administration of the drugs or medication	21088
or other appropriate treatment in order to maintain the	21089
defendant's competence to stand trial, unless the defendant's	21090
attending physician advises the court against continuation of the	21091
drugs, other medication, or treatment.	21092

(B)(1)(a) If, after taking into consideration all relevant	21093
reports, information, and other evidence, the court finds that the	21094
defendant is incompetent to stand trial and that there is a	21095
substantial probability that the defendant will become competent	21096
to stand trial within one year if the defendant is provided with a	21097
course of treatment, the court shall order the defendant to	21098
undergo treatment. If the defendant has been charged with a felony	21099
offense and if, after taking into consideration all relevant	21100
reports, information, and other evidence, the court finds that the	21101
defendant is incompetent to stand trial, but the court is unable	21102
at that time to determine whether there is a substantial	21103
probability that the defendant will become competent to stand	21104
trial within one year if the defendant is provided with a course	21105
of treatment, the court shall order continuing evaluation and	21106
treatment of the defendant for a period not to exceed four months	21107
to determine whether there is a substantial probability that the	21108
defendant will become competent to stand trial within one year if	21109
the defendant is provided with a course of treatment.	21110

(b) The court order for the defendant to undergo treatment or	21111
continuing evaluation and treatment under division (B)(1)(a) of	21112
this section shall specify that the defendant, if determined to	21113
require mental health treatment or continuing evaluation and	21114
treatment, either shall be committed to the department of mental	21115
health for treatment or continuing evaluation and treatment at a	21116
hospital, facility, or agency, as determined to be clinically	21117
appropriate by the department of mental health ~~and~~or shall be	21118
committed to a facility certified by the department of mental	21119
health as being qualified to treat mental illness, to a public or	21120
community mental health facility, or to a psychiatrist or another	21121
mental health professional for treatment or continuing evaluation	21122
and treatment. Prior to placing the defendant, the department of	21123
mental health shall obtain court approval for that placement	21124
following a hearing. The court order for the defendant to undergo	21125
treatment or continuing evaluation and treatment under division	21126
(B)(1)(a) of this section shall specify that the defendant, if	21127
determined to require treatment or continuing evaluation and	21128
treatment for ~~a developmental disability~~mental retardation,	21129
shall receive treatment or continuing evaluation and treatment at	21130
an institution or facility operated by the department of	21131
developmental disabilities, at a facility certified by the	21132
department of developmental disabilities as being qualified to	21133
treat mental retardation, at a public or private ~~community~~ mental	21134
retardation facility, or by a psychiatrist or another mental	21135
retardation professional. ~~The~~In any case, the order may restrict	21136
the defendant's freedom of movement as the court considers	21137
necessary. The prosecutor in the defendant's case shall send to	21138
the chief clinical officer of the hospital, facility, or agency	21139
where the defendant is placed by the department of mental health,	21140
or to the managing officer of the institution, the director of the	21141
program or facility, or the person to which the defendant is	21142
committed, copies of relevant police reports and other background	21143
information that pertains to the defendant and is available to the	21144
prosecutor unless the prosecutor determines that the release of	21145
any of the information in the police reports or any of the other	21146
background information to unauthorized persons would interfere	21147
with the effective prosecution of any person or would create a	21148
substantial risk of harm to any person.	21149

In ~~committing the defendant to the department of mental~~	21150
~~health, the court shall consider the extent to which the person is~~	21151
~~a danger to the person and to others, the need for security, and~~	21152
~~the type of crime involved and, if the court finds that~~	21153
~~restrictions on the defendant's freedom of movement are necessary,~~	21154
~~shall specify the least restrictive limitations on the person's~~	21155
~~freedom of movement determined to be necessary to protect public~~	21156
~~safety. In~~ determining the place of commitment ~~alternatives for~~	21157
~~defendants determined to require treatment or continuing~~	21158
~~evaluation and treatment for developmental disabilities~~, the court	21159
shall consider the extent to which the person is a danger to the	21160
person and to others, the need for security, and the type of crime	21161
involved and shall order the least restrictive alternative	21162
available that is consistent with public safety and treatment	21163
goals. In weighing these factors, the court shall give preference	21164
to protecting public safety.	21165

(c) If the defendant is found incompetent to stand trial, if	21166
the chief clinical officer of the hospital, facility, or agency	21167
where the defendant is placed, or the managing officer of the	21168
institution, the director of the program or facility, or the	21169
person to which the defendant is committed for treatment or	21170
continuing evaluation and treatment under division (B)(1)(b) of	21171
this section determines that medication is necessary to restore	21172
the defendant's competency to stand trial, and if the defendant	21173
lacks the capacity to give informed consent or refuses medication,	21174
the chief clinical officer of the hospital, facility, or agency	21175
where the defendant is placed, or the managing officer of the	21176
institution, the director of the program or facility, or the	21177
person to which the defendant is committed for treatment or	21178
continuing evaluation and treatment may petition the court for	21179
authorization for the involuntary administration of medication.	21180
The court shall hold a hearing on the petition within five days of	21181
the filing of the petition if the petition was filed in a	21182
municipal court or a county court regarding an incompetent	21183
defendant charged with a misdemeanor or within ten days of the	21184
filing of the petition if the petition was filed in a court of	21185
common pleas regarding an incompetent defendant charged with a	21186
felony offense. Following the hearing, the court may authorize the	21187
involuntary administration of medication or may dismiss the	21188
petition.	21189

~~(d) If the defendant is charged with a misdemeanor offense~~	21190
~~that is not an offense of violence, the prosecutor may hold the~~	21191
~~charges in abeyance while the defendant engages in mental health~~	21192
~~treatment or developmental disability services.~~	21193

(2) If the court finds that the defendant is incompetent to	21194
stand trial and that, even if the defendant is provided with a	21195
course of treatment, there is not a substantial probability that	21196
the defendant will become competent to stand trial within one	21197
year, the court shall order the discharge of the defendant, unless	21198
upon motion of the prosecutor or on its own motion, the court	21199
either seeks to retain jurisdiction over the defendant pursuant to	21200
section 2945.39 of the Revised Code or files an affidavit in the	21201
probate court for the civil commitment of the defendant pursuant	21202
to Chapter 5122. or 5123. of the Revised Code alleging that the	21203
defendant is a mentally ill person subject to hospitalization by	21204
court order or a mentally retarded person subject to	21205
institutionalization by court order. If an affidavit is filed in	21206
the probate court, the trial court shall send to the probate court	21207
copies of all written reports of the defendant's mental condition	21208
that were prepared pursuant to section 2945.371 of the Revised	21209
Code.	21210

The trial court may issue the temporary order of detention	21211
that a probate court may issue under section 5122.11 or 5123.71 of	21212
the Revised Code, to remain in effect until the probable cause or	21213
initial hearing in the probate court. Further proceedings in the	21214
probate court are civil proceedings governed by Chapter 5122. or	21215
5123. of the Revised Code.	21216

(C) No defendant shall be required to undergo treatment,	21217
including any continuing evaluation and treatment, under division	21218
(B)(1) of this section for longer than whichever of the following	21219
periods is applicable:	21220

(1) One year, if the most serious offense with which the	21221
defendant is charged is one of the following offenses:	21222

(a) Aggravated murder, murder, or an offense of violence for	21223
which a sentence of death or life imprisonment may be imposed;	21224

(b) An offense of violence that is a felony of the first or	21225
second degree;	21226

(c) A conspiracy to commit, an attempt to commit, or	21227
complicity in the commission of an offense described in division	21228
(C)(1)(a) or (b) of this section if the conspiracy, attempt, or	21229
complicity is a felony of the first or second degree.	21230

(2) Six months, if the most serious offense with which the	21231
defendant is charged is a felony other than a felony described in	21232
division (C)(1) of this section;	21233

(3) Sixty days, if the most serious offense with which the	21234
defendant is charged is a misdemeanor of the first or second	21235
degree;	21236

(4) Thirty days, if the most serious offense with which the	21237
defendant is charged is a misdemeanor of the third or fourth	21238
degree, a minor misdemeanor, or an unclassified misdemeanor.	21239

(D) Any defendant who is committed pursuant to this section	21240
shall not voluntarily admit the defendant or be voluntarily	21241
admitted to a hospital or institution pursuant to section 5122.02,	21242
5122.15, 5123.69, or 5123.76 of the Revised Code.	21243

(E) Except as otherwise provided in this division, a	21244
defendant who is charged with an offense and is committed by the	21245
court under this section to the department of mental health ~~with~~	21246
~~restrictions on the defendant's freedom of movement~~ or is	21247
committed to an institution or facility for the treatment of	21248
~~developmental disabilities~~mental retardation shall not be granted	21249
unsupervised on-grounds movement, supervised off-grounds movement,	21250
or nonsecured status except in accordance with the court order.	21251
The court may grant a defendant supervised off-grounds movement to	21252
obtain medical treatment or specialized habilitation treatment	21253
services if the person who supervises the treatment or the	21254
continuing evaluation and treatment of the defendant ordered under	21255
division (B)(1)(a) of this section informs the court that the	21256
treatment or continuing evaluation and treatment cannot be	21257
provided at the hospital or facility where the defendant is placed	21258
by the department of mental health or the institution or facility	21259
to which the defendant is committed. The chief clinical officer of	21260
the hospital or facility where the defendant is placed by the	21261
department of mental health or the managing officer of the	21262
institution or director of the facility to which the defendant is	21263
committed, or a designee of any of those persons, may grant a	21264
defendant movement to a medical facility for an emergency medical	21265
situation with appropriate supervision to ensure the safety of the	21266
defendant, staff, and community during that emergency medical	21267
situation. The chief clinical officer of the hospital or facility	21268
where the defendant is placed by the department of mental health	21269
or the managing officer of the institution or director of the	21270
facility to which the defendant is committed shall notify the	21271
court within twenty-four hours of the defendant's movement to the	21272
medical facility for an emergency medical situation under this	21273
division.	21274

(F) The person who supervises the treatment or continuing	21275
evaluation and treatment of a defendant ordered to undergo	21276
treatment or continuing evaluation and treatment under division	21277
(B)(1)(a) of this section shall file a written report with the	21278
court at the following times:	21279

(1) Whenever the person believes the defendant is capable of	21280
understanding the nature and objective of the proceedings against	21281
the defendant and of assisting in the defendant's defense;	21282

(2) For a felony offense, fourteen days before expiration of	21283
the maximum time for treatment as specified in division (C) of	21284
this section and fourteen days before the expiration of the	21285
maximum time for continuing evaluation and treatment as specified	21286
in division (B)(1)(a) of this section, and, for a misdemeanor	21287
offense, ten days before the expiration of the maximum time for	21288
treatment, as specified in division (C) of this section;	21289

(3) At a minimum, after each six months of treatment;

21290

(4) Whenever the person who supervises the treatment or	21291
continuing evaluation and treatment of a defendant ordered under	21292
division (B)(1)(a) of this section believes that there is not a	21293
substantial probability that the defendant will become capable of	21294
understanding the nature and objective of the proceedings against	21295
the defendant or of assisting in the defendant's defense even if	21296
the defendant is provided with a course of treatment.	21297

(G) A report under division (F) of this section shall contain	21298
the examiner's findings, the facts in reasonable detail on which	21299
the findings are based, and the examiner's opinion as to the	21300
defendant's capability of understanding the nature and objective	21301
of the proceedings against the defendant and of assisting in the	21302
defendant's defense. If, in the examiner's opinion, the defendant	21303
remains incapable of understanding the nature and objective of the	21304
proceedings against the defendant and of assisting in the	21305
defendant's defense and there is a substantial probability that	21306
the defendant will become capable of understanding the nature and	21307
objective of the proceedings against the defendant and of	21308
assisting in the defendant's defense if the defendant is provided	21309
with a course of treatment, if in the examiner's opinion the	21310
defendant remains mentally ill or mentally retarded, and if the	21311
maximum time for treatment as specified in division (C) of this	21312
section has not expired, the report also shall contain the	21313
examiner's recommendation as to the least restrictive placement or	21314
commitment alternative that is consistent with the defendant's	21315
treatment needs for restoration to competency and with the safety	21316
of the community. The court shall provide copies of the report to	21317
the prosecutor and defense counsel.	21318

(H) If a defendant is committed pursuant to division (B)(1)	21319
of this section, within ten days after the treating physician of	21320
the defendant or the examiner of the defendant who is employed or	21321
retained by the treating facility advises that there is not a	21322
substantial probability that the defendant will become capable of	21323
understanding the nature and objective of the proceedings against	21324
the defendant or of assisting in the defendant's defense even if	21325
the defendant is provided with a course of treatment, within ten	21326
days after the expiration of the maximum time for treatment as	21327
specified in division (C) of this section, within ten days after	21328
the expiration of the maximum time for continuing evaluation and	21329
treatment as specified in division (B)(1)(a) of this section,	21330
within thirty days after a defendant's request for a hearing that	21331
is made after six months of treatment, or within thirty days after	21332
being advised by the treating physician or examiner that the	21333
defendant is competent to stand trial, whichever is the earliest,	21334
the court shall conduct another hearing to determine if the	21335
defendant is competent to stand trial and shall do whichever of	21336
the following is applicable:	21337

(1) If the court finds that the defendant is competent to	21338
stand trial, the defendant shall be proceeded against as provided	21339
by law.	21340

(2) If the court finds that the defendant is incompetent to	21341
stand trial, but that there is a substantial probability that the	21342
defendant will become competent to stand trial if the defendant is	21343
provided with a course of treatment, and the maximum time for	21344
treatment as specified in division (C) of this section has not	21345
expired, the court, after consideration of the examiner's	21346
recommendation, shall order that treatment be continued, may	21347
change the ~~least restrictive limitations on the defendant's~~	21348
~~freedom of movement~~facility or program at which the treatment is	21349
to be continued, and~~, if applicable,~~ shall specify whether the	21350
treatment ~~for developmental disabilities~~ is to be continued at the	21351
same or a different facility or ~~institution~~program.	21352

(3) If the court finds that the defendant is incompetent to	21353
stand trial, if the defendant is charged with an offense listed in	21354
division (C)(1) of this section, and if the court finds that there	21355
is not a substantial probability that the defendant will become	21356
competent to stand trial even if the defendant is provided with a	21357
course of treatment, or if the maximum time for treatment relative	21358
to that offense as specified in division (C) of this section has	21359
expired, further proceedings shall be as provided in sections	21360
2945.39, 2945.401, and 2945.402 of the Revised Code.	21361

(4) If the court finds that the defendant is incompetent to	21362
stand trial, if the most serious offense with which the defendant	21363
is charged is a misdemeanor or a felony other than a felony listed	21364
in division (C)(1) of this section, and if the court finds that	21365
there is not a substantial probability that the defendant will	21366
become competent to stand trial even if the defendant is provided	21367
with a course of treatment, or if the maximum time for treatment	21368
relative to that offense as specified in division (C) of this	21369
section has expired, the court shall dismiss the indictment,	21370
information, or complaint against the defendant. A dismissal under	21371
this division is not a bar to further prosecution based on the	21372
same conduct. The court shall discharge the defendant unless the	21373
court or prosecutor files an affidavit in probate court for civil	21374
commitment pursuant to Chapter 5122. or 5123. of the Revised Code.	21375
If an affidavit for civil commitment is filed, the court may	21376
detain the defendant for ten days pending civil commitment. All of	21377
the following provisions apply to persons charged with a	21378
misdemeanor or a felony other than a felony listed in division	21379
(C)(1) of this section who are committed by the probate court	21380
subsequent to the court's or prosecutor's filing of an affidavit	21381
for civil commitment under authority of this division:	21382

(a) The chief clinical officer of the entity, hospital, or	21383
facility, the managing officer of the institution, the director of	21384
the program, or the person to which the defendant is committed or	21385
admitted shall do all of the following:	21386

(i) Notify the prosecutor, in writing, of the discharge of	21387
the defendant, send the notice at least ten days prior to the	21388
discharge unless the discharge is by the probate court, and state	21389
in the notice the date on which the defendant will be discharged;	21390

(ii) Notify the prosecutor, in writing, when the defendant is	21391
absent without leave or is granted unsupervised, off-grounds	21392
movement, and send this notice promptly after the discovery of the	21393
absence without leave or prior to the granting of the	21394
unsupervised, off-grounds movement, whichever is applicable;	21395

(iii) Notify the prosecutor, in writing, of the change of the	21396
defendant's commitment or admission to voluntary status, send the	21397
notice promptly upon learning of the change to voluntary status,	21398
and state in the notice the date on which the defendant was	21399
committed or admitted on a voluntary status.	21400

(b) Upon receiving notice that the defendant will be granted	21401
unsupervised, off-grounds movement, the prosecutor either shall	21402
re-indict the defendant or promptly notify the court that the	21403
prosecutor does not intend to prosecute the charges against the	21404
defendant.	21405

(I) If a defendant is convicted of a crime and sentenced to a	21406
jail or workhouse, the defendant's sentence shall be reduced by	21407
the total number of days the defendant is confined for evaluation	21408
to determine the defendant's competence to stand trial or	21409
treatment under this section and sections 2945.37 and 2945.371 of	21410
the Revised Code or by the total number of days the defendant is	21411
confined for evaluation to determine the defendant's mental	21412
condition at the time of the offense charged.	21413

Sec. 2945.39. (A) If a defendant who is charged with an	21414
offense described in division (C)(1) of section 2945.38 of the	21415
Revised Code is found incompetent to stand trial, after the	21416
expiration of the maximum time for treatment as specified in	21417
division (C) of that section or after the court finds that there	21418
is not a substantial probability that the defendant will become	21419
competent to stand trial even if the defendant is provided with a	21420
course of treatment, one of the following applies:	21421

(1) The court or the prosecutor may file an affidavit in	21422
probate court for civil commitment of the defendant in the manner	21423
provided in Chapter 5122. or 5123. of the Revised Code. If the	21424
court or prosecutor files an affidavit for civil commitment, the	21425
court may detain the defendant for ten days pending civil	21426
commitment. If the probate court commits the defendant subsequent	21427
to the court's or prosecutor's filing of an affidavit for civil	21428
commitment, the chief clinical officer of the entity, hospital, or	21429
facility, the managing officer of the institution, the director of	21430
the program, or the person to which the defendant is committed or	21431
admitted shall send to the prosecutor the notices described in	21432
divisions (H)(4)(a)(i) to (iii) of section 2945.38 of the Revised	21433
Code within the periods of time and under the circumstances	21434
specified in those divisions.	21435

(2) On the motion of the prosecutor or on its own motion, the	21436
court may retain jurisdiction over the defendant if, at a hearing,	21437
the court finds both of the following by clear and convincing	21438
evidence:	21439

(a) The defendant committed the offense with which the	21440
defendant is charged.	21441

(b) The defendant is a mentally ill person subject to	21442
hospitalization by court order or a mentally retarded person	21443
subject to institutionalization by court order.	21444

(B) In making its determination under division (A)(2) of this	21445
section as to whether to retain jurisdiction over the defendant,	21446
the court may consider all relevant evidence, including, but not	21447
limited to, any relevant psychiatric, psychological, or medical	21448
testimony or reports, the acts constituting the offense charged,	21449
and any history of the defendant that is relevant to the	21450
defendant's ability to conform to the law.	21451

(C) If the court conducts a hearing as described in division	21452
(A)(2) of this section and if the court does not make both	21453
findings described in divisions (A)(2)(a) and (b) of this section	21454
by clear and convincing evidence, the court shall dismiss the	21455
indictment, information, or complaint against the defendant. Upon	21456
the dismissal, the court shall discharge the defendant unless the	21457
court or prosecutor files an affidavit in probate court for civil	21458
commitment of the defendant pursuant to Chapter 5122. or 5123. of	21459
the Revised Code. If the court or prosecutor files an affidavit	21460
for civil commitment, the court may order that the defendant be	21461
detained for up to ten days pending the civil commitment. If the	21462
probate court commits the defendant subsequent to the court's or	21463
prosecutor's filing of an affidavit for civil commitment, the	21464
chief clinical officer of the entity, hospital, or facility, the	21465
managing officer of the institution, the director of the program,	21466
or the person to which the defendant is committed or admitted	21467
shall send to the prosecutor the notices described in divisions	21468
(H)(4)(a)(i) to (iii) of section 2945.38 of the Revised Code	21469
within the periods of time and under the circumstances specified	21470
in those divisions. A dismissal of charges under this division is	21471
not a bar to further criminal proceedings based on the same	21472
conduct.	21473

(D)(1) If the court conducts a hearing as described in	21474
division (A)(2) of this section and if the court makes the	21475
findings described in divisions (A)(2)(a) and (b) of this section	21476
by clear and convincing evidence, the court shall commit the	21477
defendant, if determined to require mental health treatment,	21478
either to the department of mental health for treatment at a	21479
hospital, facility, or agency as determined clinically appropriate	21480
by the department of mental health or to another medical or	21481
psychiatric facility, as appropriate. Prior to placing the	21482
defendant, the department of mental health shall obtain court	21483
approval for that placement. If the court conducts such a hearing	21484
and if it makes those findings by clear and convincing evidence,	21485
the court shall commit the defendant, if determined to require	21486
treatment for ~~developmental disabilities~~mental retardation, to a	21487
facility operated by the department of developmental disabilities,	21488
or another facility, as appropriate. ~~In committing the defendant~~	21489
~~to the department of mental health, the court shall specify the~~	21490
~~least restrictive limitations on the defendant's freedom of~~	21491
~~movement determined to be necessary to protect public safety. In~~	21492
~~determining the place and nature of the commitment to a facility~~	21493
~~operated by the department of developmental disabilities or~~	21494
~~another facility for treatment of developmental disabilities, the~~	21495
~~court~~In determining the place of commitment, the court shall	21496
consider the extent to which the person is a danger to the person	21497
and to others, the need for security, and the type of crime	21498
involved and shall order the least restrictive ~~commitment~~	21499
alternative available that is consistent with public safety and	21500
the welfare of the defendant. In weighing these factors, the court	21501
shall give preference to protecting public safety.	21502

(2) If a court makes a commitment of a defendant under	21503
division (D)(1) of this section, the prosecutor shall send to the	21504
hospital, facility, or agency where the defendant is placed by the	21505
department of mental health or to the defendant's place of	21506
commitment all reports of the defendant's current mental condition	21507
and, except as otherwise provided in this division, any other	21508
relevant information, including, but not limited to, a transcript	21509
of the hearing held pursuant to division (A)(2) of this section,	21510
copies of relevant police reports, and copies of any prior arrest	21511
and conviction records that pertain to the defendant and that the	21512
prosecutor possesses. The prosecutor shall send the reports of the	21513
defendant's current mental condition in every case of commitment,	21514
and, unless the prosecutor determines that the release of any of	21515
the other relevant information to unauthorized persons would	21516
interfere with the effective prosecution of any person or would	21517
create a substantial risk of harm to any person, the prosecutor	21518
also shall send the other relevant information. Upon admission of	21519
a defendant committed under division (D)(1) of this section, the	21520
place of commitment shall send to the board of alcohol, drug	21521
addiction, and mental health services or the community mental	21522
health board serving the county in which the charges against the	21523
defendant were filed a copy of all reports of the defendant's	21524
current mental condition and a copy of the other relevant	21525
information provided by the prosecutor under this division,	21526
including, if provided, a transcript of the hearing held pursuant	21527
to division (A)(2) of this section, the relevant police reports,	21528
and the prior arrest and conviction records that pertain to the	21529
defendant and that the prosecutor possesses.	21530

(3) If a court makes a commitment under division (D)(1) of	21531
this section, all further proceedings shall be in accordance with	21532
sections 2945.401 and 2945.402 of the Revised Code.	21533

Sec. 2945.40. (A) If a person is found not guilty by reason	21534
of insanity, the verdict shall state that finding, and the trial	21535
court shall conduct a full hearing to determine whether the person	21536
is a mentally ill person subject to hospitalization by court order	21537
or a mentally retarded person subject to institutionalization by	21538
court order. Prior to the hearing, if the trial judge believes	21539
that there is probable cause that the person found not guilty by	21540
reason of insanity is a mentally ill person subject to	21541
hospitalization by court order or mentally retarded person subject	21542
to institutionalization by court order, the trial judge may issue	21543
a temporary order of detention for that person to remain in effect	21544
for ten court days or until the hearing, whichever occurs first.	21545

Any person detained pursuant to a temporary order of	21546
detention issued under this division shall be held in a suitable	21547
facility, taking into consideration the place and type of	21548
confinement prior to and during trial.	21549

(B) The court shall hold the hearing under division (A) of	21550
this section to determine whether the person found not guilty by	21551
reason of insanity is a mentally ill person subject to	21552
hospitalization by court order or a mentally retarded person	21553
subject to institutionalization by court order within ten court	21554
days after the finding of not guilty by reason of insanity.	21555
Failure to conduct the hearing within the ten-day period shall	21556
cause the immediate discharge of the respondent, unless the judge	21557
grants a continuance for not longer than ten court days for good	21558
cause shown or for any period of time upon motion of the	21559
respondent.	21560

(C) If a person is found not guilty by reason of insanity,	21561
the person has the right to attend all hearings conducted pursuant	21562
to sections 2945.37 to 2945.402 of the Revised Code. At any	21563
hearing conducted pursuant to one of those sections, the court	21564
shall inform the person that the person has all of the following	21565
rights:	21566

(1) The right to be represented by counsel and to have that	21567
counsel provided at public expense if the person is indigent, with	21568
the counsel to be appointed by the court under Chapter 120. of the	21569
Revised Code or under the authority recognized in division (C) of	21570
section 120.06, division (E) of section 120.16, division (E) of	21571
section 120.26, or section 2941.51 of the Revised Code;	21572

(2) The right to have independent expert evaluation and to	21573
have that independent expert evaluation provided at public expense	21574
if the person is indigent;	21575

(3) The right to subpoena witnesses and documents, to present	21576
evidence on the person's behalf, and to cross-examine witnesses	21577
against the person;	21578

(4) The right to testify in the person's own behalf and to	21579
not be compelled to testify;	21580

(5) The right to have copies of any relevant medical or	21581
mental health document in the custody of the state or of any place	21582
of commitment other than a document for which the court finds that	21583
the release to the person of information contained in the document	21584
would create a substantial risk of harm to any person.	21585

(D) The hearing under division (A) of this section shall be	21586
open to the public, and the court shall conduct the hearing in	21587
accordance with the Rules of Civil Procedure. The court shall make	21588
and maintain a full transcript and record of the hearing	21589
proceedings. The court may consider all relevant evidence,	21590
including, but not limited to, any relevant psychiatric,	21591
psychological, or medical testimony or reports, the acts	21592
constituting the offense in relation to which the person was found	21593
not guilty by reason of insanity, and any history of the person	21594
that is relevant to the person's ability to conform to the law.	21595

(E) Upon completion of the hearing under division (A) of this	21596
section, if the court finds there is not clear and convincing	21597
evidence that the person is a mentally ill person subject to	21598
hospitalization by court order or a mentally retarded person	21599
subject to institutionalization by court order, the court shall	21600
discharge the person, unless a detainer has been placed upon the	21601
person by the department of rehabilitation and correction, in	21602
which case the person shall be returned to that department.	21603

(F) If, at the hearing under division (A) of this section,	21604
the court finds by clear and convincing evidence that the person	21605
is a mentally ill person subject to hospitalization by court	21606
order, the court shall commit the person either to the department	21607
of mental health for ~~placement~~treatment in a hospital, facility,	21608
or agency as determined clinically appropriate by the department	21609
of mental health or to another medical or psychiatric facility, as	21610
appropriate. Prior to placing the defendant, the department of	21611
mental health shall obtain court approval for that placement. If,	21612
at the hearing under division (A) of this section, the court ~~finds~~	21613
determines by clear and convincing evidence that the person ~~is a~~	21614
~~mentally retarded person subject to institutionalization by court~~	21615
~~order~~requires treatment for mental retardation, it shall commit	21616
the person to a facility operated by the department of	21617
developmental disabilities or another facility, as appropriate.	21618
Further proceedings shall be in accordance with sections 2945.401	21619
and 2945.402 of the Revised Code. ~~In committing the person to the~~	21620
~~department of mental health, the court shall specify the least~~	21621
~~restrictive limitations to the defendant's freedom of movement~~	21622
~~determined to be necessary to protect public safety.~~ In	21623
determining the place ~~and nature~~ of ~~the~~ commitment ~~of a mentally~~	21624
~~retarded person subject to institutionalization by court order~~,	21625
the court shall consider the extent to which the person is a	21626
danger to the person and to others, the need for security, and the	21627
type of crime involved and shall order the least restrictive	21628
~~commitment~~ alternative available that is consistent with public	21629
safety and the welfare of the person. In weighing these factors,	21630
the court shall give preference to protecting public safety.	21631

(G) If a court makes a commitment of a person under division	21632
(F) of this section, the prosecutor shall send to the hospital,	21633
facility, or agency where the person is placed by the department	21634
of mental health or to the defendant's place of commitment all	21635
reports of the person's current mental condition, and, except as	21636
otherwise provided in this division, any other relevant	21637
information, including, but not limited to, a transcript of the	21638
hearing held pursuant to division (A) of this section, copies of	21639
relevant police reports, and copies of any prior arrest and	21640
conviction records that pertain to the person and that the	21641
prosecutor possesses. The prosecutor shall send the reports of the	21642
person's current mental condition in every case of commitment,	21643
and, unless the prosecutor determines that the release of any of	21644
the other relevant information to unauthorized persons would	21645
interfere with the effective prosecution of any person or would	21646
create a substantial risk of harm to any person, the prosecutor	21647
also shall send the other relevant information. Upon admission of	21648
a person committed under division (F) of this section, the place	21649
of commitment shall send to the board of alcohol, drug addiction,	21650
and mental health services or the community mental health board	21651
serving the county in which the charges against the person were	21652
filed a copy of all reports of the person's current mental	21653
condition and a copy of the other relevant information provided by	21654
the prosecutor under this division, including, if provided, a	21655
transcript of the hearing held pursuant to division (A) of this	21656
section, the relevant police reports, and the prior arrest and	21657
conviction records that pertain to the person and that the	21658
prosecutor possesses.	21659

(H) A person who is committed pursuant to this section shall	21660
not voluntarily admit the person or be voluntarily admitted to a	21661
hospital or institution pursuant to section 5122.02, 5122.15,	21662
5123.69, or 5123.76 of the Revised Code.	21663

Sec. 2945.401. (A) A defendant found incompetent to stand	21664
trial and committed pursuant to section 2945.39 of the Revised	21665
Code or a person found not guilty by reason of insanity and	21666
committed pursuant to section 2945.40 of the Revised Code shall	21667
remain subject to the jurisdiction of the trial court pursuant to	21668
that commitment, and to the provisions of this section, until the	21669
final termination of the commitment as described in division	21670
(J)(1) of this section. If the jurisdiction is terminated under	21671
this division because of the final termination of the commitment	21672
resulting from the expiration of the maximum prison term or term	21673
of imprisonment described in division (J)(1)(b) of this section,	21674
the court or prosecutor may file an affidavit for the civil	21675
commitment of the defendant or person pursuant to Chapter 5122. or	21676
5123. of the Revised Code.	21677

(B) A hearing conducted under any provision of sections	21678
2945.37 to 2945.402 of the Revised Code shall not be conducted in	21679
accordance with Chapters 5122. and 5123. of the Revised Code. Any	21680
person who is committed pursuant to section 2945.39 or 2945.40 of	21681
the Revised Code shall not voluntarily admit the person or be	21682
voluntarily admitted to a hospital or institution pursuant to	21683
section 5122.02, 5122.15, 5123.69, or 5123.76 of the Revised Code.	21684
All other provisions of Chapters 5122. and 5123. of the Revised	21685
Code regarding hospitalization or institutionalization shall apply	21686
to the extent they are not in conflict with this chapter. A	21687
commitment under section 2945.39 or 2945.40 of the Revised Code	21688
shall not be terminated and the conditions of the commitment shall	21689
not be changed except as otherwise provided in division (D)(2) of	21690
this section with respect to a mentally retarded person subject to	21691
institutionalization by court order or except by order of the	21692
trial court.	21693

(C) The department of mental health or the institution or,	21694
facility, or program to which a defendant or person has been	21695
committed under section 2945.39 or 2945.40 of the Revised Code	21696
shall report in writing to the trial court, at the times specified	21697
in this division, as to whether the defendant or person remains a	21698
mentally ill person subject to hospitalization by court order or a	21699
mentally retarded person subject to institutionalization by court	21700
order and, in the case of a defendant committed under section	21701
2945.39 of the Revised Code, as to whether the defendant remains	21702
incompetent to stand trial. The department, institution, or	21703
facility, or program shall make the reports after the initial six	21704
months of treatment and every two years after the initial report	21705
is made. The trial court shall provide copies of the reports to	21706
the prosecutor and to the counsel for the defendant or person.	21707
Within thirty days after its receipt pursuant to this division of	21708
a report from the department, institution, or facility, or	21709
program, the trial court shall hold a hearing on the continued	21710
commitment of the defendant or person or on any changes in the	21711
conditions of the commitment of the defendant or person. The	21712
defendant or person may request a change in the conditions of	21713
confinement, and the trial court shall conduct a hearing on that	21714
request if six months or more have elapsed since the most recent	21715
hearing was conducted under this section.	21716

(D)(1) Except as otherwise provided in division (D)(2) of	21717
this section, when a defendant or person has been committed under	21718
section 2945.39 or 2945.40 of the Revised Code, at any time after	21719
evaluating the risks to public safety and the welfare of the	21720
defendant or person, the designee of the department of mental	21721
health or the managing officer of the institution or director of	21722
the facility or program to which the defendant or person is	21723
committed may recommend a termination of the defendant's or	21724
person's commitment or a change in the conditions of the	21725
defendant's or person's commitment.	21726

Except as otherwise provided in division (D)(2) of this	21727
section, if the designee of the department of mental health	21728
recommends on-grounds unsupervised movement, off-grounds	21729
supervised movement, or nonsecured status for the defendant or	21730
person or termination of the defendant's or person's commitment,	21731
the following provisions apply:	21732

(a) If the department's designee recommends on-grounds	21733
unsupervised movement or off-grounds supervised movement, the	21734
department's designee shall file with the trial court an	21735
application for approval of the movement and shall send a copy of	21736
the application to the prosecutor. Within fifteen days after	21737
receiving the application, the prosecutor may request a hearing on	21738
the application and, if a hearing is requested, shall so inform	21739
the department's designee. If the prosecutor does not request a	21740
hearing within the fifteen-day period, the trial court shall	21741
approve the application by entering its order approving the	21742
requested movement or, within five days after the expiration of	21743
the fifteen-day period, shall set a date for a hearing on the	21744
application. If the prosecutor requests a hearing on the	21745
application within the fifteen-day period, the trial court shall	21746
hold a hearing on the application within thirty days after the	21747
hearing is requested. If the trial court, within five days after	21748
the expiration of the fifteen-day period, sets a date for a	21749
hearing on the application, the trial court shall hold the hearing	21750
within thirty days after setting the hearing date. At least	21751
fifteen days before any hearing is held under this division, the	21752
trial court shall give the prosecutor written notice of the date,	21753
time, and place of the hearing. At the conclusion of each hearing	21754
conducted under this division, the trial court either shall	21755
approve or disapprove the application and shall enter its order	21756
accordingly.	21757

(b) If the department's designee recommends termination of	21758
the defendant's or person's commitment at any time or if the	21759
department's designee recommends the first of any nonsecured	21760
status for the defendant or person, the department's designee	21761
shall send written notice of this recommendation to the trial	21762
court and to the local forensic center. The local forensic center	21763
shall evaluate the committed defendant or person and, within	21764
thirty days after its receipt of the written notice, shall submit	21765
to the trial court and the department's designee a written report	21766
of the evaluation. The trial court shall provide a copy of the	21767
department's designee's written notice and of the local forensic	21768
center's written report to the prosecutor and to the counsel for	21769
the defendant or person. Upon the local forensic center's	21770
submission of the report to the trial court and the department's	21771
designee, all of the following apply:	21772

(i) If the forensic center disagrees with the recommendation	21773
of the department's designee, it shall inform the department's	21774
designee and the trial court of its decision and the reasons for	21775
the decision. The department's designee, after consideration of	21776
the forensic center's decision, shall either withdraw, proceed	21777
with, or modify and proceed with the recommendation. If the	21778
department's designee proceeds with, or modifies and proceeds	21779
with, the recommendation, the department's designee shall proceed	21780
in accordance with division (D)(1)(b)(iii) of this section.	21781

(ii) If the forensic center agrees with the recommendation of	21782
the department's designee, it shall inform the department's	21783
designee and the trial court of its decision and the reasons for	21784
the decision, and the department's designee shall proceed in	21785
accordance with division (D)(1)(b)(iii) of this section.	21786

(iii) If the forensic center disagrees with the	21787
recommendation of the department's designee and the department's	21788
designee proceeds with, or modifies and proceeds with, the	21789
recommendation or if the forensic center agrees with the	21790
recommendation of the department's designee, the department's	21791
designee shall work with community mental health agencies,	21792
programs, facilities, or boards of alcohol, drug addiction, and	21793
mental health services or community mental health boards to	21794
develop a plan to implement the recommendation. If the defendant	21795
or person is on medication, the plan shall include, but shall not	21796
be limited to, a system to monitor the defendant's or person's	21797
compliance with the prescribed medication treatment plan. The	21798
system shall include a schedule that clearly states when the	21799
defendant or person shall report for a medication compliance	21800
check. The medication compliance checks shall be based upon the	21801
effective duration of the prescribed medication, taking into	21802
account the route by which it is taken, and shall be scheduled at	21803
intervals sufficiently close together to detect a potential	21804
increase in mental illness symptoms that the medication is	21805
intended to prevent.	21806

The department's designee, after consultation with the board	21807
of alcohol, drug addiction, and mental health services or the	21808
community mental health board serving the area, shall send the	21809
recommendation and plan developed under division (D)(1)(b)(iii) of	21810
this section, in writing, to the trial court, the prosecutor, and	21811
the counsel for the committed defendant or person. The trial court	21812
shall conduct a hearing on the recommendation and plan developed	21813
under division (D)(1)(b)(iii) of this section. Divisions (D)(1)(c)	21814
and (d) and (E) to (J) of this section apply regarding the	21815
hearing.	21816

(c) If the department's designee's recommendation is for	21817
nonsecured status or termination of commitment, the prosecutor may	21818
obtain an independent expert evaluation of the defendant's or	21819
person's mental condition, and the trial court may continue the	21820
hearing on the recommendation for a period of not more than thirty	21821
days to permit time for the evaluation.	21822

The prosecutor may introduce the evaluation report or present	21823
other evidence at the hearing in accordance with the Rules of	21824
Evidence.	21825

(d) The trial court shall schedule the hearing on a	21826
department's designee's recommendation for nonsecured status or	21827
termination of commitment and shall give reasonable notice to the	21828
prosecutor and the counsel for the defendant or person. Unless	21829
continued for independent evaluation at the prosecutor's request	21830
or for other good cause, the hearing shall be held within thirty	21831
days after the trial court's receipt of the recommendation and	21832
plan.	21833

(2)(a) Division (D)(1) of this section does not apply to	21834
on-grounds unsupervised movement of a defendant or person who has	21835
been committed under section 2945.39 or 2945.40 of the Revised	21836
Code, who is a mentally retarded person subject to	21837
institutionalization by court order, and who is being provided	21838
residential habilitation, care, and treatment in a facility	21839
operated by the department of developmental disabilities.	21840

(b) If, pursuant to section 2945.39 of the Revised Code, the	21841
trial court commits a defendant who is found incompetent to stand	21842
trial and who is a mentally retarded person subject to	21843
institutionalization by court order, if the defendant is being	21844
provided residential habilitation, care, and treatment in a	21845
facility operated by the department of developmental disabilities,	21846
if an individual who is conducting a survey for the department of	21847
health to determine the facility's compliance with the	21848
certification requirements of the medicaid program under Chapter	21849
5111. of the Revised Code and Title XIX of the "Social Security	21850
Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended, cites the	21851
defendant's receipt of the residential habilitation, care, and	21852
treatment in the facility as being inappropriate under the	21853
certification requirements, if the defendant's receipt of the	21854
residential habilitation, care, and treatment in the facility	21855
potentially jeopardizes the facility's continued receipt of	21856
federal medicaid moneys, and if as a result of the citation the	21857
chief clinical officer of the facility determines that the	21858
conditions of the defendant's commitment should be changed, the	21859
department of developmental disabilities may cause the defendant	21860
to be removed from the particular facility and, after evaluating	21861
the risks to public safety and the welfare of the defendant and	21862
after determining whether another type of placement is consistent	21863
with the certification requirements, may place the defendant in	21864
another facility that the department selects as an appropriate	21865
facility for the defendant's continued receipt of residential	21866
habilitation, care, and treatment and that is a no less secure	21867
setting than the facility in which the defendant had been placed	21868
at the time of the citation. Within three days after the	21869
defendant's removal and alternative placement under the	21870
circumstances described in division (D)(2)(b) of this section, the	21871
department of developmental disabilities shall notify the trial	21872
court and the prosecutor in writing of the removal and alternative	21873
placement.	21874

The trial court shall set a date for a hearing on the removal	21875
and alternative placement, and the hearing shall be held within	21876
twenty-one days after the trial court's receipt of the notice from	21877
the department of developmental disabilities. At least ten days	21878
before the hearing is held, the trial court shall give the	21879
prosecutor, the department of developmental disabilities, and the	21880
counsel for the defendant written notice of the date, time, and	21881
place of the hearing. At the hearing, the trial court shall	21882
consider the citation issued by the individual who conducted the	21883
survey for the department of health to be prima-facie evidence of	21884
the fact that the defendant's commitment to the particular	21885
facility was inappropriate under the certification requirements of	21886
the medicaid program under Chapter 5111. of the Revised Code and	21887
Title XIX of the "Social Security Act," 49 Stat. 620 (1935), 42	21888
U.S.C.A. 301, as amended, and potentially jeopardizes the	21889
particular facility's continued receipt of federal medicaid	21890
moneys. At the conclusion of the hearing, the trial court may	21891
approve or disapprove the defendant's removal and alternative	21892
placement. If the trial court approves the defendant's removal and	21893
alternative placement, the department of developmental	21894
disabilities may continue the defendant's alternative placement.	21895
If the trial court disapproves the defendant's removal and	21896
alternative placement, it shall enter an order modifying the	21897
defendant's removal and alternative placement, but that order	21898
shall not require the department of developmental disabilities to	21899
replace the defendant for purposes of continued residential	21900
habilitation, care, and treatment in the facility associated with	21901
the citation issued by the individual who conducted the survey for	21902
the department of health.	21903

(E) In making a determination under this section regarding	21904
nonsecured status or termination of commitment, the trial court	21905
shall consider all relevant factors, including, but not limited	21906
to, all of the following:	21907

(1) Whether, in the trial court's view, the defendant or	21908
person currently represents a substantial risk of physical harm to	21909
the defendant or person or others;	21910

(2) Psychiatric and medical testimony as to the current	21911
mental and physical condition of the defendant or person;	21912

(3) Whether the defendant or person has insight into the	21913
~~dependant's~~ defendant's or person's condition so that the	21914
defendant or person will continue treatment as prescribed or seek	21915
professional assistance as needed;	21916

(4) The grounds upon which the state relies for the proposed	21917
commitment;	21918

(5) Any past history that is relevant to establish the	21919
defendant's or person's degree of conformity to the laws, rules,	21920
regulations, and values of society;	21921

(6) If there is evidence that the defendant's or person's	21922
mental illness is in a state of remission, the medically suggested	21923
cause and degree of the remission and the probability that the	21924
defendant or person will continue treatment to maintain the	21925
remissive state of the defendant's or person's illness should the	21926
defendant's or person's commitment conditions be altered.	21927

(F) At any hearing held pursuant to division (C) or (D)(1) or	21928
(2) of this section, the defendant or the person shall have all	21929
the rights of a defendant or person at a commitment hearing as	21930
described in section 2945.40 of the Revised Code.	21931

(G) In a hearing held pursuant to division (C) or (D)(1) of	21932
this section, the prosecutor has the burden of proof as follows:	21933

(1) For a recommendation of termination of commitment, to	21934
show by clear and convincing evidence that the defendant or person	21935
remains a mentally ill person subject to hospitalization by court	21936
order or a mentally retarded person subject to	21937
institutionalization by court order;	21938

(2) For a recommendation for a change in the conditions of	21939
the commitment to a less restrictive status, to show by clear and	21940
convincing evidence that the proposed change represents a threat	21941
to public safety or a threat to the safety of any person.	21942

(H) In a hearing held pursuant to division (C) or (D)(1) or	21943
(2) of this section, the prosecutor shall represent the state or	21944
the public interest.	21945

(I) At the conclusion of a hearing conducted under division	21946
(D)(1) of this section regarding a recommendation from the	21947
designee of the department of mental health, managing officer of	21948
the institution, or director of a facility or program, the trial	21949
court may approve, disapprove, or modify the recommendation and	21950
shall enter an order accordingly.	21951

(J)(1) A defendant or person who has been committed pursuant	21952
to section 2945.39 or 2945.40 of the Revised Code continues to be	21953
under the jurisdiction of the trial court until the final	21954
termination of the commitment. For purposes of division (J) of	21955
this section, the final termination of a commitment occurs upon	21956
the earlier of one of the following:	21957

(a) The defendant or person no longer is a mentally ill	21958
person subject to hospitalization by court order or a mentally	21959
retarded person subject to institutionalization by court order, as	21960
determined by the trial court;	21961

(b) The expiration of the maximum prison term or term of	21962
imprisonment that the defendant or person could have received if	21963
the defendant or person had been convicted of the most serious	21964
offense with which the defendant or person is charged or in	21965
relation to which the defendant or person was found not guilty by	21966
reason of insanity;	21967

(c) The trial court enters an order terminating the	21968
commitment under the circumstances described in division	21969
(J)(2)(a)(ii) of this section.	21970

(2)(a) If a defendant is found incompetent to stand trial and	21971
committed pursuant to section 2945.39 of the Revised Code, if	21972
neither of the circumstances described in divisions (J)(1)(a) and	21973
(b) of this section applies to that defendant, and if a report	21974
filed with the trial court pursuant to division (C) of this	21975
section indicates that the defendant presently is competent to	21976
stand trial or if, at any other time during the period of the	21977
defendant's commitment, the prosecutor, the counsel for the	21978
defendant, or the designee of the department of mental health or	21979
the managing officer of the institution or director of the	21980
facility or program to which the defendant is committed files an	21981
application with the trial court alleging that the defendant	21982
presently is competent to stand trial and requesting a hearing on	21983
the competency issue or the trial court otherwise has reasonable	21984
cause to believe that the defendant presently is competent to	21985
stand trial and determines on its own motion to hold a hearing on	21986
the competency issue, the trial court shall schedule a hearing on	21987
the competency of the defendant to stand trial, shall give the	21988
prosecutor, the counsel for the defendant, and the department's	21989
designee or the managing officer of the institution or the	21990
director of the facility to which the defendant is committed	21991
notice of the date, time, and place of the hearing at least	21992
fifteen days before the hearing, and shall conduct the hearing	21993
within thirty days of the filing of the application or of its own	21994
motion. If, at the conclusion of the hearing, the trial court	21995
determines that the defendant presently is capable of	21996
understanding the nature and objective of the proceedings against	21997
the defendant and of assisting in the defendant's defense, the	21998
trial court shall order that the defendant is competent to stand	21999
trial and shall be proceeded against as provided by law with	22000
respect to the applicable offenses described in division (C)(1) of	22001
section 2945.38 of the Revised Code and shall enter whichever of	22002
the following additional orders is appropriate:	22003

(i) If the trial court determines that the defendant remains	22004
a mentally ill person subject to hospitalization by court order or	22005
a mentally retarded person subject to institutionalization by	22006
court order, the trial court shall order that the defendant's	22007
commitment to the department of mental health or to an institution	22008
or, facility, or program for the treatment of ~~developmental~~	22009
~~disabilities~~mental retardation be continued during the pendency	22010
of the trial on the applicable offenses described in division	22011
(C)(1) of section 2945.38 of the Revised Code.	22012

(ii) If the trial court determines that the defendant no	22013
longer is a mentally ill person subject to hospitalization by	22014
court order or a mentally retarded person subject to	22015
institutionalization by court order, the trial court shall order	22016
that the defendant's commitment to the department of mental health	22017
or to an institution or, facility, or program for the treatment of	22018
~~developmental disabilities~~mental retardation shall not be	22019
continued during the pendency of the trial on the applicable	22020
offenses described in division (C)(1) of section 2945.38 of the	22021
Revised Code. This order shall be a final termination of the	22022
commitment for purposes of division (J)(1)(c) of this section.	22023

(b) If, at the conclusion of the hearing described in	22024
division (J)(2)(a) of this section, the trial court determines	22025
that the defendant remains incapable of understanding the nature	22026
and objective of the proceedings against the defendant or of	22027
assisting in the defendant's defense, the trial court shall order	22028
that the defendant continues to be incompetent to stand trial,	22029
that the defendant's commitment to the department of mental health	22030
or to an institution or, facility, or program for the treatment of	22031
~~developmental disabilities~~mental retardation shall be continued,	22032
and that the defendant remains subject to the jurisdiction of the	22033
trial court pursuant to that commitment, and to the provisions of	22034
this section, until the final termination of the commitment as	22035
described in division (J)(1) of this section.	22036

Sec. 2961.22. (A)(1) Any prisoner serving a prison term in a	22037
state correctional institution who satisfies all of the following	22038
is eligible to apply to the department of rehabilitation and	22039
correction at a time specified in division (A)(2) of this section	22040
and in accordance with division (D) of this section for a	22041
certificate of achievement and employability:	22042

(a) The prisoner has satisfactorily completed one or more	22043
in-prison vocational programs approved by rule by the department	22044
of rehabilitation and correction.	22045

(b) The prisoner has demonstrated exemplary performance as	22046
determined by completion of one or more cognitive or behavioral	22047
improvement programs approved by rule by the department while	22048
incarcerated in a state correctional institution, while under	22049
supervision, or during both periods of time.	22050

22051

(d) The prisoner shows other evidence of achievement and	22052
rehabilitation while under the jurisdiction of the department.	22053

(2) An eligible prisoner may apply to the department of	22054
rehabilitation and correction under division (A)(1) of this	22055
section for a certificate of achievement and employability no	22056
earlier than one year prior to the date scheduled for the release	22057
of the prisoner from department custody and no later than the date	22058
of release of the prisoner.	22059

(B)(1) Any prisoner who has been released from a state	22060
correctional institution, who is under supervision on parole or	22061
under a post-release control sanction, and who satisfies all of	22062
the criteria set forth in division (A)(1) of this section is	22063
eligible to apply to the adult parole authority at a time	22064
specified in division (B)(2) of this section and in accordance	22065
with division (D) of this section for a certificate of achievement	22066
and employability.	22067

(2) An eligible prisoner may apply to the adult parole	22068
authority under division (B)(1) of this section for a certificate	22069
of achievement and employability at any time while the prisoner is	22070
under supervision on parole or under a post-release control	22071
sanction.	22072

(C)(1) An eligible prisoner may apply to the department of	22073
rehabilitation and correction or to the adult parole authority at	22074
a time specified in division (A) or (B) of this section, whichever	22075
is applicable, for a certificate of achievement and employability	22076
that grants the prisoner relief from one or more mandatory civil	22077
impacts that would affect a potential job within a field in which	22078
the prisoner trained as part of the prisoner's in-prison	22079
vocational program. The prisoner shall specify the mandatory civil	22080
impacts from which the prisoner is requesting relief under the	22081
certificate. Upon application by a prisoner in accordance with	22082
this division, if the mandatory civil impact of any licensing	22083
agency would be affected by the issuance of the certificate to the	22084
prisoner, the department or authority shall notify the licensing	22085
agency of the filing of the application, provide the licensing	22086
agency with a copy of the application and all evidence that the	22087
department, authority, or court has regarding the prisoner, and	22088
afford the licensing agency with an opportunity to object in	22089
writing to the issuance of the certificate to the prisoner.	22090

(2) Upon application by a prisoner in accordance with	22091
division (C)(1) of this section, the department of rehabilitation	22092
and correction or the adult parole authority, whichever is	22093
applicable, shall consider the application and all objections to	22094
the issuance of a certificate of achievement and employability to	22095
the prisoner, if any, that were made by a licensing agency under	22096
division (C)(1) of this section. If the department or authority	22097
determines that the prisoner is an eligible prisoner, that the	22098
application was filed at a time specified in division (B) of this	22099
section, and that any licensing agency objections to the issuance	22100
of the certificate to the prisoner are not sufficient to deny the	22101
issuance of the certificate to the prisoner, subject to division	22102
(C)(3) of this section, the department or authority shall issue	22103
the prisoner a certificate of achievement and employability that	22104
grants the prisoner relief from the mandatory civil impacts that	22105
are specified in the prisoner's application and that would affect	22106
a potential job within a field in which the prisoner trained as	22107
part of the prisoner's in-prison vocational program.	22108

(3) The mandatory civil impacts identified in division (A)(1)	22109
of section 2961.01 and in division (B) of section 2961.02 of the	22110
Revised Code shall not be affected by any certificate of	22111
achievement and employability issued under this section. No	22112
certificate of achievement and employability issued to a prisoner	22113
under this section grants the prisoner relief from the mandatory	22114
civil impacts identified in division (A)(1) of section 2961.01 and	22115
in division (B) of section 2961.02 of the Revised Code.	22116

(E) The department of rehabilitation and correction shall	22117
adopt rules that define in-prison vocational programs and	22118
cognitive or behavioral improvement programs that a prisoner may	22119
complete to satisfy the criteria described in divisions (A)(1)(a)	22120
and (b) of this section.	22121

(F) The department of rehabilitation and correction and the	22122
adult parole authority shall not be liable for any claim for	22123
damages arising from the department's or authority's issuance,	22124
denial, or revocation of a certificate of achievement and	22125
employability or for the department's or authority's failure to	22126
revoke a certificate of achievement and employability under the	22127
circumstances described in section 2961.24 of the Revised Code.	22128

Sec. 2967.03. The adult parole authority may exercise its	22129
functions and duties in relation to the pardon, commutation of	22130
sentence, or reprieve of a convict upon direction of the governor	22131
or upon its own initiative. It may exercise its functions and	22132
duties in relation to the parole of a prisoner who is eligible for	22133
parole upon the initiative of the head of the institution in which	22134
the prisoner is confined or upon its own initiative. When a	22135
prisoner becomes eligible for parole, the head of the institution	22136
in which the prisoner is confined shall notify the authority in	22137
the manner prescribed by the authority. The authority may	22138
investigate and examine, or cause the investigation and	22139
examination of, prisoners confined in state correctional	22140
institutions concerning their conduct in the institutions, their	22141
mental and moral qualities and characteristics, their knowledge of	22142
a trade or profession, their former means of livelihood, their	22143
family relationships, and any other matters affecting their	22144
fitness to be at liberty without being a threat to society.	22145

The authority may recommend to the governor the pardon,	22146
commutation of sentence, ~~medical release,~~ or reprieve of any	22147
convict or prisoner or grant a parole to any prisoner for whom	22148
parole is authorized, if in its judgment there is reasonable	22149
ground to believe that granting a pardon, commutation, ~~medical~~	22150
~~release,~~ or reprieve to the convict or paroling the prisoner would	22151
further the interests of justice and be consistent with the	22152
welfare and security of society. However, the authority shall not	22153
recommend a pardon,or commutation of sentence, ~~or medical release~~	22154
~~of,~~ or grant a parole to, any convict or prisoner until the	22155
authority has complied with the applicable notice requirements of	22156
sections 2930.16 and 2967.12 of the Revised Code and until it has	22157
considered any statement made by a victim or a victim's	22158
representative that is relevant to the convict's or prisoner's	22159
case and that was sent to the authority pursuant to section	22160
2930.17 of the Revised Code, any other statement made by a victim	22161
or a victim's representative that is relevant to the convict's or	22162
prisoner's case and that was received by the authority after it	22163
provided notice of the pendency of the action under sections	22164
2930.16 and 2967.12 of the Revised Code, and any written statement	22165
of any person submitted to the court pursuant to division (G) of	22166
section 2967.12 of the Revised Code. If a victim, victim's	22167
representative, or the victim's spouse, parent, sibling, or child	22168
appears at a full board hearing of the parole board and gives	22169
testimony as authorized by section 5149.101 of the Revised Code,	22170
the authority shall consider the testimony in determining whether	22171
to grant a parole. The trial judge and prosecuting attorney of the	22172
trial court in which a person was convicted shall furnish to the	22173
authority, at the request of the authority, a summarized statement	22174
of the facts proved at the trial and of all other facts having	22175
reference to the propriety of recommending a pardon, commutation,	22176
or medical release, or granting a parole, together with a	22177
recommendation for or against a pardon, commutation, medical	22178
release, or parole, and the reasons for the recommendation. The	22179
trial judge, the prosecuting attorney, specified law enforcement	22180
agency members, and a representative of the prisoner may appear at	22181
a full board hearing of the parole board and give testimony in	22182
regard to the grant of a parole to the prisoner as authorized by	22183
section 5149.101 of the Revised Code. All state and local	22184
officials shall furnish information to the authority, when so	22185
requested by it in the performance of its duties.	22186

The adult parole authority shall exercise its functions and	22187
duties in relation to the release of prisoners who are serving a	22188
stated prison term in accordance with section 2967.28 of the	22189
Revised Code.	22190

Sec. 2967.05. (A) As used in this section:

22191

(1) "Imminent danger of death" means that the inmate has a	22192
medically diagnosable condition that will cause death to occur	22193
within a short period of time.	22194

As used in division (A)(1) of this section, "within a short	22195
period of time" means generally within six months.	22196

(2)(a) "Medically incapacitated" means any diagnosable	22197
medical condition, including mental dementia and severe, permanent	22198
medical or cognitive disability, that prevents the inmate from	22199
completing activities of daily living without significant	22200
assistance, that incapacitates the inmate to the extent that	22201
institutional confinement does not offer additional restrictions,	22202
that is likely to continue throughout the entire period of parole,	22203
and that is unlikely to improve noticeably.	22204

(b) "Medically incapacitated" does not include conditions	22205
related solely to mental illness unless the mental illness is	22206
accompanied by injury, disease, or organic defect.	22207

(3)(a) "Terminal illness" means a condition that satisfies	22208
all of the following criteria:	22209

(i) The condition is irreversible and incurable and is caused	22210
by disease, illness, or injury from which the inmate is unlikely	22211
to recover.	22212

(ii) In accordance with reasonable medical standards and a	22213
reasonable degree of medical certainty, the condition is likely to	22214
cause death to the inmate within twelve months.	22215

(iii) Institutional confinement of the inmate does not offer	22216
additional protections for public safety or against the inmate's	22217
risk to reoffend.	22218

(b) The department of rehabilitation and correction shall	22219
adopt rules pursuant to Chapter 119. of the Revised Code to	22220
implement the definition of "terminal illness" in division	22221
(A)(3)(a) of this section.	22222

(B) Upon the recommendation of the director of rehabilitation	22223
and correction, accompanied by a certificate of the attending	22224
physician that an inmate is terminally ill, medically	22225
incapacitated, or in imminent danger of death, the governor may	22226
order the inmate's release as if on parole, reserving the right to	22227
return the inmate to the institution pursuant to this section. If,	22228
subsequent to the inmate's release, the inmate's health improves	22229
so that the inmate is no longer terminally ill, medically	22230
incapacitated, or in imminent danger of death, the inmate shall be	22231
returned, by order of the governor, to the institution from which	22232
the inmate was released. If the inmate violates any rules or	22233
conditions applicable to the inmate, the inmate may be returned to	22234
an institution under the control of the department of	22235
rehabilitation and correction. The governor may direct the adult	22236
parole authority to investigate or cause to be investigated the	22237
inmate and make a recommendation ~~in the manner set forth in~~	22238
~~section 2967.03 of the Revised Code~~. An inmate released under this	22239
section shall be subject to supervision by the adult parole	22240
authority in accordance with any recommendation of the adult	22241
parole authority that is approved by the governor. The adult	22242
parole authority shall adopt rules pursuant to section 119.03 of	22243
the Revised Code to establish the procedure for medical release of	22244
an inmate when an inmate is terminally ill, medically	22245
incapacitated, or in imminent danger of death.	22246

(C) No inmate is eligible for release under this section if	22247
the inmate is serving a death sentence, a sentence of life without	22248
parole, a sentence under Chapter 2971. of the Revised Code for a	22249
felony of the first or second degree, a sentence for aggravated	22250
murder or murder, or a mandatory prison term for an offense of	22251
violence or any specification described in Chapter 2941. of the	22252
Revised Code.	22253

Sec. 2967.14. (A) The department of rehabilitation and	22254
correction or the adult parole authority may require or allow a	22255
parolee, a releasee, or a prisoner otherwise released from a state	22256
correctional institution to reside in a halfway house or other	22257
suitable community residential center that has been licensed by	22258
the division of parole and community services pursuant to division	22259
(C) of this section during a part or for the entire period of the	22260
offender's or parolee's conditional release or of the releasee's	22261
term of post-release control. The court of common pleas that	22262
placed an offender under a sanction consisting of a term in a	22263
halfway house or in an alternative residential sanction may	22264
require the offender to reside in a halfway house or other	22265
suitable community residential center that is designated by the	22266
court and that has been licensed by the division pursuant to	22267
division (C) of this section during a part or for the entire	22268
period of the offender's residential sanction.	22269

(B) The division of parole and community services may	22270
negotiate and enter into agreements with any public or private	22271
agency or a department or political subdivision of the state that	22272
operates a halfway house, reentry center, or community residential	22273
center that has been licensed by the division pursuant to division	22274
(C) of this section. An agreement under this division shall	22275
provide for the purchase of beds, shall set limits of supervision	22276
and levels of occupancy, and shall determine the scope of services	22277
for all eligible offenders, including those subject to a	22278
residential sanction, as defined in rules adopted by the director	22279
of rehabilitation and correction in accordance with Chapter 119.	22280
of the Revised Code, or those released from prison without	22281
supervision. The payments for beds and services shall not exceed	22282
the total operating costs of the halfway house, reentry center, or	22283
community residential center during the term of an agreement. The	22284
director of rehabilitation and correction shall adopt rules in	22285
accordance with Chapter 119. of the Revised Code for determining	22286
includable and excludable costs and income to be used in computing	22287
the agency's average daily per capita costs with its facility at	22288
full occupancy.	22289

The ~~department~~director of rehabilitation and correction ~~may~~	22290
shall adopt rules providing for the use of no more than ~~ten~~	22291
fifteen per cent of the amount appropriated to the department each	22292
fiscal year for the halfway house, reentry center, and community	22293
residential center program to pay for contracts with licensed	22294
halfway houses for nonresidential services for offenders under the	22295
supervision of the adult parole authority, including but not	22296
limited to, offenders supervised pursuant to an agreement entered	22297
into by the adult parole authority and a court of common pleas	22298
under section 2301.32 of the Revised Code. The nonresidential	22299
services may include, but are not limited to, treatment for	22300
substance abuse, mental health counseling, counseling for sex	22301
offenders, ~~and~~ electronic monitoring services, aftercare, and	22302
other nonresidential services that the director identifies by	22303
rule.	22304

(C) The division of parole and community services may license	22305
a halfway house, reentry center, or community residential center	22306
as a suitable facility for the care and treatment of adult	22307
offenders, including offenders sentenced under section 2929.16 or	22308
2929.26 of the Revised Code, only if the halfway house, reentry	22309
center, or community residential center complies with the	22310
standards that the division adopts in accordance with Chapter 119.	22311
of the Revised Code for the licensure of halfway houses, reentry	22312
centers, and community residential centers. The division shall	22313
annually inspect each licensed halfway house, licensed reentry	22314
center, and licensed community residential center to determine if	22315
it is in compliance with the licensure standards.	22316

Sec. 2967.19. (A) As used in this section:

22317

(1) "Deadly weapon" and "dangerous ordnance" have the same	22318
meanings as in section 2923.11 of the Revised Code.	22319

(2) "Disqualifying prison term" means any of the following:

22320

(a) A prison term imposed for aggravated murder, murder,	22321
voluntary manslaughter, involuntary manslaughter, felonious	22322
assault, kidnapping, rape, aggravated arson, aggravated burglary,	22323
or aggravated robbery;	22324

(b) A prison term imposed for complicity in, an attempt to	22325
commit, or conspiracy to commit any offense listed in division	22326
(A)(2)(a) of this section;	22327

(c) A prison term of life imprisonment, including any term of	22328
life imprisonment that has parole eligibility;	22329

(d) A prison term imposed for any felony other than carrying	22330
a concealed weapon an essential element of which is any conduct or	22331
failure to act expressly involving any deadly weapon or dangerous	22332
ordnance;	22333

(e) A prison term imposed for any violation of section	22334
2925.03 of the Revised Code that is a felony of the first or	22335
second degree;	22336

(f) A prison term imposed for engaging in a pattern of	22337
corrupt activity in violation of section 2923.32 of the Revised	22338
Code;	22339

(g) A prison term imposed pursuant to section 2971.03 of the	22340
Revised Code;	22341

(h) A prison term imposed for any sexually oriented offense.

22342

(3) "Eligible prison term" means any prison term that is not	22343
a disqualifying prison term and is not a restricting prison term.	22344

(4) "Restricting prison term" means any of the following:

22345

(a) A mandatory prison term imposed under division	22346
~~(D)~~(B)(1)(a), ~~(D)~~(B)(1)(c), ~~(D)~~(B)(1)(f), ~~(D)~~(B)(1)(g),	22347
~~(D)~~(B)(2), or ~~(D)~~(B)(7) of section 2929.14 of the Revised Code for	22348
a specification of the type described in that division;	22349

(b) In the case of an offender who has been sentenced to a	22350
mandatory prison term for a specification of the type described in	22351
division (A)(4)(a) of this section, the prison term imposed for	22352
the felony offense for which the specification was stated at the	22353
end of the body of the indictment, count in the indictment, or	22354
information charging the offense;	22355

22356

(d) A prison term imposed for any offense that is described	22357
in division (A)(4)(d)(i) of this section if division (A)(4)(d)(ii)	22358
of this section applies to the offender:	22359

(i) The offense is a felony of the first or second degree	22360
that is an offense of violence and that is not described in	22361
division (A)(2)(a) or (b) of this section, an attempt to commit a	22362
felony of the first or second degree that is an offense of	22363
violence and that is not described in division (A)(2)(a) or (b) of	22364
this section if the attempt is a felony of the first or second	22365
degree, or an offense under an existing or former law of this	22366
state, another state, or the United States that is or was	22367
substantially equivalent to any other offense described in this	22368
division.	22369

(ii) The offender previously was convicted of or pleaded	22370
guilty to any offense listed in division (A)(2) or (A)(4)(d)(i) of	22371
this section.	22372

(5) "Sexually oriented offense" has the same meaning as in	22373
section 2950.01 of the Revised Code.	22374

(B) The director of the department of rehabilitation and	22375
correction may ~~petition~~recommend in writing to the sentencing	22376
court ~~for the release~~that the court consider releasing from	22377
prison of any offender who, on or after September 30, 2011, is	22378
confined in a state correctional institution ~~under~~, who is serving	22379
a stated prison term of one year or more, and who is eligible	22380
under division (C) of this section for a release under this	22381
section ~~and who has served at least eighty per cent of that stated~~	22382
~~prison term that remains to be served after the offender becomes~~	22383
~~eligible as described in that division~~. If the director wishes to	22384
~~submit a petition for release~~recommend that the sentencing court	22385
consider releasing an offender under this section, the director	22386
shall ~~submit the petition~~notify the sentencing court in writing	22387
of the offender's eligibility not earlier than ninety days prior	22388
to the date on which the offender ~~has served eighty per cent of~~	22389
~~the offender's stated prison term that remains to be served after~~	22390
~~the offender~~ becomes eligible as described in division (C) of this	22391
section. The director's submission of ~~a petition for release under~~	22392
~~this section~~the written notice constitutes a recommendation by	22393
the director that the court strongly consider release of the	22394
offender consistent with the purposes and principles of sentencing	22395
set forth in sections 2929.11 and 2929.13 of the Revised Code.	22396
Only an offender recommended by the director under division (B) of	22397
this section may be considered for early release under this	22398
section.	22399

(C)(1) An offender serving a stated prison term of one year	22400
or more and who has commenced service of that stated prison term	22401
becomes eligible for release from prison under this section only	22402
as described in this division. An offender serving a stated prison	22403
term that includes a disqualifying prison term is not eligible for	22404
release from prison under this section. An offender serving a	22405
stated prison term that consists solely of one or more restricting	22406
prison terms is not eligible for release under this section. An	22407
offender serving a stated prison term of one year or more that	22408
includes one or more restricting prison terms and one or more	22409
eligible prison terms becomes eligible for release under this	22410
section after having fully served ~~each~~all restricting prison ~~term~~	22411
terms and having served eighty per cent of the stated prison term	22412
that remains to be served after all restricting prison terms have	22413
been fully served. An offender serving a stated prison term that	22414
consists solely of one or more eligible prison terms becomes	22415
eligible for release under this section ~~upon the offender's~~	22416
~~commencement of service~~after having served eighty per cent of	22417
that stated prison term. ~~After an offender becomes eligible for~~	22418
~~release under this section, the director of rehabilitation and~~	22419
~~correction may petition for the release of the offender under~~	22420
~~division (C)(2) of this section no earlier than ninety days before~~	22421
~~the offender has served the portion of the offender's stated~~	22422
~~prison term specified in that division.~~ For purposes of	22423
determining an offender's eligibility for release under this	22424
section, if the offender's stated prison term includes consecutive	22425
prison terms, any restricting prison terms shall be deemed served	22426
prior to any eligible prison terms that run consecutively to the	22427
restricting prison terms, and the eligible prison terms are deemed	22428
to commence after all of the restricting prison terms have been	22429
fully served.	22430

An offender serving a stated prison term ~~one~~of one year or	22431
more that includes a mandatory prison term that is not a	22432
disqualifying prison term and is not a restricting prison term is	22433
not automatically ineligible as a result of the offender's service	22434
of that mandatory term for release from prison under this section,	22435
and the offender's eligibility for release from prison under this	22436
section is determined in accordance with this division.	22437

(2) If an offender confined in a state correctional	22438
institution under a stated prison term is eligible for release	22439
under this section as described in division (C)(1) of this	22440
section, the director of the department of rehabilitation and	22441
correction may ~~petition~~recommend in writing that the sentencing	22442
court ~~pursuant to division (B) of this section for the release~~	22443
consider releasing the offender from prison ~~of the offender~~under	22444
this section by submitting to the sentencing court the written	22445
notice described in division (B) of this section.	22446

(D) The director shall include with any ~~petition~~notice	22447
submitted to the sentencing court under division (B) of this	22448
section an institutional summary report that covers the offender's	22449
participation while confined in a state correctional institution	22450
in school, training, work, treatment, and other rehabilitative	22451
activities and any disciplinary action taken against the offender	22452
while so confined. The director shall include with the ~~petition a~~	22453
~~post-release control assessment and placement plan, when relevant,~~	22454
~~and~~notice any other documentation requested by the court, if	22455
available.	22456

(E) When the director submits a ~~petition~~written notice to a	22457
sentencing court that an offender is eligible to be considered for	22458
early release under this section ~~for release of an offender~~, the	22459
department promptly shall provide to the prosecuting attorney of	22460
the county in which the offender was indicted a copy of the	22461
~~petition~~written notice, a copy of the institutional summary	22462
report, and any other information provided to the court. The	22463
department also promptly shall give written notice of the ~~filing~~	22464
~~of the petition~~submission to any victim of the offender or	22465
victim's representative of any victim of the offender who is	22466
registered with the office of victim's services.	22467

The department also shall post a copy of the written notice	22468
~~of the petition~~ on the database it maintains under section 5120.66	22469
of the Revised Code and include information on where a person may	22470
send comments regarding the ~~petition~~recommendation of early	22471
release.	22472

The information provided to the court, the prosecutor, and	22473
the victim or victim's representative under divisions (D) and (E)	22474
of this section shall include the name and contact information of	22475
a specific department of rehabilitation and correction employee	22476
who is available to answer questions about the offender who is the	22477
subject of the written notice submitted by the director,	22478
including, but not limited to, the offender's institutional	22479
conduct and rehabilitative activities while incarcerated.	22480

(F) Upon receipt of a ~~petition for release of an offender~~	22481
written notice submitted by the director under division (B) of	22482
this section, the court ~~may deny the petition without~~either	22483
shall, on its own motion, schedule a hearing to consider releasing	22484
the offender who is the subject of the notice or shall inform the	22485
department that it will not be conducting a hearing relative to	22486
the offender. The court shall not grant ~~a petition for~~an early	22487
release ofto an offender without holding a hearing. If a court	22488
~~denies a petition for release of an offender without~~declines to	22489
hold a hearing relative to an offender with respect to a written	22490
notice submitted by the director, the court may later consider	22491
release of that offender under this section on ~~a subsequent~~	22492
~~petition. The court shall enter its ruling within~~its own motion	22493
by scheduling a hearing for that purpose. Within thirty days after	22494
the ~~petition~~written notice is ~~filed~~submitted, the court shall	22495
inform the department whether or not the court is scheduling a	22496
hearing on the offender who is the subject of the notice.	22497

(G) If the court ~~grants~~schedules a hearing onupon receiving	22498
a ~~petition for release of an offender~~written notice submitted	22499
under division (B) of this section or upon its own motion under	22500
division (F) of this section, the court shall notify the head of	22501
the state correctional institution in which the offender is	22502
confined of the hearing prior to the hearing. If the court makes a	22503
journal entry ordering the offender to be conveyed to the hearing,	22504
except as otherwise provided in this division, the head of the	22505
correctional institution shall deliver the offender to the sheriff	22506
of the county in which the hearing is to be held, and the sheriff	22507
shall convey the offender to and from the hearing. Upon the	22508
court's own motion or the motion of the offender or the	22509
prosecuting attorney of the county in which the offender was	22510
indicted, the court may permit the offender to appear at the	22511
hearing by video conferencing equipment if equipment of that	22512
nature is available and compatible.	22513

Upon receipt of notice from a court of a hearing on the	22514
release of an offender under this division, the head of the state	22515
correctional institution in which the offender is confined	22516
immediately shall notify the appropriate person at the department	22517
of rehabilitation and correction of the hearing, and the	22518
department within twenty-four hours after receipt of the notice	22519
shall post on the database it maintains pursuant to section	22520
5120.66 of the Revised Code the offender's name and all of the	22521
information specified in division (A)(1)(c)(i) of that section. If	22522
the court ~~grants~~schedules a hearing ~~on a petition for release of~~	22523
~~an offender~~ under this section, the court promptly shall give	22524
notice of the hearing to the prosecuting attorney of the county in	22525
which the offender was indicted. Upon receipt of the notice from	22526
the court, the prosecuting attorney shall notify pursuant to	22527
section 2930.16 of the Revised Code any victim of the offender or	22528
the victim's representative of the hearing.	22529

(H) If the court ~~grants~~schedules a hearing ~~on a petition for~~	22530
~~release of an offender~~ under this section, at the hearing, the	22531
court shall afford the offender and the offender's attorney an	22532
opportunity to present written information and, if present, oral	22533
information relevant to the ~~motion~~offender's early release. The	22534
court shall afford a similar opportunity to the prosecuting	22535
attorney, victim or victim's representative, as defined in section	22536
2930.01 of the Revised Code, and any other person the court	22537
determines is likely to present additional relevant information.	22538
If the court pursuant to division (G) of this section permits the	22539
offender to appear at the hearing by video conferencing equipment,	22540
the offender's opportunity to present oral information shall be as	22541
a part of the video conferencing. The court shall consider any	22542
statement of a victim made under section 2930.14 or 2930.17 of the	22543
Revised Code, any victim impact statement prepared under section	22544
2947.051 of the Revised Code, and any report~~, plan,~~ and other	22545
documentation submitted by the director under division (D) of this	22546
section. After ruling on ~~the motion~~whether to grant the offender	22547
early release, the court shall notify the victim in accordance	22548
with sections 2930.03 and 2930.16 of the Revised Code.	22549

(I) If the court grants ~~a petition for release of~~ an offender	22550
early release under this section, it shall order the release of	22551
the offender, shall place the offender under one or more	22552
appropriate community control sanctions, under appropriate	22553
conditions, and under the supervision of the department of	22554
probation that serves the court, and shall reserve the right to	22555
reimpose the sentence that it reduced and from which the offender	22556
was released if the offender violates the sanction. The court	22557
shall not make a release under this section effective prior to the	22558
date on which the offender ~~has served at least eighty per cent of~~	22559
~~the offender's stated prison term that remains to be served after~~	22560
~~the offender~~ becomes eligible as described in division (C) of this	22561
section. If the sentence under which the offender is confined in a	22562
state correctional institution and from which the offender is	22563
being released was imposed for a felony of the first or second	22564
degree, the court shall consider ordering that the offender be	22565
monitored by means of a global positioning device. If the court	22566
reimposes the sentence that it reduced and from which the offender	22567
was released and if the violation of the sanction is a new	22568
offense, the court may order that the reimposed sentence be served	22569
either concurrently with, or consecutive to, any new sentence	22570
imposed upon the offender as a result of the violation that is a	22571
new offense. The period of all community control sanctions imposed	22572
under this division shall not exceed five years. The court, in its	22573
discretion, may reduce the period of community control sanctions	22574
by the amount of time the offender spent in jail or prison for the	22575
offense.	22576

If the court grants ~~a petition for release of~~ an offender	22577
early release under this section, it shall notify the appropriate	22578
person at the department of rehabilitation and correction of the	22579
release, and the department shall post notice of the release on	22580
the database it maintains pursuant to section 5120.66 of the	22581
Revised Code.	22582

(J) The department shall adopt under Chapter 119. of the	22583
Revised Code any rules necessary to implement this section.	22584

Sec. 2967.191. The department of rehabilitation and	22585
correction shall reduce the stated prison term of a prisoner or,	22586
if the prisoner is serving a term for which there is parole	22587
eligibility, the minimum and maximum term or the parole	22588
eligibility date of the prisoner by the total number of days that	22589
the prisoner was confined for any reason arising out of the	22590
offense for which the prisoner was convicted and sentenced,	22591
including confinement in lieu of bail while awaiting trial,	22592
confinement for examination to determine the prisoner's competence	22593
to stand trial or sanity, and confinement while awaiting	22594
transportation to the place where the prisoner is to serve the	22595
prisoner's prison term, as determined by the sentencing court	22596
under division (B)(2)(h)(i) of section 2929.19 of the Revised	22597
Code. The department of rehabilitation and correction also shall	22598
reduce the stated prison term of a prisoner or, if the prisoner is	22599
serving a term for which there is parole eligibility, the minimum	22600
and maximum term or the parole eligibility date of the prisoner by	22601
the total number of days, if any, that the prisoner previously	22602
served in the custody of the department of rehabilitation and	22603
correction arising out of the offense for which the prisoner was	22604
convicted and sentenced.	22605

Sec. 2967.26. (A)(1) The department of rehabilitation and	22606
correction, by rule, may establish a transitional control program	22607
for the purpose of closely monitoring a prisoner's adjustment to	22608
community supervision during the final one hundred eighty days of	22609
the prisoner's confinement. If the department establishes a	22610
transitional control program under this division, the adult parole	22611
authority may transfer eligible prisoners to transitional control	22612
status under the program during the final one hundred eighty days	22613
of their confinement and under the terms and conditions	22614
established by the department, shall provide for the confinement	22615
as provided in this division of each eligible prisoner so	22616
transferred, and shall supervise each eligible prisoner so	22617
transferred in one or more community control sanctions. Each	22618
eligible prisoner who is transferred to transitional control	22619
status under the program shall be confined in a suitable facility	22620
that is licensed pursuant to division (C) of section 2967.14 of	22621
the Revised Code, or shall be confined in a residence the	22622
department has approved for this purpose and be monitored pursuant	22623
to an electronic monitoring device, as defined in section 2929.01	22624
of the Revised Code. If the department establishes a transitional	22625
control program under this division, the rules establishing the	22626
program shall include criteria that define which prisoners are	22627
eligible for the program, criteria that must be satisfied to be	22628
approved as a residence that may be used for confinement under the	22629
program of a prisoner that is transferred to it and procedures for	22630
the department to approve residences that satisfy those criteria,	22631
and provisions of the type described in division (C) of this	22632
section. At a minimum, the criteria that define which prisoners	22633
are eligible for the program shall provide all of the following:	22634

(a) That a prisoner is eligible for the program if the	22635
prisoner is serving a prison term or term of imprisonment for an	22636
offense committed prior to March 17, 1998, and if, at the time at	22637
which eligibility is being determined, the prisoner would have	22638
been eligible for a furlough under this section as it existed	22639
immediately prior to March 17, 1998, or would have been eligible	22640
for conditional release under former section 2967.23 of the	22641
Revised Code as that section existed immediately prior to March	22642
17, 1998;	22643

(b) That no prisoner who is serving a mandatory prison term	22644
is eligible for the program until after expiration of the	22645
mandatory term;	22646

(c) That no prisoner who is serving a prison term or term of	22647
life imprisonment without parole imposed pursuant to section	22648
2971.03 of the Revised Code is eligible for the program.	22649

(2) At least three weeks prior to transferring to	22650
transitional control under this section a prisoner who is serving	22651
a term of imprisonment or prison term for an offense committed on	22652
or after July 1, 1996, the ~~adult~~division of parole ~~authority~~and	22653
community services of the department of rehabilitation and	22654
correction shall give notice of the pendency of the transfer to	22655
transitional control to the court of common pleas of the county in	22656
which the indictment against the prisoner was found and of the	22657
fact that the court may disapprove the transfer of the prisoner to	22658
transitional control and shall include a report prepared by the	22659
head of the state correctional institution in which the prisoner	22660
is confined. The head of the state correctional institution in	22661
which the prisoner is confined, upon the request of the adult	22662
parole authority, shall provide to the authority for inclusion in	22663
the notice sent to the court under this division a report on the	22664
prisoner's conduct in the institution and in any institution from	22665
which the prisoner may have been transferred. The report shall	22666
cover the prisoner's participation in school, vocational training,	22667
work, treatment, and other rehabilitative activities and any	22668
disciplinary action taken against the prisoner. If the court	22669
disapproves of the transfer of the prisoner to transitional	22670
control, the court shall notify the authority of the disapproval	22671
within thirty days after receipt of the notice. If the court	22672
timely disapproves the transfer of the prisoner to transitional	22673
control, the authority shall not proceed with the transfer. If the	22674
court does not timely disapprove the transfer of the prisoner to	22675
transitional control, the authority may transfer the prisoner to	22676
transitional control.	22677

(3) If the victim of an offense for which a prisoner was	22678
sentenced to a prison term or term of imprisonment has requested	22679
notification under section 2930.16 of the Revised Code and has	22680
provided the department of rehabilitation and correction with the	22681
victim's name and address, the adult parole authority, at least	22682
three weeks prior to transferring the prisoner to transitional	22683
control pursuant to this section, shall notify the victim of the	22684
pendency of the transfer and of the victim's right to submit a	22685
statement to the authority regarding the impact of the transfer of	22686
the prisoner to transitional control. If the victim subsequently	22687
submits a statement of that nature to the authority, the authority	22688
shall consider the statement in deciding whether to transfer the	22689
prisoner to transitional control.	22690

(4) The department of rehabilitation and correction, at least	22691
three weeks prior to transferring a prisoner to transitional	22692
control pursuant to this section, shall post on the database it	22693
maintains pursuant to section 5120.66 of the Revised Code the	22694
prisoner's name and all of the information specified in division	22695
(A)(1)(c)(iv) of that section. In addition to and independent of	22696
the right of a victim to submit a statement as described in	22697
division (A)(3) of this section or to otherwise make a statement	22698
and in addition to and independent of any other right or duty of a	22699
person to present information or make a statement, any person may	22700
send to the adult parole authority at any time prior to the	22701
authority's transfer of the prisoner to transitional control a	22702
written statement regarding the transfer of the prisoner to	22703
transitional control. In addition to the information, reports, and	22704
statements it considers under divisions (A)(2) and (3) of this	22705
section or that it otherwise considers, the authority shall	22706
consider each statement submitted in accordance with this division	22707
in deciding whether to transfer the prisoner to transitional	22708
control.	22709

(B) Each prisoner transferred to transitional control under	22710
this section shall be confined in the manner described in division	22711
(A) of this section during any period of time that the prisoner is	22712
not actually working at the prisoner's approved employment,	22713
engaged in a vocational training or another educational program,	22714
engaged in another program designated by the director, or engaged	22715
in other activities approved by the department.	22716

(C) The department of rehabilitation and correction shall	22717
adopt rules for transferring eligible prisoners to transitional	22718
control, supervising and confining prisoners so transferred,	22719
administering the transitional control program in accordance with	22720
this section, and using the moneys deposited into the transitional	22721
control fund established under division (E) of this section.	22722

(D) The department of rehabilitation and correction may adopt	22723
rules for the issuance of passes for the limited purposes	22724
described in this division to prisoners who are transferred to	22725
transitional control under this section. If the department adopts	22726
rules of that nature, the rules shall govern the granting of the	22727
passes and shall provide for the supervision of prisoners who are	22728
temporarily released pursuant to one of those passes. Upon the	22729
adoption of rules under this division, the department may issue	22730
passes to prisoners who are transferred to transitional control	22731
status under this section in accordance with the rules and the	22732
provisions of this division. All passes issued under this division	22733
shall be for a maximum of forty-eight hours and may be issued only	22734
for the following purposes:	22735

(1) To visit a relative in imminent danger of death;

22736

(2) To have a private viewing of the body of a deceased	22737
relative;	22738

(3) To visit with family;

22739

(4) To otherwise aid in the rehabilitation of the prisoner.

22740

(E) The adult parole authority may require a prisoner who is	22741
transferred to transitional control to pay to the division of	22742
parole and community services the reasonable expenses incurred by	22743
the division in supervising or confining the prisoner while under	22744
transitional control. Inability to pay those reasonable expenses	22745
shall not be grounds for refusing to transfer an otherwise	22746
eligible prisoner to transitional control. Amounts received by the	22747
division of parole and community services under this division	22748
shall be deposited into the transitional control fund, which is	22749
hereby created in the state treasury and which hereby replaces and	22750
succeeds the furlough services fund that formerly existed in the	22751
state treasury. All moneys that remain in the furlough services	22752
fund on March 17, 1998, shall be transferred on that date to the	22753
transitional control fund. The transitional control fund shall be	22754
used solely to pay costs related to the operation of the	22755
transitional control program established under this section. The	22756
director of rehabilitation and correction shall adopt rules in	22757
accordance with section 111.15 of the Revised Code for the use of	22758
the fund.	22759

(F) A prisoner who violates any rule established by the	22760
department of rehabilitation and correction under division (A),	22761
(C), or (D) of this section may be transferred to a state	22762
correctional institution pursuant to rules adopted under division	22763
(A), (C), or (D) of this section, but the prisoner shall receive	22764
credit towards completing the prisoner's sentence for the time	22765
spent under transitional control.	22766

If a prisoner is transferred to transitional control under	22767
this section, upon successful completion of the period of	22768
transitional control, the prisoner may be released on parole or	22769
under post-release control pursuant to section 2967.13 or 2967.28	22770
of the Revised Code and rules adopted by the department of	22771
rehabilitation and correction. If the prisoner is released under	22772
post-release control, the duration of the post-release control,	22773
the type of post-release control sanctions that may be imposed,	22774
the enforcement of the sanctions, and the treatment of prisoners	22775
who violate any sanction applicable to the prisoner are governed	22776
by section 2967.28 of the Revised Code.	22777

Sec. 2967.28. (A) As used in this section:

22778

(1) "Monitored time" means the monitored time sanction	22779
specified in section 2929.17 of the Revised Code.	22780

(2) "Deadly weapon" and "dangerous ordnance" have the same	22781
meanings as in section 2923.11 of the Revised Code.	22782

(3) "Felony sex offense" means a violation of a section	22783
contained in Chapter 2907. of the Revised Code that is a felony.	22784

(4) "Risk reduction sentence" means a prison term imposed by	22785
a court, when the court recommends pursuant to section 2929.143 of	22786
the Revised Code that the offender serve the sentence under	22787
section 5120.036 of the Revised Code, and the offender may	22788
potentially be released from imprisonment prior to the expiration	22789
of the prison term if the offender successfully completes all	22790
assessment and treatment or programming required by the department	22791
of rehabilitation and correction under section 5120.036 of the	22792
Revised Code.	22793

(B) Each sentence to a prison term for a felony of the first	22794
degree, for a felony of the second degree, for a felony sex	22795
offense, or for a felony of the third degree that is not a felony	22796
sex offense and in the commission of which the offender caused or	22797
threatened to cause physical harm to a person shall include a	22798
requirement that the offender be subject to a period of	22799
post-release control imposed by the parole board after the	22800
offender's release from imprisonment. This division applies with	22801
respect to all prison terms of a type described in this division,	22802
including a term of any such type that is a risk reduction	22803
sentence. If a court imposes a sentence including a prison term of	22804
a type described in this division on or after July 11, 2006, the	22805
failure of a sentencing court to notify the offender pursuant to	22806
division (B)(2)(c) of section 2929.19 of the Revised Code of this	22807
requirement or to include in the judgment of conviction entered on	22808
the journal a statement that the offender's sentence includes this	22809
requirement does not negate, limit, or otherwise affect the	22810
mandatory period of supervision that is required for the offender	22811
under this division. Section 2929.191 of the Revised Code applies	22812
if, prior to July 11, 2006, a court imposed a sentence including a	22813
prison term of a type described in this division and failed to	22814
notify the offender pursuant to division (B)(2)(c) of section	22815
2929.19 of the Revised Code regarding post-release control or to	22816
include in the judgment of conviction entered on the journal or in	22817
the sentence pursuant to division (D)(1) of section 2929.14 of the	22818
Revised Code a statement regarding post-release control. Unless	22819
reduced by the parole board pursuant to division (D) of this	22820
section when authorized under that division, a period of	22821
post-release control required by this division for an offender	22822
shall be of one of the following periods:	22823

(1) For a felony of the first degree or for a felony sex	22824
offense, five years;	22825

(2) For a felony of the second degree that is not a felony	22826
sex offense, three years;	22827

(3) For a felony of the third degree that is not a felony sex	22828
offense and in the commission of which the offender caused or	22829
threatened physical harm to a person, three years.	22830

(C) Any sentence to a prison term for a felony of the third,	22831
fourth, or fifth degree that is not subject to division (B)(1) or	22832
(3) of this section shall include a requirement that the offender	22833
be subject to a period of post-release control of up to three	22834
years after the offender's release from imprisonment, if the	22835
parole board, in accordance with division (D) of this section,	22836
determines that a period of post-release control is necessary for	22837
that offender. This division applies with respect to all prison	22838
terms of a type described in this division, including a term of	22839
any such type that is a risk reduction sentence. Section 2929.191	22840
of the Revised Code applies if, prior to July 11, 2006, a court	22841
imposed a sentence including a prison term of a type described in	22842
this division and failed to notify the offender pursuant to	22843
division (B)(2)(d) of section 2929.19 of the Revised Code	22844
regarding post-release control or to include in the judgment of	22845
conviction entered on the journal or in the sentence pursuant to	22846
division (D)(2) of section 2929.14 of the Revised Code a statement	22847
regarding post-release control. Pursuant to an agreement entered	22848
into under section 2967.29 of the Revised Code, a court of common	22849
pleas or parole board may impose sanctions or conditions on an	22850
offender who is placed on post-release control under this	22851
division.	22852

(D)(1) Before the prisoner is released from imprisonment, the	22853
parole board or, pursuant to an agreement under section 2967.29 of	22854
the Revised Code, the court shall impose upon a prisoner described	22855
in division (B) of this section, shall impose upon a prisoner	22856
described in division (C) of this section who is to be released	22857
before the expiration of the prisoner's stated prison term under a	22858
risk reduction sentence, may impose upon a prisoner described in	22859
division (C) of this section who is not to be released before the	22860
expiration of the prisoner's stated prison term under a risk	22861
reduction sentence, and shall impose upon a prisoner described in	22862
division (B)(2)(b) of section 5120.031 or in division (B)(1) of	22863
section 5120.032 of the Revised Code, one or more post-release	22864
control sanctions to apply during the prisoner's period of	22865
post-release control. Whenever the board or court imposes one or	22866
more post-release control sanctions upon a prisoner, the board or	22867
court, in addition to imposing the sanctions, also shall include	22868
as a condition of the post-release control that the offender not	22869
leave the state without permission of the court or the offender's	22870
parole or probation officer and that the offender abide by the	22871
law. The board or court may impose any other conditions of release	22872
under a post-release control sanction that the board or court	22873
considers appropriate, and the conditions of release may include	22874
any community residential sanction, community nonresidential	22875
sanction, or financial sanction that the sentencing court was	22876
authorized to impose pursuant to sections 2929.16, 2929.17, and	22877
2929.18 of the Revised Code. Prior to the release of a prisoner	22878
for whom it will impose one or more post-release control sanctions	22879
under this division, the parole board or court shall review the	22880
prisoner's criminal history, results from the single validated	22881
risk assessment tool selected by the department of rehabilitation	22882
and correction under section 5120.114 of the Revised Code, all	22883
juvenile court adjudications finding the prisoner, while a	22884
juvenile, to be a delinquent child, and the record of the	22885
prisoner's conduct while imprisoned. The parole board or court	22886
shall consider any recommendation regarding post-release control	22887
sanctions for the prisoner made by the office of victims'	22888
services. After considering those materials, the board or court	22889
shall determine, for a prisoner described in division (B) of this	22890
section, division (B)(2)(b) of section 5120.031, or division	22891
(B)(1) of section 5120.032 of the Revised Code and for a prisoner	22892
described in division (C) of this section who is to be released	22893
before the expiration of the prisoner's stated prison term under a	22894
risk reduction sentence, which post-release control sanction or	22895
combination of post-release control sanctions is reasonable under	22896
the circumstances or, for a prisoner described in division (C) of	22897
this section who is not to be released before the expiration of	22898
the prisoner's stated prison term under a risk reduction sentence,	22899
whether a post-release control sanction is necessary and, if so,	22900
which post-release control sanction or combination of post-release	22901
control sanctions is reasonable under the circumstances. In the	22902
case of a prisoner convicted of a felony of the fourth or fifth	22903
degree other than a felony sex offense, the board or court shall	22904
presume that monitored time is the appropriate post-release	22905
control sanction unless the board or court determines that a more	22906
restrictive sanction is warranted. A post-release control sanction	22907
imposed under this division takes effect upon the prisoner's	22908
release from imprisonment.	22909

Regardless of whether the prisoner was sentenced to the	22910
prison term prior to, on, or after July 11, 2006, prior to the	22911
release of a prisoner for whom it will impose one or more	22912
post-release control sanctions under this division, the parole	22913
board shall notify the prisoner that, if the prisoner violates any	22914
sanction so imposed or any condition of post-release control	22915
described in division (B) of section 2967.131 of the Revised Code	22916
that is imposed on the prisoner, the parole board may impose a	22917
prison term of up to one-half of the stated prison term originally	22918
imposed upon the prisoner.	22919

(2) If a prisoner who is placed on post-release control under	22920
this section is released before the expiration of the prisoner's	22921
stated prison term by reason of credit earned under section	22922
2967.193 of the Revised Code and if the prisoner earned sixty or	22923
more days of credit, the adult parole authority shall supervise	22924
the offender with an active global positioning system device for	22925
the first fourteen days after the offender's release from	22926
imprisonment. This division does not prohibit or limit the	22927
imposition of any post-release control sanction otherwise	22928
authorized by this section.	22929

(3) At any time after a prisoner is released from	22930
imprisonment and during the period of post-release control	22931
applicable to the releasee, the adult parole authority or,	22932
pursuant to an agreement under section 2967.29 of the Revised	22933
Code, the court may review the releasee's behavior under the	22934
post-release control sanctions imposed upon the releasee under	22935
this section. The authority or court may determine, based upon the	22936
review and in accordance with the standards established under	22937
division (E) of this section, that a more restrictive or a less	22938
restrictive sanction is appropriate and may impose a different	22939
sanction. The authority also may recommend that the parole board	22940
or court increase or reduce the duration of the period of	22941
post-release control imposed by the court. If the authority	22942
recommends that the board or court increase the duration of	22943
post-release control, the board or court shall review the	22944
releasee's behavior and may increase the duration of the period of	22945
post-release control imposed by the court up to eight years. If	22946
the authority recommends that the board or court reduce the	22947
duration of control for an offense described in division (B) or	22948
(C) of this section, the board or court shall review the	22949
releasee's behavior and may reduce the duration of the period of	22950
control imposed by the court. In no case shall the board or court	22951
reduce the duration of the period of control imposed for an	22952
offense described in division (B)(1) of this section to a period	22953
less than the length of the stated prison term originally imposed,	22954
and in no case shall the board or court permit the releasee to	22955
leave the state without permission of the court or the releasee's	22956
parole or probation officer.	22957

(E) The department of rehabilitation and correction, in	22958
accordance with Chapter 119. of the Revised Code, shall adopt	22959
rules that do all of the following:	22960

(1) Establish standards for the imposition by the parole	22961
board of post-release control sanctions under this section that	22962
are consistent with the overriding purposes and sentencing	22963
principles set forth in section 2929.11 of the Revised Code and	22964
that are appropriate to the needs of releasees;	22965

(2) Establish standards that provide for a period of	22966
post-release control of up to three years for all prisoners	22967
described in division (C) of this section who are to be released	22968
before the expiration of their stated prison term under a risk	22969
reduction sentence and standards by which the parole board can	22970
determine which prisoners described in division (C) of this	22971
section who are not to be released before the expiration of their	22972
stated prison term under a risk reduction sentence should be	22973
placed under a period of post-release control;	22974

(3) Establish standards to be used by the parole board in	22975
reducing the duration of the period of post-release control	22976
imposed by the court when authorized under division (D) of this	22977
section, in imposing a more restrictive post-release control	22978
sanction than monitored time upon a prisoner convicted of a felony	22979
of the fourth or fifth degree other than a felony sex offense, or	22980
in imposing a less restrictive control sanction upon a releasee	22981
based on the releasee's activities including, but not limited to,	22982
remaining free from criminal activity and from the abuse of	22983
alcohol or other drugs, successfully participating in approved	22984
rehabilitation programs, maintaining employment, and paying	22985
restitution to the victim or meeting the terms of other financial	22986
sanctions;	22987

(4) Establish standards to be used by the adult parole	22988
authority in modifying a releasee's post-release control sanctions	22989
pursuant to division (D)(2) of this section;	22990

(5) Establish standards to be used by the adult parole	22991
authority or parole board in imposing further sanctions under	22992
division (F) of this section on releasees who violate post-release	22993
control sanctions, including standards that do the following:	22994

(a) Classify violations according to the degree of	22995
seriousness;	22996

(b) Define the circumstances under which formal action by the	22997
parole board is warranted;	22998

22999

(d) Ensure procedural due process to an alleged violator;

23000

(e) Prescribe nonresidential community control sanctions for	23001
most misdemeanor and technical violations;	23002

(f) Provide procedures for the return of a releasee to	23003
imprisonment for violations of post-release control.	23004

(F)(1) Whenever the parole board imposes one or more	23005
post-release control sanctions upon an offender under this	23006
section, the offender upon release from imprisonment shall be	23007
under the general jurisdiction of the adult parole authority and	23008
generally shall be supervised by the field services section	23009
through its staff of parole and field officers as described in	23010
section 5149.04 of the Revised Code, as if the offender had been	23011
placed on parole. If the offender upon release from imprisonment	23012
violates the post-release control sanction or any conditions	23013
described in division (A) of section 2967.131 of the Revised Code	23014
that are imposed on the offender, the public or private person or	23015
entity that operates or administers the sanction or the program or	23016
activity that comprises the sanction shall report the violation	23017
directly to the adult parole authority or to the officer of the	23018
authority who supervises the offender. The authority's officers	23019
may treat the offender as if the offender were on parole and in	23020
violation of the parole, and otherwise shall comply with this	23021
section.	23022

(2) If the adult parole authority or, pursuant to an	23023
agreement under section 2967.29 of the Revised Code, the court	23024
determines that a releasee has violated a post-release control	23025
sanction or any conditions described in division (A) of section	23026
2967.131 of the Revised Code imposed upon the releasee and that a	23027
more restrictive sanction is appropriate, the authority or court	23028
may impose a more restrictive sanction upon the releasee, in	23029
accordance with the standards established under division (E) of	23030
this section or in accordance with the agreement made under	23031
section 2967.29 of the Revised Code, or may report the violation	23032
to the parole board for a hearing pursuant to division (F)(3) of	23033
this section. The authority or court may not, pursuant to this	23034
division, increase the duration of the releasee's post-release	23035
control or impose as a post-release control sanction a residential	23036
sanction that includes a prison term, but the authority or court	23037
may impose on the releasee any other residential sanction,	23038
nonresidential sanction, or financial sanction that the sentencing	23039
court was authorized to impose pursuant to sections 2929.16,	23040
2929.17, and 2929.18 of the Revised Code.	23041

(3) The parole board or, pursuant to an agreement under	23042
section 2967.29 of the Revised Code, the court may hold a hearing	23043
on any alleged violation by a releasee of a post-release control	23044
sanction or any conditions described in division (A) of section	23045
2967.131 of the Revised Code that are imposed upon the releasee.	23046
If after the hearing the board or court finds that the releasee	23047
violated the sanction or condition, the board or court may	23048
increase the duration of the releasee's post-release control up to	23049
the maximum duration authorized by division (B) or (C) of this	23050
section or impose a more restrictive post-release control	23051
sanction. When appropriate, the board or court may impose as a	23052
post-release control sanction a residential sanction that includes	23053
a prison term. The board or court shall consider a prison term as	23054
a post-release control sanction imposed for a violation of	23055
post-release control when the violation involves a deadly weapon	23056
or dangerous ordnance, physical harm or attempted serious physical	23057
harm to a person, or sexual misconduct, or when the releasee	23058
committed repeated violations of post-release control sanctions.	23059
Unless a releasee's stated prison term was reduced pursuant to	23060
section 5120.032 of the Revised Code, the period of a prison term	23061
that is imposed as a post-release control sanction under this	23062
division shall not exceed nine months, and the maximum cumulative	23063
prison term for all violations under this division shall not	23064
exceed one-half of the stated prison term originally imposed upon	23065
the offender as part of this sentence. If a releasee's stated	23066
prison term was reduced pursuant to section 5120.032 of the	23067
Revised Code, the period of a prison term that is imposed as a	23068
post-release control sanction under this division and the maximum	23069
cumulative prison term for all violations under this division	23070
shall not exceed the period of time not served in prison under the	23071
sentence imposed by the court. The period of a prison term that is	23072
imposed as a post-release control sanction under this division	23073
shall not count as, or be credited toward, the remaining period of	23074
post-release control.	23075

If an offender is imprisoned for a felony committed while	23076
under post-release control supervision and is again released on	23077
post-release control for a period of time determined by division	23078
(F)(4)(d) of this section, the maximum cumulative prison term for	23079
all violations under this division shall not exceed one-half of	23080
the total stated prison terms of the earlier felony, reduced by	23081
any prison term administratively imposed by the parole board or	23082
court, plus one-half of the total stated prison term of the new	23083
felony.	23084

(4) Any period of post-release control shall commence upon an	23085
offender's actual release from prison. If an offender is serving	23086
an indefinite prison term or a life sentence in addition to a	23087
stated prison term, the offender shall serve the period of	23088
post-release control in the following manner:	23089

(a) If a period of post-release control is imposed upon the	23090
offender and if the offender also is subject to a period of parole	23091
under a life sentence or an indefinite sentence, and if the period	23092
of post-release control ends prior to the period of parole, the	23093
offender shall be supervised on parole. The offender shall receive	23094
credit for post-release control supervision during the period of	23095
parole. The offender is not eligible for final release under	23096
section 2967.16 of the Revised Code until the post-release control	23097
period otherwise would have ended.	23098

(b) If a period of post-release control is imposed upon the	23099
offender and if the offender also is subject to a period of parole	23100
under an indefinite sentence, and if the period of parole ends	23101
prior to the period of post-release control, the offender shall be	23102
supervised on post-release control. The requirements of parole	23103
supervision shall be satisfied during the post-release control	23104
period.	23105

(c) If an offender is subject to more than one period of	23106
post-release control, the period of post-release control for all	23107
of the sentences shall be the period of post-release control that	23108
expires last, as determined by the parole board or court. Periods	23109
of post-release control shall be served concurrently and shall not	23110
be imposed consecutively to each other.	23111

(d) The period of post-release control for a releasee who	23112
commits a felony while under post-release control for an earlier	23113
felony shall be the longer of the period of post-release control	23114
specified for the new felony under division (B) or (C) of this	23115
section or the time remaining under the period of post-release	23116
control imposed for the earlier felony as determined by the parole	23117
board or court.	23118

Sec. 2981.11. (A)(1) Any property that has been lost,	23119
abandoned, stolen, seized pursuant to a search warrant, or	23120
otherwise lawfully seized or forfeited and that is in the custody	23121
of a law enforcement agency shall be kept safely by the agency,	23122
pending the time it no longer is needed as evidence or for another	23123
lawful purpose, and shall be disposed of pursuant to sections	23124
2981.12 and 2981.13 of the Revised Code.	23125

(2) This chapter does not apply to the custody and disposal	23126
of any of the following:	23127

(a) Vehicles subject to forfeiture under Title XLV of the	23128
Revised Code, except as provided in division (A)(6) of section	23129
2981.12 of the Revised Code;	23130

(b) Abandoned junk motor vehicles or other property of	23131
negligible value;	23132

(c) Property held by a department of rehabilitation and	23133
correction institution that is unclaimed, that does not have an	23134
identified owner, that the owner agrees to dispose of, or that is	23135
identified by the department as having little value;	23136

(d) Animals taken, and devices used in unlawfully taking	23137
animals, under section 1531.20 of the Revised Code;	23138

(e) Controlled substances sold by a peace officer in the	23139
performance of the officer's official duties under section	23140
3719.141 of the Revised Code;	23141

(f) Property recovered by a township law enforcement agency	23142
under sections 505.105 to 505.109 of the Revised Code;	23143

(g) Property held and disposed of under an ordinance of the	23144
municipal corporation or under sections 737.29 to 737.33 of the	23145
Revised Code, except that a municipal corporation that has	23146
received notice of a citizens' reward program as provided in	23147
division (F) of section 2981.12 of the Revised Code and disposes	23148
of property under an ordinance shall pay twenty-five per cent of	23149
any moneys acquired from any sale or auction to the citizens'	23150
reward program.	23151

(B)(1) Each law enforcement agency that has custody of any	23152
property that is subject to this section shall adopt and comply	23153
with a written internal control policy that does all of the	23154
following:	23155

(a) Provides for keeping detailed records as to the amount of	23156
property acquired by the agency and the date property was	23157
acquired;	23158

(b) Provides for keeping detailed records of the disposition	23159
of the property, which shall include, but not be limited to, both	23160
of the following:	23161

(i) The manner in which it was disposed, the date of	23162
disposition, detailed financial records concerning any property	23163
sold, and the name of any person who received the property. The	23164
record shall not identify or enable identification of the	23165
individual officer who seized any item of property.	23166

(ii) The general types of expenditures made with amounts that	23167
are gained from the sale of the property and that are retained by	23168
the agency, including the specific amount expended on each general	23169
type of expenditure, except that the policy shall not provide for	23170
or permit the identification of any specific expenditure that is	23171
made in an ongoing investigation.	23172

(c) Complies with section 2981.13 of the Revised Code if the	23173
agency has a law enforcement trust fund or similar fund created	23174
under that section.	23175

(2) ~~Each law enforcement agency that during any calendar year~~	23176
~~has any seized or forfeited property covered by this section in~~	23177
~~its custody, including amounts distributed under section 2981.13~~	23178
~~of the Revised Code to its law enforcement trust fund or a similar~~	23179
~~fund created for the state highway patrol, department of public~~	23180
~~safety, department of taxation, or state board of pharmacy, shall~~	23181
~~prepare a report covering the calendar year that cumulates all of~~	23182
~~the information contained in all of the public records kept by the~~	23183
~~agency pursuant to this section for that calendar year. The agency~~	23184
~~shall send a copy of the cumulative report to the attorney general~~	23185
~~not later than the first day of March in the calendar year~~	23186
~~following the calendar year covered by the report.~~	23187

~~(3)~~ The records kept under the internal control policy shall	23188
be open to public inspection during the agency's regular business	23189
hours. The policy adopted under this section ~~and each report~~	23190
~~received by the attorney general~~ is a public record open for	23191
inspection under section 149.43 of the Revised Code.	23192

~~(4) Not later than the fifteenth day of April in each~~	23193
~~calendar year in which reports are sent to the attorney general~~	23194
~~under division (B)(2) of this section, the attorney general shall~~	23195
~~send to the president of the senate and the speaker of the house~~	23196
~~of representatives a written notice that indicates that the~~	23197
~~attorney general received reports that cover the previous calendar~~	23198
~~year, that the reports are open for inspection under section~~	23199
~~149.43 of the Revised Code, and that the attorney general will~~	23200
~~provide a copy of any or all of the reports to the president of~~	23201
~~the senate or the speaker of the house of representatives upon~~	23202
~~request.~~	23203

(C) A law enforcement agency with custody of property to be	23204
disposed of under section 2981.12 or 2981.13 of the Revised Code	23205
shall make a reasonable effort to locate persons entitled to	23206
possession of the property, to notify them of when and where it	23207
may be claimed, and to return the property to them at the earliest	23208
possible time. In the absence of evidence identifying persons	23209
entitled to possession, it is sufficient notice to advertise in a	23210
newspaper of general circulation in the county and to briefly	23211
describe the nature of the property in custody and inviting	23212
persons to view and establish their right to it.	23213

(D) As used in sections 2981.11 to 2981.13 of the Revised	23214
Code:	23215

(1) "Citizens' reward program" has the same meaning as in	23216
section 9.92 of the Revised Code.	23217

(2) "Law enforcement agency" includes correctional	23218
institutions.	23219

(3) "Township law enforcement agency" means an organized	23220
police department of a township, a township police district, a	23221
joint police district, or the office of a township constable.	23222

Sec. 2981.14. (A) Nothing in this chapter precludes the head	23223
of a law enforcement agency that seizes property from seeking	23224
forfeiture under federal law. If the property is forfeitable under	23225
this chapter and federal forfeiture is not sought, the property is	23226
subject only to this chapter.	23227

(B) Any law enforcement agency that receives moneys from a	23228
sale of forfeited property under federal law shall deposit, use,	23229
and account for the amounts, including any interest derived, in	23230
accordance with applicable federal law. If the state highway	23231
patrol or the investigative unit of the department of public	23232
safety receives such federal forfeiture moneys, the appropriate	23233
official shall deposit all interest or other earnings derived from	23234
the investment of the moneys into the ~~contraband, forfeiture, and~~	23235
~~other fund of the~~ highway patrol treasury contraband fund, the	23236
highway patrol justice contraband fund, the investigative unit	23237
treasury contraband fund, or the ~~department~~investigative unit	23238
justice contraband fund, whichever is appropriate.	23239

(C) There is hereby created in the state treasury the highway	23240
patrol treasury contraband fund, the highway patrol justice	23241
contraband fund, the investigative unit treasury contraband fund,	23242
and the investigative unit justice contraband fund. Each fund	23243
shall consist of moneys received under division (B) of this	23244
section and shall be used in accordance with any federal or other	23245
requirements associated with moneys received.	23246

Sec. 3109.14. (A) As used in this section, "birth record"	23247
and "certification of birth" have the meanings given in section	23248
3705.01 of the Revised Code.	23249

(B)(1) The director of health, a person authorized by the	23250
director, a local commissioner of health, or a local registrar of	23251
vital statistics shall charge and collect a fee for each certified	23252
copy of a birth record, for each certification of birth, and for	23253
each copy of a death record. The fee shall be three dollars. The	23254
fee is in addition to the fee imposed by section 3705.24 or any	23255
other section of the Revised Code. A local commissioner of health	23256
or a local registrar of vital statistics may retain an amount of	23257
each additional fee collected, not to exceed three per cent of the	23258
amount of the additional fee, to be used for costs directly	23259
related to the collection of the fee and the forwarding of the fee	23260
to the ~~treasurer of state~~department of health. ~~The~~	23261

The additional fees collected by the director of health or a	23262
person authorized by the director and the additional fees	23263
collected, but not retained~~, under division (B)(1) of this section~~	23264
by a local commissioner of health or a local registrar of vital	23265
statistics shall be forwarded to the ~~treasurer of state~~department	23266
of health not later than thirty days following the end of each	23267
quarter. Not later than two days after the fees are forwarded to	23268
the department each quarter, the department shall pay the	23269
collected fees to the treasurer of state in accordance with rules	23270
adopted by the treasurer of state under section 113.08 of the	23271
Revised Code.	23272

(2) Upon the filing for a divorce decree under section	23273
3105.10 or a decree of dissolution under section 3105.65 of the	23274
Revised Code, a court of common pleas shall charge and collect a	23275
fee. The fee shall be eleven dollars. The fee is in addition to	23276
any other court costs or fees. The county clerk of courts may	23277
retain an amount of each additional fee collected, not to exceed	23278
three per cent of the amount of the additional fee, to be used for	23279
costs directly related to the collection of the fee and the	23280
forwarding of the fee to the treasurer of state. The additional	23281
fees collected, but not retained, under division (B)(2) of this	23282
section shall be forwarded to the treasurer of state not later	23283
than twenty days following the end of each month.	23284

(C) The treasurer of state shall deposit the fees paid or	23285
forwarded under this section in the state treasury to the credit	23286
of the children's trust fund, which is hereby created. A person or	23287
government entity that fails to forward the fees in a timely	23288
manner, as determined by the treasurer of state, shall ~~forward~~	23289
send to the treasurer of state, in addition to the fees, a penalty	23290
equal to ten per cent of the fees.	23291

The treasurer of state shall invest the moneys in the fund,	23292
and all earnings resulting from investment of the fund shall be	23293
credited to the fund, except that actual administrative costs	23294
incurred by the treasurer of state in administering the fund may	23295
be deducted from the earnings resulting from investments. The	23296
amount that may be deducted shall not exceed three per cent of the	23297
total amount of fees credited to the fund in each fiscal year,	23298
except that the children's trust fund board may approve an amount	23299
for actual administrative costs exceeding three per cent but not	23300
exceeding four per cent of such amount. The balance of the	23301
investment earnings shall be credited to the fund. Moneys credited	23302
to the fund shall be used only for the purposes described in	23303
sections 3109.13 to 3109.18 of the Revised Code.	23304

Sec. 3125.41. (A) As used in this section:

23305

(1) "Cable television service" has the same meaning as in	23306
section 2913.01 of the Revised Code.	23307

(2) "Public utility" means a person or entity, including an	23308
entity owned or operated by a municipal corporation or other	23309
government entity, that is described in ~~division (A) of~~ section	23310
4905.03 of the Revised Code as a telephone company, electric light	23311
company, gas company, natural gas company, water-works company,	23312
heating or cooling company, or sewage disposal system company, or	23313
that is providing cable television service.	23314

(B) Except as provided in section 3125.43 of the Revised	23315
Code, the office of child support shall have access to all of the	23316
following unless release of the information is prohibited by	23317
federal or state law:	23318

(1) Any information in the possession of any officer or	23319
entity of the state or any political subdivision of the state that	23320
would aid the office in locating an absent parent or child	23321
pursuant to section 3125.06 of the Revised Code;	23322

(2) Any information concerning the employment, compensation,	23323
and benefits of any obligor or obligee subject to a support order	23324
in the possession of any person;	23325

(3) The name and address of any obligor or obligee subject to	23326
a support order and the obligor's or obligee's employer in the	23327
customer records of a public utility.	23328

Sec. 3301.55. (A) A school district, county DD board, or	23329
eligible nonpublic school operating a preschool program shall	23330
house the program in buildings that meet the following	23331
requirements:	23332

(1) The building is operated by the district, county DD	23333
board, or eligible nonpublic school and has been approved by the	23334
division of ~~labor~~industrial compliance in the department of	23335
commerce or a certified municipal, township, or county building	23336
department for the purpose of operating a program for preschool	23337
children. Any such structure shall be constructed, equipped,	23338
repaired, altered, and maintained in accordance with applicable	23339
provisions of Chapters 3781. and 3791. and with rules adopted by	23340
the board of building standards under Chapter 3781. of the Revised	23341
Code for the safety and sanitation of structures erected for this	23342
purpose.	23343

(2) The building is in compliance with fire and safety laws	23344
and regulations as evidenced by reports of annual school fire and	23345
safety inspections as conducted by appropriate local authorities.	23346

(3) The school is in compliance with rules established by the	23347
state board of education regarding school food services.	23348

(4) The facility includes not less than thirty-five square	23349
feet of indoor space for each child in the program. Safe play	23350
space, including both indoor and outdoor play space, totaling not	23351
less than sixty square feet for each child using the space at any	23352
one time, shall be regularly available and scheduled for use.	23353

(5) First aid facilities and space for temporary placement or	23354
isolation of injured or ill children are provided.	23355

(B) Each school district, county DD board, or eligible	23356
nonpublic school that operates, or proposes to operate, a	23357
preschool program shall submit a building plan including all	23358
information specified by the state board of education to the board	23359
not later than the first day of September of the school year in	23360
which the program is to be initiated. The board shall determine	23361
whether the buildings meet the requirements of this section and	23362
section 3301.53 of the Revised Code, and notify the superintendent	23363
of its determination. If the board determines, on the basis of the	23364
building plan or any other information, that the buildings do not	23365
meet those requirements, it shall cause the buildings to be	23366
inspected by the department of education. The department shall	23367
make a report to the superintendent specifying any aspects of the	23368
building that are not in compliance with the requirements of this	23369
section and section 3301.53 of the Revised Code and the time	23370
period that will be allowed the district, county DD board, or	23371
school to meet the requirements.	23372

Sec. 3304.16. In carrying out the purposes of sections	23373
3304.11 to 3304.27 of the Revised Code, the rehabilitation	23374
services commission:	23375

(A) Shall develop all necessary rules, including rules	23376
establishing a fee schedule for vocational rehabilitation services	23377
in accordance with 34 C.F.R. 361.50;	23378

(B) Shall prepare and submit to the governor annual reports	23379
of activities and expenditures and, prior to each first regular	23380
session of the general assembly, an estimate of sums required to	23381
carry out the commission's responsibilities;	23382

(C) Shall certify any disbursement of funds available to the	23383
commission for vocational rehabilitation activities;	23384

(D) Shall serve as the sole state agency designated to	23385
administer the plan under the "Rehabilitation Act of 1973," 87	23386
Stat. 355, 29 U.S.C. 701, as amended;	23387

(E) Shall take appropriate action to guarantee rights of and	23388
services to handicapped persons;	23389

(F) Shall consult with and advise other state agencies to	23390
assist them in meeting the needs of handicapped persons more	23391
effectively and to achieve maximum coordination among programs for	23392
the handicapped;	23393

(G) Shall establish an administrative division of consumer	23394
affairs and advocacy within the commission to promote and help	23395
guarantee the rights of handicapped persons;	23396

(H) Shall maintain an inventory of state services that are	23397
available to handicapped persons;	23398

(I) Shall utilize, support, assist, and cooperate with the	23399
governor's committee on employment of the handicapped;	23400

(J) May delegate to any officer or employee of the commission	23401
any necessary powers and duties;	23402

(K) May take any other necessary or appropriate action for	23403
cooperation with public and private agencies and organizations	23404
which may include:	23405

(1) Reciprocal agreements with other states to provide for	23406
the vocational rehabilitation of individuals within the states	23407
concerned;	23408

(2) Contracts or other arrangements with public and other	23409
nonprofit agencies and organizations for the construction or	23410
establishment and operation of vocational rehabilitation programs	23411
and facilities;	23412

(3) Cooperative arrangements with the federal government for	23413
carrying out sections 3304.11 to 3304.27 of the Revised Code, the	23414
"Vocational Rehabilitation Act," 41 Stat. 735 (1920), 29 U.S.C.	23415
31, as amended, or other federal statutes pertaining to vocational	23416
rehabilitation, and to this end, may adopt plans and methods of	23417
administration found necessary by the federal government for the	23418
efficient operation of any joint arrangements or the efficient	23419
application of any federal statutes;	23420

(4) Upon the designation of the governor, performing	23421
functions and services for the federal government relating to	23422
individuals under a physical or mental disability.	23423

(L) ~~Shall comply with~~May take any ~~requirements~~appropriate	23424
action necessary to obtain federal funds in the maximum amount and	23425
most advantageous proportion possible.;	23426

(M) May conduct research and demonstration projects,	23427
including inquiries concerning the causes of blindness and its	23428
prevention, provide training and instruction, including the	23429
establishment and maintenance of research fellowships and	23430
traineeships along with all necessary stipends and allowances,	23431
disseminate information, and provide technical assistance relating	23432
to vocational rehabilitation;	23433

(N) May plan, establish, and operate programs, facilities,	23434
and services relating to vocational rehabilitation;	23435

(O) May accept and hold, invest, reinvest, or otherwise use	23436
gifts made for the purpose of furthering vocational	23437
rehabilitation;	23438

(P) May ameliorate the condition of the aged blind or other	23439
severely disabled individuals by establishing a program of home	23440
visitation by commission employees for the purpose of instruction;	23441

(Q) May establish and manage small business enterprises that	23442
are operated by persons with a substantial handicap to employment,	23443
including blind persons;	23444

(R) May purchase from insurance companies licensed to do	23445
business in this state any insurance deemed necessary by the	23446
commission for the efficient operation of a suitable vending	23447
facility as defined in division (A) of section 3304.28 of the	23448
Revised Code;	23449

(S) May accept directly from any state agency, and any state	23450
agency may transfer directly to the commission, surplus computers	23451
and computer equipment to be used for any purposes the commission	23452
considers appropriate, notwithstanding sections 125.12 to 125.14	23453
of the Revised Code.	23454

Sec. 3304.181. If the total of all funds available from	23455
nonfederal sources to support the activities of the rehabilitation	23456
services commission does not comply with the expenditure	23457
requirements of 34 C.F.R. 361.60 and 361.62 for those activities	23458
or would cause the state to lose an allotment or fail to receive a	23459
reallotment under 34 C.F.R. 361.65, the commission ~~shall~~may	23460
solicit additional funds from, and enter into agreements for the	23461
use of those funds with, private or public entities, including	23462
local government entities of this state. The commission ~~shall~~may	23463
continue to solicit additional funds and enter into agreements	23464
until the total funding available is sufficient for the commission	23465
to receive federal funds at the maximum amount and in the most	23466
advantageous proportion possible.	23467

Any agreement entered into between the commission and a	23468
private or public entity to provide funds under this section shall	23469
be in accordance with 34 C.F.R. 361.28 and section 3304.182 of the	23470
Revised Code.	23471

Sec. 3304.182. Any agreement between the rehabilitation	23472
services commission and a private or public entity providing funds	23473
under section 3304.181 of the Revised Code may permit the	23474
commission to receive a specified percentage of the funds, but the	23475
percentage shall be not more than twenty-five per cent of the	23476
total funds available under the agreement. ~~The agreement shall not~~	23477
~~be for less than six months or be discontinued by the commission~~	23478
~~without the commission first providing three months notice of~~	23479
~~intent to discontinue the agreement.~~ The commission may terminate	23480
an agreement ~~only~~at any time for ~~good~~just cause. It may	23481
terminate an agreement for any other reason by giving at least	23482
thirty days' notice to the public or private entity.	23483

Any services provided under an agreement entered into under	23484
section 3304.181 of the Revised Code shall be provided by a person	23485
or government entity that meets the accreditation standards	23486
established in rules adopted by the commission under section	23487
3304.16 of the Revised Code.	23488

Sec. 3305.01. As used in this chapter:

23489

(A) "Public institution of higher education" means a state	23490
university as defined in section 3345.011 of the Revised Code, the	23491
northeast Ohio medical university, or a university branch,	23492
technical college, state community college, community college, or	23493
municipal university established or operating under Chapter 3345.,	23494
3349., 3354., 3355., 3357., or 3358. of the Revised Code.	23495

(B) "State retirement system" means the public employees	23496
retirement system created under Chapter 145. of the Revised Code,	23497
the state teachers retirement system created under Chapter 3307.	23498
of the Revised Code, or the school employees retirement system	23499
created under Chapter 3309. of the Revised Code.	23500

(C) "Eligible employee" means any person employed as a	23501
full-time employee of a public institution of higher education.	23502

In all cases of doubt, the board of trustees of the public	23503
institution of higher education shall determine whether any person	23504
is an eligible employee for purposes of this chapter, and the	23505
board's decision shall be final.	23506

(D) "Electing employee" means any eligible employee who	23507
elects, pursuant to section 3305.05 or 3305.051 of the Revised	23508
Code, to participate in an alternative retirement plan provided	23509
pursuant to this chapter or an eligible employee who is required	23510
to participate in an alternative retirement plan pursuant to	23511
division (C)~~(4)~~(3) of section 3305.05 or division (F) of section	23512
3305.051 of the Revised Code.	23513

(E) "Compensation," for purposes of an electing employee, has	23514
the same meaning as the applicable one of the following:	23515

(1) If the electing employee would be subject to Chapter 145.	23516
of the Revised Code had the employee not made an election pursuant	23517
to section 3305.05 or 3305.051 of the Revised Code, "earnable	23518
salary" as defined in division (R) of section 145.01 of the	23519
Revised Code;	23520

(2) If the electing employee would be subject to Chapter	23521
3307. of the Revised Code had the employee not made an election	23522
pursuant to section 3305.05 or 3305.051 of the Revised Code,	23523
"compensation" as defined in division (L) of section 3307.01 of	23524
the Revised Code;	23525

(3) If the electing employee would be subject to Chapter	23526
3309. of the Revised Code had the employee not made an election	23527
pursuant to section 3305.05 or 3305.051 of the Revised Code,	23528
"compensation" as defined in division (V) of section 3309.01 of	23529
the Revised Code.	23530

(F) "~~Provider~~Vendor" means an entity designated under	23531
section 3305.03 of the Revised Code as eligible to be a provider	23532
of investment options for an alternative retirement plan.	23533

(G) "Provider" means, with respect to each public institution	23534
of higher education, a vendor that has entered into an agreement	23535
with that public institution of higher education in accordance	23536
with section 3305.04 of the Revised Code.	23537

Sec. 3305.02. An alternative retirement program is hereby	23538
established in accordance with this chapter for the purpose of	23539
providing to eligible employees the opportunity of participating	23540
in an alternative retirement plan as an alternative to	23541
participating in a state retirement system. The employer is the	23542
sponsor of each alternative retirement plan offered under this	23543
chapter.	23544

Each alternative retirement plan offered under this program	23545
shall be a defined contribution plan qualified under section 401	23546
(a) of the Internal Revenue Code that provides retirement and, to	23547
the extent applicable, death benefits through investment options.	23548
The options shall be offered to electing employees pursuant to	23549
trust or custodial accounts or pursuant to group or individual	23550
annuity contracts, and certificates issued under group contracts,	23551
~~and~~. The options may include life insurance, annuities, variable	23552
annuities, regulated investment trusts, pooled investment funds,	23553
or other forms of investment, at the option of each electing	23554
employee.	23555

Notwithstanding this chapter, any retirement plan established	23556
by a public institution of higher education prior to March 31,	23557
1997, as an alternative to participating in any state retirement	23558
system may continue in effect and be modified without regard to	23559
this chapter for all employees at the public institution eligible	23560
to participate in the plan.	23561

Sec. 3305.03. (A) The ~~department of insurance~~Ohio board of	23562
regents shall designate ~~three or more~~the entities that are	23563
eligible to provide investment options under alternative	23564
retirement plans ~~established~~maintained by public institutions of	23565
higher education ~~in accordance with this chapter. An entity shall~~	23566
~~be designated a provider under this section if the entity meets~~.	23567
The board shall accept and review applications from entities	23568
seeking designation as a vendor. The board shall not designate an	23569
entity as a vendor unless the entity meets the requirements	23570
described in division (B) of this section.	23571

(B) To be eligible for designation as a vendor, an entity	23572
must meet both of the following requirements:	23573

(1) ~~It is~~The entity must be authorized to conduct business	23574
in this state with regard to the investment options to be offered	23575
under an alternative retirement plan;maintained by a public	23576
institution of higher education.	23577

(2) ~~It provides~~The entity must offer the same or similar	23578
investment options ~~to be offered~~ under alternative retirement	23579
plans, ~~as group or individual contracts, or a combination thereof,~~	23580
optional retirement plans, or similar types of plans with respect	23581
to which all of the following apply:	23582

(a) The plans are defined contribution plans that are	23583
qualified plans under Internal Revenue Code 401(a) or 403(b).	23584

(b) The plans are maintained by institutions of higher	23585
education in at least ten other states.	23586

~~(B)~~(c) The plans are established as primary retirement plans	23587
that are alternatives to or a component of the applicable state	23588
retirement system.	23589

(C) In ~~designating a provider under this section~~determining	23590
whether to designate an entity as a vendor, the ~~department of~~	23591
~~insurance~~board of regents shall identify, consider, and evaluate	23592
all of the following:	23593

(1) The experience of the ~~provider~~entity in providing in	23594
other states investment options under alternative retirement	23595
~~programs in other states~~plans, optional retirement plans, or	23596
similar types of plans that meet the requirements of division	23597
(B)(2) of this section;	23598

(2) The potential effectiveness of the ~~provider~~entity in	23599
recruiting eligible employees to ~~enter into contracts~~select that	23600
entity for purposes of participating in an alternative retirement	23601
plan and in retaining those ~~contracts~~employees' accounts;	23602

(3) Whether the entity intends to offer a broad range of	23603
investment options to the electing employees;	23604

(4) The suitability of the investment options to the needs	23605
and interests of the electing employees and their beneficiaries;	23606

(5) The capability of the entity to offer sufficient	23607
information to the electing employees and their beneficiaries to	23608
make informed decisions with regard to investment options offered	23609
by the entity;	23610

(6) The capability of the entity to perform in a manner that	23611
is in the best interests of the electing employees and their	23612
beneficiaries;	23613

(7) The fees and expenses associated with the entity's	23614
investment options and the manner in which the entity intends to	23615
disclose those fees and expenses;	23616

(8) The ~~nature and extent of the~~ rights and benefits to be	23617
provided under the investment options;	23618

~~(4) The relationship between the rights and benefits under~~	23619
~~the investment options and the amount of the contributions made~~	23620
~~under those options;~~	23621

~~(5) The suitability of the rights and benefits under the~~	23622
~~investment options to the needs and interests of eligible~~	23623
~~employees;~~	23624

~~(6)~~(9) The capability of the ~~provider~~entity to provide the	23625
rights and benefits under the investment options;	23626

~~(7)~~(10) Comments submitted by a public institution of higher	23627
education under section 3305.031 of the Revised Code;	23628

(11) Any other matters itthe board of regents considers	23629
relevant.	23630

~~(C)~~(D) The ~~department of insurance~~board of regents shall	23631
~~periodically review~~conduct periodic reviews of each ~~provider~~	23632
entity designated ~~under division (A) of this section~~as a vendor	23633
and the investment options being offered to ensure that the	23634
requirements and purposes of this chapter are being met. ~~If the~~	23635
~~department~~The reviews of a vendor shall occur not less frequently	23636
than once every three years.	23637

If it finds that the ~~provider~~vendor is not in compliance	23638
with ~~any requirement~~the requirements of this chapter or the	23639
~~provider~~vendor is not satisfactorily meeting the purposes of this	23640
chapter, the ~~department may~~board shall rescind the ~~provider's~~	23641
vendor's designation.	23642

~~(D)~~(E) Notwithstanding sections 125.01 to 125.11 of the	23643
Revised Code, designation of a ~~provider~~vendor or the execution of	23644
any ~~contract~~agreement under this chapter is not subject to	23645
competitive bidding under those sections.	23646

Sec. 3305.031. (A) As part of the process established under	23647
section 3305.03 of the Revised Code for designating an entity as a	23648
vendor and conducting periodic reviews of a vendor, the Ohio board	23649
of regents shall do all of the following:	23650

(1) Provide written notice to each public institution of	23651
higher education that an entity has applied to be designated as a	23652
vendor under section 3305.03 of the Revised Code;	23653

(2) Provide written notice to each public institution of	23654
higher education that a vendor is scheduled for a review;	23655

(3) Establish a comment period of not less than thirty days	23656
during which a public institution of higher education is	23657
authorized to comment about an entity's application for	23658
designation or a vendor's review and to request a meeting with the	23659
board of regents concerning the application or review;	23660

(4) Not later than fourteen days after the board makes a	23661
decision with respect to an application or review, including any	23662
rescission of a vendor's designation, provide written notice to	23663
each public institution of higher education of the board's	23664
decision.	23665

(B) If a meeting is requested by a public institution of	23666
higher education under division (A)(3) of this section, the board	23667
of regents shall do all of the following:	23668

(1) Notify each public institution of higher education of the	23669
meeting and its time and place;	23670

(2) Hold the meeting not less than ten but not more than	23671
thirty days after the end of the comment period;	23672

(3) Continue to accept comments concerning the application or	23673
review, as applicable, until five business days after the meeting	23674
is held.	23675

(C) The board of regents shall adopt rules under section	23676
3305.032 of the Revised Code specifying the method to be used by	23677
public institutions of higher education in submitting comments to	23678
the board concerning an application or review.	23679

Sec. 3305.032. The Ohio board of regents shall adopt rules	23680
as the board considers necessary to carry out its duties and	23681
responsibilities under this chapter. The rules shall be adopted in	23682
accordance with Chapter 119. of the Revised Code. The rules may	23683
provide for fees to be charged providers by the board to cover	23684
administrative and marketing expenses of the board.	23685

Sec. 3305.04. (A) The board of trustees of each public	23686
institution of higher education shall adopt an alternative	23687
retirement plan in accordance with this chapter. ~~Each public~~	23688
~~institution of higher education shall enter into a contract with~~	23689
~~each provider designated pursuant to section 3305.03 of the~~	23690
~~Revised Code that is willing to provide investment options under~~	23691
~~an alternative retirement plan at that public institution. Each~~	23692
~~contract shall provide for termination of the contract if the~~	23693
~~provider ceases to be a designated provider. In~~	23694

In accordance with this chapter, each board may perform such	23695
functions and provide as necessary for the administration of its	23696
alternative retirement plan.	23697

(B)(1) In implementing the alternative retirement plan	23698
established by the board, the public institution of higher	23699
education shall develop agreements to be entered into with	23700
entities designated under section 3305.03 of the Revised Code as	23701
vendors. Each agreement shall include such terms and conditions as	23702
are determined by the public institution of higher education in	23703
its sole discretion.	23704

(2) Except as provided in division (B)(3) of this section,	23705
the public institution of higher education shall enter into	23706
agreements with a minimum of four vendors or, if fewer than four	23707
vendors are available, with the number of vendors available.	23708

(3) Division (B)(2) of this section does not require a public	23709
institution of higher education to enter into an agreement with a	23710
vendor if either of the following is the case:	23711

(a) The vendor is not willing to provide investment options	23712
under the alternative retirement plan at that public institution.	23713

(b) The vendor is not willing to agree to the terms and	23714
conditions of the agreement.	23715

(4) After an agreement has been entered into, both of the	23716
following apply with respect to termination of the agreement with	23717
the provider:	23718

(a) The agreement shall be terminated if the provider ceases	23719
to be an entity designated as a vendor.	23720

(b) The agreement may be terminated if the provider fails to	23721
comply with the terms and conditions of such agreement.	23722

Sec. 3305.05. (A) As used in this section and section	23723
3305.051 of the Revised Code, "academic or administrative	23724
employee" means any full-time employee not receiving any benefit,	23725
allowance, or other payment granted on the employee's account from	23726
a state retirement system who, before ~~the effective date of this~~	23727
~~section~~August 1, 2005, met one of the following requirements:	23728

(1) The employee was a member of the faculty of a public	23729
institution of higher education.	23730

(2) The employee was a member of the administrative staff of	23731
a public institution of higher education serving in a position in	23732
the unclassified civil service pursuant to section 124.11 of the	23733
Revised Code.	23734

(3) If section 124.11 of the Revised Code did not apply to	23735
the public institution of higher education, the employee was a	23736
member of the administrative staff of a public institution of	23737
higher education serving in a position comparable to a position in	23738
the unclassified civil service.	23739

In all cases of doubt, the board of trustees of the public	23740
institution of higher education shall determine whether any person	23741
is an academic or administrative employee for purposes of this	23742
chapter, and the board's decision shall be final.	23743

(B)(1) Each person who, on ~~the effective date of this section~~	23744
August 1, 2005, is an eligible employee of a public institution of	23745
higher education and has accrued less than five years of service	23746
credit in a state retirement system may, not later than one	23747
hundred twenty days after ~~the effective date of this section~~	23748
August 1, 2005, make an election to participate in an alternative	23749
retirement plan available at the employing public institution,	23750
unless, prior to ~~the effective date of this section~~August 1,	23751
2005, the person had an opportunity pursuant to former section	23752
3305.05 of the Revised Code to make such an election as an	23753
academic or administrative employee of that public institution of	23754
higher education.	23755

(2) An eligible employee whose employment with a public	23756
institution of higher education commences on or after ~~the~~	23757
~~effective date of this section~~August 1, 2005, may, not later than	23758
one hundred twenty days after the starting date of the employment,	23759
make an election to participate in an alternative retirement plan	23760
available at the employing public institution.	23761

(3) An eligible employee who, on or after ~~the effective date~~	23762
~~of this section~~August 1, 2005, terminates employment at one	23763
public institution of higher education and subsequently is	23764
employed by another public institution of higher education in a	23765
position for which an alternative retirement plan is available	23766
may, not later than one hundred twenty days after the starting	23767
date of the employment, elect to participate in an alternative	23768
retirement plan available at that public institution.	23769

(C)(1) An eligible employee who makes an election under	23770
division (B) of this section shall submit the election in writing	23771
to the designated officer of the employee's employing public	23772
institution of higher education. Once submitted, the election is	23773
irrevocable while the eligible employee continues to be employed	23774
by the public institution of higher education. Not later than ten	23775
days after the election becomes irrevocable, the officer shall	23776
file a certified copy of the election with the state retirement	23777
system to which, apart from the election, the employee's	23778
employment would be subject.	23779

Each public institution of higher education that employs a	23780
person eligible to make an election under division (B) of this	23781
section shall notify, in writing, ~~within ten days of the person's~~	23782
~~employment,~~ the state retirement system that applies to that	23783
employment in the manner specified by that state retirement	23784
system. The notice shall include the person's name and address.	23785
The notice shall be given not later than ten days after the first	23786
date the person is on the institution's payroll.	23787

(2) Elections made under division (B) of this section take	23788
effect as follows:	23789

(a) An election under division (B)(1) of this section is	23790
effective as of the date on which the employee's election to	23791
participate in the alternative retirement plan becomes	23792
irrevocable.	23793

(b) An election under division (B)(2) or (3) of this section	23794
is effective as of the electing employee's starting date of	23795
employment.	23796

(3) An eligible employee's election under division (B) of	23797
this section applies to the employee's employment in all positions	23798
at that public institution, unless the employee terminates	23799
employment at the public institution and does not return to	23800
employment in any position at that public institution ~~prior to one~~	23801
~~year~~for at least three hundred sixty-five days after the date of	23802
termination.	23803

(4) An eligible employee who makes an election under division	23804
(B) of this section is forever barred from claiming or purchasing	23805
service credit under any state retirement system for the period of	23806
employment while the election is in effect.	23807

(D)(1) An eligible employee who fails to make an election	23808
under division (B) of this section within the one-hundred-twenty	23809
day election period shall be deemed to have elected to participate	23810
in the state retirement system that applies to the employee's	23811
employment.	23812

(2) An eligible employee who fails to make an election under	23813
division (B) of this section shall not be permitted to make an	23814
election for employment in any other position at the public	23815
institution of higher education while employed at that public	23816
institution, unless the employee terminates employment at the	23817
public institution and does not return to employment in any	23818
position at the public institution ~~prior to one year~~for at least	23819
three hundred sixty-five days after the date of termination.	23820

Sec. 3305.053. The board of trustees of a public institution	23821
of higher education shall permit an employee who makes an election	23822
under section 3305.05 or 3305.051 of the Revised Code to do all of	23823
the following:	23824

(A) Select, from among the providers that have entered into a	23825
~~contract~~an agreement with the public institution of higher	23826
education under section 3305.04 of the Revised Code, the provider	23827
of an investment option for that employee;	23828

(B) ~~Except as permitted under division (C) of this section,~~	23829
~~contract with only one provider in any plan year;~~	23830

~~(C) Change~~Subject to any terms and conditions established by	23831
the public institution of higher education, change the provider	23832
selected under division (A) of this section ~~at the following~~	23833
~~times:~~	23834

~~(1) Once during the first payroll period in any plan year;~~

23835

~~(2) Any time the provider that the employee selected ceases,~~	23836
~~under division (C) of section 3305.03 of the Revised Code, to be~~	23837
~~designated~~any time during the plan year.	23838

~~(D)~~(C) If under division ~~(C)~~(B) of this section an employee	23839
changes providers, the employee may direct the provider ~~shall~~to	23840
transfer to the new provider the employee's account balance either	23841
in whole or in part, as directed by the employee, except that the	23842
provider is not required to immediately transfer any part of the	23843
account invested at the employee's election in a fixed annuity	23844
account if the contract with the employee under which the	23845
investment was made permits the provider to make such a transfer	23846
over a period of time not exceeding ten years and the contract was	23847
filed with and approved by the department of insurance pursuant to	23848
section 3911.011 of the Revised Code.	23849

Sec. 3305.06. (A) Each electing employee shall contribute an	23850
amount, which shall be a certain percentage of the employee's	23851
compensation, to the provider of the investment option the	23852
employee has selected. This percentage shall be the percentage the	23853
electing employee would have otherwise been required to contribute	23854
to the state retirement system that applies to the employee's	23855
position, except that the percentage shall not be less than three	23856
per cent. Employee contributions under this division may be	23857
treated as employer contributions in accordance with Internal	23858
Revenue Code 414(h).	23859

(B) Each public institution of higher education employing an	23860
electing employee shall contribute a percentage of the employee's	23861
compensation to the provider of the investment option the employee	23862
has selected. This percentage shall be equal to the percentage	23863
that the public institution of higher education would otherwise	23864
contribute on behalf of that employee to the state retirement	23865
system that would otherwise cover that employee's position, less	23866
the percentage contributed by the public institution of higher	23867
education under division (D) of this section.	23868

(C)(1) In no event shall the amount contributed by the	23869
electing employee pursuant to division (A) of this section and on	23870
the electing employee's behalf pursuant to division (B) of this	23871
section be less than the amount necessary to qualify the plan as a	23872
state retirement system pursuant to Internal Revenue Code	23873
3121~~(B)~~(b)(7) and the regulations adopted thereunder.	23874

(2) The full amount of the electing employee's contribution	23875
under division (A) of this section and the full amount of the	23876
employer's contribution made on behalf of that employee under	23877
division (B) of this section shall be paid to the appropriate	23878
provider for application to the electing employee's investment	23879
option.	23880

(D) Each public institution of higher education employing an	23881
electing employee shall contribute on behalf of that employee to	23882
the state retirement system that otherwise applies to the electing	23883
employee's position a percentage of the electing employee's	23884
compensation to mitigate any negative financial impact of the	23885
alternative retirement program on the state retirement system. The	23886
percentage shall be six per cent, except that the percentage may	23887
be adjusted by the Ohio retirement study council to reflect the	23888
determinations made by actuarial studies conducted under section	23889
171.07 of the Revised Code. Any adjustment shall become effective	23890
on the first day of the second month following submission of the	23891
actuarial study to the Ohio board of regents under section 171.07	23892
of the Revised Code.	23893

Contributions on behalf of an electing employee shall	23894
continue in accordance with this division until the occurrence of	23895
the following:	23896

(1) If the electing employee would be subject to Chapter 145.	23897
of the Revised Code had the employee not made an election pursuant	23898
to section 3305.05 or 3305.051 of the Revised Code, until the	23899
unfunded actuarial accrued liability for all benefits, except	23900
health care benefits provided under section 145.325 or 145.58 of	23901
the Revised Code and benefit increases provided after March 31,	23902
1997, is fully amortized, as determined by the annual actuarial	23903
valuation prepared under section 145.22 of the Revised Code;	23904

(2) If the electing employee would be subject to Chapter	23905
3307. of the Revised Code had the employee not made an election	23906
pursuant to section 3305.05 or 3305.051 of the Revised Code, until	23907
the unfunded actuarial accrued liability for all benefits, except	23908
health care benefits provided under section 3307.39 or 3307.61 of	23909
the Revised Code and benefit increases provided after March 31,	23910
1997, is fully amortized, as determined by the annual actuarial	23911
valuation prepared under section 3307.51 of the Revised Code;	23912

(3) If the electing employee would be subject to Chapter	23913
3309. of the Revised Code had the employee not made an election	23914
pursuant to section 3305.05 or 3305.051 of the Revised Code, until	23915
the unfunded actuarial accrued liability for all benefits, except	23916
health care benefits provided under section 3309.375 or 3309.69 of	23917
the Revised Code and benefit increases provided after March 31,	23918
1997, is fully amortized, as determined by the annual actuarial	23919
valuation prepared under section 3309.21 of the Revised Code.	23920

Sec. 3313.65. (A) As used in this section and section	23921
3313.64 of the Revised Code:	23922

(1) A person is "in a residential facility" if the person is	23923
a resident or a resident patient of an institution, home, or other	23924
residential facility that is:	23925

(a) Licensed as a nursing home, residential care facility, or	23926
home for the aging by the director of health under section 3721.02	23927
of the Revised Code;	23928

(b) ~~Licensed as an adult care facility by the director of~~	23929
~~mental health under sections 5119.70 to 5119.88 of the Revised~~	23930
~~Code;~~	23931

~~(c)~~ Maintained as a county home or district home by the board	23932
of county commissioners or a joint board of county commissioners	23933
under Chapter 5155. of the Revised Code;	23934

~~(d)~~(c) Operated or administered by a board of alcohol, drug	23935
addiction, and mental health services under section 340.03 or	23936
340.06 of the Revised Code, or provides residential care pursuant	23937
to contracts made under section 340.03 or 340.033 of the Revised	23938
Code;	23939

~~(e)~~(d) Maintained as a state institution for the mentally ill	23940
under Chapter 5119. of the Revised Code;	23941

~~(f)~~(e) Licensed by the department of mental health under	23942
section 5119.20 or 5119.22 of the Revised Code;	23943

~~(g)~~(f) Licensed as a residential facility by the department	23944
of developmental disabilities under section 5123.19 of the Revised	23945
Code;	23946

~~(h)~~(g) Operated by the veteran's administration or another	23947
agency of the United States government;	23948

~~(i)~~(h) Operated by the Ohio veterans' home.

23949

(2) A person is "in a correctional facility" if any of the	23950
following apply:	23951

(a) The person is an Ohio resident and is:

23952

(i) Imprisoned, as defined in section 1.05 of the Revised	23953
Code;	23954

(ii) Serving a term in a community-based correctional	23955
facility or a district community-based correctional facility;	23956

(iii) Required, as a condition of parole, a post-release	23957
control sanction, a community control sanction, transitional	23958
control, or early release from imprisonment, as a condition of	23959
shock parole or shock probation granted under the law in effect	23960
prior to July 1, 1996, or as a condition of a furlough granted	23961
under the version of section 2967.26 of the Revised Code in effect	23962
prior to March 17, 1998, to reside in a halfway house or other	23963
community residential center licensed under section 2967.14 of the	23964
Revised Code or a similar facility designated by the court of	23965
common pleas that established the condition or by the adult parole	23966
authority.	23967

(b) The person is imprisoned in a state correctional	23968
institution of another state or a federal correctional institution	23969
but was an Ohio resident at the time the sentence was imposed for	23970
the crime for which the person is imprisoned.	23971

(3) A person is "in a juvenile residential placement" if the	23972
person is an Ohio resident who is under twenty-one years of age	23973
and has been removed, by the order of a juvenile court, from the	23974
place the person resided at the time the person became subject to	23975
the court's jurisdiction in the matter that resulted in the	23976
person's removal.	23977

(4) "Community control sanction" has the same meaning as in	23978
section 2929.01 of the Revised Code.	23979

(5) "Post-release control sanction" has the same meaning as	23980
in section 2967.01 of the Revised Code.	23981

(B) If the circumstances described in division (C) of this	23982
section apply, the determination of what school district must	23983
admit a child to its schools and what district, if any, is liable	23984
for tuition shall be made in accordance with this section, rather	23985
than section 3313.64 of the Revised Code.	23986

(C) A child who does not reside in the school district in	23987
which the child's parent resides and for whom a tuition obligation	23988
previously has not been established under division (C)(2) of	23989
section 3313.64 of the Revised Code shall be admitted to the	23990
schools of the district in which the child resides if at least one	23991
of the child's parents is in a residential or correctional	23992
facility or a juvenile residential placement and the other parent,	23993
if living and not in such a facility or placement, is not known to	23994
reside in this state.	23995

(D) Regardless of who has custody or care of the child,	23996
whether the child resides in a home, or whether the child receives	23997
special education, if a district admits a child under division (C)	23998
of this section, tuition shall be paid to that district as	23999
follows:	24000

(1) If the child's parent is in a juvenile residential	24001
placement, by the district in which the child's parent resided at	24002
the time the parent became subject to the jurisdiction of the	24003
juvenile court;	24004

(2) If the child's parent is in a correctional facility, by	24005
the district in which the child's parent resided at the time the	24006
sentence was imposed;	24007

(3) If the child's parent is in a residential facility, by	24008
the district in which the parent resided at the time the parent	24009
was admitted to the residential facility, except that if the	24010
parent was transferred from another residential facility, tuition	24011
shall be paid by the district in which the parent resided at the	24012
time the parent was admitted to the facility from which the parent	24013
first was transferred;	24014

(4) In the event of a disagreement as to which school	24015
district is liable for tuition under division (C)(1), (2), or (3)	24016
of this section, the superintendent of public instruction shall	24017
determine which district shall pay tuition.	24018

(E) If a child covered by division (D) of this section	24019
receives special education in accordance with Chapter 3323. of the	24020
Revised Code, the tuition shall be paid in accordance with section	24021
3323.13 or 3323.14 of the Revised Code. Tuition for children who	24022
do not receive special education shall be paid in accordance with	24023
division (J) of section 3313.64 of the Revised Code.	24024

Sec. 3313.71. School physicians may make examinations, which	24025
shall include tests to determine the existence of hearing defects,	24026
and diagnoses of all children referred to them. They may make such	24027
examination of teachers and other school employees and inspection	24028
of school buildings as in their opinion the protection of health	24029
of the pupils, teachers, and other school employees requires.	24030

Boards of education shall require and provide, in accordance	24031
with section 3313.67 of the Revised Code, such tests and	24032
examinations for tuberculosis of pupils in selected grades and of	24033
school employees as may be required by the ~~Ohio public~~director of	24034
health ~~council~~.	24035

Boards may require annual tuberculin tests of any grades. All	24036
pupils with positive reactions to the test shall have chest x-rays	24037
and all positive reactions and x-ray findings shall be reported	24038
promptly to the county record bureau of tuberculosis cases	24039
provided for in section 339.74 of the Revised Code. Boards shall	24040
waive the required test where a pupil presents a written statement	24041
from the pupil's family physician certifying that such test has	24042
been given and that such pupil is free from tuberculosis in a	24043
communicable stage, or that such test is inadvisable for medical	24044
reasons, or from the pupil's parent or guardian objecting to such	24045
test because of religious convictions.	24046

Whenever a pupil, teacher, or other school employee is found	24047
to be ill or suffering from tuberculosis in a communicable stage	24048
or other communicable disease, the school physician shall promptly	24049
send such pupil, teacher, or other school employee home, with a	24050
statement, in the case of a pupil, to the pupil's parents or	24051
guardian, briefly setting forth the discovered facts, and advising	24052
that the family physician be consulted. School physicians shall	24053
keep accurate card-index records of all examinations, and said	24054
records, that they may be uniform throughout the state, shall be	24055
according to the form prescribed by the state board of education,	24056
and the reports shall be made according to the method of said	24057
form. If the parent or guardian of any pupil or any teacher or	24058
other school employee, after notice from the board of education,	24059
furnishes within two weeks thereafter the written certificate of	24060
any reputable physician that the pupil, teacher, or other school	24061
employee has been examined, in such cases the service of the	24062
school physician shall be dispensed with, and such certificate	24063
shall be furnished by such parent or guardian, as required by the	24064
board of education. Such individual records shall not be open to	24065
the public and shall be solely for the use of the boards of	24066
education and boards of health officer. If any teacher or other	24067
school employee is found to have tuberculosis in a communicable	24068
stage or other communicable disease, the teacher's or employee's	24069
employment shall be discontinued or suspended upon such terms as	24070
to salary as the board deems just until the school physician has	24071
certified to a recovery from such disease. The methods of making	24072
the tuberculin tests and chest x-rays required by this section	24073
shall be such as are approved by the director of health.	24074

Sec. 3313.976. (A) No private school may receive scholarship	24075
payments from parents pursuant to section 3313.979 of the Revised	24076
Code until the chief administrator of the private school registers	24077
the school with the superintendent of public instruction. The	24078
state superintendent shall register any school that meets the	24079
following requirements:	24080

(1) The school is located within the boundaries of the pilot	24081
project school district;	24082

(2) The school indicates in writing its commitment to follow	24083
all requirements for a state-sponsored scholarship program	24084
specified under sections 3313.974 to 3313.979 of the Revised Code,	24085
including, but not limited to, the requirements for admitting	24086
students pursuant to section 3313.977 of the Revised Code;	24087

(3) The school meets all state minimum standards for	24088
chartered nonpublic schools in effect on July 1, 1992, except that	24089
the state superintendent at the superintendent's discretion may	24090
register nonchartered nonpublic schools meeting the other	24091
requirements of this division;	24092

(4) The school does not discriminate on the basis of race,	24093
religion, or ethnic background;	24094

(5) The school enrolls a minimum of ten students per class or	24095
a sum of at least twenty-five students in all the classes offered;	24096

(6) The school does not advocate or foster unlawful behavior	24097
or teach hatred of any person or group on the basis of race,	24098
ethnicity, national origin, or religion;	24099

(7) The school does not provide false or misleading	24100
information about the school to parents, students, or the general	24101
public;	24102

(8) For students in grades kindergarten through eight with	24103
family incomes at or below two hundred per cent of the federal	24104
poverty guidelines, as defined in section 5104.46 of the Revised	24105
Code, the school agrees not to charge any tuition ~~to low-income~~	24106
~~families receiving ninety per cent of the scholarship amount~~	24107
~~through the scholarship program, pursuant to division (A) of~~	24108
~~section 3313.978 of the Revised Code,~~ in excess of ~~ten per cent of~~	24109
the scholarship amount established pursuant to division (C)(1) of	24110
section 3313.978 of the Revised Code, excluding any increase	24111
described in division (C)(2) of that section. ~~The school shall~~	24112
~~permit any such tuition, at the discretion of the parent, to be~~	24113
~~satisfied by the low-income family's provision of in-kind~~	24114
~~contributions or services.~~	24115

(9) For students in grades kindergarten through eight with	24116
family incomes above two hundred per cent of the federal poverty	24117
guidelines, whose scholarship amounts are less than the actual	24118
tuition charge of the school, the school agrees not to charge any	24119
tuition ~~to low-income families receiving a seventy-five per cent~~	24120
~~scholarship amount through the scholarship program, pursuant to~~	24121
~~division (A) of section 3313.978 of the Revised Code,~~ in excess of	24122
the difference between the actual tuition charge of the school and	24123
~~seventy-five per cent of~~ the scholarship amount established	24124
pursuant to division (C)(1) of section 3313.978 of the Revised	24125
Code, excluding any increase described in division (C)(2) of that	24126
section. The school shall permit such tuition, at the discretion	24127
of the parent, to be satisfied by the ~~low-income~~ family's	24128
provision of in-kind contributions or services.	24129

(10) The school agrees not to charge any tuition to families	24130
of students in grades nine through twelve receiving a scholarship	24131
in excess of the actual tuition charge of the school less	24132
~~seventy-five or ninety per cent of~~ the scholarship amount	24133
established pursuant to division (C)(1) of section 3313.978 of the	24134
Revised Code, ~~as applicable,~~ excluding any increase described in	24135
division (C)(2) of that section.	24136

(11) Notwithstanding division (K) of section 3301.0711 of the	24137
Revised Code, the school annually administers the assessments	24138
prescribed by section 3301.0710 of the Revised Code to each	24139
scholarship student enrolled in the school in accordance with	24140
section 3301.0711 of the Revised Code and reports to the	24141
department of education the results of each such assessment	24142
administered to each scholarship student.	24143

(B) The state superintendent shall revoke the registration of	24144
any school if, after a hearing, the superintendent determines that	24145
the school is in violation of any of the provisions of division	24146
(A) of this section.	24147

(C) Any public school located in a school district adjacent	24148
to the pilot project district may receive scholarship payments on	24149
behalf of parents pursuant to section 3313.979 of the Revised Code	24150
if the superintendent of the district in which such public school	24151
is located notifies the state superintendent prior to the first	24152
day of March that the district intends to admit students from the	24153
pilot project district for the ensuing school year pursuant to	24154
section 3327.06 of the Revised Code.	24155

(D) Any parent wishing to purchase tutorial assistance from	24156
any person or governmental entity pursuant to the pilot project	24157
program under sections 3313.974 to 3313.979 of the Revised Code	24158
shall apply to the state superintendent. The state superintendent	24159
shall approve providers who appear to possess the capability of	24160
furnishing the instructional services they are offering to	24161
provide.	24162

Sec. 3313.978. (A) Annually by the first day of November,	24163
the superintendent of public instruction shall notify the pilot	24164
project school district of the number of initial scholarships that	24165
the state superintendent will be awarding in each of grades	24166
kindergarten through twelve.	24167

The state superintendent shall provide information about the	24168
scholarship program to all students residing in the district,	24169
shall accept applications from any such students until such date	24170
as shall be established by the state superintendent as a deadline	24171
for applications, and shall establish criteria for the selection	24172
of students to receive scholarships from among all those applying	24173
prior to the deadline, which criteria shall give preference to	24174
students from low-income families. ~~For each student selected, the~~	24175
~~state superintendent shall also determine whether the student~~	24176
~~qualifies for seventy-five or ninety per cent of the scholarship~~	24177
~~amount. Students whose family income is at or above two hundred~~	24178
~~per cent of the maximum income level established by the state~~	24179
~~superintendent for low-income families shall qualify for~~	24180
~~seventy-five per cent of the scholarship amount and students whose~~	24181
~~family income is below two hundred per cent of that maximum income~~	24182
~~level shall qualify for ninety per cent of the scholarship amount.~~	24183
The state superintendent shall notify students of their selection	24184
prior to the fifteenth day of January ~~and whether they qualify for~~	24185
~~seventy-five or ninety per cent of the scholarship amount~~.	24186

(1) A student receiving a pilot project scholarship may	24187
utilize it at an alternative public school by notifying the	24188
district superintendent, at any time before the beginning of the	24189
school year, of the name of the public school in an adjacent	24190
school district to which the student has been accepted pursuant to	24191
section 3327.06 of the Revised Code.	24192

(2) A student may decide to utilize a pilot project	24193
scholarship at a registered private school in the district if all	24194
of the following conditions are met:	24195

(a) By the fifteenth day of February of the preceding school	24196
year, or at any time prior to the start of the school year, the	24197
parent makes an application on behalf of the student to a	24198
registered private school.	24199

(b) The registered private school notifies the parent and the	24200
state superintendent as follows that the student has been	24201
admitted:	24202

(i) By the fifteenth day of March of the preceding school	24203
year if the student filed an application by the fifteenth day of	24204
February and was admitted by the school pursuant to division (A)	24205
of section 3313.977 of the Revised Code;	24206

(ii) Within one week of the decision to admit the student if	24207
the student is admitted pursuant to division (C) of section	24208
3313.977 of the Revised Code.	24209

(c) The student actually enrolls in the registered private	24210
school to which the student was first admitted or in another	24211
registered private school in the district or in a public school in	24212
an adjacent school district.	24213

(B) The state superintendent shall also award in any school	24214
year tutorial assistance grants to a number of students equal to	24215
the number of students who receive scholarships under division (A)	24216
of this section. Tutorial assistance grants shall be awarded	24217
solely to students who are enrolled in the public schools of the	24218
district in a grade level covered by the pilot project. Tutorial	24219
assistance grants may be used solely to obtain tutorial assistance	24220
from a provider approved pursuant to division (D) of section	24221
3313.976 of the Revised Code.	24222

All students wishing to obtain tutorial assistance grants	24223
shall make application to the state superintendent by the first	24224
day of the school year in which the assistance will be used. The	24225
state superintendent shall award assistance grants in accordance	24226
with criteria the superintendent shall establish. ~~For each student~~	24227
~~awarded a grant, the state superintendent shall also determine~~	24228
~~whether the student qualifies for seventy-five or ninety per cent~~	24229
~~of the grant amount and so notify the student. Students whose~~	24230
~~family income is at or above two hundred per cent of the maximum~~	24231
~~income level established by the state superintendent for~~	24232
~~low-income families shall qualify for seventy-five per cent of the~~	24233
~~grant amount and students whose family income is below two hundred~~	24234
~~per cent of that maximum income level shall qualify for ninety per~~	24235
~~cent of the grant amount.~~	24236

(C)(1) In the case of basic scholarships for students in	24237
grades kindergarten through eight, the scholarship amount shall	24238
not exceed the lesser of the net tuition charges of the	24239
alternative school the scholarship recipient attends or three	24240
thousand dollars before fiscal year 2007, three thousand four	24241
hundred fifty dollars in fiscal year 2007 through fiscal year	24242
2011, and four thousand two hundred fifty dollars in fiscal year	24243
2012 and thereafter.	24244

In the case of basic scholarships for students in grades nine	24245
through twelve, the scholarship amount shall not exceed the lesser	24246
of the net tuition charges of the alternative school the	24247
scholarship recipient attends or two thousand seven hundred	24248
dollars before fiscal year 2007, three thousand four hundred fifty	24249
dollars in fiscal year 2007 through fiscal year 2011, and five	24250
thousand dollars in fiscal year 2012 and thereafter.	24251

The net tuition and fees charged to a student shall be the	24252
tuition amount specified by the alternative school minus all other	24253
financial aid, discounts, and adjustments received for the	24254
student. In cases where discounts are offered for multiple	24255
students from the same family, and not all students in the same	24256
family are scholarship recipients, the net tuition amount	24257
attributable to the scholarship recipient shall be the lowest net	24258
tuition to which the family is entitled.	24259

(2) The state superintendent shall provide for an increase in	24260
the basic scholarship amount in the case of any student who is a	24261
mainstreamed student with a disability and shall further increase	24262
such amount in the case of any separately educated student with a	24263
disability. Such increases shall take into account the	24264
instruction, related services, and transportation costs of	24265
educating such students.	24266

(3) In the case of tutorial assistance grants, the grant	24267
amount shall not exceed the lesser of the provider's actual	24268
charges for such assistance or:	24269

(a) Before fiscal year 2007, a percentage established by the	24270
state superintendent, not to exceed twenty per cent, of the amount	24271
of the pilot project school district's average basic scholarship	24272
amount;	24273

(b) In fiscal year 2007 and thereafter, four hundred dollars.

24274

~~(4) No scholarship or tutorial assistance grant shall be~~	24275
~~awarded unless the state superintendent determines that~~	24276
~~twenty-five or ten per cent, as applicable, of the amount~~	24277
~~specified for such scholarship or grant pursuant to division~~	24278
~~(C)(1), (2), or (3) of this section will be furnished by a~~	24279
~~political subdivision, a private nonprofit or for profit entity,~~	24280
~~or another person. Only seventy-five or ninety per cent of such~~	24281
~~amounts, as applicable, shall be paid from state funds pursuant to~~	24282
~~section 3313.979 of the Revised Code.~~	24283

(D)(1) Annually by the first day of November, the state	24284
superintendent shall estimate the maximum per-pupil scholarship	24285
amounts for the ensuing school year. The state superintendent	24286
shall make this estimate available to the general public at the	24287
offices of the district board of education together with the forms	24288
required by division (D)(2) of this section.	24289

(2) Annually by the fifteenth day of January, the chief	24290
administrator of each registered private school located in the	24291
pilot project district and the principal of each public school in	24292
such district shall complete a parental information form and	24293
forward it to the president of the board of education. The	24294
parental information form shall be prescribed by the department of	24295
education and shall provide information about the grade levels	24296
offered, the numbers of students, tuition amounts, achievement	24297
test results, and any sectarian or other organizational	24298
affiliations.	24299

(E)(1) Only for the purpose of administering the pilot	24300
project scholarship program, the department may request from any	24301
of the following entities the data verification code assigned	24302
under division (D)(2) of section 3301.0714 of the Revised Code to	24303
any student who is seeking a scholarship under the program:	24304

(a) The school district in which the student is entitled to	24305
attend school under section 3313.64 or 3313.65 of the Revised	24306
Code;	24307

(b) If applicable, the community school in which the student	24308
is enrolled;	24309

(c) The independent contractor engaged to create and maintain	24310
data verification codes.	24311

(2) Upon a request by the department under division (E)(1) of	24312
this section for the data verification code of a student seeking a	24313
scholarship or a request by the student's parent for that code,	24314
the school district or community school shall submit that code to	24315
the department or parent in the manner specified by the	24316
department. If the student has not been assigned a code, because	24317
the student will be entering kindergarten during the school year	24318
for which the scholarship is sought, the district shall assign a	24319
code to that student and submit the code to the department or	24320
parent by a date specified by the department. If the district does	24321
not assign a code to the student by the specified date, the	24322
department shall assign a code to the student.	24323

The department annually shall submit to each school district	24324
the name and data verification code of each student residing in	24325
the district who is entering kindergarten, who has been awarded a	24326
scholarship under the program, and for whom the department has	24327
assigned a code under this division.	24328

(3) The department shall not release any data verification	24329
code that it receives under division (E) of this section to any	24330
person except as provided by law.	24331

(F) Any document relative to the pilot project scholarship	24332
program that the department holds in its files that contains both	24333
a student's name or other personally identifiable information and	24334
the student's data verification code shall not be a public record	24335
under section 149.43 of the Revised Code.	24336

(G)(1) The department annually shall compile the scores	24337
attained by scholarship students enrolled in registered private	24338
schools on the assessments administered to the students pursuant	24339
to division (A)(11) of section 3313.976 of the Revised Code. The	24340
scores shall be aggregated as follows:	24341

(a) By school district, which shall include all scholarship	24342
students residing in the pilot project school district who are	24343
enrolled in a registered private school and were required to take	24344
an assessment pursuant to division (A)(11) of section 3313.976 of	24345
the Revised Code;	24346

(b) By registered private school, which shall include all	24347
scholarship students enrolled in that school who were required to	24348
take an assessment pursuant to division (A)(11) of section	24349
3313.976 of the Revised Code.	24350

(2) The department shall disaggregate the student performance	24351
data described in division (G)(1) of this section according to the	24352
following categories:	24353

(a) Age;

24354

(b) Race and ethnicity;

24355

24356

(d) Students who have participated in the scholarship program	24357
for three or more years;	24358

(e) Students who have participated in the scholarship program	24359
for more than one year and less than three years;	24360

(f) Students who have participated in the scholarship program	24361
for one year or less;	24362

(g) Economically disadvantaged students.

24363

(3) The department shall post the student performance data	24364
required under divisions (G)(1) and (2) of this section on its web	24365
site and shall include that data in the information about the	24366
scholarship program provided to students under division (A) of	24367
this section. In reporting student performance data under this	24368
division, the department shall not include any data that is	24369
statistically unreliable or that could result in the	24370
identification of individual students. For this purpose, the	24371
department shall not report performance data for any group that	24372
contains less than ten students.	24373

(4) The department shall provide the parent of each	24374
scholarship student enrolled in a registered private school with	24375
information comparing the student's performance on the assessments	24376
administered pursuant to division (A)(11) of section 3313.976 of	24377
the Revised Code with the average performance of similar students	24378
enrolled in the building operated by the pilot project school	24379
district that the scholarship student would otherwise attend. In	24380
calculating the performance of similar students, the department	24381
shall consider age, grade, race and ethnicity, gender, and	24382
socioeconomic status.	24383

Sec. 3313.979. Each scholarship to be used for payments to a	24384
registered private school is payable to the parents of the student	24385
entitled to the scholarship. Each scholarship to be used for	24386
payments to a public school in an adjacent school district is	24387
payable to the school district of attendance by the superintendent	24388
of public instruction. Each grant to be used for payments to an	24389
approved tutorial assistance provider is payable to the approved	24390
tutorial assistance provider.	24391

(A)(1) By the fifteenth day of each month of the school year	24392
that any scholarship students are enrolled in a registered private	24393
school, the chief administrator of that school shall notify the	24394
state superintendent of:	24395

(a) The number of scholarship students who were reported to	24396
the school district as having been admitted by that private school	24397
pursuant to division (A)(2)(b) of section 3313.978 of the Revised	24398
Code and who were still enrolled in the private school as of the	24399
first day of such month~~, and the numbers of such students who~~	24400
~~qualify for seventy-five and ninety per cent of the scholarship~~	24401
~~amount~~;	24402

(b) The number of scholarship students who were reported to	24403
the school district as having been admitted by another private	24404
school pursuant to division (A)(2)(b) of section 3313.978 of the	24405
Revised Code and since the date of admission have transferred to	24406
the school providing the notification under division (A)(1) of	24407
this section~~, and the numbers of such students who qualify for~~	24408
~~seventy-five and ninety per cent of the scholarship amount~~.	24409

(2) From time to time, the state superintendent shall make a	24410
payment to the parent of each student entitled to a scholarship.	24411
Each payment shall include for each student reported under	24412
division (A)(1) of this section, a portion of ~~seventy-five or~~	24413
~~ninety per cent, as applicable, of~~ the scholarship amount	24414
specified in divisions (C)(1) and (2) of section 3313.978 of the	24415
Revised Code. This amount shall be proportionately reduced in the	24416
case of any such student who is not enrolled in a registered	24417
private school for the entire school year.	24418

(3) The first payment under this division shall be made by	24419
the last day of November and shall equal one-third of ~~seventy-five~~	24420
~~or ninety per cent, as applicable, of~~ the estimated total amount	24421
that will be due to the parent for the school year pursuant to	24422
division (A)(2) of this section.	24423

(B) The state superintendent, on behalf of the parents of a	24424
scholarship student enrolled in a public school in an adjacent	24425
school district pursuant to section 3327.06 of the Revised Code,	24426
shall make the tuition payments required by that section to the	24427
school district admitting the student, except that,	24428
notwithstanding sections 3323.13, 3323.14, and 3327.06 of the	24429
Revised Code, the total payments in any school year shall not	24430
exceed ~~seventy-five or ninety per cent, as applicable, of~~ the	24431
scholarship amount provided in divisions (C)(1) and (2) of section	24432
3313.978 of the Revised Code.	24433

(C) Whenever an approved provider provides tutorial	24434
assistance to a student, the state superintendent shall pay the	24435
approved provider for such costs upon receipt of a statement	24436
specifying the services provided and the costs of the services,	24437
which statement shall be signed by the provider and verified by	24438
the chief administrator having supervisory control over the	24439
tutoring site. The total payments to any approved provider under	24440
this division for all provider services to any individual student	24441
in any school year shall not exceed ~~seventy-five or ninety per~~	24442
~~cent, as applicable, of~~ the grant amount provided in division	24443
(C)(3) of section 3313.978 of the Revised Code.	24444

Sec. 3318.034. (A) This section applies to both of the	24445
following:	24446

(1) Any school district that has not executed an agreement	24447
for a project under sections 3318.01 to 3318.20 of the Revised	24448
Code prior to June 24, 2008;	24449

(2) Any school district that is eligible for additional	24450
assistance under sections 3318.01 to 3318.20 of the Revised Code	24451
pursuant to division (B)(2) of section 3318.04 of the Revised	24452
Code.	24453

Notwithstanding any provision of this chapter to the	24454
contrary, with the approval of the Ohio school facilities	24455
commission, any school district to which this section applies may	24456
opt to divide the district's entire classroom facilities needs, as	24457
those needs are jointly determined by the staff of the commission	24458
and the school district, into discrete segments and shall comply	24459
with all of the provisions of those sections unless otherwise	24460
provided in this section.	24461

(B) Except as provided in division (C) of this section, each	24462
segment shall comply with all of the following:	24463

(1) The segment shall consist of the new construction of one	24464
or more entire buildings or the complete renovation of one or more	24465
entire existing buildings, with any necessary additions to that	24466
building.	24467

(2) The segment shall not include any construction of or	24468
renovation or repair to any building that does not complete the	24469
needs of the district with respect to that particular building at	24470
the time the segment is completed.	24471

(3) The segment shall consist of new construction,	24472
renovations, additions, reconstruction, or repair of classroom	24473
facilities to the extent that the school district portion, as	24474
determined under section 3318.032 of the Revised Code, is an	24475
amount not less than the product of 0.040 times the district's	24476
valuation at the time the agreement for the segment is executed,	24477
unless the district previously has undertaken a segment under this	24478
section and the district's portion of the estimated basic project	24479
cost of the remainder of its entire classroom facilities needs, as	24480
determined jointly by the staff of the commission and the	24481
district, is less than the amount otherwise required by this	24482
division.	24483

(C) A district described in division (A)(2) of this section	24484
that has not received the additional assistance authorized under	24485
division (B)(2) of section 3318.04 of the Revised Code may	24486
undertake a segment, with commission approval, for the purpose of	24487
renovating or replacing work performed on a facility under the	24488
district's prior project. The commission may approve that segment	24489
if the commission determines that the renovation or replacement is	24490
necessary to protect the facility. The basic project cost of the	24491
segment shall be allocated between the state and the district in	24492
accordance with section 3318.032 of the Revised Code. However, the	24493
requirements of division (B) of this section shall not apply to a	24494
segment undertaken under this division.	24495

(D) The commission shall conditionally approve and seek	24496
controlling board approval in accordance with division (A) of	24497
section 3318.04 of the Revised Code of each segment.	24498

(E) ~~The school district's maintenance levy requirement, as~~	24499
~~defined in section 3318.18 of the Revised Code,~~(1) When	24500
undertaking a segment under this section, a school district may	24501
elect to prorate its full maintenance amount by setting aside for	24502
maintenance the amount calculated under division (E)(2) of this	24503
section to maintain the classroom facilities acquired under the	24504
segment, if the district will use one or more of the alternative	24505
methods authorized in sections 3318.051, 3318.052, and 3318.084 of	24506
the Revised Code to generate the entire amount calculated under	24507
that division. If the district so elects, the commission and the	24508
district shall include in the agreement entered into under section	24509
3318.08 of the Revised Code a statement specifying that the	24510
district will use the amount calculated under that division only	24511
to maintain the classroom facilities acquired under the segment.	24512

(2) The commission shall calculate the amount for a school	24513
district to maintain the classroom facilities acquired under a	24514
segment as follows:	24515

The full maintenance amount X (the school district's portion	24516
of the basic project cost for the segment / the school district's	24517
portion of the basic project cost for the district's entire	24518
classroom facilities needs, as determined jointly by the staff of	24519
the commission and the district)	24520

(3) A school district may elect to prorate its full	24521
maintenance amount for any number of segments, provided the	24522
district will use one or more of the alternative methods	24523
authorized in sections 3318.051, 3318.052, and 3318.084 of the	24524
Revised Code to generate the entire amount calculated under	24525
division (E)(2) of this section to maintain the classroom	24526
facilities acquired under each segment for which it so elects. If	24527
the district cannot use one or more of those alternative methods	24528
to generate the entire amount calculated under that division, the	24529
district shall levy the tax described in division (B) of section	24530
3318.05 of the Revised Code or an extension of that tax under	24531
section 3318.061 of the Revised Code in an amount necessary to	24532
generate the remainder of its full maintenance amount. The	24533
commission shall calculate the remainder of the district's full	24534
maintenance amount as follows:	24535

The full maintenance amount - the sum of the amounts	24536
calculated for the district under division (E)(2) of this section	24537
for each prior segment of the district's project	24538

(4) In no case shall the sum of the amounts calculated for a	24539
school district's maintenance of classroom facilities under	24540
divisions (E)(2) and (3) of this section exceed the amount that	24541
would have been required for maintenance if the district had	24542
elected to undertake its project in its entirety instead of	24543
segmenting the project under this section.	24544

(5) If a school district commenced a segment under this	24545
section prior to the effective date of this amendment but has not	24546
completed that segment, and has not levied the tax described in	24547
division (B) of section 3318.05 of the Revised Code or an	24548
extension of that tax under section 3318.061 of the Revised Code,	24549
the district may request approval from the commission to prorate	24550
its full maintenance amount in accordance with divisions (E)(1) to	24551
(4) of this section. If the commission approves the request, the	24552
commission and the district shall amend the agreement entered into	24553
under section 3318.08 of the Revised Code to reflect the change.	24554

(F) If a school district levies the tax described in division	24555
(B) of section 3318.05 of the Revised Code or an extension of that	24556
tax under section 3318.061 of the Revised Code, the tax shall run	24557
for twenty-three years from the date the ~~first~~ segment for which	24558
the tax is initially levied is undertaken~~; however, the~~. The	24559
maintenance levy requirement, as defined in section 3318.18 of the	24560
Revised Code, does not apply to a segment undertaken under	24561
division (C) of this section.	24562

(G) As used in this section, "full maintenance amount" means	24563
the amount of total revenue that a school district likely would	24564
generate by one-half mill of the tax described in division (B) of	24565
section 3318.05 of the Revised Code over the entire	24566
twenty-three-year period required under that section, as	24567
determined by the commission in consultation with the department	24568
of taxation.	24569

Sec. 3318.08. Except in the case of a joint vocational	24570
school district that receives assistance under sections 3318.40 to	24571
3318.45 of the Revised Code, if the requisite favorable vote on	24572
the election is obtained, or if the school district board has	24573
resolved to apply the proceeds of a property tax levy or the	24574
proceeds of an income tax, or a combination of proceeds from such	24575
taxes, as authorized in section 3318.052 of the Revised Code, the	24576
Ohio school facilities commission, upon certification to it of	24577
either the results of the election or the resolution under section	24578
3318.052 of the Revised Code, shall enter into a written agreement	24579
with the school district board for the construction and sale of	24580
the project. In the case of a joint vocational school district	24581
that receives assistance under sections 3318.40 to 3318.45 of the	24582
Revised Code, if the school district board of education and the	24583
school district electors have satisfied the conditions prescribed	24584
in division (D)(1) of section 3318.41 of the Revised Code, the	24585
commission shall enter into an agreement with the school district	24586
board for the construction and sale of the project. In either	24587
case, the agreement shall include, but need not be limited to, the	24588
following provisions:	24589

(A) The sale and issuance of bonds or notes in anticipation	24590
thereof, as soon as practicable after the execution of the	24591
agreement, in an amount equal to the school district's portion of	24592
the basic project cost, including any securities authorized under	24593
division (J) of section 133.06 of the Revised Code and dedicated	24594
by the school district board to payment of the district's portion	24595
of the basic project cost of the project; provided, that if at	24596
that time the county treasurer of each county in which the school	24597
district is located has not commenced the collection of taxes on	24598
the general duplicate of real and public utility property for the	24599
year in which the controlling board approved the project, the	24600
school district board shall authorize the issuance of a first	24601
installment of bond anticipation notes in an amount specified by	24602
the agreement, which amount shall not exceed an amount necessary	24603
to raise the net bonded indebtedness of the school district as of	24604
the date of the controlling board's approval to within five	24605
thousand dollars of the required level of indebtedness for the	24606
preceding year. In the event that a first installment of bond	24607
anticipation notes is issued, the school district board shall, as	24608
soon as practicable after the county treasurer of each county in	24609
which the school district is located has commenced the collection	24610
of taxes on the general duplicate of real and public utility	24611
property for the year in which the controlling board approved the	24612
project, authorize the issuance of a second and final installment	24613
of bond anticipation notes or a first and final issue of bonds.	24614

The combined value of the first and second installment of	24615
bond anticipation notes or the value of the first and final issue	24616
of bonds shall be equal to the school district's portion of the	24617
basic project cost. The proceeds of any such bonds shall be used	24618
first to retire any bond anticipation notes. Otherwise, the	24619
proceeds of such bonds and of any bond anticipation notes, except	24620
the premium and accrued interest thereon, shall be deposited in	24621
the school district's project construction fund. In determining	24622
the amount of net bonded indebtedness for the purpose of fixing	24623
the amount of an issue of either bonds or bond anticipation notes,	24624
gross indebtedness shall be reduced by moneys in the bond	24625
retirement fund only to the extent of the moneys therein on the	24626
first day of the year preceding the year in which the controlling	24627
board approved the project. Should there be a decrease in the tax	24628
valuation of the school district so that the amount of	24629
indebtedness that can be incurred on the tax duplicates for the	24630
year in which the controlling board approved the project is less	24631
than the amount of the first installment of bond anticipation	24632
notes, there shall be paid from the school district's project	24633
construction fund to the school district's bond retirement fund to	24634
be applied against such notes an amount sufficient to cause the	24635
net bonded indebtedness of the school district, as of the first	24636
day of the year following the year in which the controlling board	24637
approved the project, to be within five thousand dollars of the	24638
required level of indebtedness for the year in which the	24639
controlling board approved the project. The maximum amount of	24640
indebtedness to be incurred by any school district board as its	24641
share of the cost of the project is either an amount that will	24642
cause its net bonded indebtedness, as of the first day of the year	24643
following the year in which the controlling board approved the	24644
project, to be within five thousand dollars of the required level	24645
of indebtedness, or an amount equal to the required percentage of	24646
the basic project costs, whichever is greater. All bonds and bond	24647
anticipation notes shall be issued in accordance with Chapter 133.	24648
of the Revised Code, and notes may be renewed as provided in	24649
section 133.22 of the Revised Code.	24650

(B) The transfer of such funds of the school district board	24651
available for the project, together with the proceeds of the sale	24652
of the bonds or notes, except premium, accrued interest, and	24653
interest included in the amount of the issue, to the school	24654
district's project construction fund;	24655

(C) For all school districts except joint vocational school	24656
districts that receive assistance under sections 3318.40 to	24657
3318.45 of the Revised Code, the following provisions as	24658
applicable:	24659

(1) If section 3318.052 of the Revised Code applies, the	24660
earmarking of the proceeds of a tax levied under section 5705.21	24661
of the Revised Code for general permanent improvements or under	24662
section 5705.218 of the Revised Code for the purpose of permanent	24663
improvements, or the proceeds of a school district income tax	24664
levied under Chapter 5748. of the Revised Code, or the proceeds	24665
from a combination of those two taxes, in an amount to pay all or	24666
part of the service charges on bonds issued to pay the school	24667
district portion of the project and an amount equivalent to all or	24668
part of the tax required under division (B) of section 3318.05 of	24669
the Revised Code;	24670

(2) If section 3318.052 of the Revised Code does not apply,	24671
one of the following:	24672

(a) The levy of the tax authorized at the election for the	24673
payment of maintenance costs, as specified in division (B) of	24674
section 3318.05 of the Revised Code;	24675

(b) If the school district electors have approved a	24676
continuing tax for general permanent improvements under section	24677
5705.21 of the Revised Code and that tax can be used for	24678
maintenance, the earmarking of an amount of the proceeds from such	24679
tax for maintenance of classroom facilities as specified in	24680
division (B) of section 3318.05 of the Revised Code;	24681

(c) If, in lieu of the tax otherwise required under division	24682
(B) of section 3318.05 of the Revised Code, the commission has	24683
approved the transfer of money to the maintenance fund in	24684
accordance with section 3318.051 of the Revised Code, a	24685
requirement that the district board comply with the provisions	24686
that section. The district board may rescind the provision	24687
prescribed under division (C)(2)(c) of this section only so long	24688
as the electors of the district have approved, in accordance with	24689
section 3318.063 of the Revised Code, the levy of a tax for the	24690
maintenance of the classroom facilities acquired under the	24691
district's project and that levy continues to be collected as	24692
approved by the electors.	24693

(D) For joint vocational school districts that receive	24694
assistance under sections 3318.40 to 3318.45 of the Revised Code,	24695
provision for deposit of school district moneys dedicated to	24696
maintenance of the classroom facilities acquired under those	24697
sections as prescribed in section 3318.43 of the Revised Code;	24698

(E) Dedication of any local donated contribution as provided	24699
for under section 3318.084 of the Revised Code, including a	24700
schedule for depositing such moneys applied as an offset of the	24701
district's obligation to levy the tax described in division (B) of	24702
section 3318.05 of the Revised Code as required under division	24703
(D)(2) of section 3318.084 of the Revised Code;	24704

(F) Ownership of or interest in the project during the period	24705
of construction, which shall be divided between the commission and	24706
the school district board in proportion to their respective	24707
contributions to the school district's project construction fund;	24708

(G) Maintenance of the state's interest in the project until	24709
any obligations issued for the project under section 3318.26 of	24710
the Revised Code are no longer outstanding;	24711

(H) The insurance of the project by the school district from	24712
the time there is an insurable interest therein and so long as the	24713
state retains any ownership or interest in the project pursuant to	24714
division (F) of this section, in such amounts and against such	24715
risks as the commission shall require; provided, that the cost of	24716
any required insurance until the project is completed shall be a	24717
part of the basic project cost;	24718

(I) The certification by the director of budget and	24719
management that funds are available and have been set aside to	24720
meet the state's share of the basic project cost as approved by	24721
the controlling board pursuant to either section 3318.04 or	24722
division (B)(1) of section 3318.41 of the Revised Code;	24723

(J) Authorization of the school district board to advertise	24724
for and receive construction bids for the project, for and on	24725
behalf of the commission, and to award contracts in the name of	24726
the state subject to approval by the commission;	24727

(K) Provisions for the disbursement of moneys from the school	24728
district's project account upon issuance by the commission or the	24729
commission's designated representative of vouchers for work done	24730
to be certified to the commission by the treasurer of the school	24731
district board;	24732

(L) Disposal of any balance left in the school district's	24733
project construction fund upon completion of the project;	24734

(M) Limitations upon use of the project or any part of it so	24735
long as any obligations issued to finance the project under	24736
section 3318.26 of the Revised Code are outstanding;	24737

(N) Provision for vesting the state's interest in the project	24738
to the school district board when the obligations issued to	24739
finance the project under section 3318.26 of the Revised Code are	24740
outstanding;	24741

(O) Provision for deposit of an executed copy of the	24742
agreement in the office of the commission;	24743

(P) Provision for termination of the contract and release of	24744
the funds encumbered at the time of the conditional approval, if	24745
the proceeds of the sale of the bonds of the school district board	24746
are not paid into the school district's project construction fund	24747
and if bids for the construction of the project have not been	24748
taken within such period after the execution of the agreement as	24749
may be fixed by the commission;	24750

(Q) Provision for the school district to maintain the project	24751
in accordance with a plan approved by the commission;	24752

(R) Provision that all state funds reserved and encumbered to	24753
pay the state share of the cost of the project and the funds	24754
provided by the school district to pay for its share of the	24755
project cost, including the respective shares of the cost of a	24756
segment if the project is divided into segments, be spent on the	24757
construction and acquisition of the project or segment	24758
simultaneously in proportion to the state's and the school	24759
district's respective shares of that basic project cost as	24760
determined under section 3318.032 of the Revised Code or, if the	24761
district is a joint vocational school district, under section	24762
3318.42 of the Revised Code. However, if the school district	24763
certifies to the commission that expenditure by the school	24764
district is necessary to maintain the federal tax status or	24765
tax-exempt status of notes or bonds issued by the school district	24766
to pay for its share of the project cost or to comply with	24767
applicable temporary investment periods or spending exceptions to	24768
rebate as provided for under federal law in regard to those notes	24769
or bonds, the school district may commit to spend, or spend, a	24770
greater portion of the funds it provides during any specific	24771
period than would otherwise be required under this division.	24772

(S) A provision stipulating that the commission may prohibit	24773
the district from proceeding with any project if the commission	24774
determines that the site is not suitable for construction	24775
purposes. The commission may perform soil tests in its	24776
determination of whether a site is appropriate for construction	24777
purposes.	24778

(T) A provision stipulating that, unless otherwise authorized	24779
by the commission, any contingency reserve portion of the	24780
construction budget prescribed by the commission shall be used	24781
only to pay costs resulting from unforeseen job conditions, to	24782
comply with rulings regarding building and other codes, to pay	24783
costs related to design clarifications or corrections to contract	24784
documents, and to pay the costs of settlements or judgments	24785
related to the project as provided under section 3318.086 of the	24786
Revised Code;	24787

(U) Provision stipulating that for continued release of	24788
project funds the school district board shall comply with section	24789
3313.41 of the Revised Code throughout the project and shall	24790
notify the department of education and the Ohio community school	24791
association when the board plans to dispose of facilities by sale	24792
under that section;	24793

(V) Provision that the commission shall not approve a	24794
contract for demolition of a facility until the school district	24795
board has complied with section 3313.41 of the Revised Code	24796
relative to that facility, unless demolition of that facility is	24797
to clear a site for construction of a replacement facility	24798
included in the district's project;	24799

(W) A requirement for the school district to adhere to a	24800
facilities maintenance plan approved by the commission.	24801

Sec. 3318.10. When such working drawings, specifications,	24802
and estimates of cost have been approved by the school district	24803
board and the Ohio school facilities commission, the treasurer of	24804
the school district board shall advertise for construction bids in	24805
accordance with section 3313.46 of the Revised Code. Such notices	24806
shall state that plans and specifications for the project are on	24807
file in the office of the commission and such other place as may	24808
be designated in such notice, and the time and place when and	24809
where bids therefor will be received.	24810

The form of proposal to be submitted by bidders shall be	24811
supplied by the commission. Bidders may be permitted to bid upon	24812
all the branches of work and materials to be furnished and	24813
supplied, upon any branch thereof, or upon all or any thereof.	24814

When the construction bids for all branches of work and	24815
materials have been tabulated, the commission shall cause to be	24816
prepared a revised estimate of the basic project cost based upon	24817
the lowest responsible bids received. If such revised estimate	24818
exceeds the estimated basic project cost as approved by the	24819
controlling board pursuant to section 3318.04 or division (B)(1)	24820
of section 3318.41 of the Revised Code, no contracts may be	24821
entered into pursuant to this section unless such revised estimate	24822
is approved by the commission and by the controlling board. When	24823
such revised estimate has been prepared, and after such approvals	24824
are given, if necessary, and if the school district board has	24825
caused to be transferred to the project construction fund the	24826
proceeds from the sale of the first or first and final installment	24827
of its bonds or bond anticipation notes pursuant to the provision	24828
of the written agreement required by division (B) of section	24829
3318.08 of the Revised Code, and when the director of budget and	24830
management has certified that there is a balance in the	24831
appropriation, not otherwise obligated to pay precedent	24832
obligations, pursuant to which the state's share of such revised	24833
estimate is required to be paid, the contract for all branches of	24834
work and materials to be furnished and supplied, or for any branch	24835
thereof as determined by the school district board, shall be	24836
awarded by the school district board to the lowest responsible	24837
bidder subject to the approval of the commission. Such award shall	24838
be made within sixty days after the date on which the bids are	24839
opened, and the successful bidder shall enter into a contract	24840
within ten days after the successful bidder is notified of the	24841
award of the contract.	24842

Subject to the approval of the commission, the school	24843
district board may reject all bids and readvertise. Any contract	24844
made under this section shall be made in the name of the state and	24845
executed on its behalf by the president and treasurer of the	24846
school district board.	24847

The provisions of sections 9.312 and 3313.46 of the Revised	24848
Code, which are applicable to construction contracts of boards of	24849
education, shall apply to construction contracts for the project.	24850

The remedies afforded to any subcontractor, materials	24851
supplier, laborer, mechanic, or persons furnishing material or	24852
machinery for the project under sections 1311.26 to 1311.32 of the	24853
Revised Code, shall apply to contracts entered into under this	24854
section and the itemized statement required by section 1311.26 of	24855
the Revised Code shall be filed with the school district board.	24856

Notwithstanding any other requirement of this section, a	24857
school district, with the approval of the commission, may utilize	24858
any otherwise lawful alternative construction delivery method for	24859
the construction of the project.	24860

Sec. 3318.30. (A) There is hereby created the Ohio school	24861
facilities commission as an independent agency of the state within	24862
the Ohio facilities construction commission, which is created	24863
under section 123.20 of the Revised Code. The Ohio school	24864
facilities commission shall administer the provision of financial	24865
assistance to school districts for the acquisition or construction	24866
of classroom facilities in accordance with sections 3318.01 to	24867
3318.33 of the Revised Code.	24868

The Ohio school facilities commission is a body corporate and	24869
politic, an agency of state government and an instrumentality of	24870
the state, performing essential governmental functions of this	24871
state. The carrying out of the purposes and the exercise by the	24872
Ohio school facilities commission of its powers conferred by	24873
sections 3318.01 to 3318.33 of the Revised Code are essential	24874
public functions and public purposes of the state. The Ohio school	24875
facilities commission may, in its own name, sue and be sued, enter	24876
into contracts, and perform all the powers and duties given to it	24877
by sections 3318.01 to 3318.33 of the Revised Code, but it does	24878
not have and shall not exercise the power of eminent domain. In	24879
its discretion and as it determines appropriate, the Ohio school	24880
facilities commission may delegate to any of its members,	24881
executive director, or other employees any of the Ohio school	24882
facilities commission's powers and duties to carry out its	24883
functions.	24884

(B) The Ohio school facilities commission shall consist of	24885
seven members, three of whom are voting members. The voting	24886
members of the Ohio school facilities commission shall be the	24887
director of the office of budget and management, the director of	24888
administrative services, and the superintendent of public	24889
instruction, or their designees. Of the nonvoting members, two	24890
shall be members of the senate appointed by the president of the	24891
senate, and two shall be members of the house of representatives	24892
appointed by the speaker of the house. Each of the appointees of	24893
the president, and each of the appointees of the speaker, shall be	24894
members of different political parties.	24895

Nonvoting members shall serve as members of the Ohio school	24896
facilities commission during the legislative biennium for which	24897
they are appointed, except that any such member who ceases to be a	24898
member of the legislative house from which the member was	24899
appointed shall cease to be a member of the Ohio school facilities	24900
commission. Each nonvoting member shall be appointed within	24901
thirty-one days of the end of the term of that member's	24902
predecessor. Such members may be reappointed. Vacancies of	24903
nonvoting members shall be filled in the manner provided for	24904
original appointments.	24905

Members of the Ohio school facilities commission shall serve	24906
without compensation.	24907

After the initial nonvoting members of the Ohio school	24908
facilities commission have been appointed, the Ohio school	24909
facilities commission shall meet and organize by electing voting	24910
members as the chairperson and vice-chairperson of the Ohio school	24911
facilities commission, who shall hold their offices until the next	24912
organizational meeting of the Ohio school facilities commission.	24913
Organizational meetings of the Ohio school facilities commission	24914
shall be held at the first meeting of each calendar year. At each	24915
organizational meeting, the Ohio school facilities commission	24916
shall elect from among its voting members a chairperson and	24917
vice-chairperson, who shall serve until the next annual	24918
organizational meeting. The Ohio school facilities commission	24919
shall adopt rules pursuant to section 111.15 of the Revised Code	24920
for the conduct of its internal business and shall keep a journal	24921
of its proceedings. Including the organizational meeting, the Ohio	24922
school facilities commission shall meet at least once each	24923
calendar quarter.	24924

Two voting members of the Ohio school facilities commission	24925
constitute a quorum, and the affirmative vote of two members is	24926
necessary for approval of any action taken by the Ohio school	24927
facilities commission. A vacancy in the membership of the Ohio	24928
school facilities commission does not impair a quorum from	24929
exercising all the rights and performing all the duties of the	24930
Ohio school facilities commission. Meetings of the Ohio school	24931
facilities commission may be held anywhere in the state and shall	24932
be held in compliance with section 121.22 of the Revised Code.	24933

(C) The Ohio school facilities commission shall file an	24934
annual report of its activities and finances with the governor,	24935
speaker of the house of representatives, president of the senate,	24936
and chairpersons of the house and senate finance committees.	24937

(D) The Ohio school facilities commission shall be exempt	24938
from the requirements of sections 101.82 to 101.87 of the Revised	24939
Code.	24940

(E) The Ohio school facilities commission may share employees	24941
and facilities with the Ohio facilities construction commission.	24942

Sec. 3318.31. (A) The Ohio school facilities commission may	24943
perform any act and ensure the performance of any function	24944
necessary or appropriate to carry out the purposes of, and	24945
exercise the powers granted under, Chapter 3318. of the Revised	24946
Code, including any of the following:	24947

(1) Adopt, amend, and rescind, pursuant to section 111.15 of	24948
the Revised Code, rules for the administration of programs	24949
authorized under Chapter 3318. of the Revised Code.	24950

(2) Contract with, retain the services of, or designate, and	24951
fix the compensation of, such agents, accountants, consultants,	24952
advisers, and other independent contractors as may be necessary or	24953
desirable to carry out the programs authorized under Chapter 3318.	24954
of the Revised Code, or authorize the executive director to	24955
perform such powers and duties.	24956

(3) Receive and accept any gifts, grants, donations, and	24957
pledges, and receipts therefrom, to be used for the programs	24958
authorized under Chapter 3318. of the Revised Code.	24959

(4) Make and enter into all contracts, commitments, and	24960
agreements, and execute all instruments, necessary or incidental	24961
to the performance of its duties and the execution of its rights	24962
and powers under Chapter 3318. of the Revised Code, or authorize	24963
the executive director to perform such powers and duties.	24964

(5) Request the ~~director of administrative services~~Ohio	24965
facilities construction commission to debar a contractor as	24966
provided in section 153.02 of the Revised Code.	24967

(B) The Ohio school facilities commission shall appoint and	24968
fix the compensation of an executive director who shall serve at	24969
the pleasure of the Ohio school facilities commission. The	24970
executive director shall exercise all powers that the Ohio school	24971
facilities commission possesses, supervise the operations of the	24972
Ohio school facilities commission and perform such other duties as	24973
delegated by the Ohio school facilities commission. The executive	24974
director also shall employ and fix the compensation of such	24975
employees as will facilitate the activities and purposes of the	24976
Ohio school facilities commission, who shall serve at the pleasure	24977
of the executive director. The employees of the Ohio school	24978
facilities commission shall be exempt from Chapter 4117. of the	24979
Revised Code and shall not be public employees as defined in	24980
section 4117.01 of the Revised Code. Any agreement entered into	24981
prior to July 1, 2012, between the office of collective bargaining	24982
and the exclusive representative for employees of the commission	24983
is binding and shall continue to have effect.	24984

(C) The Ohio school facilities commission may adopt, amend,	24985
and rescind rules pertaining to the administration of the	24986
construction of school facilities of the state under Chapter 119.	24987
of the Revised Code.	24988

(D) The attorney general shall serve as the legal	24989
representative for the Ohio school facilities commission and may	24990
appoint other counsel as necessary for that purpose in accordance	24991
with section 109.07 of the Revised Code.	24992

Sec. 3318.37. (A)(1) As used in this section:

24993

(a) "Full maintenance amount" has the same meaning as in	24994
section 3318.034 of the Revised Code.	24995

(b) "Large land area school district" means a school district	24996
with a territory of greater than three hundred square miles in any	24997
percentile as determined under section 3318.011 of the Revised	24998
Code.	24999

~~(b)~~(c) "Low wealth school district" means a school district	25000
in the first through seventy-fifth percentiles as determined under	25001
section 3318.011 of the Revised Code.	25002

~~(c)~~(d) A "school district with an exceptional need for	25003
immediate classroom facilities assistance" means a low wealth or	25004
large land area school district with an exceptional need for new	25005
facilities in order to protect the health and safety of all or a	25006
portion of its students.	25007

(2) No school district that participates in the school	25008
building assistance expedited local partnership program under	25009
section 3318.36 of the Revised Code shall receive assistance under	25010
the program established under this section unless the following	25011
conditions are satisfied:	25012

(a) The district board adopted a resolution certifying its	25013
intent to participate in the school building assistance expedited	25014
local partnership program under section 3318.36 of the Revised	25015
Code prior to September 14, 2000.	25016

(b) The district was selected by the Ohio school facilities	25017
commission for participation in the school building assistance	25018
expedited local partnership program under section 3318.36 of the	25019
Revised Code in the manner prescribed by the commission under that	25020
section as it existed prior to September 14, 2000.	25021

(B)(1) There is hereby established the exceptional needs	25022
school facilities assistance program. Under the program, the Ohio	25023
school facilities commission may set aside from the moneys	25024
annually appropriated to it for classroom facilities assistance	25025
projects up to twenty-five per cent for assistance to school	25026
districts with exceptional needs for immediate classroom	25027
facilities assistance.	25028

(2)(a) After consulting with education and construction	25029
experts, the commission shall adopt guidelines for identifying	25030
school districts with an exceptional need for immediate classroom	25031
facilities assistance.	25032

(b) The guidelines shall include application forms and	25033
instructions for school districts to use in applying for	25034
assistance under this section.	25035

(3) The commission shall evaluate the classroom facilities,	25036
and the need for replacement classroom facilities from the	25037
applications received under this section. The commission,	25038
utilizing the guidelines adopted under division (B)(2)(a) of this	25039
section, shall prioritize the school districts to be assessed.	25040

Notwithstanding section 3318.02 of the Revised Code, the	25041
commission may conduct on-site evaluation of the school districts	25042
prioritized under this section and approve and award funds until	25043
such time as all funds set aside under division (B)(1) of this	25044
section have been encumbered. However, the commission need not	25045
conduct the evaluation of facilities if the commission determines	25046
that a district's assessment conducted under section 3318.36 of	25047
the Revised Code is sufficient for purposes of this section.	25048

(4) Notwithstanding division (A) of section 3318.05 of the	25049
Revised Code, the school district's portion of the basic project	25050
cost under this section shall be the "required percentage of the	25051
basic project costs," as defined in division (K) of section	25052
3318.01 of the Revised Code.	25053

(5) Except as otherwise specified in this section, any	25054
project undertaken with assistance under this section shall comply	25055
with all provisions of sections 3318.01 to 3318.20 of the Revised	25056
Code. A school district may receive assistance under sections	25057
3318.01 to 3318.20 of the Revised Code for the remainder of the	25058
district's classroom facilities needs as assessed under this	25059
section when the district is eligible for such assistance pursuant	25060
to section 3318.02 of the Revised Code, but any classroom facility	25061
constructed with assistance under this section shall not be	25062
included in a district's project at that time unless the	25063
commission determines the district has experienced the increased	25064
enrollment specified in division (B)(1) of section 3318.04 of the	25065
Revised Code.	25066

(C) No school district shall receive assistance under this	25067
section for a classroom facility that has been included in the	25068
discrete part of the district's classroom facilities needs	25069
identified and addressed in the district's project pursuant to an	25070
agreement entered into under section 3318.36 of the Revised Code,	25071
unless the district's entire classroom facilities plan consists of	25072
only a single building designed to house grades kindergarten	25073
through twelve.	25074

(D)(1) When undertaking a project under this section, a	25075
school district may elect to prorate its full maintenance amount	25076
by setting aside for maintenance the amount calculated under	25077
division (D)(2) of this section to maintain the classroom	25078
facilities acquired under the project, if the district will use	25079
one or more of the alternative methods authorized in sections	25080
3318.051, 3318.052, and 3318.084 of the Revised Code to generate	25081
the entire amount calculated under that division. If the district	25082
so elects, the commission and the district shall include in the	25083
agreement entered into under section 3318.08 of the Revised Code a	25084
statement specifying that the district will use the amount	25085
calculated under that division only to maintain the classroom	25086
facilities acquired under the project under this section.	25087

(2) The commission shall calculate the amount for a school	25088
district to maintain the classroom facilities acquired under a	25089
project under this section as follows:	25090

The full maintenance amount X (the school district's portion	25091
of the basic project cost under this section / the school	25092
district's portion of the basic project cost for the district's	25093
entire classroom facilities needs, as determined jointly by the	25094
staff of the commission and the district)	25095

(3) A school district may elect to prorate its full	25096
maintenance amount for any number of projects under this section,	25097
provided the district will use one or more of the alternative	25098
methods authorized in sections 3318.051, 3318.052, and 3318.084 of	25099
the Revised Code to generate the entire amount calculated under	25100
division (D)(2) of this section to maintain the classroom	25101
facilities acquired under each project for which it so elects. If	25102
the district cannot use one or more of those alternative methods	25103
to generate the entire amount calculated under that division, the	25104
district shall levy the tax described in division (B) of section	25105
3318.05 of the Revised Code or an extension of that tax under	25106
section 3318.061 of the Revised Code in an amount necessary to	25107
generate the remainder of its full maintenance amount. The	25108
commission shall calculate the remainder of the district's full	25109
maintenance amount as follows:	25110

The full maintenance amount - the sum of the amounts	25111
calculated for the district under division (D)(2) of this section	25112
for each of the district's prior projects under this section	25113

(4) In no case shall the sum of the amounts calculated for a	25114
school district's maintenance of classroom facilities under	25115
divisions (D)(2) and (3) of this section exceed the amount that	25116
would have been required for maintenance if the district had	25117
elected to meet its entire classroom facilities needs with a	25118
project under sections 3318.01 to 3318.20 of the Revised Code and	25119
had not undertaken one or more projects under this section.	25120

(5) If a school district commenced a project under this	25121
section prior to the effective date of this amendment but has not	25122
completed that project, and has not levied the tax described in	25123
division (B) of section 3318.05 of the Revised Code or an	25124
extension of that tax under section 3318.061 of the Revised Code,	25125
the district may request approval from the commission to prorate	25126
its full maintenance amount in accordance with divisions (D)(1) to	25127
(4) of this section. If the commission approves the request, the	25128
commission and the district shall amend the agreement entered into	25129
under section 3318.08 of the Revised Code to reflect the change.	25130

Sec. 3333.04. The chancellor of the Ohio board of regents	25131
shall:	25132

(A) Make studies of state policy in the field of higher	25133
education and formulate a master plan for higher education for the	25134
state, considering the needs of the people, the needs of the	25135
state, and the role of individual public and private institutions	25136
within the state in fulfilling these needs;	25137

(B)(1) Report annually to the governor and the general	25138
assembly on the findings from the chancellor's studies and the	25139
master plan for higher education for the state;	25140

(2) Report at least semiannually to the general assembly and	25141
the governor the enrollment numbers at each state-assisted	25142
institution of higher education.	25143

(C) Approve or disapprove the establishment of new branches	25144
or academic centers of state colleges and universities;	25145

(D) Approve or disapprove the establishment of state	25146
technical colleges or any other state institution of higher	25147
education;	25148

(E) Recommend the nature of the programs, undergraduate,	25149
graduate, professional, state-financed research, and public	25150
services which should be offered by the state colleges,	25151
universities, and other state-assisted institutions of higher	25152
education in order to utilize to the best advantage their	25153
facilities and personnel;	25154

(F) Recommend to the state colleges, universities, and other	25155
state-assisted institutions of higher education graduate or	25156
professional programs, including, but not limited to, doctor of	25157
philosophy, doctor of education, and juris doctor programs, that	25158
could be eliminated because they constitute unnecessary	25159
duplication, as shall be determined using the process developed	25160
pursuant to this division, or for other good and sufficient cause.	25161
Prior to recommending a program for elimination, the chancellor	25162
shall request the board of regents to hold at least one public	25163
hearing on the matter and advise the chancellor on whether the	25164
program should be recommended for elimination. The board shall	25165
provide notice of each hearing within a reasonable amount of time	25166
prior to its scheduled date. Following the hearing, the board	25167
shall issue a recommendation to the chancellor. The chancellor	25168
shall consider the board's recommendation but shall not be	25169
required to accept it.	25170

For purposes of determining the amounts of any state	25171
instructional subsidies paid to state colleges, universities, and	25172
other state-assisted institutions of higher education, the	25173
chancellor may exclude students enrolled in any program that the	25174
chancellor has recommended for elimination pursuant to this	25175
division except that the chancellor shall not exclude any such	25176
student who enrolled in the program prior to the date on which the	25177
chancellor initially commences to exclude students under this	25178
division.	25179

The chancellor and state colleges, universities, and other	25180
state-assisted institutions of higher education shall jointly	25181
develop a process for determining which existing graduate or	25182
professional programs constitute unnecessary duplication.	25183

(G) Recommend to the state colleges, universities, and other	25184
state-assisted institutions of higher education programs which	25185
should be added to their present programs;	25186

(H) Conduct studies for the state colleges, universities, and	25187
other state-assisted institutions of higher education to assist	25188
them in making the best and most efficient use of their existing	25189
facilities and personnel;	25190

(I) Make recommendations to the governor and general assembly	25191
concerning the development of state-financed capital plans for	25192
higher education; the establishment of new state colleges,	25193
universities, and other state-assisted institutions of higher	25194
education; and the establishment of new programs at the existing	25195
state colleges, universities, and other institutions of higher	25196
education;	25197

(J) Review the appropriation requests of the public community	25198
colleges and the state colleges and universities and submit to the	25199
office of budget and management and to the chairpersons of the	25200
finance committees of the house of representatives and of the	25201
senate the chancellor's recommendations in regard to the biennial	25202
higher education appropriation for the state, including	25203
appropriations for the individual state colleges and universities	25204
and public community colleges. For the purpose of determining the	25205
amounts of instructional subsidies to be paid to state-assisted	25206
colleges and universities, the chancellor shall define "full-time	25207
equivalent student" by program per academic year. The definition	25208
may take into account the establishment of minimum enrollment	25209
levels in technical education programs below which support	25210
allowances will not be paid. Except as otherwise provided in this	25211
section, the chancellor shall make no change in the definition of	25212
"full-time equivalent student" in effect on November 15, 1981,	25213
which would increase or decrease the number of subsidy-eligible	25214
full-time equivalent students, without first submitting a fiscal	25215
impact statement to the president of the senate, the speaker of	25216
the house of representatives, the legislative service commission,	25217
and the director of budget and management. The chancellor shall	25218
work in close cooperation with the director of budget and	25219
management in this respect and in all other matters concerning the	25220
expenditures of appropriated funds by state colleges,	25221
universities, and other institutions of higher education.	25222

(K) Seek the cooperation and advice of the officers and	25223
trustees of both public and private colleges, universities, and	25224
other institutions of higher education in the state in performing	25225
the chancellor's duties and making the chancellor's plans,	25226
studies, and recommendations;	25227

(L) Appoint advisory committees consisting of persons	25228
associated with public or private secondary schools, members of	25229
the state board of education, or personnel of the state department	25230
of education;	25231

(M) Appoint advisory committees consisting of college and	25232
university personnel, or other persons knowledgeable in the field	25233
of higher education, or both, in order to obtain their advice and	25234
assistance in defining and suggesting solutions for the problems	25235
and needs of higher education in this state;	25236

(N) Approve or disapprove all new degrees and new degree	25237
programs at all state colleges, universities, and other	25238
state-assisted institutions of higher education;	25239

(O) Adopt such rules as are necessary to carry out the	25240
chancellor's duties and responsibilities. The rules shall	25241
prescribe procedures for the chancellor to follow when taking	25242
actions associated with the chancellor's duties and	25243
responsibilities and shall indicate which types of actions are	25244
subject to those procedures. The procedures adopted under this	25245
division shall be in addition to any other procedures prescribed	25246
by law for such actions. However, if any other provision of the	25247
Revised Code or rule adopted by the chancellor prescribes	25248
different procedures for such an action, the procedures adopted	25249
under this division shall not apply to that action to the extent	25250
they conflict with the procedures otherwise prescribed by law. The	25251
procedures adopted under this division shall include at least the	25252
following:	25253

(1) Provision for public notice of the proposed action;

25254

(2) An opportunity for public comment on the proposed action,	25255
which may include a public hearing on the action by the board of	25256
regents;	25257

(3) Methods for parties that may be affected by the proposed	25258
action to submit comments during the public comment period;	25259

(4) Submission of recommendations from the board of regents	25260
regarding the proposed action, at the request of the chancellor;	25261

(5) Written publication of the final action taken by the	25262
chancellor and the chancellor's rationale for the action;	25263

(6) A timeline for the process described in divisions (O)(1)	25264
to (5) of this section.	25265

(P) ~~Establish and submit to the governor and the general~~	25266
~~assembly a clear and measurable set of goals and timetables for~~	25267
~~their achievement for each program under the chancellor's~~	25268
~~supervision that is designed to accomplish any of the following:~~	25269

~~(1) Increased access to higher education;~~

25270

~~(2) Job training;~~

25271

~~(3) Adult literacy;~~

25272

~~(4) Research;~~

25273

~~(5) Excellence in higher education;~~

25274

~~(6) Reduction in the number of graduate programs within the~~	25275
~~same subject area.~~	25276

~~In July of each odd-numbered year, the chancellor shall~~	25277
~~submit to the governor and the general assembly a report on~~	25278
~~progress made toward these goals.~~	25279

~~(Q)~~ Make recommendations to the governor and the general	25280
assembly regarding the design and funding of the student financial	25281
aid programs specified in sections 3333.12, 3333.122, 3333.21 to	25282
3333.26, and 5910.02 of the Revised Code;	25283

~~(R)~~(Q) Participate in education-related state or federal	25284
programs on behalf of the state and assume responsibility for the	25285
administration of such programs in accordance with applicable	25286
state or federal law;	25287

~~(S)~~(R) Adopt rules for student financial aid programs as	25288
required by sections 3333.12, 3333.122, 3333.21 to 3333.26,	25289
3333.28, and 5910.02 of the Revised Code, and perform any other	25290
administrative functions assigned to the chancellor by those	25291
sections;	25292

~~(T)~~(S) Conduct enrollment audits of state-supported	25293
institutions of higher education;	25294

~~(U)~~(T) Appoint consortia of college and university personnel	25295
to advise or participate in the development and operation of	25296
statewide collaborative efforts, including the Ohio supercomputer	25297
center, the Ohio academic resources network, OhioLink, and the	25298
Ohio learning network. For each consortium, the chancellor shall	25299
designate a college or university to serve as that consortium's	25300
fiscal agent, financial officer, and employer. Any funds	25301
appropriated for the consortia shall be distributed to the fiscal	25302
agents for the operation of the consortia. A consortium shall	25303
follow the rules of the college or university that serves as its	25304
fiscal agent. The chancellor may restructure existing consortia,	25305
appointed under this division, in accordance with procedures	25306
adopted under divisions ~~(D)~~(O)(1) to (6) of this section.	25307

~~(V)~~(U) Adopt rules establishing advisory duties and	25308
responsibilities of the board of regents not otherwise prescribed	25309
by law;	25310

~~(W)~~(V) Respond to requests for information about higher	25311
education from members of the general assembly and direct staff to	25312
conduct research or analysis as needed for this purpose.	25313

Sec. 3333.041. (A) On or before the last day of December of	25314
each year, the chancellor of the Ohio board of regents shall	25315
submit ~~a report~~ to the governor and, in accordance with section	25316
101.68 of the Revised Code, the general assembly~~, the state board~~	25317
~~of education, and the board of education of each city, exempted~~	25318
~~village, and local school district on the~~a report or reports	25319
concerning all of the following:	25320

(1) The status of graduates of Ohio school districts at	25321
~~state-assisted colleges or universities~~state institutions of	25322
higher education during the twelve-month period ending on the	25323
thirtieth day of September of the current calendar year. The	25324
report shall list, by school district, the number of graduates of	25325
each school district who attended ~~such~~ a ~~college or university~~	25326
state institution of higher education and the percentage of each	25327
district's graduates enrolled in ~~such~~ a ~~college or university~~	25328
state institution of higher education during the reporting period	25329
who were required during such period by the college or university,	25330
as a prerequisite to enrolling in those courses generally required	25331
for first-year students, to enroll in a remedial course in	25332
English, including composition or reading, mathematics, and any	25333
other area designated by the ~~board~~chancellor. The chancellor also	25334
shall make the information described in division (A)(1) of this	25335
section available to the board of education of each city, exempted	25336
village, and local school district.	25337

Each ~~state-assisted college and university~~state institution	25338
of higher education shall, by the first day of November of each	25339
year, submit to the chancellor in the form specified by the	25340
chancellor the information the chancellor requires to compile the	25341
report.	25342

(2) Aggregate academic growth data for students assigned to	25343
graduates of teacher preparation programs approved under section	25344
3333.048 of the Revised Code who teach English language arts or	25345
mathematics in any of grades four to eight in a public school in	25346
Ohio. For this purpose, the chancellor shall use the value-added	25347
progress dimension prescribed by section 3302.021 of the Revised	25348
Code. The chancellor shall aggregate the data by graduating class	25349
for each approved teacher preparation program, except that if a	25350
particular class has ten or fewer graduates to which this section	25351
applies, the chancellor shall report the data for a group of	25352
classes over a three-year period. In no case shall the report	25353
identify any individual graduate. The department of education	25354
shall share any data necessary for the report with the chancellor.	25355

(3) The following information with respect to the Ohio	25356
tuition trust authority:	25357

(a) The name of each investment manager that is a minority	25358
business enterprise or a women's business enterprise with which	25359
the chancellor contracts;	25360

(b) The amount of assets managed by investment managers that	25361
are minority business enterprises or women's business enterprises,	25362
expressed as a percentage of assets managed by investment managers	25363
with which the chancellor has contracted;	25364

(c) Efforts by the chancellor to increase utilization of	25365
investment managers that are minority business enterprises or	25366
women's business enterprises.	25367

(4) The status of implementation of faculty improvement	25368
programs under section 3345.28 of the Revised Code. The report	25369
shall include, but need not be limited to, the following: the	25370
number of professional leave grants made by each institution; the	25371
purpose of each professional leave; and a statement of the cost to	25372
the institution of each professional leave, to the extent that the	25373
cost exceeds the salary of the faculty member on professional	25374
leave.	25375

(5) The number and types of biobased products purchased under	25376
section 125.092 of the Revised Code and the amount of money spent	25377
by state institutions of higher education for those biobased	25378
products as that information is provided to the chancellor under	25379
division (A) of section 3345.692 of the Revised Code.	25380

(6) A description of dual enrollment programs, as defined in	25381
section 3313.6013 of the Revised Code, that are offered by school	25382
districts, community schools established under Chapter 3314. of	25383
the Revised Code, STEM schools established under Chapter 3326. of	25384
the Revised Code, college-preparatory boarding schools established	25385
under Chapter 3328. of the Revised Code, and chartered nonpublic	25386
high schools. The chancellor also shall post the information on	25387
the chancellor's web site.	25388

(7) The academic and economic impact of the Ohio innovation	25389
partnership established under section 3333.61 of the Revised Code.	25390
At a minimum, the report shall include the following:	25391

(a) Progress and performance metrics for each initiative that	25392
received an award in the previous fiscal year;	25393

(b) Economic indicators of the impact of each initiative, and	25394
all initiatives as a whole, on the regional economies and the	25395
statewide economy;	25396

(c) The chancellor's strategy in assigning choose Ohio first	25397
scholarships among state universities and colleges and how the	25398
actual awards fit that strategy.	25399

(8) The academic and economic impact of the Ohio	25400
co-op/internship program established under section 3333.72 of the	25401
Revised Code. At a minimum, the report shall include the	25402
following:	25403

(a) Progress and performance metrics for each initiative that	25404
received an award in the previous fiscal year;	25405

(b) Economic indicators of the impact of each initiative, and	25406
all initiatives as a whole, on the regional economies and the	25407
statewide economy;	25408

(c) The chancellor's strategy in allocating awards among	25409
state institutions of higher education and how the actual awards	25410
fit that strategy.	25411

(B) As used in this section~~, "state-assisted college or~~	25412
~~university" means a state university or college as defined in~~	25413
~~division (A)(1) of section 3345.12 of the Revised Code, community~~	25414
~~colleges, state community colleges, university branches, and~~	25415
~~technical colleges.~~:	25416

(1) "Minority business enterprise" has the same meaning as in	25417
section 122.71 of the Revised Code.	25418

(2) "State institution of higher education" and "state	25419
university" have the same meanings as in section 3345.011 of the	25420
Revised Code.	25421

(3) "State university or college" has the same meaning as in	25422
section 3345.12 of the Revised Code.	25423

(4) "Women's business enterprise" means a business, or a	25424
partnership, corporation, limited liability company, or joint	25425
venture of any kind, that is owned and controlled by women who are	25426
United States citizens and residents of this state.	25427

Sec. 3333.123. (A) As used in this section:

25428

(1) "The Ohio college opportunity grant program" means the	25429
program established under section 3333.122 of the Revised Code.	25430

(2) "Rules for the Ohio college opportunity grant program"	25431
means the rules authorized in division ~~(S)~~(R) of section 3333.04	25432
of the Revised Code for the implementation of the program.	25433

(B) In adopting rules for the Ohio college opportunity grant	25434
program, the chancellor of the Ohio board of regents may include	25435
provisions that give preferential or priority funding to	25436
low-income students who in their primary and secondary school work	25437
participate in or complete rigorous academic coursework, attain	25438
passing scores on the assessments prescribed in section 3301.0710	25439
of the Revised Code, or meet other high academic performance	25440
standards determined by the chancellor to reduce the need for	25441
remediation and ensure academic success at the postsecondary	25442
education level. Any such rules shall include a specification of	25443
procedures needed to certify student achievement of primary and	25444
secondary standards as well as the timeline for implementation of	25445
the provisions authorized by this section.	25446

Sec. 3333.21. As used in sections 3333.21 to 3333.23 of the	25447
Revised Code, "term" and "academic year" mean "term" and "academic	25448
year" as defined by the chancellor of the Ohio board of regents.	25449

The chancellor shall establish and administer an academic	25450
scholarship program. Under the program, a total of one thousand	25451
new scholarships shall be awarded annually in the amount of not	25452
less than two thousand dollars per award. At least one such new	25453
scholarship shall be awarded annually to a student in each public	25454
high school and joint vocational school and each nonpublic high	25455
school for which the state board of education prescribes minimum	25456
standards in accordance with section 3301.07 of the Revised Code.	25457

To be eligible for the award of a scholarship, a student	25458
shall be a resident of Ohio and shall be enrolled as a full-time	25459
undergraduate student in an Ohio institution of higher education	25460
that meets the requirements of Title VI of the "Civil Rights Act	25461
of 1964" and is state-assisted, is nonprofit and holds a	25462
certificate of authorization issued under section 1713.02 of the	25463
Revised Code, is a private institution exempt from regulation	25464
under Chapter 3332. of the Revised Code as prescribed in section	25465
3333.046 of the Revised Code, or holds a certificate of	25466
registration and program authorization issued under section	25467
3332.05 of the Revised Code and awards an associate or bachelor's	25468
degree. Students who attend an institution holding a certificate	25469
of registration shall be enrolled in a program leading to an	25470
associate or bachelor's degree for which associate or bachelor's	25471
degree program the institution has program authorization to offer	25472
the program issued under section 3332.05 of the Revised Code.	25473

"Resident" and "full-time student" shall be defined in rules	25474
adopted by the chancellor.	25475

The chancellor shall award the scholarships on the basis of a	25476
formula designed by the chancellor to identify students with the	25477
highest capability for successful college study. The formula shall	25478
weigh the factor of achievement, as measured by grade point	25479
average, and the factor of ability, as measured by performance on	25480
a competitive examination specified by the chancellor. Students	25481
receiving scholarships shall be known as "Ohio academic scholars."	25482
~~Annually, not later than the thirty-first day of July, the~~	25483
~~chancellor shall report to the governor and the general assembly~~	25484
~~on the performance of current Ohio academic scholars and the~~	25485
~~effectiveness of the formula.~~	25486

Sec. 3333.60. As used in sections 3333.61 to ~~3333.70~~3333.69	25487
of the Revised Code:	25488

(A) "State university or college" has the same meaning as in	25489
section 3345.12 of the Revised Code.	25490

(B) "State university" and "state institution of higher	25491
education" have the same meanings as in section 3345.011 of the	25492
Revised Code.	25493

Sec. 3333.61. The chancellor of the Ohio board of regents	25494
shall establish and administer the Ohio innovation partnership,	25495
which shall consist of the choose Ohio first scholarship program	25496
and the Ohio research scholars program. Under the programs, the	25497
chancellor, subject to approval by the controlling board, shall	25498
make awards to state universities or colleges for programs and	25499
initiatives that recruit students and scientists in the fields of	25500
science, technology, engineering, mathematics, and medicine to	25501
state universities or colleges, in order to enhance regional	25502
educational and economic strengths and meet the needs of the	25503
state's regional economies. Awards may be granted for programs and	25504
initiatives to be implemented by a state university or college	25505
alone or in collaboration with other state institutions of higher	25506
education, nonpublic Ohio universities and colleges, or other	25507
public or private Ohio entities. If the chancellor makes an award	25508
to a program or initiative that is intended to be implemented by a	25509
state university or college in collaboration with other state	25510
institutions of higher education or nonpublic Ohio universities or	25511
colleges, the chancellor may provide that some portion of the	25512
award be received directly by the collaborating universities or	25513
colleges consistent with all terms of the Ohio innovation	25514
partnership.	25515

The choose Ohio first scholarship program shall assign a	25516
number of scholarships to state universities and colleges to	25517
recruit Ohio residents as undergraduate, or as provided in section	25518
3333.66 of the Revised Code graduate, students in the fields of	25519
science, technology, engineering, mathematics, and medicine, or in	25520
science, technology, engineering, mathematics, or medical	25521
education. Choose Ohio first scholarships shall be awarded to each	25522
participating eligible student as a grant to the state university	25523
or college the student is attending and shall be reflected on the	25524
student's tuition bill. Choose Ohio first scholarships are	25525
student-centered grants from the state to students to use to	25526
attend a university or college and are not grants from the state	25527
to universities or colleges.	25528

Notwithstanding any other provision of this section or	25529
sections 3333.62 to ~~3333.70~~3333.69 of the Revised Code, a	25530
nonpublic four-year Ohio institution of higher education may	25531
submit a proposal for choose Ohio first scholarships or Ohio	25532
research scholars grants. If the chancellor awards a nonpublic	25533
institution scholarships or grants, the nonpublic institution	25534
shall comply with all requirements of this section, sections	25535
3333.62 to ~~3333.70~~3333.69 of the Revised Code, and the rules	25536
adopted under this section that apply to state universities or	25537
colleges awarded choose Ohio first scholarships or Ohio research	25538
scholars grants.	25539

The Ohio research scholars program shall award grants to use	25540
in recruiting scientists to the faculties of state universities or	25541
colleges.	25542

The chancellor shall adopt rules in accordance with Chapter	25543
119. of the Revised Code to administer the programs.	25544

Sec. 3333.71. As used in sections 3333.71 to ~~3333.80~~3333.79	25545
of the Revised Code:	25546

(A) "Cooperative education program" means a partnership	25547
between students, institutions of higher education, and employers	25548
that formally integrates students' academic study with work	25549
experience in cooperating employer organizations and that meets	25550
all of the following conditions:	25551

(1) Alternates or combines periods of academic study and work	25552
experience in appropriate fields as an integral part of student	25553
education;	25554

(2) Provides students with compensation from the cooperative	25555
employer in the form of wages or salaries for work performed;	25556

(3) Evaluates each participating student's performance in the	25557
cooperative position, both from the perspective of the student's	25558
institution of higher education and the student's cooperative	25559
employer;	25560

(4) Provides participating students with academic credit from	25561
the institution of higher education upon successful completion of	25562
their cooperative education;	25563

(5) Is part of an overall degree or certificate program for	25564
which a percentage of the total program acceptable to the	25565
chancellor of the Ohio board of regents involves cooperative	25566
education.	25567

(B) "Internship program" means a partnership between	25568
students, institutions of higher education, and employers that	25569
formally integrates students' academic study with work or	25570
community service experience and that does both of the following:	25571

(1) Offers internships of specified and definite duration;

25572

(2) Evaluates each participating student's performance in the	25573
internship position, both from the perspective of the student's	25574
institution of higher education and the student's internship	25575
employer.	25576

An internship program may provide participating students with	25577
academic credit upon successful completion of the internship, and	25578
may provide students with compensation in the form of wages or	25579
salaries, stipends, or scholarships.	25580

(C) "Nonpublic university or college" means a nonprofit	25581
institution holding a certificate of authorization issued under	25582
Chapter 1713. of the Revised Code.	25583

(D) "State institution of higher education" has the same	25584
meaning as in section 3345.011 of the Revised Code.	25585

Sec. 3333.72. The chancellor of the Ohio board of regents	25586
shall establish and administer the Ohio co-op/internship program	25587
to promote and encourage cooperative education programs or	25588
internship programs at Ohio institutions of higher education for	25589
the purpose of recruiting Ohio students to stay in the state, and	25590
recruiting Ohio residents who left Ohio to attend out-of-state	25591
institutions of higher education back to Ohio institutions of	25592
higher education, to participate in high quality academic programs	25593
that use cooperative education programs or significant internship	25594
programs, in order to support the growth of Ohio's businesses by	25595
providing businesses with Ohio's most talented students and	25596
providing Ohio graduates with job opportunities with Ohio's	25597
growing companies.	25598

The chancellor, subject to approval by the controlling board,	25599
shall make awards to state institutions of higher education for	25600
new or existing programs and initiatives meeting the goals of the	25601
Ohio co-op/internship program. Awards may be granted for programs	25602
and initiatives to be implemented by a state institution of higher	25603
education alone or in collaboration with other state institutions	25604
of higher education or nonpublic Ohio universities and colleges.	25605
If the chancellor makes an award to a program or initiative that	25606
is intended to be implemented by a state institution of higher	25607
education in collaboration with other state institutions of higher	25608
education or nonpublic Ohio universities or colleges, the	25609
chancellor may provide that some portion of the award be received	25610
directly by the collaborating universities or colleges consistent	25611
with all terms of the Ohio co-op/internship program.	25612

The Ohio co-op/internship program shall support the creation	25613
and maintenance of high quality academic programs that utilize an	25614
intensive cooperative education or internship program for students	25615
at state institutions of higher education, or assign a number of	25616
scholarships to institutions to recruit Ohio residents as students	25617
in a high quality academic program, or both. If scholarships are	25618
included in an award to an institution of higher education, the	25619
scholarships shall be awarded to each participating eligible	25620
student as a grant to the state institution of higher education	25621
the student is attending and shall be reflected on the student's	25622
tuition bill.	25623

Notwithstanding any other provision of this section or	25624
sections 3333.73 to ~~3333.80~~3333.79 of the Revised Code, an Ohio	25625
four-year nonpublic university or college may submit a proposal as	25626
lead applicant or co-lead applicant for an award under the Ohio	25627
co-op/internship program if the proposal is to be implemented in	25628
collaboration with a state institution of higher education. If the	25629
chancellor grants a nonpublic university or college an award, the	25630
nonpublic university or college shall comply with all requirements	25631
of this section, sections 3333.73 to ~~3333.80~~3333.79 of the	25632
Revised Code, and the rules adopted under this section that apply	25633
to state institutions of higher education that receive awards	25634
under the program.	25635

The chancellor shall adopt rules in accordance with Chapter	25636
119. of the Revised Code to administer the Ohio co-op/internship	25637
program.	25638

Sec. 3334.08. (A) Subject to division (B) of this section,	25639
in addition to any other powers conferred by this chapter, the	25640
Ohio tuition trust authority may do any of the following:	25641

(1) Impose reasonable residency requirements for	25642
beneficiaries of tuition units;	25643

(2) Impose reasonable limits on the number of tuition unit	25644
participants;	25645

(3) Impose and collect administrative fees and charges in	25646
connection with any transaction under this chapter;	25647

(4) Purchase insurance from insurers licensed to do business	25648
in this state providing for coverage against any loss in	25649
connection with the authority's property, assets, or activities or	25650
to further ensure the value of tuition units;	25651

(5) Indemnify or purchase policies of insurance on behalf of	25652
members, officers, and employees of the authority from insurers	25653
licensed to do business in this state providing for coverage for	25654
any liability incurred in connection with any civil action,	25655
demand, or claim against a director, officer, or employee by	25656
reason of an act or omission by the director, officer, or employee	25657
that was not manifestly outside the scope of the employment or	25658
official duties of the director, officer, or employee or with	25659
malicious purpose, in bad faith, or in a wanton or reckless	25660
manner;	25661

(6) Make, execute, and deliver contracts, conveyances, and	25662
other instruments necessary to the exercise and discharge of the	25663
powers and duties of the authority;	25664

(7) Promote, advertise, and publicize the Ohio college	25665
savings program and the variable college savings program;	25666

(8) Adopt rules under section 111.15 of the Revised Code for	25667
the implementation of the Ohio college savings program;	25668

(9) Contract, for the provision of all or part of the	25669
services necessary for the management and operation of the Ohio	25670
college savings program and the variable college savings program,	25671
with a bank, trust company, savings and loan association,	25672
insurance company, or licensed dealer in securities if the bank,	25673
company, association, or dealer is authorized to do business in	25674
this state and information about the contract is filed with the	25675
controlling board pursuant to division (D)(6) of section 127.16 of	25676
the Revised Code; provided, however, that any funds of the Ohio	25677
college savings program and the variable college savings program	25678
that are not needed for immediate use shall be deposited by the	25679
treasurer of state in the same manner provided under Chapter 135.	25680
of the Revised Code for public moneys of the state. All interest	25681
earned on those deposits shall be credited to the Ohio college	25682
savings program or the variable college savings program, as	25683
applicable.	25684

(10) Contract for other services, or for goods, needed by the	25685
authority in the conduct of its business, including but not	25686
limited to credit card services;	25687

(11) Employ an executive director and other personnel as	25688
necessary to carry out its responsibilities under this chapter,	25689
and fix the compensation of these persons. All employees of the	25690
authority shall be in the unclassified civil service and shall be	25691
eligible for membership in the public employees retirement system.	25692
In the hiring of the executive director, the Ohio tuition trust	25693
authority shall obtain the advice and consent of the Ohio tuition	25694
trust board created in section 3334.03 of the Revised Code,	25695
provided that the executive director shall not be hired unless a	25696
majority of the board votes in favor of the hiring. In addition,	25697
the board may remove the executive director at any time subject to	25698
the advice and consent of the chancellor of the Ohio board of	25699
regents.	25700

(12) Contract with financial consultants, actuaries,	25701
auditors, and other consultants as necessary to carry out its	25702
responsibilities under this chapter;	25703

(13) Enter into agreements with any agency of the state or	25704
its political subdivisions or with private employers under which	25705
an employee may agree to have a designated amount deducted in each	25706
payroll period from the wages or salary due the employee for the	25707
purpose of purchasing tuition units pursuant to a tuition payment	25708
contract or making contributions pursuant to a variable college	25709
savings program contract;	25710

(14) Enter into an agreement with the treasurer of state	25711
under which the treasurer of state will receive, and credit to the	25712
Ohio tuition trust fund or variable college savings program fund,	25713
from any bank or savings and loan association authorized to do	25714
business in this state, amounts that a depositor of the bank or	25715
association authorizes the bank or association to withdraw	25716
periodically from the depositor's account for the purpose of	25717
purchasing tuition units pursuant to a tuition payment contract or	25718
making contributions pursuant to a variable college savings	25719
program contract;	25720

(15) Solicit and accept gifts, grants, and loans from any	25721
person or governmental agency and participate in any governmental	25722
program;	25723

(16) Impose limits on the number of units which may be	25724
purchased on behalf of or assigned or awarded to any beneficiary	25725
and on the total amount of contributions that may be made on	25726
behalf of a beneficiary;	25727

(17) Impose restrictions on the substitution of another	25728
individual for the original beneficiary under the Ohio college	25729
savings program;	25730

(18) Impose a limit on the age of a beneficiary, above which	25731
tuition units may not be purchased on behalf of that beneficiary;	25732

(19) Enter into a cooperative agreement with the treasurer of	25733
state to provide for the direct disbursement of payments under	25734
tuition payment or variable college savings program contracts;	25735

(20) Determine the other higher education expenses for which	25736
tuition units or contributions may be used;	25737

(21) Terminate any tuition payment or variable college	25738
savings program contract if no purchases or contributions are made	25739
for a period of three years or more and there are fewer than a	25740
total of five tuition units or less than a dollar amount set by	25741
rule on account, provided that notice of a possible termination	25742
shall be provided in advance, explaining any options to prevent	25743
termination, and a reasonable amount of time shall be provided	25744
within which to act to prevent a termination;	25745

(22) Maintain a separate account for each tuition payment or	25746
variable college savings program contract;	25747

(23) Perform all acts necessary and proper to carry out the	25748
duties and responsibilities of the authority pursuant to this	25749
chapter.	25750

(B) The authority shall adopt rules under section 111.15 of	25751
the Revised Code for the implementation and administration of the	25752
variable college savings program. The rules shall provide	25753
taxpayers with the maximum tax advantages and flexibility	25754
consistent with section 529 of the Internal Revenue Code and	25755
regulations adopted thereunder with regard to disposition of	25756
contributions and earnings, designation of beneficiaries, and	25757
rollover of account assets to other programs.	25758

(C) Except as otherwise specified in this chapter, the	25759
provisions of Chapters 123., 125., and 4117. of the Revised Code	25760
shall not apply to the authority. The department of administrative	25761
services shall, upon the request of the authority, act as the	25762
authority's agent for the purchase of equipment, supplies,	25763
insurance, or services, or the performance of administrative	25764
services pursuant to Chapter 125. of the Revised Code.	25765

Sec. 3345.16. The board of trustees of a state college or	25766
university may receive, and hold in trust, for the use and benefit	25767
of the college or university any grant or devise of land, and	25768
donation or bequest of money or other personal property, to be	25769
applied to the general or special use of the college or	25770
university, including use for student loan and scholarship	25771
purposes, unless otherwise directed in the donation or bequest.	25772

The board of trustees of a state college or university may	25773
utilize trust funds to invest in property, real and personal, as a	25774
portion of the holdings in the endowment portfolio under the trust	25775
powers imparted to the board of trustees. Such property, real and	25776
personal, acquired for investment purposes shall be managed by the	25777
board of trustees in the same manner as are other investments in	25778
the college's or university's endowment portfolio. The board of	25779
trustees may lease, lease back, or otherwise contract for the use	25780
of such property in such manner as to provide earning power for	25781
the college or university investment portfolio. Sections 123.01,	25782
~~123.04~~123.02, ~~123.15~~123.10, and ~~123.47~~123.13 of the Revised	25783
Code do not apply to properties, real and personal, held under	25784
this section as earning-power properties in the college or	25785
university endowment portfolio.	25786

Notwithstanding any provision of the Revised Code to the	25787
contrary, the title in properties, real and personal, purchased by	25788
a board of trustees as an investment and held in the college's or	25789
university's endowment portfolio shall not be vested in the state,	25790
but shall be held in trust by the board.	25791

Sec. 3345.28. The board of trustees of any state university,	25792
medical university, technical college, state community college,	25793
community college, or the board of trustees or managing authority	25794
of any university branch may establish and administer a faculty	25795
improvement program, under which any full-time faculty member with	25796
at least seven academic years of teaching service at the college,	25797
university, or branch may be granted professional leave for a	25798
period not to exceed one academic year to engage in further	25799
education, research, or any other purpose approved by the board. A	25800
board of trustees or managing authority that establishes such a	25801
program shall, by rule, adopt a definition of "academic years of	25802
teaching service" and of "full-time faculty member."	25803

No such board or authority shall pay any faculty member for	25804
or during a period of professional leave any salary exceeding the	25805
amount that would have been paid to such faculty member for	25806
performing the faculty member's regular duties during the period	25807
of the leave. No faculty member shall, by virtue of being on	25808
professional leave, suffer a reduction or termination of the	25809
faculty member's regular employee retirement or insurance benefits	25810
or of any other benefit or privilege being received as a faculty	25811
member at the college, university, or branch where the faculty	25812
member is employed. Whenever such a benefit would be reduced	25813
because of a reduction in the faculty member's salary during the	25814
period of professional leave, the faculty member shall be given a	25815
chance to have the benefit increased to its normal level, in	25816
accordance with rules adopted by the board of trustees or the	25817
managing authority. A faculty member who has been granted	25818
professional leave shall complete another seven years of service	25819
at the college, university, or branch at which the faculty member	25820
is employed before becoming eligible for another grant of	25821
professional leave at that college, university, or branch.	25822
Professional leave taken as part of a faculty improvement program	25823
established under this section shall not be deemed to be in lieu	25824
of released time or assigned duty in connection with a specific	25825
research, scholarly, or creative program.	25826

Boards of trustees and managing authorities may accept moneys	25827
from any person, political subdivision, or the federal government	25828
to support a faculty improvement program, and may establish such	25829
additional rules as are necessary to establish and administer it.	25830

Each grant of professional leave shall be in accordance with	25831
a professional improvement policy for professional leaves that has	25832
been approved by the board of trustees or the managing authority.	25833
No professional leave shall be granted that requires a	25834
compensating addition to the permanent faculty or staff of the	25835
college, university, or branch. No professional leave shall be	25836
approved unless a specific plan for the professional improvement	25837
of the faculty member while on leave has been submitted to and	25838
accepted by the president of the university, college, or branch.	25839
At the completion of the leave, the faculty member shall submit to	25840
the president a report detailing the attainments of the faculty	25841
member under this professional improvement plan.	25842

~~Not later than the thirtieth day of June of each year, the~~	25843
~~chancellor of the board of regents shall report to the~~	25844
~~chairpersons of the education committees of the house of~~	25845
~~representatives and the senate on the status of implementation of~~	25846
~~faculty improvement programs. The report shall include, but need~~	25847
~~not be limited to, the following: the number of professional leave~~	25848
~~grants made by each institution; the purpose of each professional~~	25849
~~leave; and a statement of the cost to the institution of each~~	25850
~~professional leave, to the extent that such cost exceeds the~~	25851
~~salary of the faculty member on professional leave.~~	25852

Sec. 3345.50. Notwithstanding anything to the contrary in	25853
sections 123.01 and ~~123.15~~123.10 of the Revised Code, a state	25854
university, a state community college, or the northeast Ohio	25855
medical university not certified pursuant to section ~~123.17~~123.24	25856
of the Revised Code may administer any capital facilities project	25857
for the construction, reconstruction, improvement, renovation,	25858
enlargement, or alteration of a public improvement under its	25859
jurisdiction for which the total amount of funds expected to be	25860
appropriated by the general assembly does not exceed four million	25861
dollars without the supervision, control, or approval of the	25862
~~department of administrative services~~Ohio facilities construction	25863
commission as specified in those sections, if both of the	25864
following occur:	25865

(A) Within sixty days after the effective date of the section	25866
of an act in which the general assembly initially makes an	25867
appropriation for the project, the board of trustees of the	25868
institution notifies the chancellor of the Ohio board of regents	25869
in writing of its intent to administer the capital facilities	25870
project;	25871

(B) The board of trustees complies with the guidelines	25872
established pursuant to section 153.16 of the Revised Code and all	25873
laws that govern the selection of consultants, preparation and	25874
approval of contract documents, receipt of bids, and award of	25875
contracts with respect to the project.	25876

The chancellor shall adopt rules in accordance with Chapter	25877
119. of the Revised Code that establish criteria for the	25878
administration by any such institution of higher education of a	25879
capital facilities project for which the total amount of funds	25880
expected to be appropriated by the general assembly exceeds four	25881
million dollars. The criteria, to be developed with the ~~department~~	25882
~~of administrative services~~Ohio facilities construction commission	25883
and higher education representatives selected by the chancellor,	25884
shall include such matters as the adequacy of the staffing levels	25885
and expertise needed for the institution to administer the	25886
project, past performance of the institution in administering such	25887
projects, and the amount of institutional or other nonstate money	25888
to be used in financing the project. The chancellor and the	25889
~~department of administrative services~~Ohio facilities construction	25890
commission shall approve the request of any such institution of	25891
higher education that seeks to administer any such capital	25892
facilities project and meets the criteria set forth in the rules	25893
and in the requirements of division (B) of this section.	25894

Sec. 3345.51. (A) Notwithstanding anything to the contrary	25895
in sections ~~123.01~~123.20 and ~~123.15~~123.21 of the Revised Code, a	25896
state university, the northeast Ohio medical university, or a	25897
state community college may administer any capital facilities	25898
project for the construction, reconstruction, improvement,	25899
renovation, enlargement, or alteration of a public improvement	25900
under its jurisdiction for which funds are appropriated by the	25901
general assembly without the supervision, control, or approval of	25902
the ~~department of administrative services~~Ohio facilities	25903
construction commission as specified in those sections, if all of	25904
the following occur:	25905

(1) The institution is certified by the ~~state architect~~	25906
commission under section ~~123.17~~123.24 of the Revised Code;	25907

(2) Within sixty days after the effective date of the section	25908
of an act in which the general assembly initially makes an	25909
appropriation for the project, the board of trustees of the	25910
institution notifies the chancellor of the Ohio board of regents	25911
in writing of its request to administer the capital facilities	25912
project and the chancellor approves that request pursuant to	25913
division (B) of this section;	25914

(3) The board of trustees passes a resolution stating its	25915
intent to comply with section 153.13 of the Revised Code and the	25916
guidelines established pursuant to section 153.16 of the Revised	25917
Code and all laws that govern the selection of consultants,	25918
preparation and approval of contract documents, receipt of bids,	25919
and award of contracts with respect to the project.	25920

(B) The chancellor shall adopt rules in accordance with	25921
Chapter 119. of the Revised Code that establish criteria for the	25922
administration by any such institution of higher education of a	25923
capital facilities project for which the general assembly	25924
appropriates funds. The criteria, to be developed with the	25925
~~department of administrative services~~commission and higher	25926
education representatives selected by the chancellor, shall	25927
include such matters as the adequacy of the staffing levels and	25928
expertise needed for the institution to administer the project,	25929
past performance of the institution in administering such	25930
projects, and the amount of institutional or other nonstate money	25931
to be used in financing the project. The chancellor shall approve	25932
the request of any such institution of higher education that seeks	25933
to administer any such capital facilities project and meets the	25934
criteria set forth in the rules and the requirements of division	25935
(A) of this section.	25936

(C) Any institution that administers a capital facilities	25937
project under this section shall conduct biennial audits for the	25938
duration of the project to ensure that the institution is	25939
complying with Chapters 9., 123., and 153. of the Revised Code and	25940
that the institution is using its certification issued under	25941
section ~~123.17~~123.24 of the Revised Code appropriately. The	25942
chancellor, in consultation with higher education representatives	25943
selected by the chancellor, shall adopt rules in accordance with	25944
Chapter 119. of the Revised Code that establish criteria for the	25945
conduct of the audits. The criteria shall include documentation	25946
necessary to determine compliance with Chapters 9., 123., and 153.	25947
of the Revised Code and a method to determine whether an	25948
institution is using its certification issued under section ~~123.17~~	25949
123.24 of the Revised Code appropriately.	25950

(D) The chancellor, in consultation with higher education	25951
representatives selected by the chancellor, shall adopt rules in	25952
accordance with Chapter 119. of the Revised Code establishing	25953
criteria for monitoring capital facilities projects administered	25954
by institutions under this section. The criteria shall include the	25955
following:	25956

(1) Conditions under which the chancellor may revoke the	25957
authority of an institution to administer a capital facilities	25958
project under this section, including the failure of an	25959
institution to maintain a sufficient number of employees who have	25960
successfully completed the certification program under section	25961
~~123.17~~123.24 of the Revised Code;	25962

(2) A process for institutions to remedy any problems found	25963
by an audit conducted pursuant to division (C) of this section,	25964
including the improper use of state funds or violations of Chapter	25965
9., 123., or 153. of the Revised Code.	25966

(E) If the chancellor revokes an institution's authority to	25967
administer a capital facilities project, the ~~department of~~	25968
~~administrative services~~commission shall administer the capital	25969
facilities project. The chancellor also may require an	25970
institution, for which the chancellor revoked authority to	25971
administer a capital facilities project, to acquire a new local	25972
administration competency certification pursuant to section ~~123.17~~	25973
123.24 of the Revised Code.	25974

Sec. 3345.54. (A) As used in this section:

25975

(1) "Auxiliary facilities" has the same meaning as in section	25976
3345.12 of the Revised Code.	25977

(2) "Conduit entity" means an organization described in	25978
section 501(c)(3) of the Internal Revenue Code qualified as a	25979
public charity under section 509(a)(2) or 509(a)(3) of the	25980
Internal Revenue Code, or any other appropriate legal entity	25981
selected by the state institution, whose corporate purpose allows	25982
it to perform the functions and obligations of a conduit entity	25983
pursuant to the terms of a financing agreement.	25984

(3) "Conveyed property" means auxiliary facilities conveyed	25985
by a state institution to a conduit entity pursuant to a financing	25986
agreement.	25987

(4) "Financing agreement" means a contract described in	25988
division (C) of this section.	25989

(5) "Independent funding source" means a private entity that	25990
enters into a financing agreement with a conduit entity and a	25991
state institution.	25992

(6) "State institution" means a state institution of higher	25993
education as defined in section 3345.011 of the Revised Code.	25994

(B) The board of trustees of a state institution, with the	25995
approval of the chancellor of the Ohio board of regents and the	25996
controlling board, may enter into a financing agreement with a	25997
conduit entity and an independent funding source selected either	25998
through a competitive selection process or by direct negotiations,	25999
and may convey to the conduit entity title to any auxiliary	26000
facilities owned by the state institution pursuant to the terms of	26001
a financing agreement.	26002

(C) A financing agreement under this section is a written	26003
contract entered into among a state institution, a conduit entity,	26004
and an independent funding source that provides for:	26005

(1) The conveyance of auxiliary facilities owned by a state	26006
institution to the conduit entity for consideration deemed	26007
adequate by the state institution;	26008

(2) The lease of the conveyed property by the conduit entity	26009
to the independent funding source and leaseback of the conveyed	26010
property to the conduit entity for a term not to exceed	26011
ninety-nine years;	26012

(3) Such other terms and conditions that may be negotiated	26013
and agreed upon by the parties, including, but not limited to,	26014
terms regarding:	26015

(a) Payment to the state institution by the conduit entity of	26016
revenues received by it from the operations of the conveyed	26017
property in excess of the payments it is required to make to the	26018
independent funding source under the lease-leaseback arrangement	26019
described in division (C)(2) of this section;	26020

(b) Pledge, assignment, or creation of a lien in favor of the	26021
independent funding source by the conduit entity of any revenues	26022
derived from the conveyed property;	26023

(c) Reverter or conveyance of title to the conveyed property	26024
to the state institution when the conveyed property is no longer	26025
subject to a lease with the independent funding source.	26026

(4) Terms and conditions required by the chancellor or the	26027
controlling board as a condition of approval of the financing	26028
agreement.	26029

(D) The state institution and the conduit entity may enter	26030
into such other management agreements or other contracts regarding	26031
the conveyed property the parties deem appropriate, including	26032
agreements pursuant to which the state institution may maintain or	26033
administer the conveyed property and collect and disburse revenues	26034
from the conveyed property on behalf of the conduit entity.	26035

(E) The parties may modify or extend the term of the	26036
financing agreement with the approval of the chancellor and the	26037
controlling board.	26038

(F) The conveyed property shall retain its exemption from	26039
property taxes and assessments as though title to the conveyed	26040
property were held by the state institution during any part of a	26041
tax year that title is held by the state institution or the	26042
conduit entity and, if held by the conduit entity, remains subject	26043
to the lease-leaseback arrangement described in division (C)(2) of	26044
this section. However, as a condition of the continued exemption	26045
of the conveyed property during the term of the lease-leaseback	26046
arrangement the conduit entity shall apply for and maintain the	26047
exemption as provided by law.	26048

(G) Nothing in this section is intended to abrogate, amend,	26049
limit, or replace any existing authority state institutions may	26050
have with respect to the conveyance, lease, lease-leaseback,	26051
finance, or acquisition of auxiliary facilities including, but not	26052
limited to, authority granted under sections 3345.07, 3345.11, and	26053
3345.12 of the Revised Code.	26054

Sec. 3345.69. (A) As used in this section:

26055

(1) "State institution of higher education" has the same	26056
meaning as in section 3345.011 of the Revised Code.	26057

(2) "Board of trustees of a state institution of higher	26058
education" has the same meaning as in section 3345.61 of the	26059
Revised Code.	26060

(B) The chairperson of the interuniversity council of Ohio	26061
and the secretary of the Ohio association of community colleges	26062
shall assist in coordinating the organization and operation of a	26063
committee to carry out this section. The committee shall be	26064
comprised of the presidents of the state institutions of higher	26065
education or their designees. The committee, in consultation with	26066
the ~~office of energy services of the department of administrative~~	26067
~~services~~Ohio facilities construction commission, shall develop	26068
guidelines for the board of trustees of each state institution of	26069
higher education to use in ensuring energy efficiency and	26070
conservation in on- and off-campus buildings. ~~Initial guidelines~~	26071
~~shall be adopted not later than ninety days after the effective~~	26072
~~date of this section.~~ At a minimum, guidelines under this section	26073
shall do all of the following:	26074

(1) Include a goal to reduce on- and off-campus building	26075
energy consumption by at least twenty per cent by 2014, using	26076
calendar year 2004 as the benchmark year, while recognizing the	26077
diverse nature and different energy demands and uses of such	26078
buildings and measures already taken to increase building energy	26079
efficiency and conservation;	26080

(2) Prescribe minimum energy efficiency and conservation	26081
standards for any new, on- or off-campus capital improvement	26082
project with a construction cost of one hundred thousand dollars	26083
or more, which standards shall be based on general building type	26084
and cost-effectiveness;	26085

(3) Prescribe minimum energy efficiency and conservation	26086
standards for the leasing of an off-campus space of at least	26087
twenty-thousand square feet;	26088

(4) Incorporate best practices into energy efficiency and	26089
conservation standards and plans;	26090

(5) Provide that each board develop its own fifteen-year plan	26091
for phasing in energy efficiency and conservation projects;	26092

(6) Provide that project impact assessments include the	26093
fiscal effects of energy efficiency and conservation	26094
recommendations and plans;	26095

(7) Establish mechanisms for each board to report	26096
periodically to the committee on its progress relative to the	26097
guidelines.	26098

(C) The board of trustees of a state institution of higher	26099
education shall adopt rules under section 111.15 of the Revised	26100
Code to carry out the guidelines established pursuant to division	26101
(B) of this section, including in the execution of the board's	26102
authority under sections 3345.62 to 3345.66 of the Revised Code.	26103

Sec. 3345.692. (A) Not later than September 15, 2010, and	26104
the fifteenth day of September each year thereafter, a state	26105
institution of higher education shall prepare and submit to the	26106
chancellor of the board of regents a report that describes the	26107
number and types of biobased products purchased under section	26108
125.092 of the Revised Code and the amount of money spent by the	26109
state institution of higher education for those biobased products.	26110

(B) ~~Not later than September 30, 2010, and the thirtieth day~~	26111
~~of September each year thereafter, the chancellor of the board of~~	26112
~~regents shall prepare and submit to the governor, the president of~~	26113
~~the senate, and the speaker of the house of representatives a~~	26114
~~report that describes the number and types of biobased products~~	26115
~~purchased under section 125.092 of the Revised Code and the amount~~	26116
~~of money spent by state institutions of higher education for those~~	26117
~~biobased products as that information is provided to the~~	26118
~~chancellor under division (A) of this section.~~	26119

~~(C)~~ As used in this section, "state institution of higher	26120
education" has the same meaning as in section 3345.011 of the	26121
Revised Code.	26122

Sec. 3347.03. Each commission created by section 3347.01 of	26123
the Revised Code may acquire property of any kind by purchase,	26124
gift, or devise and hold and use any such property, or may use	26125
state lands at their respective universities upon consent of the	26126
respective boards of trustees thereof, for the erection,	26127
remodeling, or improving and equipping of buildings for suitable	26128
housing, dormitory, dining hall, and recreational accommodations,	26129
referred to as "buildings" in sections 3347.03 to 3347.08 of the	26130
Revised Code, for students, instructors, members of the faculty,	26131
the administration and maintenance staff of the universities with	26132
which each commission is identified, and their families. The	26133
construction, remodeling, or improving of any such buildings shall	26134
be in accordance with plans and specifications approved by the	26135
commission and with sections 153.01 and 153.04 to 153.20 of the	26136
Revised Code, except that the commission may act in all instances	26137
where the ~~department of administrative services~~Ohio facilities	26138
construction commission is mentioned in such sections.	26139

Sec. 3356.10. During the five-year period after the	26140
effective date of this section, the governor may execute deeds in	26141
the name of the state conveying to one or more purchasers and the	26142
purchasers' heirs and assigns or successors and assigns all of the	26143
state's right, title, and interest in any or all parcels of real	26144
estate held for the use and benefit of Youngstown state university	26145
and located in the city of Youngstown, Mahoning county, in an area	26146
known as "smokey hollow" and bounded on the north by the	26147
east-bound service road of the Madison avenue expressway, on the	26148
east by Andrews avenue, on the south by Rayen avenue, and on the	26149
west by Wick avenue. The parcel or parcels of real estate may be	26150
transferred individually or as a group or multiple groups to a	26151
single purchaser or to multiple purchasers.	26152

The consideration for conveyance of the parcel or parcels of	26153
real estate shall be a purchase price and any terms and conditions	26154
acceptable to the board of trustees of Youngstown state	26155
university. The consideration may include in whole or in part the	26156
benefit that will inure to the university and the students	26157
attending the university from development of a mixed-use urban	26158
neighborhood that will provide convenient housing, retail outlets,	26159
parks, and employment opportunities on a site adjacent to the	26160
university's core campus.	26161

All costs of the conveyance of the parcel or parcels of real	26162
estate shall be paid by the board of trustees of the Youngstown	26163
state university unless otherwise specified in the agreement for	26164
transfer of the property.	26165

Upon adoption of a resolution by the board of trustees of	26166
Youngstown state university specifically describing the parcel or	26167
parcels of real estate to be conveyed, identifying the purchaser	26168
or purchasers of the real estate, and specifying the consideration	26169
paid or to be paid, the auditor of state, with the assistance of	26170
the attorney general, shall prepare a deed or deeds to the parcel	26171
or parcels of real estate described in the resolution. The deed or	26172
deeds shall state the consideration specified in the resolution.	26173
The deed or deeds shall be executed by the governor in the name of	26174
the state, countersigned by the secretary of state, sealed with	26175
the great seal of the state, presented in the office of the	26176
auditor of state for recording, and delivered to the purchaser or	26177
purchasers. The purchaser or purchasers shall present the deed or	26178
deeds for recording in the office of the Mahoning county recorder.	26179

Each deed to any property described in this section shall	26180
contain any exceptions, reservations, or conditions and any right	26181
of reentry or reverter clause specified in the resolution. Any	26182
exceptions, reservations, or conditions or any right of reentry or	26183
reverter clause contained in any deed authorized by this section	26184
may be released by the university without the necessity of further	26185
legislation, provided the release is specifically authorized by	26186
the board of trustees of Youngstown state university.	26187

The net proceeds of the sale of the parcel or parcels of real	26188
estate shall be paid to Youngstown state university and deposited	26189
in university accounts for purposes to be determined by the board	26190
of trustees.	26191

Sec. 3366.05. The issuing authority, as an eligible	26192
not-for-profit holder of federal education loans, may act as an	26193
eligible not-for-profit servicer of certain student loans owned by	26194
the federal government under Section 2212 of the "Health Care and	26195
Education Reconciliation Act of 2010," Pub. L. No. 111-152. The	26196
issuing authority is authorized to take such actions and to enter	26197
into such contracts and to execute all instruments necessary or	26198
appropriate to act as an eligible not-for-profit servicer.	26199
Notwithstanding division (C) of section 3366.03 and division (B)	26200
of section 3366.04 of the Revised Code, revenues received by the	26201
issuing authority under this section shall be deposited in an	26202
account in the custody of the treasurer of state that is not part	26203
of the state treasury and shall be used to pay administrative	26204
costs incurred by the issuing authority. Unexpended amounts shall	26205
be deposited in the state treasury and credited to the treasurer	26206
of state's administrative fund created under section 113.20 of the	26207
Revised Code.	26208

Sec. 3375.405. (A) As used in this section, "energy	26209
conservation measure" means the construction of, installation or	26210
modification of an installation in, or remodeling of, a new or	26211
existing building, to reduce energy consumption. It includes:	26212

(1) Insulation of the building structure and of systems	26213
within the building;	26214

(2) Storm windows and doors, multiglazed windows and doors,	26215
heat-absorbing or heat-reflective glazed and coated window and	26216
door systems, additional glazing, reductions in glass area, and	26217
other window and door system modifications that reduce energy	26218
consumption;	26219

(3) Automatic energy control systems;

26220

(4) Heating, ventilating, or air conditioning system	26221
modifications or replacements;	26222

(5) Caulking and weather-stripping;

26223

(6) Replacement or modification of lighting fixtures to	26224
increase the energy efficiency of the system without increasing	26225
the overall illumination of a facility, unless such an increase in	26226
illumination is necessary to conform to the applicable state or	26227
local building code for the proposed lighting system;	26228

(7) Energy recovery systems;

26229

(8) Cogeneration systems that produce steam or forms of	26230
energy such as heat, as well as electricity, for use primarily	26231
within a building or complex of buildings;	26232

(9) Acquiring, constructing, furnishing, equipping, improving	26233
the site of, or otherwise improving a central utility plant to	26234
provide heating and cooling services to a building together with	26235
distribution piping and ancillary distribution controls,	26236
equipment, and related facilities from the central utility plant	26237
to the building; and	26238

(10) Any other construction, modification, installation, or	26239
remodeling approved by a board of library trustees as an energy	26240
conservation measure.	26241

(B) For the purpose of evaluating library buildings for	26242
energy conservation measures, a board of library trustees	26243
appointed pursuant to section 3375.06, 3375.10, 3375.12, 3375.15,	26244
3375.22, or 3375.30 of the Revised Code may contract with an	26245
architect, professional engineer, energy services company,	26246
contractor, or other person experienced in the design and	26247
implementation of energy conservation measures for an energy	26248
conservation report. Such a report shall include all of the	26249
following:	26250

(1) Analyses of the energy needs of library buildings and	26251
recommendations for building installations, modifications of	26252
existing installations, or building remodeling that would	26253
significantly reduce energy consumption in the buildings;	26254

(2) Estimates of all costs of the recommended installations,	26255
modifications, or remodeling, including costs of design,	26256
engineering, installation, maintenance, and repair;	26257

(3) Estimates of the amounts by which energy consumption	26258
could be reduced;	26259

(4) The interest rate used to estimate the costs of any	26260
energy conservation measures that are to be financed by the	26261
library;	26262

(5) The average system life of the energy conservation	26263
measures;	26264

(6) Estimates of the likely savings that will result from the	26265
reduction in energy consumption over the average system life of	26266
the energy conservation measures, including the methods used to	26267
estimate the savings; and	26268

(7) A certification under the seal of a registered	26269
professional engineer that the energy conservation report uses	26270
reasonable methods of analysis and estimation.	26271

(C)(1) A board of library trustees appointed pursuant to	26272
section 3375.06, 3375.10, 3375.12, 3375.15, 3375.22, or 3375.30 of	26273
the Revised Code desiring to implement energy conservation	26274
measures may proceed under any of the following methods:	26275

(a) Procure the energy conservation measures in any manner	26276
authorized by existing authority.	26277

(b) Advertise for bids using an energy conservation report or	26278
any part of an energy conservation report prepared under division	26279
(B) of this section, and, except as otherwise provided in this	26280
section, comply with competitive bidding requirements applicable	26281
to the board of library trustees.	26282

(c) Notwithstanding any requirement in the Revised Code that	26283
requires competitive bidding or specifies bidding procedures,	26284
request proposals from at least three vendors for the	26285
implementation of energy conservation measures. A request for	26286
proposals shall require the vendor that is awarded a contract	26287
under division (C)(2)(b) of this section to prepare an energy	26288
conservation report in accordance with division (B) of this	26289
section.	26290

Prior to sending any vendor a copy of any request for	26291
proposals, the board of library trustees shall advertise its	26292
intent to request proposals for the installation of energy	26293
conservation measures in a newspaper of general circulation within	26294
the territorial boundaries of the political subdivision or	26295
district over which it has jurisdiction of free public library	26296
services once a week for two consecutive weeks. The notice shall	26297
state that the board of trustees intends to request proposals for	26298
the installation of energy conservation measures, indicate the	26299
date on which the request for proposals will be mailed to vendors,	26300
which shall be at least ten days after the second publication in	26301
the newspaper, and state that any vendor interested in receiving	26302
the request for proposals shall submit written notice to the board	26303
of library trustees not later than noon of the day on which the	26304
request for proposals is to be mailed.	26305

(2)(a) Upon receiving bids under division (C)(1)(b) of this	26306
section, the board of library trustees shall analyze them and	26307
select the lowest and best bid or bids most likely to result in	26308
the greatest energy savings considering the cost of the project	26309
and the board of library trustees' ability to pay for the	26310
improvements with current revenues or by financing the	26311
improvements.	26312

(b) Upon receiving proposals under division (C)(1)(c) of this	26313
section, the board of library trustees shall analyze the proposals	26314
and the vendors' qualifications and select the most qualified	26315
vendor to prepare an energy conservation report in accordance with	26316
division (B) of this section. After receipt and review of the	26317
energy conservation report, the board of library trustees may	26318
award a contract to the selected vendor to install the energy	26319
conservation measures that are most likely to result in the	26320
greatest energy savings considering the cost of the project and	26321
the board of library trustees' ability to pay for the improvements	26322
with current revenues or by financing the improvements.	26323

(c) The awarding of a contract to install energy conservation	26324
measures under division (C)(2)(a) or (b) of this section shall be	26325
conditioned upon a finding by the board of library trustees that	26326
the amount of money spent on energy conservation measures is not	26327
likely to exceed the amount of money the library would save in	26328
energy, operating, maintenance, and avoided capital costs over the	26329
average system life of the energy conservation measures as	26330
specified in the energy conservation report. In making such a	26331
finding, the board of trustees may take into account the increased	26332
costs due to inflation as shown in the energy conservation report.	26333
Nothing in this division prohibits a board of library trustees	26334
from rejecting all bids or proposals under division (C)(1)(b) or	26335
(c) of this section or from selecting more than one bid or	26336
proposal.	26337

(D) A board of library trustees appointed pursuant to section	26338
3375.06, 3375.10, 3375.12, 3375.15, 3375.22, or 3375.30 of the	26339
Revised Code may contract for the purchase and installation of	26340
energy conservation measures as provided in division (C) of	26341
section 3375.40 of the Revised Code.	26342

Sec. 3383.02. (A) There is hereby created the Ohio cultural	26343
facilities commission. The commission shall engage in and provide	26344
for the development, performance, and presentation or making	26345
available of culture and professional sports and athletics to the	26346
public in this state, and the provision of training or education	26347
in culture, by the exercise of its powers under this chapter,	26348
including the provision, operation, management, and cooperative	26349
use of Ohio cultural facilities and Ohio sports facilities. The	26350
commission is a body corporate and politic, an agency of state	26351
government and an instrumentality of the state, performing	26352
essential governmental functions of this state. The carrying out	26353
of the purposes and the exercise by the commission of its powers	26354
conferred by this chapter are essential public functions and	26355
public purposes of the state and of state government. The	26356
commission may, in its own name, sue and be sued, enter into	26357
contracts, and perform all the powers and duties given to it by	26358
this chapter; however, it does not have and shall not exercise the	26359
power of eminent domain.	26360

(B) The commission shall consist of twelve members, nine of	26361
whom shall be voting members and three of whom shall be nonvoting	26362
members. The nine voting members shall be appointed by the	26363
governor, with the advice and consent of the senate, from	26364
different geographical regions of the state. In addition, one of	26365
the voting members shall represent the ~~state architect~~Ohio	26366
facilities construction commission. Not more than five of the	26367
members appointed by the governor shall be affiliated with the	26368
same political party. The nonvoting members shall be the staff	26369
director of the Ohio arts council, a member of the senate	26370
appointed by the president of the senate, and a member of the	26371
house of representatives appointed by the speaker of the house.	26372

(C) Of the five initial appointments made by the governor,	26373
one shall be for a term expiring December 31, 1989, two shall be	26374
for terms expiring December 31, 1990, and two shall be for terms	26375
expiring December 31, 1991. Of the initial appointments of the	26376
sixth and seventh voting members made by the governor, one shall	26377
be for a term expiring December 31, 2003, and one shall be for a	26378
term expiring December 31, 2004. Of the initial appointments of	26379
the eighth and ninth voting members made by the governor, one	26380
shall be for a term expiring December 31, 2007, and one shall be	26381
for a term expiring December 31, 2008. These voting members shall	26382
be appointed within sixty days after ~~the effective date of this~~	26383
~~amendment~~September 29, 2005. Thereafter, each such term shall be	26384
for three years, commencing on the first day of January and ending	26385
on the thirty-first day of December. Each appointment by the	26386
president of the senate and by the speaker of the house of	26387
representatives shall be for the balance of the then legislative	26388
biennium. Each member shall hold office from the date of the	26389
member's appointment until the end of the term for which the	26390
member was appointed. Any member appointed to fill a vacancy	26391
occurring prior to the expiration of the term for which the	26392
member's predecessor was appointed shall hold office for the	26393
remainder of such term. Any member shall continue in office	26394
subsequent to the expiration date of the member's term until the	26395
member's successor takes office, or until a period of sixty days	26396
has elapsed, whichever occurs first.	26397

(D) Members of the commission shall serve without	26398
compensation.	26399

(E) Organizational meetings of the commission shall be held	26400
at the first meeting of each calendar year. At each organizational	26401
meeting, the commission shall elect from among its voting members	26402
a chairperson, a vice-chairperson, and a secretary-treasurer, who	26403
shall serve until the next annual meeting. The commission shall	26404
adopt rules pursuant to section 111.15 of the Revised Code for the	26405
conduct of its internal business and shall keep a journal of its	26406
proceedings.	26407

(F) Five voting members of the commission constitute a	26408
quorum, and the affirmative vote of five members is necessary for	26409
approval of any action taken by the commission. A vacancy in the	26410
membership of the commission does not impair a quorum from	26411
exercising all the rights and performing all the duties of the	26412
commission. Meetings of the commission may be held anywhere in the	26413
state, and shall be held in compliance with section 121.22 of the	26414
Revised Code.	26415

(G) All expenses incurred in carrying out this chapter are	26416
payable solely from money accrued under this chapter or	26417
appropriated for these purposes by the general assembly, and the	26418
commission shall incur no liability or obligation beyond such	26419
money.	26420

(H) The commission shall file an annual report of its	26421
activities and finances with the governor, director of budget and	26422
management, speaker of the house of representatives, president of	26423
the senate, and chairpersons of the house and senate finance	26424
committees.	26425

(I) There is hereby established in the state treasury the	26426
Ohio cultural facilities commission administration fund. All	26427
revenues of the commission shall be credited to that fund and to	26428
any accounts created in that fund with the commission's approval.	26429
All expenses of the commission, including reimbursement of, or	26430
payment to, any other fund or any governmental agency for advances	26431
made or services rendered to or on behalf of the commission, shall	26432
be paid from that fund as determined by or pursuant to directions	26433
of the commission. All investment earnings of that fund shall be	26434
credited to it and shall be allocated among any accounts created	26435
in the fund in the manner determined by the commission.	26436

(J) Title to all real property and lesser interests in real	26437
property acquired by the commission, including leasehold and other	26438
interests, pursuant to this chapter shall be taken in the name of	26439
the state and shall be held for the use and benefit of the	26440
commission. The commission shall not mortgage such real property	26441
and interests in real property. Title to other property and	26442
interests in it acquired by the commission pursuant to this	26443
chapter shall be taken in its name.	26444

Sec. 3383.07. (A) The ~~department of administrative services~~	26445
Ohio facilities construction commission shall provide for the	26446
construction of a cultural project in conformity with Chapter 153.	26447
of the Revised Code, except as follows:	26448

(1) For a cultural project other than a state historical	26449
facility, construction services may be provided on behalf of the	26450
state by the Ohio cultural facilities commission, or by a	26451
governmental agency or a cultural organization that occupies, will	26452
occupy, or is responsible for the Ohio cultural facility, as	26453
determined by the Ohio cultural facilities commission. For a	26454
project receiving a state appropriation of fifty thousand dollars	26455
or less, the Ohio cultural facilities commission may delegate to	26456
its executive director the authority to approve the provision of	26457
construction services by such an agency or organization, but not	26458
the authority to disapprove that provision. Construction services	26459
to be provided by a governmental agency or a cultural organization	26460
shall be specified in an agreement between the Ohio cultural	26461
facilities commission and the governmental agency or cultural	26462
organization. The agreement, or any actions taken under it, are	26463
not subject to Chapter 123. or 153. of the Revised Code, except	26464
for sections 123.081 and 153.011 of the Revised Code, and shall be	26465
subject to Chapter 4115. of the Revised Code.	26466

(2) For a cultural project that is a state historical	26467
facility, construction services may be provided by the Ohio	26468
cultural facilities commission or by a cultural organization that	26469
occupies, will occupy, or is responsible for the facility, as	26470
determined by the Ohio cultural facilities commission. For a	26471
facility receiving a state appropriation of fifty thousand dollars	26472
or less, the Ohio cultural facilities commission may delegate to	26473
its executive director the authority to approve the provision of	26474
construction services by such an organization, but not the	26475
authority to disapprove that provision. The construction services	26476
to be provided by the cultural organization shall be specified in	26477
an agreement between the Ohio cultural facilities commission and	26478
the cultural organization. That agreement, and any actions taken	26479
under it, are not subject to Chapter 123., 153., or 4115. of the	26480
Revised Code.	26481

(B) For an Ohio sports facility that is financed in part by	26482
obligations issued pursuant to Chapter 154. of the Revised Code,	26483
construction services shall be provided on behalf of the state by	26484
or at the direction of the governmental agency or nonprofit	26485
corporation that will own or be responsible for the management of	26486
the facility, all as determined by the Ohio cultural facilities	26487
commission. For a facility receiving a state appropriation of	26488
fifty thousand dollars or less, the Ohio cultural facilities	26489
commission may delegate to its executive director the authority to	26490
approve the provision of construction services by or at the	26491
direction of the agency or corporation, but not the authority to	26492
disapprove that provision. Any construction services to be	26493
provided by a governmental agency or nonprofit corporation shall	26494
be specified in an agreement between the Ohio cultural facilities	26495
commission and the governmental agency or nonprofit corporation.	26496
That agreement, and any actions taken under it, are not subject to	26497
Chapter 123. or 153. of the Revised Code, except for sections	26498
123.081 and 153.011 of the Revised Code, and shall be subject to	26499
Chapter 4115. of the Revised Code.	26500

(C) General building services for an Ohio cultural facility	26501
shall be provided by the Ohio cultural facilities commission or by	26502
a cultural organization that occupies, will occupy, or is	26503
responsible for the facility, as determined by the Ohio cultural	26504
facilities commission. For a facility receiving a state	26505
appropriation of fifty thousand dollars or less, the Ohio cultural	26506
facilities commission may delegate to its executive director the	26507
authority to approve the provision of general building services by	26508
such an organization, but not the authority to disapprove that	26509
provision. Alternatively, the Ohio building authority may elect to	26510
provide those services for Ohio cultural facilities financed with	26511
proceeds of state bonds issued by the authority. The costs of	26512
management and general building services shall be paid by the	26513
cultural organization that occupies, will occupy, or is	26514
responsible for the facility as provided in an agreement between	26515
the Ohio cultural facilities commission and the cultural	26516
organization, except that the state may pay for general building	26517
services for state-owned cultural facilities constructed on	26518
state-owned land.	26519

General building services for an Ohio sports facility shall	26520
be provided by or at the direction of the governmental agency or	26521
nonprofit corporation that will be responsible for the management	26522
of the facility, all as determined by the Ohio cultural facilities	26523
commission. For a facility receiving a state appropriation of	26524
fifty thousand dollars or less, the Ohio cultural facilities	26525
commission may delegate to its executive director the authority to	26526
approve the provision of general building services by or at the	26527
direction of the agency or corporation, but not the authority to	26528
disapprove that provision. Any general building services to be	26529
provided by a governmental agency or nonprofit corporation for an	26530
Ohio sports facility shall be specified in an agreement between	26531
the Ohio cultural facilities commission and the governmental	26532
agency or nonprofit corporation. That agreement, and any actions	26533
taken under it, are not subject to Chapter 123. or 153. of the	26534
Revised Code, except for sections 123.081 and 153.011 of the	26535
Revised Code, and shall be subject to Chapter 4115. of the Revised	26536
Code.	26537

(D) This division does not apply to a state historical	26538
facility. No state funds, including any state bond proceeds, shall	26539
be spent on the construction of any cultural project under this	26540
chapter unless, with respect to the cultural project and to the	26541
Ohio cultural facility related to the project, all of the	26542
following apply:	26543

(1) The Ohio cultural facilities commission has determined	26544
that there is a need for the cultural project and the Ohio	26545
cultural facility related to the project in the region of the	26546
state in which the Ohio cultural facility is located or for which	26547
the facility is proposed. For a project receiving a state	26548
appropriation of fifty thousand dollars or less, the Ohio cultural	26549
facilities commission may delegate to its executive director the	26550
authority to determine need but only in the affirmative.	26551

(2) The Ohio cultural facilities commission has determined	26552
that, as an indication of substantial regional support for the	26553
cultural project, the cultural organization has made provision	26554
satisfactory to the Ohio cultural facilities commission, in its	26555
sole discretion, for local contributions amounting to not less	26556
than fifty per cent of the total state funding for the cultural	26557
project. For a project receiving a state appropriation of fifty	26558
thousand dollars or less, the Ohio cultural facilities commission	26559
may delegate to its executive director the authority to determine	26560
the adequacy of the regional support but only in the affirmative.	26561

(3) The general assembly has specifically authorized the	26562
spending of money on, or made an appropriation for, the	26563
construction of the cultural project, or for rental payments	26564
relating to the financing of the construction of the cultural	26565
project. Authorization to spend money, or an appropriation, for	26566
planning the cultural project does not constitute authorization to	26567
spend money on, or an appropriation for, construction of the	26568
cultural project.	26569

(E) No state funds, including any state bond proceeds, shall	26570
be spent on the construction of any state historical facility	26571
under this chapter unless the general assembly has specifically	26572
authorized the spending of money on, or made an appropriation for,	26573
the construction of the state historical project related to the	26574
facility, or for rental payments relating to the financing of the	26575
construction of the state historical project. Authorization to	26576
spend money, or an appropriation, for planning the state	26577
historical project does not constitute authorization to spend	26578
money on, or an appropriation for, the construction of the state	26579
historical project.	26580

(F) State funds shall not be used to pay or reimburse more	26581
than fifteen per cent of the initial estimated construction cost	26582
of an Ohio sports facility, excluding any site acquisition cost,	26583
and no state funds, including any state bond proceeds, shall be	26584
spent on any Ohio sports facility under this chapter unless, with	26585
respect to that facility, all of the following apply:	26586

(1) The Ohio cultural facilities commission has determined	26587
that there is a need for the facility in the region of the state	26588
for which the facility is proposed to provide the function of an	26589
Ohio sports facility as provided for in this chapter. For a	26590
facility receiving a state appropriation of fifty thousand dollars	26591
or less, the Ohio cultural facilities commission may delegate to	26592
its executive director the authority to determine need but only in	26593
the affirmative.	26594

(2) As an indication of substantial local support for the	26595
facility, the Ohio cultural facilities commission has received a	26596
financial and development plan satisfactory to it, and provision	26597
has been made, by agreement or otherwise, satisfactory to the Ohio	26598
cultural facilities commission, for a contribution amounting to	26599
not less than eighty-five per cent of the total estimated	26600
construction cost of the facility, excluding any site acquisition	26601
cost, from sources other than the state. For a facility receiving	26602
a state appropriation of fifty thousand dollars or less, the Ohio	26603
cultural facilities commission may delegate to its executive	26604
director the authority to evaluate the financial and development	26605
plan and the contribution and to determine their adequacy but only	26606
in the affirmative.	26607

(3) The general assembly has specifically authorized the	26608
spending of money on, or made an appropriation for, the	26609
construction of the facility, or for rental payments relating to	26610
state financing of all or a portion of the costs of constructing	26611
the facility. Authorization to spend money, or an appropriation,	26612
for planning or determining the feasibility of or need for the	26613
facility does not constitute authorization to spend money on, or	26614
an appropriation for, costs of constructing the facility.	26615

(4) If state bond proceeds are being used for the Ohio sports	26616
facility, the state or a governmental agency owns or has	26617
sufficient property interests in the facility or in the site of	26618
the facility or in the portion or portions of the facility	26619
financed from proceeds of state bonds, which may include, but is	26620
not limited to, the right to use or to require the use of the	26621
facility for the presentation of sport and athletic events to the	26622
public at the facility.	26623

(G) In addition to the requirements of division (F) of this	26624
section, no state funds, including any state bond proceeds, shall	26625
be spent on any Ohio sports facility that is a motorsports	26626
complex, unless, with respect to that facility, both of the	26627
following apply:	26628

(1) Motorsports events shall be presented at the facility	26629
pursuant to a lease entered into with the owner of the facility.	26630
The term of the lease shall be for a period of not less than the	26631
greater of the useful life of the portion of the facility financed	26632
from proceeds of state bonds as determined using the guidelines	26633
for maximum maturities as provided under divisions (B) and (C) of	26634
section 133.20 of the Revised Code, or the period of time	26635
remaining to the date of payment or provision for payment of	26636
outstanding state bonds allocable to costs of the facility, all as	26637
determined by the director of budget and management and certified	26638
by the director to the Ohio cultural facilities commission and to	26639
the treasurer of state.	26640

(2) Any motorsports organization that commits to using the	26641
facility for an established period of time shall give the	26642
political subdivision in which the facility is located not less	26643
than six months' advance notice if the organization intends to	26644
cease utilizing the facility prior to the expiration of that	26645
established period. Such a motorsports organization shall be	26646
liable to the state for any state funds used on the construction	26647
costs of the facility.	26648

(H) In addition to the requirements of division (F) of this	26649
section, no state bond proceeds shall be spent on any Ohio sports	26650
facility that is a tennis facility, unless the owner or manager of	26651
the facility provides contractual commitments from a national or	26652
international professional tennis organization in a form	26653
acceptable to the cultural facilities commission that assures that	26654
one or more sanctioned professional tennis events will be	26655
presented at the facility during each year that the bonds remain	26656
outstanding.	26657

Sec. 3517.20. (A)(1) As used in this section:

26658

(a) "Political publication for or against a candidate" means	26659
a notice, placard, advertisement, sample ballot, brochure, flyer,	26660
direct mailer, or other form of general publication that is	26661
designed to promote the nomination, election, or defeat of a	26662
candidate.	26663

(b) "Political publication for or against an issue" means a	26664
notice, placard, advertisement, sample ballot, brochure, flyer,	26665
direct mailer, or other form of general publication that is	26666
designed to promote the adoption or defeat of a ballot issue or	26667
question or to influence the voters in an election.	26668

(c) "Public political advertising" means newspapers,	26669
magazines, outdoor advertising facilities, direct mailings, or	26670
other similar types of general public political advertising, or	26671
flyers, handbills, or other nonperiodical printed matter.	26672

(d) "Statewide candidate" has the same meaning as in section	26673
3517.102 of the Revised Code.	26674

(e) "Legislative candidate" means a candidate for the office	26675
of member of the general assembly.	26676

(f) "Local candidate" means a candidate for an elective	26677
office of a political subdivision of this state.	26678

(g) "Legislative campaign fund" has the same meaning as in	26679
section 3517.01 of the Revised Code.	26680

(h) "Limited political action committee" means a political	26681
action committee of fewer than ten members.	26682

(i) "Limited political contributing entity" means a political	26683
contributing entity of fewer than ten members.	26684

(j) "Designated amount" means one hundred dollars in the case	26685
of a local candidate or a local ballot issue, two hundred fifty	26686
dollars in the case of a legislative candidate, or five hundred	26687
dollars in the case of a statewide candidate or a statewide ballot	26688
issue.	26689

(k) "To issue" includes to print, post, distribute, reproduce	26690
for distribution, or cause to be issued, printed, posted,	26691
distributed, or reproduced for distribution.	26692

(l) "Telephone bank" means more than five hundred telephone	26693
calls of an identical or substantially similar nature within any	26694
thirty-day period, whether those telephone calls are made by	26695
individual callers or by recording.	26696

(2)(a) No candidate, ~~campaign committee,~~ legislative campaign	26697
fund, political party, or other entity, except a political action	26698
committee or, a political contributing entity, or a campaign	26699
committee, shall issue a form of political publication for or	26700
against a candidate, or shall make an expenditure for the purpose	26701
of financing political communications in support of or opposition	26702
to a candidate through public political advertising, unless the	26703
name and residence or business address of the candidate or the	26704
chairperson, treasurer, or secretary of the ~~campaign committee,~~	26705
legislative campaign fund, political party, or other entity that	26706
issues or otherwise is responsible for that political publication	26707
or that makes an expenditure for that political communication	26708
appears in a conspicuous place on that political publication or is	26709
contained within that political communication.	26710

(b) No campaign committee shall issue a form of political	26711
publication for or against a candidate, or shall make an	26712
expenditure for the purpose of financing political communications	26713
in support of or opposition to a candidate through public	26714
political advertising, unless the name of the campaign committee	26715
appears in a conspicuous place on that political publication or is	26716
contained within that political communication.	26717

(3) No limited political action committee or limited	26718
political contributing entity shall do either of the following	26719
unless the name and residence or business address of the	26720
chairperson, treasurer, or secretary of the limited political	26721
action committee or limited political contributing entity involved	26722
appears in a conspicuous place in the political publication for or	26723
against a candidate described in division (A)(3)(a) of this	26724
section or is contained within the political communication	26725
described in division (A)(3)(b) of this section:	26726

(a) Issue a form of political publication for or against a	26727
candidate that costs in excess of the designated amount or that is	26728
issued in cooperation, consultation, or concert with, or at the	26729
request or suggestion of, a candidate, a campaign committee, a	26730
legislative campaign fund, a political party, a political action	26731
committee with ten or more members, a political contributing	26732
entity with ten or more members, or a limited political action	26733
committee or limited political contributing entity that spends in	26734
excess of the designated amount on a related or the same or	26735
similar political publication for or against a candidate;	26736

(b) Make an expenditure in excess of the designated amount in	26737
support of or opposition to a candidate or make an expenditure in	26738
cooperation, consultation, or concert with, or at the request or	26739
suggestion of, a candidate, a campaign committee, a legislative	26740
campaign fund, a political party, a political action committee	26741
with ten or more members, a political contributing entity with ten	26742
or more members, or a limited political action committee or	26743
limited political contributing entity that spends in excess of the	26744
designated amount in support of or opposition to the same	26745
candidate, for the purpose of financing political communications	26746
in support of or opposition to that candidate through public	26747
political advertising.	26748

(4) No political action committee with ten or more members	26749
and no political contributing entity with ten or more members	26750
shall issue a form of political publication for or against a	26751
candidate, or shall make an expenditure for the purpose of	26752
financing political communications in support of or opposition to	26753
a candidate through public political advertising, unless the name	26754
and residence or business address of the chairperson, treasurer,	26755
or secretary of the political action committee or political	26756
contributing entity that issues or otherwise is responsible for	26757
that political publication or that makes an expenditure for that	26758
political communication through public political advertising	26759
appears in a conspicuous place in that political publication or is	26760
contained within that political communication.	26761

(5)(a) No corporation, labor organization, ~~campaign~~	26762
~~committee,~~ legislative campaign fund, political party, or other	26763
entity, except a political action committee or a campaign	26764
committee, shall issue a form of political publication for or	26765
against an issue, or shall make an expenditure for the purpose of	26766
financing political communications in support of or opposition to	26767
a ballot issue or question through public political advertising,	26768
unless the name and residence or business address of the	26769
chairperson, treasurer, or secretary of the corporation, labor	26770
organization, ~~campaign committee,~~ legislative campaign fund,	26771
political party, or other entity that issues or otherwise is	26772
responsible for that political publication or that makes an	26773
expenditure for that political communication through public	26774
political advertising appears in a conspicuous place in that	26775
political publication or is contained within that political	26776
communication.	26777

(b) No campaign committee shall issue a form of political	26778
publication for or against an issue, or shall make an expenditure	26779
for the purpose of financing political communications in support	26780
of or opposition to a ballot issue or question through public	26781
political advertising, unless the name of the campaign committee	26782
appears in a conspicuous place in that political publication or is	26783
contained within that political communication.	26784

(6) No limited political action committee shall do either of	26785
the following unless the name and residence or business address of	26786
the chairperson, treasurer, or secretary of the limited political	26787
action committee involved appears in a conspicuous place in the	26788
political publication for or against a ballot issue described in	26789
division (A)(6)(a) of this section or is contained within the	26790
political communication described in division (A)(6)(b) of this	26791
section:	26792

(a) Issue a form of political publication for or against a	26793
ballot issue that costs in excess of the designated amount or that	26794
is issued in cooperation, consultation, or concert with, or at the	26795
request or suggestion of, a candidate, a campaign committee, a	26796
legislative campaign fund, a political party, a political action	26797
committee with ten or more members, or a limited political action	26798
committee that spends in excess of the designated amount for a	26799
related or the same or similar political publication for or	26800
against an issue;	26801

(b) Make an expenditure in excess of the designated amount in	26802
support of or opposition to a ballot issue or make an expenditure	26803
in cooperation, consultation, or concert with, or at the request	26804
or suggestion of, a candidate, a campaign committee, a legislative	26805
campaign fund, a political party, a political action committee	26806
with ten or more members, or a limited political action committee	26807
that spends in excess of the designated amount in support of or	26808
opposition to the same ballot issue, for the purpose of financing	26809
political communications in support of or opposition to that	26810
ballot issue through public political advertising.	26811

(7) No political action committee with ten or more members	26812
shall issue a form of political publication for or against an	26813
issue, or shall make an expenditure for the purpose of financing	26814
political communications in support of or opposition to a ballot	26815
issue or question through public political advertising, unless the	26816
name and residence or business address of the chairperson,	26817
treasurer, or secretary of the political action committee that	26818
issues or otherwise is responsible for that political publication	26819
or that makes an expenditure for that political communication	26820
appears in a conspicuous place in that political publication or is	26821
contained within that political communication.	26822

(8) The disclaimer "paid political advertisement" is not	26823
sufficient to meet the requirements of this section.	26824

(9) If the political publication described in division (A) of	26825
this section is issued by the regularly constituted central or	26826
executive committee of a political party that is organized as	26827
provided in this chapter, it shall be sufficiently identified if	26828
it bears the name of the committee and its chairperson or	26829
treasurer.	26830

(10) If more than one piece of printed matter or printed	26831
political communications are mailed as a single packet, the	26832
requirements of division (A) of this section are met if one of the	26833
pieces of printed matter or printed political communications in	26834
the packet contains the name and residence or business address of	26835
the chairperson, treasurer, or secretary of the organization or	26836
entity that issues or is responsible for the printed matter or	26837
other printed political communications, except that if a campaign	26838
committee mails more than one piece of printed matter or printed	26839
political communications as a single packet, the requirements of	26840
division (A) of this section are met if one of the pieces of	26841
printed matter or printed political communications in the packet	26842
contains the name of the campaign committee.	26843

(11) This section does not apply to the transmittal of	26844
personal correspondence that is not reproduced by machine for	26845
general distribution.	26846

(12) The secretary of state, by rule, may exempt from the	26847
requirements of this section, printed matter and certain other	26848
kinds of printed communications such as campaign buttons,	26849
balloons, pencils, or similar items, the size or nature of which	26850
makes it unreasonable to add an identification or disclaimer.	26851

(13) The disclaimer or identification described in division	26852
(A) of this section, when paid for by a campaign committee, shall	26853
be identified by the words "paid for by" followed by the name ~~and~~	26854
~~address~~ of the campaign committee and the appropriate officer of	26855
the committee, identified by name and title. The identification or	26856
disclaimer may use reasonable abbreviations for common terms such	26857
as "treasurer" or "committee".	26858

(B)(1) No candidate, campaign committee, legislative campaign	26859
fund, political party, political action committee, limited	26860
political action committee, political contributing entity, limited	26861
political contributing entity, or other entity shall utter or	26862
cause to be uttered, over the broadcasting facilities of any radio	26863
or television station within this state, any communication that is	26864
designed to promote the nomination, election, or defeat of a	26865
candidate, or the adoption or defeat of an issue or to influence	26866
the voters in an election, unless the speaker identifies the	26867
speaker with the speaker's name and residence address or unless	26868
the communication identifies the chairperson, treasurer, or	26869
secretary of the organization responsible for the communication	26870
with the name and residence or business address of that officer,	26871
except that communications by radio need not broadcast the	26872
residence or business address of the officer. However, a radio	26873
station, for a period of at least six months, shall keep the	26874
residence or business address on file and divulge it to any person	26875
upon request.	26876

No person operating a broadcast station or an organ of	26877
printed media shall broadcast or print a paid political	26878
communication that does not contain the identification required by	26879
this section.	26880

(2) Division (B) of this section does not apply to any	26881
communications made on behalf of a radio or television station or	26882
network by any employee of such radio or television station or	26883
network while acting in the course of the employee's employment.	26884

(3) No candidate or entity described in division (B)(1) of	26885
this section shall use or cause to be used a false, fictitious, or	26886
fraudulent name or address in the making or issuing of a	26887
publication or communication included within the provisions of	26888
this section.	26889

(C) No candidate, campaign committee, legislative campaign	26890
fund, political party, political action committee, limited	26891
political action committee, political contributing entity, limited	26892
political contributing entity, or other person or entity shall	26893
conduct a telephone bank for the purpose of promoting the	26894
nomination, election, or defeat of a candidate or the adoption or	26895
defeat of an issue or to influence the voters in an election,	26896
unless the call includes a disclaimer that identifies the name of	26897
the candidate, campaign committee, legislative campaign fund,	26898
political party, political action committee, limited political	26899
action committee, political contributing entity, limited political	26900
contributing entity, or other person or entity paying for the	26901
telephone bank.	26902

(D) Before a prosecution may commence under this section, a	26903
complaint shall be filed with the Ohio elections commission under	26904
section 3517.153 of the Revised Code. After the complaint is	26905
filed, the commission shall proceed in accordance with sections	26906
3517.154 to 3517.157 of the Revised Code.	26907

Sec. 3701.021. (A) The ~~public~~director of health ~~council~~	26908
shall adopt, in accordance with Chapter 119. of the Revised Code,	26909
such rules as are necessary to carry out sections 3701.021 to	26910
3701.0210 of the Revised Code, including, but not limited to,	26911
rules to establish the following:	26912

(1) Medical and financial eligibility requirements for the	26913
program for medically handicapped children;	26914

(2) Eligibility requirements for providers of services for	26915
medically handicapped children;	26916

(3) Procedures to be followed by the department of health in	26917
disqualifying providers for violating requirements adopted under	26918
division (A)(2) of this section;	26919

(4) Procedures to be used by the department regarding	26920
application for diagnostic services under division (B) of section	26921
3701.023 of the Revised Code and payment for those services under	26922
division (E) of that section;	26923

(5) Standards for the provision of service coordination by	26924
the department of health and city and general health districts;	26925

(6) Procedures for the department to use to determine the	26926
amount to be paid annually by each county for services for	26927
medically handicapped children and to allow counties to retain	26928
funds under divisions (A)(2) and (3) of section 3701.024 of the	26929
Revised Code;	26930

(7) Financial eligibility requirements for services for Ohio	26931
residents twenty-one years of age or older who have cystic	26932
fibrosis;	26933

(8) Criteria for payment of approved providers who provide	26934
services for medically handicapped children;	26935

(9) Criteria for the department to use in determining whether	26936
the payment of health insurance premiums of participants in the	26937
program for medically handicapped children is cost-effective;	26938

(10) Procedures for appeal of denials of applications under	26939
divisions (A) and (D) of section 3701.023 of the Revised Code,	26940
disqualification of providers, and amounts paid for services;	26941

(11) Terms of appointment for members of the medically	26942
handicapped children's medical advisory council created in section	26943
3701.025 of the Revised Code;	26944

(12) Eligibility requirements for the hemophilia program,	26945
including income and hardship requirements;	26946

(13) If a manufacturer discount program is established under	26947
division (J)(1) of section 3701.023 of the Revised Code,	26948
procedures for administering the program, including criteria and	26949
other requirements for participation in the program by	26950
manufacturers of drugs and nutritional formulas.	26951

(B) The department of health shall develop a manual of	26952
operational procedures and guidelines for the program for	26953
medically handicapped children to implement sections 3701.021 to	26954
3701.0210 of the Revised Code.	26955

Sec. 3701.023. (A) The department of health shall review	26956
applications for eligibility for the program for medically	26957
handicapped children that are submitted to the department by city	26958
and general health districts and physician providers approved in	26959
accordance with division (C) of this section. The department shall	26960
determine whether the applicants meet the medical and financial	26961
eligibility requirements established by the ~~public~~director of	26962
health ~~council~~ pursuant to division (A)(1) of section 3701.021 of	26963
the Revised Code, and by the department in the manual of	26964
operational procedures and guidelines for the program for	26965
medically handicapped children developed pursuant to division (B)	26966
of that section. Referrals of potentially eligible children for	26967
the program may be submitted to the department on behalf of the	26968
child by parents, guardians, public health nurses, or any other	26969
interested person. The department of health may designate other	26970
agencies to refer applicants to the department of health.	26971

(B) In accordance with the procedures established in rules	26972
adopted under division (A)(4) of section 3701.021 of the Revised	26973
Code, the department of health shall authorize a provider or	26974
providers to provide to any Ohio resident under twenty-one years	26975
of age, without charge to the resident or the resident's family	26976
and without restriction as to the economic status of the resident	26977
or the resident's family, diagnostic services necessary to	26978
determine whether the resident has a medically handicapping or	26979
potentially medically handicapping condition.	26980

(C) The department of health shall review the applications of	26981
health professionals, hospitals, medical equipment suppliers, and	26982
other individuals, groups, or agencies that apply to become	26983
providers. The department shall enter into a written agreement	26984
with each applicant who is determined, pursuant to the	26985
requirements set forth in rules adopted under division (A)(2) of	26986
section 3701.021 of the Revised Code, to be eligible to be a	26987
provider in accordance with the provider agreement required by the	26988
medical assistance program established under section 5111.01 of	26989
the Revised Code. No provider shall charge a medically handicapped	26990
child or the child's parent or guardian for services authorized by	26991
the department under division (B) or (D) of this section.	26992

The department, in accordance with rules adopted under	26993
division (A)(3) of section 3701.021 of the Revised Code, may	26994
disqualify any provider from further participation in the program	26995
for violating any requirement set forth in rules adopted under	26996
division (A)(2) of that section. The disqualification shall not	26997
take effect until a written notice, specifying the requirement	26998
violated and describing the nature of the violation, has been	26999
delivered to the provider and the department has afforded the	27000
provider an opportunity to appeal the disqualification under	27001
division (H) of this section.	27002

(D) The department of health shall evaluate applications from	27003
city and general health districts and approved physician providers	27004
for authorization to provide treatment services, service	27005
coordination, and related goods to children determined to be	27006
eligible for the program for medically handicapped children	27007
pursuant to division (A) of this section. The department shall	27008
authorize necessary treatment services, service coordination, and	27009
related goods for each eligible child in accordance with an	27010
individual plan of treatment for the child. As an alternative, the	27011
department may authorize payment of health insurance premiums on	27012
behalf of eligible children when the department determines, in	27013
accordance with criteria set forth in rules adopted under division	27014
(A)(9) of section 3701.021 of the Revised Code, that payment of	27015
the premiums is cost-effective.	27016

(E) The department of health shall pay, from appropriations	27017
to the department, any necessary expenses, including but not	27018
limited to, expenses for diagnosis, treatment, service	27019
coordination, supportive services, transportation, and accessories	27020
and their upkeep, provided to medically handicapped children,	27021
provided that the provision of the goods or services is authorized	27022
by the department under division (B) or (D) of this section. Money	27023
appropriated to the department of health may also be expended for	27024
reasonable administrative costs incurred by the program. The	27025
department of health also may purchase liability insurance	27026
covering the provision of services under the program for medically	27027
handicapped children by physicians and other health care	27028
professionals.	27029

Payments made to providers by the department of health	27030
pursuant to this division for inpatient hospital care, outpatient	27031
care, and all other medical assistance furnished to eligible	27032
recipients shall be made in accordance with rules adopted by the	27033
~~public~~director of health ~~council~~ pursuant to division (A) of	27034
section 3701.021 of the Revised Code.	27035

The departments of health and job and family services shall	27036
jointly implement procedures to ensure that duplicate payments are	27037
not made under the program for medically handicapped children and	27038
the medical assistance program established under section 5111.01	27039
of the Revised Code and to identify and recover duplicate	27040
payments.	27041

(F) At the time of applying for participation in the program	27042
for medically handicapped children, a medically handicapped child	27043
or the child's parent or guardian shall disclose the identity of	27044
any third party against whom the child or the child's parent or	27045
guardian has or may have a right of recovery for goods and	27046
services provided under division (B) or (D) of this section. The	27047
department of health shall require a medically handicapped child	27048
who receives services from the program or the child's parent or	27049
guardian to apply for all third-party benefits for which the child	27050
may be eligible and require the child, parent, or guardian to	27051
apply all third-party benefits received to the amount determined	27052
under division (E) of this section as the amount payable for goods	27053
and services authorized under division (B) or (D) of this section.	27054
The department is the payer of last resort and shall pay for	27055
authorized goods or services, up to the amount determined under	27056
division (E) of this section for the authorized goods or services,	27057
only to the extent that payment for the authorized goods or	27058
services is not made through third-party benefits. When a third	27059
party fails to act on an application or claim for benefits by a	27060
medically handicapped child or the child's parent or guardian, the	27061
department shall pay for the goods or services only after ninety	27062
days have elapsed since the date the child, parents, or guardians	27063
made an application or claim for all third-party benefits.	27064
Third-party benefits received shall be applied to the amount	27065
determined under division (E) of this section. Third-party	27066
payments for goods and services not authorized under division (B)	27067
or (D) of this section shall not be applied to payment amounts	27068
determined under division (E) of this section. Payment made by the	27069
department shall be considered payment in full of the amount	27070
determined under division (E) of this section. Medicaid payments	27071
for persons eligible for the medical assistance program	27072
established under section 5111.01 of the Revised Code shall be	27073
considered payment in full of the amount determined under division	27074
(E) of this section.	27075

(G) The department of health shall administer a program to	27076
provide services to Ohio residents who are twenty-one or more	27077
years of age who have cystic fibrosis and who meet the eligibility	27078
requirements established ~~by the~~in rules ofadopted by the ~~public~~	27079
director of health ~~council~~ pursuant to division (A)(7) of section	27080
3701.021 of the Revised Code, subject to all provisions of this	27081
section, but not subject to section 3701.024 of the Revised Code.	27082

(H) The department of health shall provide for appeals, in	27083
accordance with rules adopted under section 3701.021 of the	27084
Revised Code, of denials of applications for the program for	27085
medically handicapped children under division (A) or (D) of this	27086
section, disqualification of providers, or amounts paid under	27087
division (E) of this section. Appeals under this division are not	27088
subject to Chapter 119. of the Revised Code.	27089

The department may designate ombudspersons to assist	27090
medically handicapped children or their parents or guardians, upon	27091
the request of the children, parents, or guardians, in filing	27092
appeals under this division and to serve as children's, parents',	27093
or guardians' advocates in matters pertaining to the	27094
administration of the program for medically handicapped children	27095
and eligibility for program services. The ombudspersons shall	27096
receive no compensation but shall be reimbursed by the department,	27097
in accordance with rules of the office of budget and management,	27098
for their actual and necessary travel expenses incurred in the	27099
performance of their duties.	27100

(I) The department of health, and city and general health	27101
districts providing service coordination pursuant to division	27102
(A)(2) of section 3701.024 of the Revised Code, shall provide	27103
service coordination in accordance with the standards set forth in	27104
the rules adopted under section 3701.021 of the Revised Code,	27105
without charge, and without restriction as to economic status.	27106

(J)(1) The department of health may establish a manufacturer	27107
discount program under which a manufacturer of a drug or	27108
nutritional formula is permitted to enter into an agreement with	27109
the department to provide a discount on the price of the drug or	27110
nutritional formula distributed to medically handicapped children	27111
participating in the program for medically handicapped children.	27112
The program shall be administered in accordance with rules adopted	27113
under section 3701.021 of the Revised Code.	27114

(2) If a manufacturer enters into an agreement with the	27115
department as described in division (J)(1) of this section, the	27116
manufacturer and the department may negotiate the amount and terms	27117
of the discount.	27118

(3) In lieu of establishing a discount program as described	27119
in division (J)(1) of this section, the department and a	27120
manufacturer of a drug or nutritional formula may discuss a	27121
donation of drugs, nutritional formulas, or money by the	27122
manufacturer to the department.	27123

Sec. 3701.024. (A)(1) Under a procedure established in rules	27124
adopted under section 3701.021 of the Revised Code, the department	27125
of health shall determine the amount each county shall provide	27126
annually for the program for medically handicapped children, based	27127
on a proportion of the county's total general property tax	27128
duplicate, not to exceed one-tenth of a mill, and charge the	27129
county for any part of expenses incurred under the program for	27130
treatment services on behalf of medically handicapped children	27131
having legal settlement in the county that is not paid from	27132
federal funds or through the medical assistance program	27133
established under section 5111.01 of the Revised Code. The	27134
department shall not charge the county for expenses exceeding the	27135
difference between the amount determined under division (A)(1) of	27136
this section and any amounts retained under divisions (A)(2) and	27137
(3) of this section.	27138

All amounts collected by the department under division (A)(1)	27139
of this section shall be deposited into the state treasury to the	27140
credit of the medically handicapped children-county assessment	27141
fund, which is hereby created. The fund shall be used by the	27142
department to comply with sections 3701.021 to 3701.028 of the	27143
Revised Code.	27144

(2) The department, in accordance with rules adopted under	27145
section 3701.021 of the Revised Code, may allow each county to	27146
retain up to ten per cent of the amount determined under division	27147
(A)(1) of this section to provide funds to city or general health	27148
districts of the county with which the districts shall provide	27149
service coordination, public health nursing, or transportation	27150
services for medically handicapped children.	27151

(3) In addition to any amount retained under division (A)(2)	27152
of this section, the department, in accordance with rules adopted	27153
under section 3701.021 of the Revised Code, may allow counties	27154
that it determines have significant numbers of potentially	27155
eligible medically handicapped children to retain an amount equal	27156
to the difference between:	27157

(a) Twenty-five per cent of the amount determined under	27158
division (A)(1) of this section;	27159

(b) Any amount retained under division (A)(2) of this	27160
section.	27161

Counties shall use amounts retained under division (A)(3) of	27162
this section to provide funds to city or general health districts	27163
of the county with which the districts shall conduct outreach	27164
activities to increase participation in the program for medically	27165
handicapped children.	27166

(4) Prior to any increase in the millage charged to a county,	27167
the ~~public~~director of health ~~council~~ shall hold a public hearing	27168
on the proposed increase and shall give notice of the hearing to	27169
each board of county commissioners that would be affected by the	27170
increase at least thirty days prior to the date set for the	27171
hearing. Any county commissioner may appear and give testimony at	27172
the hearing. Any increase in the millage any county is required to	27173
provide for the program for medically handicapped children shall	27174
be determined, and notice of the amount of the increase shall be	27175
provided to each affected board of county commissioners, no later	27176
than the first day of June of the fiscal year next preceding the	27177
fiscal year in which the increase will take effect.	27178

(B) Each board of county commissioners shall establish a	27179
medically handicapped children's fund and shall appropriate	27180
thereto an amount, determined in accordance with division (A)(1)	27181
of this section, for the county's share in providing medical,	27182
surgical, and other aid to medically handicapped children residing	27183
in such county and for the purposes specified in divisions (A)(2)	27184
and (3) of this section. Each county shall use money retained	27185
under divisions (A)(2) and (3) of this section only for the	27186
purposes specified in those divisions.	27187

Sec. 3701.025. There is hereby created the medically	27188
handicapped children's medical advisory council consisting of	27189
twenty-one members to be appointed by the director of health for	27190
terms set in accordance with rules adopted by the ~~public health~~	27191
~~council~~director under division (A)(11) of section 3701.021 of the	27192
Revised Code. The medically handicapped children's medical	27193
advisory council shall advise the director regarding the	27194
administration of the program for medically handicapped children,	27195
the suitable quality of medical practice for providers, and the	27196
requirements for medical eligibility for the program.	27197

All members of the council shall be licensed physicians,	27198
surgeons, dentists, and other professionals in the field of	27199
medicine, representative of the various disciplines involved in	27200
the treatment of children with medically handicapping conditions,	27201
and representative of the treatment facilities involved, such as	27202
hospitals, private and public health clinics, and private	27203
physicians' offices, and shall be eligible for the program.	27204

Members of the council shall receive no compensation, but	27205
shall receive their actual and necessary travel expenses incurred	27206
in the performance of their official duties in accordance with the	27207
rules of the office of budget and management.	27208

Sec. 3701.03. (A) The director of health shall perform	27209
duties that are incident to the director's position as chief	27210
executive officer of the department of health. The director shall	27211
administer the laws relating to health and sanitation and the	27212
rules of the department of health. The director may designate	27213
employees of the department and, during a public health emergency,	27214
other persons to administer the laws and rules on the director's	27215
behalf.	27216

(B) Nothing in this section authorizes any action that	27217
prevents the fulfillment of duties or impairs the exercise of	27218
authority established by law for any other person or entity.	27219

~~(C) The director shall prepare sanitary and public health~~	27220
~~rules for consideration by the public health council and submit to~~	27221
~~the council recommendations for new legislation. The director~~	27222
~~shall sit at meetings of the council but shall have no vote.~~	27223

Sec. 3701.05. The director of health shall keep ~~the public~~	27224
~~health council,~~ health officials, and the general public fully	27225
informed in a printed annual report in regard to the work of the	27226
department of health and on the progress that is being made in	27227
studying the cause and prevention of disease and such kindred	27228
subjects as may contribute to the welfare of the people of the	27229
state.	27230

Sec. 3701.07. (A) The ~~public~~director of health ~~council~~	27231
shall adopt rules in accordance with Chapter 119. of the Revised	27232
Code defining and classifying hospitals and dispensaries and	27233
providing for the reporting of information by hospitals and	27234
dispensaries. Except as otherwise provided in the Revised Code,	27235
the rules providing for the reporting of information shall not	27236
require inclusion of any confidential patient data or any	27237
information concerning the financial condition, income, expenses,	27238
or net worth of the facilities other than that financial	27239
information already contained in those portions of the medicare or	27240
medicaid cost report that is necessary for the department of	27241
health to certify the per diem cost under section 3701.62 of the	27242
Revised Code. The rules may require the reporting of information	27243
in the following categories:	27244

(1) Information needed to identify and classify the	27245
institution;	27246

(2) Information on facilities and type and volume of services	27247
provided by the institution;	27248

(3) The number of beds listed by category of care provided;

27249

(4) The number of licensed or certified professional	27250
employees by classification;	27251

(5) The number of births that occurred at the institution the	27252
previous calendar year;	27253

(6) Any other information that the ~~council~~director considers	27254
relevant to the safety of patients served by the institution.	27255

Every hospital and dispensary, public or private, annually	27256
shall register with and report to the department of health.	27257
Reports shall be submitted in the manner prescribed in rules	27258
adopted under this division.	27259

(B) Every governmental entity or private nonprofit	27260
corporation or association whose employees or representatives are	27261
defined as residents' rights advocates under divisions (E)(1) and	27262
(2) of section 3721.10 of the Revised Code shall register with the	27263
department of health on forms furnished by the director of health	27264
and shall provide such reasonable identifying information as the	27265
director may prescribe.	27266

The department shall compile a list of the governmental	27267
entities, corporations, or associations registering under this	27268
division and shall update the list annually. Copies of the list	27269
shall be made available to nursing home administrators as defined	27270
in division (C) of section 3721.10 of the Revised Code ~~and to~~	27271
~~adult care facility managers as defined in section 5119.70 of the~~	27272
~~Revised Code~~.	27273

Sec. 3701.072. (A) As used in this chapter:

27274

(1) "Bioterrorism" has the same meaning as in section	27275
3701.232 of the Revised Code.	27276

(2) "Surveillance" in the public health service means the	27277
systematic collection, analysis, interpretation, and dissemination	27278
of health data on an ongoing basis, to gain knowledge of the	27279
pattern of disease occurrence and potential in a community in	27280
order to control and prevent disease in the community.	27281

(3) "Trauma center" has the same meaning as in section	27282
4765.01 of the Revised Code.	27283

(B) The ~~public~~director of health ~~council~~ shall adopt rules	27284
in accordance with Chapter 119. of the Revised Code that require a	27285
trauma center to report information to the director of health	27286
describing the trauma center's preparedness and capacity to	27287
respond to disasters, mass casualties, and bioterrorism. The	27288
~~council's~~director's rules may require the reporting of any	27289
information the ~~council~~director considers necessary for an	27290
accurate description of a trauma center's preparedness and	27291
capacity to respond to disasters, mass casualties, and	27292
bioterrorism. Information reported pursuant to this division is	27293
not a public record under section 149.43 of the Revised Code.	27294

(C) Upon request, the department of health shall provide a	27295
summary report of the ~~public health council's~~ rules adopted	27296
pursuant to this section.	27297

(D) The director shall review all information received	27298
pursuant to this section. After reviewing the information, the	27299
director may conduct an evaluation of a trauma center's	27300
preparedness and capacity to respond to disasters, mass	27301
casualties, and bioterrorism. An evaluation conducted pursuant to	27302
this division is not a public record under section 149.43 of the	27303
Revised Code.	27304

Sec. 3701.11. The director of health ~~and the secretary of~~	27305
~~the public health council~~ shall have power to administer oaths in	27306
all parts of the state so far as the exercise of such power is	27307
incidental to the performance of the duties of the director ~~or of~~	27308
~~the council~~.	27309

Sec. 3701.132. The department of health is hereby designated	27310
as the state agency to administer the "special supplemental	27311
nutrition program for women, infants, and children" established	27312
under the "Child Nutrition Act of 1966," 80 Stat. 885, 42 U.S.C.	27313
1786, as amended. The ~~public~~director of health ~~council~~ may adopt	27314
rules pursuant to Chapter 119. of the Revised Code as necessary	27315
for administering the program. The rules may include civil money	27316
penalties for violations of the rules.	27317

In determining eligibility for services provided under the	27318
program, the department may use the application form established	27319
under section 5111.013 of the Revised Code for the healthy start	27320
program. The department may require applicants to furnish their	27321
social security numbers.	27322

If the department determines that a vendor has committed an	27323
act with respect to the program that federal statutes or	27324
regulations or state statutes or rules prohibit, the department	27325
shall take action against the vendor in the manner required by 7	27326
C.F.R. part 246, including imposition of a civil money penalty in	27327
accordance with 7 C.F.R. 246.12, or rules adopted under this	27328
section.	27329

Sec. 3701.146. (A) In taking actions regarding tuberculosis,	27330
the director of health has all of the following duties and powers:	27331

(1) The director shall maintain registries of hospitals,	27332
clinics, physicians, or other care providers to whom the director	27333
shall refer persons who make inquiries to the department of health	27334
regarding possible exposure to tuberculosis.	27335

(2) The director shall engage in tuberculosis surveillance	27336
activities, including the collection and analysis of	27337
epidemiological information relative to the frequency of	27338
tuberculosis infection, demographic and geographic distribution of	27339
tuberculosis cases, and trends pertaining to tuberculosis.	27340

(3) The director shall maintain a tuberculosis registry to	27341
record the incidence of tuberculosis in this state.	27342

(4) The director may appoint physicians to serve as	27343
tuberculosis consultants for geographic regions of the state	27344
specified by the director. Each tuberculosis consultant shall act	27345
in accordance with rules the director establishes and shall be	27346
responsible for advising and assisting physicians and other health	27347
care practitioners who participate in tuberculosis control	27348
activities and for reviewing medical records pertaining to the	27349
treatment provided to individuals with tuberculosis.	27350

(B)(1) The ~~public health council~~director shall adopt rules	27351
establishing standards for the following:	27352

(a) Performing tuberculosis screenings;

27353

(b) Performing examinations of individuals who have been	27354
exposed to tuberculosis and individuals who are suspected of	27355
having tuberculosis;	27356

27357

(d) Preventing individuals with communicable tuberculosis	27358
from infecting other individuals;	27359

(e) Performing laboratory tests for tuberculosis and studies	27360
of the resistance of tuberculosis to one or more drugs;	27361

(f) Selecting laboratories that provide in a timely fashion	27362
the results of a laboratory test for tuberculosis. The standards	27363
shall include a requirement that first consideration be given to	27364
laboratories located in this state.	27365

(2) Rules adopted pursuant to this section shall be adopted	27366
in accordance with Chapter 119. of the Revised Code and may be	27367
consistent with any recommendations or guidelines on tuberculosis	27368
issued by the United States centers for disease control and	27369
prevention or by the American thoracic society. The rules shall	27370
apply to county or district tuberculosis control units, physicians	27371
who examine and treat individuals for tuberculosis, and	27372
laboratories that perform tests for tuberculosis.	27373

Sec. 3701.161. The director of health shall make necessary	27374
arrangements for the production and distribution of diphtheria	27375
antitoxin. Such antitoxin shall in all respects be equal in purity	27376
and potency to the standard of requirements of the United States	27377
public health service for antitoxin for interstate commerce.	27378
Diphtheria antitoxin shall be distributed in accordance with rules	27379
the ~~public health council~~director adopts pursuant to Chapter 119.	27380
of the Revised Code.	27381

Sec. 3701.20. (A) In accordance with rules adopted ~~by the~~	27382
~~public health council,~~ under division (C) of this section, the	27383
director of health shall establish, promote, and maintain the Ohio	27384
poison control network; designate regions within the network; and	27385
designate poison prevention and treatment centers within each	27386
region. The purposes of the network are to:	27387

(1) Reduce the mortality resulting from and the expenditures	27388
incurred because of accidental, homicidal, suicidal, occupational,	27389
or environmental poisoning;	27390

(2) Educate the public and health care professionals	27391
concerning the prevention and treatment of exposure to poison;	27392

(3) Organize poison prevention and treatment activities on a	27393
regional basis to avoid duplication and waste.	27394

(B) To be eligible for designation as a poison prevention and	27395
treatment center and to retain the designation, a center must	27396
maintain compliance with the standards established by the ~~public~~	27397
~~health council~~director pursuant to division (C) of this section.	27398
A poison prevention and treatment center may be operated by an	27399
individual, hospital, institution of higher education, political	27400
subdivision, association, corporation, or public or private	27401
agency.	27402

(C) In accordance with Chapter 119. of the Revised Code, the	27403
~~public health council~~director shall adopt rules that do the	27404
following:	27405

(1) Establish guidelines, based on population density and	27406
other relevant factors, and procedures to be followed ~~by the~~	27407
~~director of health~~ in designating poison control network regions	27408
and centers;	27409

(2) Establish standards for the operation of poison	27410
prevention and treatment centers;	27411

(3) Establish standards and procedures to be followed ~~by the~~	27412
~~director of health~~ in making grants to poison prevention and	27413
treatment centers;	27414

(4) Establish procedures, other than those prescribed by	27415
Chapter 119. of the Revised Code, for reconsideration, at the	27416
request of the entity affected, of the denial or revocation of a	27417
designation as a poison prevention and treatment center.	27418

(D) In accordance with rules adopted ~~by the public health~~	27419
~~council~~under division (C) of this section, the director of health	27420
shall make grants to poison prevention and treatment centers. A	27421
center is not eligible for a grant unless, prior to receiving the	27422
grant, the entity that operates the center agrees in writing that	27423
the level of the total funds, labor, and services devoted by the	27424
entity to the center during the period of the grant will	27425
approximate, as determined by the director of health, the level of	27426
the total funds, labor, and services devoted to the center by that	27427
entity in the fiscal year preceding the fiscal year in which the	27428
grant begins.	27429

(E) Each poison prevention and treatment center shall do all	27430
of the following:	27431

(1) Maintain and staff a twenty-four-hour per day, toll-free,	27432
telephone line to respond to inquiries and provide information	27433
about poison prevention and treatment and available services;	27434

(2) Provide specialized treatment, consultation, information,	27435
and educational programs to health care professionals and the	27436
public;	27437

(3) Compile information on the types and frequency of	27438
treatment it provides.	27439

A center may provide the services described in divisions	27440
(E)(1) and (2) of this section either directly or through contract	27441
with other facilities, as the director of health considers	27442
appropriate. Each center shall take measures to ensure the	27443
confidentiality of information about individuals to whom treatment	27444
or services are provided.	27445

(F) The director of health may revoke the designation of a	27446
poison treatment and control center, or deny an application for	27447
designation, if the center or applicant fails to meet or maintain	27448
the standards established ~~by rule of the public health council~~in	27449
rules adopted under division (C) of this section. The entity	27450
seeking the designation may have the revocation or denial	27451
reconsidered in accordance with rules adopted ~~by the public health~~	27452
~~council~~under division (C) of this section.	27453

(G)(1) A poison prevention and treatment center, its	27454
officers, employees, volunteers, or other persons associated with	27455
the center, and a person, organization, or institution that	27456
advises or assists a poison prevention and treatment center are	27457
not liable in damages in a tort action for harm that allegedly	27458
arises from advice or assistance rendered to any person unless the	27459
advice or assistance is given in a manner that constitutes willful	27460
or wanton misconduct or intentionally tortious conduct.	27461

(2) This section does not create, and shall not be construed	27462
as creating, a new cause of action or substantive legal right	27463
against a poison prevention and treatment center, its officers,	27464
employees, volunteers, or other persons associated with the	27465
center, or a person, organization, or institution that advises or	27466
assists a poison prevention and treatment center.	27467

(3) This section does not affect, and shall not be construed	27468
as affecting, any immunities from civil liability or defenses	27469
conferred by any other section of the Revised Code or available at	27470
common law, to which a poison prevention and treatment center, its	27471
officers, employees, volunteers, or other persons associated with	27472
the center or a person, organization, or institution that advises	27473
or assists a poison prevention and treatment center may be	27474
entitled under circumstances not specified by this section.	27475

(H) The director shall annually report to the general	27476
assembly findings and recommendations concerning the	27477
effectiveness, impact, and benefits of the poison prevention and	27478
treatment centers.	27479

Sec. 3701.201. (A) As used in this section, "bioterrorism"	27480
has the same meaning as in section 3701.232 of the Revised Code.	27481

(B) The ~~public~~director of health ~~council~~ shall adopt rules	27482
in accordance with Chapter 119. of the Revised Code under which a	27483
poison prevention and treatment center or other health-related	27484
entity is required to report events that may be caused by	27485
bioterrorism, epidemic or pandemic disease, or established or	27486
novel infectious agents or biological or chemical toxins posing a	27487
risk of human fatality or disability. Rules adopted under this	27488
section may require a report of any of the following:	27489

(1) An unexpected pattern or increase in the number of	27490
telephone inquiries or requests to provide information about	27491
poison prevention and treatment and available services;	27492

(2) An unexpected pattern or increase in the number of	27493
requests to provide specialized treatment, consultation,	27494
information, and educational programs to health care professionals	27495
and the public;	27496

(3) An unexpected pattern or increase in the number of	27497
requests for information on established or novel infectious agents	27498
or biological or chemical toxins posing a risk of human fatality	27499
or disability that is relatively uncommon and may have been caused	27500
by bioterrorism.	27501

(C) Each poison prevention and treatment center and other	27502
health-related entity shall comply with any reporting requirement	27503
established in rules adopted under division (B) of this section.	27504

(D) Information reported under this section that is protected	27505
health information pursuant to section 3701.17 of the Revised Code	27506
shall be released only in accordance with that section.	27507
Information that does not identify an individual may be released	27508
in summary, statistical, or aggregate form.	27509

Sec. 3701.21. (A) As used in this section:

27510

(1) "Amblyopia" means reduced vision in an eye that has not	27511
received adequate use during early childhood.	27512

(2) "501(c) organization" means an organization exempt from	27513
federal income taxation pursuant to 26 U.S.C.A. 501(a) and (c).	27514

(B) There is hereby created in the state treasury the save	27515
our sight fund. The fund shall consist of voluntary contributions	27516
deposited as provided in section 4503.104 of the Revised Code. All	27517
investment earnings from the fund shall be credited to the fund.	27518

(C) The director of health shall use the money in the save	27519
our sight fund as follows:	27520

(1) To provide support to 501(c) organizations that offer	27521
vision services in all counties of the state and have demonstrated	27522
experience in the delivery of vision services to do one or more of	27523
the following:	27524

(a) Implement a voluntary children's vision screening	27525
training and certification program for volunteers, child care	27526
providers, nurses, teachers, health care professionals practicing	27527
in primary care settings, and others serving children;	27528

(b) Provide materials for the program implemented under	27529
division (C)(1)(a) of this section;	27530

(c) Develop and implement a registry and targeted voluntary	27531
case management system to determine whether children with	27532
amblyopia are receiving professional eye care and to provide their	27533
parents with information and support regarding their child's	27534
vision care;	27535

(d) Establish a matching grant program for the purchase and	27536
distribution of protective eyewear to children;	27537

(e) Provide vision health and safety programs and materials	27538
for classrooms.	27539

(2) For the purpose of section 4503.104 of the Revised Code,	27540
to develop and distribute informational materials on the	27541
importance of eye care and safety to the registrar of motor	27542
vehicles and each deputy registrar;	27543

(3) To pay costs incurred by the director in administering	27544
the fund;	27545

(4) To reimburse the bureau of motor vehicles for the	27546
administrative costs incurred in performing its duties under	27547
section 4503.104 of the Revised Code.	27548

(D) A 501(c) organization seeking funding from the save our	27549
sight fund for any of the projects specified in division (C) of	27550
this section shall submit a request for the funding to the	27551
director in accordance with rules adopted under division (E) of	27552
this section. The director shall determine the appropriateness of	27553
and approve or disapprove projects for funding and approve or	27554
disapprove the disbursement of money from the save our sight fund.	27555

(E) The ~~public health council~~director shall adopt rules in	27556
accordance with Chapter 119. of the Revised Code to implement this	27557
section. The rules shall include the parameters of the projects	27558
specified in division (C)(1) of this section that may be funded	27559
with money in the save our sight fund and procedures for 501(c)	27560
organizations to request funding from the fund.	27561

Sec. 3701.221. (A) The director of health shall have charge	27562
of the public health laboratory authorized by section 3701.22 of	27563
the Revised Code. The director may employ an assistant for the	27564
laboratory who shall be a person skilled in chemistry and	27565
bacteriology, and receive compensation as the director determines.	27566
All expenses of the laboratory shall be paid from appropriations	27567
made for the department of health.	27568

(B) The ~~public health council~~director, in accordance with	27569
Chapter 119. of the Revised Code, shall adopt, and may amend or	27570
rescind, rules establishing reasonable fees for services the	27571
laboratory performs. The ~~council~~director need not prescribe fees	27572
where the ~~council~~director believes that charging fees would	27573
significantly and adversely affect the public health. All fees	27574
collected for services the laboratory performs shall be deposited	27575
into the state treasury to the credit of the "laboratory handling	27576
fee fund," which is hereby created for the purpose of defraying	27577
expenses of operating the laboratory.	27578

Sec. 3701.23. (A) As used in this section, "health care	27579
provider" means any person or government entity that provides	27580
health care services to individuals. "Health care provider"	27581
includes, but is not limited to, hospitals, medical clinics and	27582
offices, special care facilities, medical laboratories,	27583
physicians, pharmacists, dentists, physician assistants,	27584
registered and licensed practical nurses, laboratory technicians,	27585
emergency medical service organization personnel, and ambulance	27586
service organization personnel.	27587

(B) Boards of health, health authorities or officials, health	27588
care providers in localities in which there are no health	27589
authorities or officials, and coroners or medical examiners shall	27590
report promptly to the department of health the existence of any	27591
of the following:	27592

(1) Asiatic cholera;

27593

(2) Yellow fever;

27594

(3) Diphtheria;

27595

(4) Typhus or typhoid fever;

27596

(5) As specified by the ~~public~~director of health ~~council~~,	27597
other contagious or infectious diseases, illnesses, health	27598
conditions, or unusual infectious agents or biological toxins	27599
posing a risk of human fatality or disability.	27600

(C) No person shall fail to comply with the reporting	27601
requirements established under division (B) of this section.	27602

(D) The reports required by this section shall be submitted	27603
on forms, as required by statute or rule, and in the manner the	27604
director of health prescribes.	27605

(E) Information reported under this section that is protected	27606
health information pursuant to section 3701.17 of the Revised Code	27607
shall be released only in accordance with that section.	27608
Information that does not identify an individual may be released	27609
in summary, statistical, or aggregate form.	27610

Sec. 3701.232. (A) As used in this section:

27611

(1) "Bioterrorism" means the intentional use of any	27612
microorganism, virus, infectious substance, or biological product	27613
that may be engineered as a result of biotechnology, or any	27614
naturally occurring or bioengineered component of a microorganism,	27615
virus, infectious substance, or biological product, to cause	27616
death, disease, or other biological malfunction in a human,	27617
animal, plant, or other living organism as a means of influencing	27618
the conduct of government or intimidating or coercing a	27619
population.	27620

(2) "Pharmacist" means an individual licensed under Chapter	27621
4729. of the Revised Code to engage in the practice of pharmacy as	27622
a pharmacist.	27623

(3) "Pharmacy" and "prescription" have the same meanings as	27624
in section 4729.01 of the Revised Code.	27625

(B) The ~~public~~director of health ~~council~~ shall adopt rules	27626
in accordance with Chapter 119. of the Revised Code under which a	27627
pharmacy or pharmacist is required to report significant changes	27628
in medication usage that may be caused by bioterrorism, epidemic	27629
or pandemic disease, or established or novel infectious agents or	27630
biological toxins posing a risk of human fatality or disability.	27631
Rules adopted under this section may require a report of any of	27632
the following:	27633

(1) An unexpected increase in the number of prescriptions for	27634
antibiotics;	27635

(2) An unexpected increase in the number of prescriptions for	27636
medication to treat fever or respiratory or gastrointestinal	27637
complaints;	27638

(3) An unexpected increase in sales of, or the number of	27639
requests for information on, over-the-counter medication to treat	27640
fever or respiratory or gastrointestinal complaints;	27641

(4) Any prescription for medication used to treat a disease	27642
that is relatively uncommon and may have been caused by	27643
bioterrorism.	27644

(C) No person shall fail to comply with any reporting	27645
requirement established in rules adopted under division (B) of	27646
this section.	27647

(D) Information reported under this section that is protected	27648
health information pursuant to section 3701.17 of the Revised Code	27649
shall be released only in accordance with that section.	27650
Information that does not identify an individual may be released	27651
in summary, statistical, or aggregate form.	27652

Sec. 3701.24. (A) As used in this section and sections	27653
3701.241 to 3701.249 of the Revised Code:	27654

(1) "AIDS" means the illness designated as acquired	27655
immunodeficiency syndrome.	27656

(2) "HIV" means the human immunodeficiency virus identified	27657
as the causative agent of AIDS.	27658

(3) "AIDS-related condition" means symptoms of illness	27659
related to HIV infection, including AIDS-related complex, that are	27660
confirmed by a positive HIV test.	27661

(4) "HIV test" means any test for the antibody or antigen to	27662
HIV that has been approved by the director of health under	27663
division (B) of section 3701.241 of the Revised Code.	27664

(5) "Health care facility" has the same meaning as in section	27665
1751.01 of the Revised Code.	27666

(6) "Director" means the director of health or any employee	27667
of the department of health acting on the director's behalf.	27668

(7) "Physician" means a person who holds a current, valid	27669
certificate issued under Chapter 4731. of the Revised Code	27670
authorizing the practice of medicine or surgery and osteopathic	27671
medicine and surgery.	27672

(8) "Nurse" means a registered nurse or licensed practical	27673
nurse who holds a license or certificate issued under Chapter	27674
4723. of the Revised Code.	27675

(9) "Anonymous test" means an HIV test administered so that	27676
the individual to be tested can give informed consent to the test	27677
and receive the results by means of a code system that does not	27678
link the identity of the individual tested to the request for the	27679
test or the test results.	27680

(10) "Confidential test" means an HIV test administered so	27681
that the identity of the individual tested is linked to the test	27682
but is held in confidence to the extent provided by sections	27683
3701.24 to 3701.248 of the Revised Code.	27684

(11) "Health care provider" means an individual who provides	27685
diagnostic, evaluative, or treatment services. Pursuant to Chapter	27686
119. of the Revised Code, the ~~public health council~~director may	27687
adopt rules further defining the scope of the term "health care	27688
provider."	27689

(12) "Significant exposure to body fluids" means a	27690
percutaneous or mucous membrane exposure of an individual to the	27691
blood, semen, vaginal secretions, or spinal, synovial, pleural,	27692
peritoneal, pericardial, or amniotic fluid of another individual.	27693

(13) "Emergency medical services worker" means all of the	27694
following:	27695

(a) A peace officer;

27696

(b) An employee of an emergency medical service organization	27697
as defined in section 4765.01 of the Revised Code;	27698

27699

(d) A volunteer firefighter, emergency operator, or rescue	27700
operator;	27701

(e) An employee of a private organization that renders rescue	27702
services, emergency medical services, or emergency medical	27703
transportation to accident victims and persons suffering serious	27704
illness or injury.	27705

(14) "Peace officer" has the same meaning as in division (A)	27706
of section 109.71 of the Revised Code, except that it also	27707
includes a sheriff and the superintendent and troopers of the	27708
state highway patrol.	27709

(B) Persons designated by rule adopted by the ~~public health~~	27710
~~council~~director under section 3701.241 of the Revised Code shall	27711
report promptly every case of AIDS, every AIDS-related condition,	27712
and every confirmed positive HIV test to the department of health	27713
on forms and in a manner prescribed by the director. In each	27714
county the director shall designate the health commissioner of a	27715
health district in the county to receive the reports.	27716

(C) No person shall fail to comply with the reporting	27717
requirements established under division (B) of this section.	27718

(D) Information reported under this section that identifies	27719
an individual is confidential and may be released only with the	27720
written consent of the individual except as the director	27721
determines necessary to ensure the accuracy of the information, as	27722
necessary to provide treatment to the individual, as ordered by a	27723
court pursuant to section 3701.243 or 3701.247 of the Revised	27724
Code, or pursuant to a search warrant or a subpoena issued by or	27725
at the request of a grand jury, prosecuting attorney, city	27726
director of law or similar chief legal officer of a municipal	27727
corporation, or village solicitor, in connection with a criminal	27728
investigation or prosecution. Information that does not identify	27729
an individual may be released in summary, statistical, or	27730
aggregate form.	27731

Sec. 3701.241. (A) The director of health shall develop and	27732
administer the following:	27733

(1) A surveillance system to determine the number of cases of	27734
AIDS and the HIV infection rate in various population groups;	27735

(2) Counseling and testing programs for groups determined by	27736
the director to be at risk of HIV infection, including procedures	27737
for both confidential and anonymous tests, counseling training	27738
programs for health care providers, and development of counseling	27739
guidelines;	27740

(3) A confidential partner notification system to alert and	27741
counsel sexual contacts of individuals with HIV infection;	27742

(4) Risk reduction and education programs for groups	27743
determined by the director to be at risk of HIV infection, and, in	27744
consultation with a wide range of community leaders, education	27745
programs for the public;	27746

(5) Pilot programs for the long-term care of individuals with	27747
AIDS or AIDS-related condition, including care in nursing homes	27748
and in alternative settings;	27749

(6) Programs to expand regional outpatient treatment of	27750
individuals with AIDS or AIDS-related condition;	27751

(7) A program to assist communities, including communities of	27752
less than one hundred thousand population, in establishing AIDS	27753
task forces and support groups for individuals with AIDS,	27754
AIDS-related condition, and HIV infection. The program may include	27755
the award of grants if they are matched by local funds.	27756

Information obtained or maintained under the partner	27757
notification system is not a public record under section 149.43 of	27758
the Revised Code and may be released only in accordance with	27759
division (C) of section 3701.243 of the Revised Code.	27760

(B) The director shall:

27761

(1) Approve a test or tests to be used to determine whether	27762
an individual has HIV infection, define a confirmed positive test	27763
result, and develop guidelines for interpreting test results;	27764

(2) Establish sites for confidential and anonymous HIV tests,	27765
and prepare a list of sites where an individual may obtain an	27766
anonymous test;	27767

(3) Prepare a list of counseling services;

27768

(4) Make available a copy of the list of anonymous testing	27769
sites or a copy of the list of counseling services to anyone who	27770
requests it.	27771

(C) The director of health shall require the director or	27772
administrator of each site where anonymous or confidential HIV	27773
tests are given to submit a report every three months evaluating	27774
from an epidemiologic perspective the effectiveness of the HIV	27775
testing program at that site. Not later than January 31, 1991, and	27776
each year thereafter, the director of health shall make a report	27777
evaluating the anonymous and confidential testing programs	27778
throughout the state with regard to their effectiveness as	27779
epidemiologic programs. The report shall be submitted to the	27780
speaker of the house of representatives and the president of the	27781
senate and shall be made available to the public.	27782

The ~~public~~director of health ~~council~~ shall adopt rules	27783
pursuant to Chapter 119. of the Revised Code for the	27784
implementation of the requirements of division (B)(1) of this	27785
section and division (D) of section 3701.24 of the Revised Code.	27786

(D) The director of health shall administer funds received	27787
under Title XXVI of the "Public Health Services Act," 104 Stat.	27788
576 (1990), 42 U.S.C.A. 2601, as amended, for programs to improve	27789
the quality and availability of care for individuals with AIDS,	27790
AIDS-related condition, and HIV infection. In administering these	27791
funds, the director may enter into contracts with any person or	27792
entity for the purpose of administering the programs, including	27793
contracts with the department of job and family services for	27794
establishment of a program of reimbursement of drugs used for	27795
treatment and care of such individuals. The director of health may	27796
adopt rules in accordance with Chapter 119. of the Revised Code	27797
and issue orders as necessary for administration of the funds. If	27798
the department of job and family services enters into a contract	27799
under this division, the director of job and family services may	27800
adopt rules in accordance with Chapter 119. of the Revised Code as	27801
necessary for carrying out the department's duties under the	27802
contract.	27803

Sec. 3701.242. (A) An HIV test may be performed by or on the	27804
order of a health care provider who, in the exercise of the	27805
provider's professional judgment, determines the test to be	27806
necessary for providing diagnosis and treatment to the individual	27807
to be tested, if the individual or the individual's parent or	27808
guardian has given consent to the provider for medical or other	27809
health care treatment. The health care provider shall inform the	27810
individual of the individual's right under division (D) of this	27811
section to an anonymous test.	27812

(B) A minor may consent to be given an HIV test. The consent	27813
is not subject to disaffirmance because of minority. The parents	27814
or guardian of a minor giving consent under this division are not	27815
liable for payment and shall not be charged for an HIV test given	27816
to the minor without the consent of a parent or the guardian.	27817

(C) The health care provider ordering an HIV test shall	27818
provide post-test counseling for an individual who receives an	27819
HIV-positive test result. The ~~public~~director of health ~~council~~	27820
may adopt rules~~, pursuant to recommendations from the director of~~	27821
~~health and~~ in accordance with Chapter 119. of the Revised Code,	27822
specifying the information to be provided in post-test counseling.	27823

(D) An individual shall have the right to an anonymous test.	27824
A health care facility or health care provider that does not	27825
provide anonymous testing shall refer an individual requesting an	27826
anonymous test to a site where it is available.	27827

(E) Divisions (B) to (D) of this section do not apply to the	27828
performance of an HIV test in any of the following circumstances:	27829

(1) When the test is performed in a medical emergency by a	27830
nurse or physician and the test results are medically necessary to	27831
avoid or minimize an immediate danger to the health or safety of	27832
the individual to be tested or another individual, except that	27833
post-test counseling shall be given to the individual if the	27834
individual receives an HIV-positive test result;	27835

(2) When the test is performed for the purpose of research if	27836
the researcher does not know and cannot determine the identity of	27837
the individual tested;	27838

(3) When the test is performed by a person who procures,	27839
processes, distributes, or uses a human body part from a deceased	27840
person donated for a purpose specified in Chapter 2108. of the	27841
Revised Code, if the test is medically necessary to ensure that	27842
the body part is acceptable for its intended purpose;	27843

(4) When the test is performed on a person incarcerated in a	27844
correctional institution under the control of the department of	27845
rehabilitation and correction if the head of the institution has	27846
determined, based on good cause, that a test is necessary;	27847

(5) When the test is performed in accordance with section	27848
2907.27 of the Revised Code;	27849

(6) When the test is performed on an individual after the	27850
infection control committee of a health care facility, or other	27851
body of a health care facility performing a similar function	27852
determines that a health care provider, emergency medical services	27853
worker, or peace officer, while rendering health or emergency care	27854
to an individual, has sustained a significant exposure to the body	27855
fluids of that individual, and the individual has refused to give	27856
consent for testing.	27857

Sec. 3701.248. (A) As used in this section:

27858

(1) "Contagious or infectious disease" means a disease	27859
specified ~~by rule~~in rules adopted by the ~~public~~director of	27860
health ~~council~~ pursuant to division (F) of this section.	27861

(2) "Patient" means either of the following:

27862

(a) A person, whether alive or dead, who has been treated, or	27863
handled, or transported for medical care by an emergency medical	27864
services worker;	27865

(b) A deceased person whose body is handled by a funeral	27866
services worker.	27867

(3) "Significant exposure" means:

27868

(a) A percutaneous or mucous membrane exposure of an	27869
individual to the blood, semen, vaginal secretions, or spinal,	27870
synovial, pleural, peritoneal, pericardial, or amniotic fluid of	27871
another person;	27872

(b) Exposure to a contagious or infectious disease.

27873

(4) "Funeral services worker" means a person licensed as a	27874
funeral director or embalmer under Chapter 4717. of the Revised	27875
Code or an individual responsible for the direct final disposition	27876
of a deceased person.	27877

(B)(1) An emergency medical services worker or funeral	27878
services worker who believes that significant exposure has	27879
occurred through the worker's contact with a patient may submit to	27880
the health care facility or coroner that received the patient a	27881
written request to be notified of the results of any test	27882
performed on the patient to determine the presence of a contagious	27883
or infectious disease. The request shall include:	27884

(a) The name, address, and telephone number of the individual	27885
submitting the request;	27886

(b) The name of the individual's employer, or, in the case of	27887
a volunteer emergency medical services worker, the entity for	27888
which the worker volunteers, and the individual's supervisor;	27889

27890

(2) The request for notification that is submitted by an	27891
emergency medical services worker pursuant to division (B)(1) of	27892
this section is valid for ten days after it is made. If at the end	27893
of that ten-day period no test has been performed to determine the	27894
presence of a contagious or infectious disease, no diagnosis has	27895
been made, or the result of the test is negative, the health care	27896
facility or coroner shall notify the emergency medical services	27897
worker. The notification shall not include the name of the	27898
patient. If necessary, the request may be renewed in accordance	27899
with the same procedures and requirements as the original request.	27900

(3) A health care facility or coroner shall respond	27901
immediately to a request for notification submitted pursuant to	27902
division (B)(1) of this section by a funeral services worker. If	27903
no test has been performed to determine the presence of a	27904
contagious or infectious disease, no diagnosis has been made, or	27905
the result of a test that was performed is negative, the health	27906
care facility or coroner shall immediately notify the funeral	27907
services worker. The notification shall not include the name of	27908
the patient.	27909

On receipt of notification that no test has been performed to	27910
determine the presence of a contagious or infectious disease in a	27911
patient, the funeral services worker may have a test performed on	27912
the patient. The test shall be performed in accordance with rules	27913
adopted by the department of health pursuant to division (G) of	27914
this section.	27915

The consent of the patient's family is not required for	27916
performance of a test pursuant to division (B)(3) of this section.	27917

(C) The health care facility or coroner that receives a	27918
written request for notification shall give an oral notification	27919
of the presence of a contagious or infectious disease, or of a	27920
confirmed positive test result, if known, to the person who made	27921
the request and the person's supervisor and to the infection	27922
control committee or other body described in division (E)(6) of	27923
section 3701.242 of the Revised Code within two days after	27924
determining the presence of a contagious or infectious disease or	27925
after a confirmed positive test result. A written notification	27926
shall follow oral notification within three days. If a contagious	27927
or infectious disease is present, or the test results are	27928
confirmed positive, both the oral and written notification shall	27929
include the name of the disease, its signs and symptoms, the date	27930
of exposure, the incubation period, the mode of transmission of	27931
the disease, the medical precautions necessary to prevent	27932
transmission to other persons, and the appropriate prophylaxis,	27933
treatment, and counseling for the disease. The notification shall	27934
not include the name of the patient.	27935

If the request is made by an emergency medical services	27936
worker and the information is not available from the health care	27937
facility to which the request is made because the patient has been	27938
transferred from that health care facility, the facility shall	27939
assist the emergency medical services worker in locating the	27940
patient and securing the requested information from the health	27941
care facility that treated or is treating the patient. If the	27942
patient has died, the health care facility shall give the	27943
emergency medical services worker the name and address of the	27944
coroner who received the patient.	27945

(D) Each health care facility and coroner shall develop	27946
written procedures to implement the notification procedures	27947
required by this section. A health care facility or coroner may	27948
take measures in addition to those required in this section to	27949
notify emergency medical services workers and funeral services	27950
workers of possible exposure to a contagious or infectious disease	27951
as long as the confidentiality of the information is maintained.	27952

(E) No person shall knowingly fail to comply with division	27953
(C) of this section.	27954

(F) The ~~public~~director of health ~~council~~ shall adopt rules	27955
in accordance with Chapter 119. of the Revised Code that specify	27956
the diseases that are reasonably likely to be transmitted by air	27957
or blood during the normal course of duties performed by an	27958
emergency medical services worker or funeral services worker. In	27959
adopting such rules, the ~~council~~director shall consider the types	27960
of contact that typically occur between patients and emergency	27961
medical services workers and funeral services workers.	27962

(G) The department of health shall adopt rules in accordance	27963
with Chapter 119. of the Revised Code specifying the procedures a	27964
funeral services worker must follow when having a test performed	27965
on a patient pursuant to division (B)(3) of this section. The	27966
rules shall specify how and by whom the test is to be performed.	27967
The rules shall require the funeral services worker or the funeral	27968
services worker's employer to pay the cost of the test. No health	27969
care facility shall be required to perform the test.	27970

Sec. 3701.33. (A) There is hereby created the Ohio public	27971
health advisory board. The board shall consist of the following	27972
members:	27973

(1) The following members appointed by the director of health	27974
from among individuals who are not employed by the state and are	27975
recommended by statewide trade or professional organizations that	27976
represent interests in public health:	27977

(a) One individual authorized under Chapter 4731. of the	27978
Revised Code to practice medicine and surgery or osteopathic	27979
medicine and surgery;	27980

(b) One individual authorized under Chapter 4723. of the	27981
Revised Code to practice nursing as a registered nurse;	27982

(c) Three members of the public, two of whom are	27983
representatives of entities licensed by the department of health	27984
or boards of health.	27985

(2) One representative of the association of Ohio health	27986
commissioners, appointed by the association;	27987

(3) One representative of the Ohio public health association,	27988
appointed by the association;	27989

(4) One representative of the Ohio environmental health	27990
association, appointed by the association, who is registered as a	27991
sanitarian under Chapter 4736. of the Revised Code;	27992

(5) One representative of the Ohio association of boards of	27993
health, appointed by the association;	27994

(6) One representative of the Ohio society for public health	27995
education, appointed by the society;	27996

(7) One representative of the Ohio hospital association,	27997
appointed by the association.	27998

The director of health or the director's designee shall serve	27999
as an ex officio, nonvoting member of the board.	28000

(B) Not later than thirty days after the effective date of	28001
this section, initial appointments shall be made to the board. Of	28002
the initial appointments, the members specified in divisions	28003
(A)(5), (6), and (7) and division (A)(1)(c) of this section	28004
representing entities licensed by the department of health or	28005
boards of health shall serve terms ending June 30, 2014, and the	28006
members specified in divisions (A)(1)(a) and (b), divisions	28007
(A)(2), (3), and (4), and division (A)(1)(c) of this section not	28008
representing entities licensed by the department or boards of	28009
health shall serve terms ending June 30, 2015. Thereafter, terms	28010
of office for all members shall be three years, with each term	28011
ending on the same day of the same month as the term it succeeds.	28012
Each member shall hold office from the date of appointment until	28013
the end of the term for which the member was appointed. Members	28014
may be reappointed, except that no member who has served two	28015
consecutive terms may be reappointed until three years have	28016
elapsed since the member's last term ended.	28017

Each member shall hold office from the date of appointment	28018
until the end of the term for which the member was appointed.	28019
Vacancies shall be filled in the same manner as original	28020
appointments.	28021

Any member appointed to fill a vacancy occurring prior to the	28022
expiration of the term for which the member's predecessor was	28023
appointed shall hold office for the remainder of that term. A	28024
member shall continue in office subsequent to the expiration date	28025
of the member's term until the member's successor takes office or	28026
until a period of ninety days has elapsed, whichever occurs first.	28027

(C) The board shall annually select from among its members a	28028
chairperson and vice-chairperson. The director shall designate an	28029
officer or employee of the department to act as the board's	28030
secretary. The secretary shall be a nonvoting board member.	28031

The board may adopt by laws governing its operation. The	28032
chairperson may appoint subcommittees as the chairperson considers	28033
necessary.	28034

(D) The board shall meet at the call of the chairperson, but	28035
not less than four times per year. A majority of the members of	28036
the board constitutes a quorum. Special meetings may be called by	28037
the chairperson and shall be called by the chairperson at the	28038
request of the director. In a request for a special meeting, the	28039
director shall specify the purpose of the meeting and the date and	28040
place the meeting is to be held. No other business shall be	28041
considered at a special meeting except by a unanimous vote of	28042
members present at the meeting.	28043

In conducting any meeting, the board and its subcommittees	28044
may use an interactive video teleconferencing system. If	28045
provisions are made that allow public attendance at a designated	28046
location with respect to a meeting using such a system, the board	28047
members who attend the meeting by video teleconference shall be	28048
counted for purposes of determining whether a quorum is present	28049
and shall be permitted to vote.	28050

Members shall be expected to attend a majority of meetings of	28051
the board. Unexcused absence from three consecutive meetings shall	28052
be considered notice of a member's intent to resign from the	28053
board.	28054

(E)(1) The department shall provide meeting space and staff	28055
and other administrative support for the board to carry out its	28056
duties.	28057

(2) To facilitate the board's review of proposed rules under	28058
division (A)(1) of section 3701.34 of the Revised Code, the	28059
department shall establish and maintain an electronic web-based	28060
database of board meeting agendas, board meeting minutes, proposed	28061
rules, public comments, and other documents relevant to the work	28062
of the board.	28063

(F) Notice of meetings shall be provided to members through	28064
the board's mailing list, the department's web site, or any other	28065
means available to the board.	28066

The minutes of previous meetings, the next meeting's agenda,	28067
and information on any matters to be presented to the board at any	28068
regular or special meeting shall be provided to the board in an	28069
electronic format.	28070

(G) Members shall attend annual ethics training provided by	28071
the Ohio ethics commission.	28072

(H) Members shall serve without compensation, but may be	28073
reimbursed for actual and necessary expenses incurred in the	28074
performance of their official duties.	28075

(I) Sections 101.82 to 101.87 of the Revised Code do not	28076
apply to the Ohio public health advisory board.	28077

Sec. 3701.34. (A) The Ohio public health advisory board shall	28078
review and make recommendations to the director of health on all	28079
of the following:	28080

(1) Developing and adopting proposed rules under Chapters	28081
3701 and 3717 of the Administrative Code;	28082

(2) Prescribing proposed fees for services provided by the	28083
office of vital statistics and the bureau of environmental health;	28084

(3) Issues to improve public health and increase awareness of	28085
public health issues at the state level, local level, or both;	28086

(4) Any other public health issues that the director requests	28087
the board to consider.	28088

(B) In making recommendations to the director under division	28089
(A)(1) of this section, all of the following apply:	28090

(1) Prior to filing a proposed rule with the joint committee	28091
on agency rule review, the department of health shall provide each	28092
board member with a copy of the proposed rule, copies of public	28093
comments received by the department during the public comment	28094
period, and written evidence of stakeholder involvement.	28095

(2) Prior to board meetings, copies of proposed rules shall	28096
be provided to members. On request of a member, the department	28097
shall ensure that appropriate department employees attend board	28098
meetings to answer questions concerning proposed rules.	28099

(3)(a) Not later than sixty days after receiving a copy of a	28100
proposed rule, the board shall recommend approval or disapproval	28101
of the rule and submit its recommendation by board action to the	28102
director. In making its recommendation, the board may consider	28103
public comments provided to the department or the board.	28104

(b) If the board fails to make a recommendation within sixty	28105
days of receiving a copy of the proposed rule, the director may	28106
file the proposed rule.	28107

(4) Except as provided in division (B)(3)(b) of this section,	28108
the director shall consider the board's recommendation before	28109
filing a proposed rule. On request of the board, the director	28110
shall meet with the board to discuss the board's recommendation.	28111

(5) If the director disagrees with the board's	28112
recommendation, the director shall inform the board in writing of	28113
the director's decision and the reason for the decision prior to	28114
the next quarterly meeting. The director or the director's	28115
designee may meet with the board at the next quarterly meeting to	28116
answer questions regarding why the director disagreed with the	28117
board's recommendation.	28118

(C) To the extent the board believes that a proposed rule	28119
does not comply with requirements established by the joint	28120
committee on agency rule review or the common sense initiative	28121
office, nothing in this section prohibits the board, in carrying	28122
out its duties under division (A)(1) of this section, from	28123
contacting the joint committee on agency rule review or the common	28124
sense initiative office.	28125

(D) In making recommendations under division (A)(2) of this	28126
section for prescribing proposed fees for services provided by the	28127
bureau of environmental health, the board and the department shall	28128
develop a cost methodology subject to approval by the director.	28129

(E) This section does not apply to the following:

28130

(1) A proposed rule that is to be refiled with the joint	28131
committee on agency rule review solely because of technical or	28132
other nonsubstantive revisions;	28133

(2) The emergency adoption, amendment, or rescission of a	28134
rule under division (F) of section 119.03 of the Revised Code.	28135

Sec. 3701.341. (A) The ~~public~~director of health ~~council~~,	28136
pursuant to Chapter 119. and consistent with section 2317.56 of	28137
the Revised Code, shall adopt rules relating to abortions and the	28138
following subjects:	28139

(1) Post-abortion procedures to protect the health of the	28140
pregnant woman;	28141

(2) Pathological reports;

28142

(3) Humane disposition of the product of human conception;

28143

(4) Counseling.

28144

(B) The director of health shall implement the rules and	28145
shall apply to the court of common pleas for temporary or	28146
permanent injunctions restraining a violation or threatened	28147
violation of the rules. This action is an additional remedy not	28148
dependent on the adequacy of the remedy at law.	28149

Sec. 3701.342. After consultation with the public health	28150
standards task force established under section 3701.343 of the	28151
Revised Code, the ~~public~~director of health ~~council~~ shall adopt	28152
rules establishing minimum standards and optimum achievable	28153
standards for boards of health and local health departments. The	28154
minimum standards shall assure that boards of health and local	28155
health departments provide for:	28156

(A) Analysis and prevention of communicable disease;

28157

(B) Analysis of the causes of, and appropriate treatment for,	28158
the leading causes of morbidity and mortality;	28159

(C) The administration and management of the local health	28160
department;	28161

(D) Access to primary health care by medically underserved	28162
individuals;	28163

(E) Environmental health management programs;

28164

(F) Health promotion services designed to encourage	28165
individual and community wellness.	28166

The ~~public health council~~director shall adopt rules	28167
establishing a formula for distribution of state health district	28168
subsidy funds to boards of health and local health departments.	28169
The formula shall provide no subsidy funds to a board or	28170
department unless it meets minimum standards and shall provide	28171
higher funding levels for boards and districts that meet optimum	28172
achievable standards.	28173

Notwithstanding section 119.03 of the Revised Code, rules	28174
adopted under this section shall not take effect unless approved	28175
by concurrent resolution of the general assembly.	28176

Sec. 3701.343. The ~~chairman~~director of ~~the public~~ health	28177
~~council~~ shall, with the advice of the association of Ohio health	28178
commissioners ~~and the director of health~~, appoint a public health	28179
standards task force to assist and advise the ~~public health~~	28180
~~council~~director in formulating and evaluating the standards	28181
established under section 3701.342 of the Revised Code for the	28182
provision of public health services. ~~The task force shall~~	28183
~~recommend its standards for all categories mentioned in section~~	28184
~~3701.342 of the Revised Code on or before March 1, 1983.~~	28185

The task force shall have nine members, consisting of:

28186

(A) A sanitarian registered in accordance with Chapter 4736.	28187
of the Revised Code;	28188

(B) A registered nurse licensed in accordance with Chapter	28189
4723. of the Revised Code;	28190

(C) A physician ~~licensed in accordance with~~who is authorized	28191
under Chapter 4731. of the Revised Code to practice medicine and	28192
surgery or osteopathic medicine and surgery;	28193

(D) Three health commissioners;

28194

(E) Two representatives of the department of health;

28195

(F) One individual with recognized ability in public health	28196
law, public health laboratories, epidemiology, nutrition, or	28197
health education.	28198

~~The public health standards task force shall complete its~~	28199
~~work within three years after the effective date of this section~~	28200
~~and shall cease to exist upon completion of its work, provided,~~	28201
~~that the public health council may reconstitute the public health~~	28202
~~standards task force, for the purpose of reviewing, evaluating,~~	28203
~~and revising the standards mandated in section 3701.342 of the~~	28204
~~Revised Code.~~	28205

Members of the task force shall elect a ~~chairman~~chairperson.	28206
Five members of the task force constitute a quorum and six votes	28207
are necessary to validate an action.	28208

~~Within ninety days of the effective date of this section, the~~	28209
~~chairman of the public health council shall make the appointments~~	28210
~~to the task force. Within sixty days of their appointment, the~~	28211
~~task force members shall meet, organize, and begin their work.~~	28212
Vacancies occurring on the task force shall be filled in the same	28213
manner as the initial appointments.	28214

Members of the task force shall serve without compensation,	28215
but may be reimbursed for necessary expenses.	28216

Sec. 3701.344. As used in this section and sections	28217
3701.345, 3701.346, and 3701.347 of the Revised Code:	28218

(A) "Private water system" means any water system for the	28219
provision of water for human consumption, if such system has fewer	28220
than fifteen service connections and does not regularly serve an	28221
average of at least twenty-five individuals daily at least sixty	28222
days out of the year. A private water system includes any well,	28223
spring, cistern, pond, or hauled water and any equipment for the	28224
collection, transportation, filtration, disinfection, treatment,	28225
or storage of such water extending from and including the source	28226
of the water to the point of discharge from any pressure tank or	28227
other storage vessel; to the point of discharge from the water	28228
pump where no pressure tank or other storage vessel is present;	28229
or, in the case of multiple service connections serving more than	28230
one dwelling, to the point of discharge from each service	28231
connection. "Private water system" does not include the water	28232
service line extending from the point of discharge to a structure.	28233

(B) Notwithstanding section 3701.347 of the Revised Code and	28234
subject to division (C) of this section, rules adopted by the	28235
~~public~~director of health ~~council~~ regarding private water systems	28236
shall provide for the following:	28237

(1) Except as otherwise provided in this division, boards of	28238
health of city or general health districts shall be given the	28239
exclusive power to establish fees in accordance with section	28240
3709.09 of the Revised Code for administering and enforcing such	28241
rules. Such fees shall establish a different rate for	28242
administering and enforcing the rules relative to private water	28243
systems serving single-family dwelling houses and nonsingle-family	28244
dwelling houses. Except for an amount established by the ~~public~~	28245
~~health council~~director, pursuant to division (B)(5) of this	28246
section, for each new private water system installation, no	28247
portion of any fee for administering and enforcing such rules	28248
shall be returned to the department of health. If the director of	28249
health determines that a board of health of a city or general	28250
health district is unable to administer and enforce a private	28251
water system program in the district, the director shall	28252
administer and enforce such a program in the district and	28253
establish fees for such administration and enforcement.	28254

(2) Boards of health of city or general health districts	28255
shall be given the exclusive power to determine the number of	28256
inspections necessary for determining the safe drinking	28257
characteristics of a private water system.	28258

(3) Private water systems contractors, as a condition of	28259
doing business in this state, shall annually register with, and	28260
comply with surety bonding requirements of, the department of	28261
health. No such contractor shall be permitted to register if the	28262
contractor fails to comply with all applicable rules adopted by	28263
the ~~public health council~~director and the board of health of the	28264
city or general health district. The annual registration fee for	28265
private water systems contractors shall be sixty-five dollars. The	28266
~~public health council~~director, by rule adopted in accordance with	28267
Chapter 119. of the Revised Code, may increase the annual	28268
registration fee. ~~Before January 1, 1993, the fee shall not be~~	28269
~~increased by more than fifty per cent of the amount prescribed by~~	28270
~~this section.~~	28271

(4) ~~Boards~~Subject to rules adopted by the director, boards	28272
of health of city or general health districts ~~subject to such~~	28273
~~rules of the public health council~~ shall have the option of	28274
determining whether bacteriological examinations shall be	28275
performed at approved laboratories of the state or at approved	28276
private laboratories.	28277

(5) The ~~public health council~~director may establish fees for	28278
each new private water system installation, which shall be	28279
collected by the appropriate board of health and transmitted to	28280
the director ~~of health~~ pursuant to section 3709.092 of the Revised	28281
Code.	28282

(6) All fees received by the director of health under	28283
divisions (B)(1), (3), and (5) of this section shall be deposited	28284
in the state treasury to the credit of the general operations fund	28285
created in section 3701.83 of the Revised Code for use in the	28286
administration and enforcement of sections 3701.344 to 3701.347 of	28287
the Revised Code and the rules pertaining to private water systems	28288
adopted under those sections ~~or section 3701.34 of the Revised~~	28289
~~Code~~.	28290

(C) To the extent that rules adopted under division (B) of	28291
this section require health districts to follow specific	28292
procedures or use prescribed forms, no such procedure or form	28293
shall be implemented until it is approved by majority vote of an	28294
approval board of health commissioners, hereby created. Members of	28295
the board shall be the officers of the association of Ohio health	28296
commissioners, or any successor organization, and membership on	28297
the board shall be coterminous with holding an office of the	28298
association. No health district is required to follow a procedure	28299
or use a form required by a rule adopted under division (B) of	28300
this section without the approval of the board.	28301

(D) A board of health shall collect well log filing fees on	28302
behalf of the division of soil and water resources in the	28303
department of natural resources in accordance with section 1521.05	28304
of the Revised Code and rules adopted under it. The fees shall be	28305
submitted to the division quarterly as provided in those rules.	28306

Sec. 3701.345. Any applicant for a permit to construct,	28307
develop, install, or modify a private water system required by	28308
rules adopted by the ~~public~~director of health ~~council~~ under	28309
~~sections 3701.34 and~~section 3701.347 of the Revised Code may	28310
apply to the board of health of the city or general health	28311
district administering and enforcing the private water supply	28312
program in the health district in which the private water system	28313
is or is to be located or, if the health district is not	28314
administering and enforcing the program, may apply to the	28315
department of health for a variance from such rules governing the	28316
design, construction, development, installation, or modification	28317
of private water systems. The application for a variance shall be	28318
made in writing and shall include a statement of the particular	28319
rule or rules from which a variance is sought, a description of	28320
the proposed system or modification, and the necessity for the	28321
variance. The board of health or the department of health shall	28322
not grant a variance unless the applicant demonstrates that:	28323

(A) There will be an unusual and unnecessary hardship in	28324
complying with the rules from which the variance is sought;	28325

(B) Contamination of the private water system will not occur	28326
as a result of construction and operation of the system as	28327
proposed by the variance application;	28328

(C) The health of persons using water from the private water	28329
system will not be endangered as a result of construction and	28330
operation of the system as proposed by the variance application;	28331
and	28332

(D) No other technically feasible and economically reasonable	28333
means exist for obtaining water from the proposed type of water	28334
source.	28335

Sec. 3701.347. Notwithstanding division (E) of section	28336
6111.42 of the Revised Code, rules adopted under such division and	28337
in effect on December 14, 1978, shall continue in effect until	28338
repealed by the environmental protection agency or superseded by	28339
rules ofadopted by the ~~public~~director of health ~~council~~ as	28340
hereinafter provided, as fully as if such section had not been	28341
amended by Amended Substitute Senate Bill No. 445 of the 112th	28342
general assembly on such date. Insofar as these rules affect wells	28343
for the provision of water for human consumption not used or for	28344
use by a public water system, they shall remain in effect	28345
notwithstanding repeal by the environmental protection agency	28346
until the ~~public health council~~director adopts rules superseding	28347
them which prescribe uniform standards and procedures for the	28348
design, construction, inspection, installation, development,	28349
maintenance, and abandonment of private water systems, to protect	28350
the health of the persons served by such water systems and to	28351
establish fees at a level calculated to pay the cost of	28352
administering and enforcing such rules by the director ~~health~~ or	28353
by boards of health of city and general health districts approved	28354
by the director of health. For purposes of this section "public	28355
water system" has the meaning ascribed to it in section 6109.01 of	28356
the Revised Code.	28357

Sec. 3701.352. No person shall violate any rule the ~~public~~	28358
~~health council,~~ director of health, or department of health adopts	28359
or any order the director or department of health issues under	28360
this chapter to prevent a threat to the public caused by a	28361
pandemic, epidemic, or bioterrorism event.	28362

Sec. 3701.40. The ~~public~~director of health ~~council~~ shall by	28363
rule prescribe minimum standards for the maintenance and operation	28364
of hospitals and medical facilities which shall receive federal	28365
aid for construction under the state plan provided for by section	28366
3701.39 of the Revised Code.	28367

Boards of trustees or directors of institutions required to	28368
comply with sections 3701.01, 3701.04, 3701.08, 3701.09, and	28369
3701.37 to 3701.45 of the Revised Code shall have the right to	28370
select the professional staff members of such institutions and to	28371
select and employ interns, nurses, and other personnel, and no	28372
rules, regulations, or standards of the director of health ~~or the~~	28373
~~public health council~~ adopted or promulgated severally or jointly	28374
shall be valid which, if enforced, would interfere in such	28375
selection or employment.	28376

The director of health may petition the common pleas court of	28377
the county in which any hospital or medical facility is located	28378
for an order enjoining any person, firm, partnership, association,	28379
corporation, or other entity, private or public, from operating a	28380
hospital or medical facility in violation of any rules adopted	28381
under this section. Irrespective of any other remedy the director	28382
may have in law or equity the court has jurisdiction to grant such	28383
injunctive relief upon a showing that the respondent named in the	28384
petition is operating in violation of such rules.	28385

Sec. 3701.503. As used in sections 3701.504 to 3701.509 of	28386
the Revised Code:	28387

(A) "Parent" means either parent, unless the parents are	28388
separated or divorced or their marriage has been dissolved or	28389
annulled, in which case "parent" means the parent who is the	28390
residential parent and legal custodian.	28391

(B) "Guardian" has the same meaning as in section 2111.01 of	28392
the Revised Code.	28393

(C) "Custodian" means, except as used in division (A) of this	28394
section, a government agency or an individual, other than the	28395
parent or guardian, with legal or permanent custody of a child as	28396
defined in section 2151.011 of the Revised Code.	28397

(D) "Hearing screening" means the identification of newborns	28398
and infants who may have a hearing impairment, through the use of	28399
a physiologic test.	28400

(E) "Hearing evaluation" means evaluation through the use of	28401
audiological procedures by an audiologist or physician.	28402

(F) "Hearing impairment" means a loss of hearing in one or	28403
both ears in the frequency region important for speech recognition	28404
and comprehension.	28405

(G) "Newborn" means a child who is less than thirty days old.

28406

(H) "Infant" means a child who is at least thirty days but	28407
less than twenty-four months old.	28408

(I) "Freestanding birthing center" has the same meaning as in	28409
section ~~3702.51~~3702.141 of the Revised Code.	28410

(J) "Physician" means an individual authorized under Chapter	28411
4731. of the Revised Code to practice medicine and surgery or	28412
osteopathic medicine and surgery.	28413

(K) "Audiologist" means an individual authorized under	28414
section 4753.07 of the Revised Code to practice audiology.	28415

(L) "Hospital" means a hospital that has a maternity unit or	28416
newborn nursery.	28417

(M) "Maternity unit" means any unit or place in a hospital	28418
where women are regularly received and provided care during all or	28419
part of the maternity cycle, except that "maternity unit" does not	28420
include an emergency department or similar place dedicated to	28421
providing emergency health care.	28422

(N) "Board of health" means the board of health of a city or	28423
general health district or the authority having the duties of a	28424
board of health under section 3709.05 of the Revised Code.	28425

Sec. 3701.507. (A) To assist in implementing sections	28426
3701.503 to 3701.509 of the Revised Code, the medically	28427
handicapped children's medical advisory council created in section	28428
3701.025 of the Revised Code shall appoint a permanent infant	28429
hearing screening subcommittee. The subcommittee shall consist of	28430
the following members:	28431

(1) One otolaryngologist;

28432

(2) One neonatologist;

28433

(3) One pediatrician;

28434

(4) One neurologist;

28435

(5) One hospital administrator;

28436

(6) Two or more audiologists who are experienced in infant	28437
hearing screening and evaluation;	28438

(7) One speech-language pathologist licensed under section	28439
4753.07 of the Revised Code;	28440

(8) Two persons who are each a parent of a hearing-impaired	28441
child;	28442

(9) One geneticist;

28443

(10) One epidemiologist;

28444

(11) One adult who is deaf or hearing impaired;

28445

(12) One representative from an organization for the deaf or	28446
hearing impaired;	28447

(13) One family advocate;

28448

(14) One nurse from a well-baby neonatal nursery;

28449

(15) One nurse from a special care neonatal nursery;

28450

(16) One teacher of the deaf who works with infants and	28451
toddlers;	28452

(17) One representative of the health insurance industry;

28453

(18) One representative of the bureau for children with	28454
medical handicaps;	28455

(19) One representative of the department of education;

28456

(20) One representative of the Ohio department of job and	28457
family services who has responsibilities regarding medicaid;	28458

(21) Any other person the advisory council appoints.

28459

(B) The infant hearing subcommittee shall:

28460

(1) Consult with the director of health regarding the	28461
administration of sections 3701.503 to 3701.509 of the Revised	28462
Code;	28463

(2) Advise and make recommendations regarding proposed rules	28464
prior to their adoption by the ~~public health council~~director	28465
under section 3701.508 of the Revised Code;	28466

(3) Consult with the director of health and advise and make	28467
recommendations regarding program development and implementation	28468
under sections 3701.503 to 3701.509 of the Revised Code, including	28469
all of the following:	28470

(a) Establishment under section 3701.504 of the Revised Code	28471
of the statewide hearing screening, tracking, and early	28472
intervention program to identify newborn and infant hearing	28473
impairment;	28474

(b) Identification of locations where hearing evaluations may	28475
be conducted;	28476

(c) Recommendations for methods and techniques of hearing	28477
screening and hearing evaluation;	28478

(d) Referral, data recording and compilation, and procedures	28479
to encourage follow-up hearing care;	28480

(e) Maintenance of a register of newborns and infants who do	28481
not pass the hearing screening;	28482

(f) Preparation of the information required by section	28483
3701.506 of the Revised Code ~~and any other information the public~~	28484
~~health council requires the department of health to provide~~.	28485

Sec. 3701.508. (A) The ~~public~~director of health ~~council~~	28486
shall adopt rules governing the statewide hearing screening,	28487
tracking, and early intervention program established under section	28488
3701.504 of the Revised Code, including rules that do all of the	28489
following:	28490

(1) Specify how hospitals and freestanding birthing centers	28491
are to comply with the requirements of section 3701.505 of the	28492
Revised Code, including methods to be used for hearing screening,	28493
except that with regard to the physiologic equipment to be used	28494
for hearing screening, the rules may require only that the	28495
equipment be capable of giving reliable results and may not	28496
specify particular equipment or a particular type of equipment;	28497

(2) Provide that no newborn or infant shall be required to	28498
undergo a hearing screening if the parent, guardian, or custodian	28499
of the newborn or infant objects on the grounds that the screening	28500
conflicts with the parent's, guardian's, or custodian's religious	28501
tenets and practices;	28502

(3) Provide for situations in which the parent, guardian, or	28503
custodian of a newborn or infant objects to a hearing screening	28504
for reasons other than religious tenets and practices;	28505

(4) Specify how the department of health will determine	28506
whether a person is financially unable to pay for a hearing	28507
screening and define "third-party payer" for the purpose of	28508
reimbursement of hearing screening by the department under section	28509
3701.505 of the Revised Code;	28510

(5) Specify an inexpensive and efficient format and	28511
procedures for the submission of hearing screening information	28512
from hospitals and freestanding birthing centers to the department	28513
of health;	28514

(6) Specify a procedure whereby the department may conduct	28515
timely reviews of hearing screening information submissions for	28516
purposes of quality assurance, training, and disease prevention	28517
and control;	28518

(7) Specify any additional information that hospitals and	28519
freestanding birthing centers are to provide to the medically	28520
handicapped children's medical advisory council's infant hearing	28521
screening subcommittee under section 3701.509 of the Revised Code.	28522

(B) In addition to the rules adopted under division (A) of	28523
this section, the ~~council~~director shall adopt rules that specify	28524
the training that must be completed by persons who will conduct	28525
hearing screenings. In adopting these rules, the ~~council~~director	28526
shall consider incorporating cost-saving training methods,	28527
including computer-assisted learning and on-site training. Neither	28528
the rules nor the director of health may establish a minimum	28529
educational level for persons conducting hearing screenings.	28530

(C) All rules adopted under this section shall be adopted in	28531
accordance with Chapter 119. of the Revised Code and shall be	28532
adopted so as to take effect not later than six months after ~~the~~	28533
~~effective date of this section~~August 1, 2002.	28534

Sec. 3701.509. (A) The department of health shall develop a	28535
mechanism to analyze and interpret the hearing screening	28536
information to be reported under division (B) of this section. The	28537
department shall notify all hospitals and freestanding birthing	28538
centers subject to the reporting requirements of the date the	28539
department anticipates that the mechanism will be complete. After	28540
the mechanism is complete, the department shall notify each	28541
hospital and freestanding birthing center subject to the reporting	28542
requirement of the date by which the hospital or center must	28543
submit its first report.	28544

(B) Subject to division (A) of this section and in accordance	28545
with rules adopted by the ~~public~~director of health ~~council~~ under	28546
section 3701.508 of the Revised Code, each hospital and	28547
freestanding birthing center that has conducted a hearing	28548
screening required by section 3701.505 of the Revised Code shall	28549
provide to the department of health for use by the medically	28550
handicapped children's medical advisory council's infant hearing	28551
screening subcommittee information specifying all of the	28552
following:	28553

(1) The number of newborns born in the hospital or	28554
freestanding birthing center and the number of newborns and	28555
infants not screened because they were transferred to another	28556
hospital;	28557

(2) The number of newborns and infants referred to the	28558
hospital or freestanding birthing center for a hearing screening	28559
and the number of those newborns and infants who received a	28560
hearing screening;	28561

(3) The number of newborns and infants who did not pass the	28562
hearing screenings conducted by the hospital or freestanding	28563
birthing center;	28564

(4) Any other information concerning the program established	28565
under section 3701.504 of the Revised Code.	28566

(C) The department of health shall conduct a timely review of	28567
the information submitted by hospitals and freestanding birthing	28568
centers in accordance with rules adopted by the ~~public health~~	28569
~~council~~director under section 3701.508 of the Revised Code.	28570

(D) The infant hearing screening subcommittee, with the	28571
support of the department of health, shall compile and summarize	28572
the information submitted to the department by hospitals and	28573
freestanding birthing centers under division (B) of this section.	28574
Beginning with the first year after the mechanism developed under	28575
division (A) of this section is complete, the subcommittee shall	28576
annually prepare and transmit a report to the director of health,	28577
the speaker of the house of representatives, and the president of	28578
the senate. The council shall make the report available to the	28579
public.	28580

(E) The department and all members of the subcommittee shall	28581
maintain the confidentiality of patient-identifying information	28582
submitted under division (B) of this section and section 3701.505	28583
of the Revised Code. The information is not a public record under	28584
section 149.43 of the Revised Code, except to the extent that the	28585
information is used in preparing reports under this section.	28586

Nothing in this division prohibits the department from	28587
providing patient-identifying information to other entities as it	28588
considers necessary to implement the statewide tracking and early	28589
intervention components of the program established under section	28590
3701.504 of the Revised Code. Any entity that receives	28591
patient-identifying information from the department shall maintain	28592
the confidentiality of the information.	28593

Sec. 3701.57. All prosecutions and proceedings by the	28594
department of health for the violation of sections 3701.01 to	28595
3701.56, 3705.01 to 3705.29, 3707.06, 3709.01 to 3709.04, 3709.07	28596
to 3709.11, 3709.13, 3709.17, 3709.18, and 3709.21 to 3709.36 of	28597
the Revised Code, or for the violation of any of the orders or	28598
rules of the department, shall be instituted by the director of	28599
health. Except as provided in division (C) of section 3701.571 of	28600
the Revised Code, all fines or judgments the department collects	28601
shall be paid into the state treasury to the credit of the general	28602
revenue fund.	28603

The director of health, the board of health of a general or	28604
city health district, or any person charged with enforcing the	28605
rules of the department of health as provided in section 3701.56	28606
of the Revised Code may petition the court of common pleas for	28607
injunctive or other appropriate relief requiring any person	28608
violating a rule adopted by ~~the public health council under~~	28609
~~section 3701.34 of the Revised Code~~ or any order issued by the	28610
director of health under this chapter to comply with such rule or	28611
order. The court of common pleas of the county in which the	28612
offense is alleged to be occurring may grant such injunctive or	28613
other appropriate relief as the equities of the case require.	28614

Sec. 3701.63. (A) As used in this section and section 3701.64	28615
of the Revised Code:	28616

(1) "Child day-care center," "type A family day-care home,"	28617
and "certified type B family day-care home" have the same meanings	28618
as in section 5104.01 of the Revised Code.	28619

(2) "Child care facility" means a child day-care center, a	28620
type A family day-care home, or a certified type B family day-care	28621
home.	28622

(3) "Freestanding birthing center" has the same meaning as in	28623
section ~~3702.51~~3702.141 of the Revised Code.	28624

(4) "Hospital" means a hospital classified pursuant to rules	28625
adopted under section 3701.07 of the Revised Code as a general	28626
hospital or children's hospital.	28627

(5) "Maternity unit" means any unit or place in a hospital	28628
where women are regularly received and provided care during all or	28629
part of the maternity cycle, except that "maternity unit" does not	28630
include an emergency department or similar place dedicated to	28631
providing emergency health care.	28632

(6) "Parent" means either parent, unless the parents are	28633
separated or divorced or their marriage has been dissolved or	28634
annulled, in which case "parent" means the parent who is the	28635
residential parent and legal custodian of the child. "Parent" also	28636
means a prospective adoptive parent with whom a child is placed.	28637

(7) "Shaken Baby Syndrome" means signs and symptoms,	28638
including, but not limited to, retinal hemorrhages in one or both	28639
eyes, subdural hematoma, or brain swelling, resulting from the	28640
violent shaking or the shaking and impacting of the head of an	28641
infant or small child.	28642

(B) The director of health shall establish the shaken baby	28643
syndrome education program by doing all of the following:	28644

(1) By not later than one year after February 29, 2008,	28645
developing educational materials that present readily	28646
comprehendible information on shaken baby syndrome;	28647

(2) Making available on the department of health web site in	28648
an easily accessible format the educational materials developed	28649
under division (B)(1) of this section;	28650

(3) Beginning in 2009, annually assessing the effectiveness	28651
of the shaken baby syndrome education program by evaluating the	28652
reports received pursuant to section 5101.135 of the Revised Code.	28653

(C) In meeting the requirements under division (B) of this	28654
section, the director shall not develop educational materials that	28655
will impose an administrative or financial burden on any of the	28656
entities or persons listed in section 3701.64 of the Revised Code.	28657

Sec. 3701.74. (A) As used in this section and section	28658
3701.741 of the Revised Code:	28659

(1) "Ambulatory care facility" means a facility that provides	28660
medical, diagnostic, or surgical treatment to patients who do not	28661
require hospitalization, including a dialysis center, ambulatory	28662
surgical facility, cardiac catheterization facility, diagnostic	28663
imaging center, extracorporeal shock wave lithotripsy center, home	28664
health agency, inpatient hospice, birthing center, radiation	28665
therapy center, emergency facility, and an urgent care center.	28666
"Ambulatory care facility" does not include the private office of	28667
a physician or dentist, whether the office is for an individual or	28668
group practice.	28669

(2) "Chiropractor" means an individual licensed under Chapter	28670
4734. of the Revised Code to practice chiropractic.	28671

(3) "Emergency facility" means a hospital emergency	28672
department or any other facility that provides emergency medical	28673
services.	28674

(4) "Health care practitioner" means all of the following:

28675

(a) A dentist or dental hygienist licensed under Chapter	28676
4715. of the Revised Code;	28677

(b) A registered or licensed practical nurse licensed under	28678
Chapter 4723. of the Revised Code;	28679

(c) An optometrist licensed under Chapter 4725. of the	28680
Revised Code;	28681

(d) A dispensing optician, spectacle dispensing optician,	28682
contact lens dispensing optician, or spectacle-contact lens	28683
dispensing optician licensed under Chapter 4725. of the Revised	28684
Code;	28685

(e) A pharmacist licensed under Chapter 4729. of the Revised	28686
Code;	28687

(f) A physician;

28688

(g) A physician assistant authorized under Chapter 4730. of	28689
the Revised Code to practice as a physician assistant;	28690

(h) A practitioner of a limited branch of medicine issued a	28691
certificate under Chapter 4731. of the Revised Code;	28692

(i) A psychologist licensed under Chapter 4732. of the	28693
Revised Code;	28694

(j) A chiropractor;

28695

(k) A hearing aid dealer or fitter licensed under Chapter	28696
4747. of the Revised Code;	28697

(l) A speech-language pathologist or audiologist licensed	28698
under Chapter 4753. of the Revised Code;	28699

(m) An occupational therapist or occupational therapy	28700
assistant licensed under Chapter 4755. of the Revised Code;	28701

(n) A physical therapist or physical therapy assistant	28702
licensed under Chapter 4755. of the Revised Code;	28703

(o) A professional clinical counselor, professional	28704
counselor, social worker, or independent social worker licensed,	28705
or a social work assistant registered, under Chapter 4757. of the	28706
Revised Code;	28707

(p) A dietitian licensed under Chapter 4759. of the Revised	28708
Code;	28709

(q) A respiratory care professional licensed under Chapter	28710
4761. of the Revised Code;	28711

(r) An emergency medical technician-basic, emergency medical	28712
technician-intermediate, or emergency medical technician-paramedic	28713
certified under Chapter 4765. of the Revised Code.	28714

(5) "Health care provider" means a hospital, ambulatory care	28715
facility, long-term care facility, pharmacy, emergency facility,	28716
or health care practitioner.	28717

(6) "Hospital" has the same meaning as in section 3727.01 of	28718
the Revised Code.	28719

(7) "Long-term care facility" means a nursing home,	28720
residential care facility, or home for the aging, as those terms	28721
are defined in section 3721.01 of the Revised Code; ~~an adult care~~	28722
a residential facility~~, as defined in~~licensed under section	28723
~~5119.70~~5119.22 of the Revised Code that provides accommodations,	28724
supervision, and personal care services for three to sixteen	28725
unrelated adults; a nursing facility or intermediate care facility	28726
for the mentally retarded, as those terms are defined in section	28727
5111.20 of the Revised Code; a facility or portion of a facility	28728
certified as a skilled nursing facility under Title XVIII of the	28729
"Social Security Act," 49 Stat. 286 (1965), 42 U.S.C.A. 1395, as	28730
amended.	28731

(8) "Medical record" means data in any form that pertains to	28732
a patient's medical history, diagnosis, prognosis, or medical	28733
condition and that is generated and maintained by a health care	28734
provider in the process of the patient's health care treatment.	28735

(9) "Medical records company" means a person who stores,	28736
locates, or copies medical records for a health care provider, or	28737
is compensated for doing so by a health care provider, and charges	28738
a fee for providing medical records to a patient or patient's	28739
representative.	28740

(10) "Patient" means either of the following:

28741

(a) An individual who received health care treatment from a	28742
health care provider;	28743

(b) A guardian, as defined in section 1337.11 of the Revised	28744
Code, of an individual described in division (A)(10)(a) of this	28745
section.	28746

(11) "Patient's personal representative" means a minor	28747
patient's parent or other person acting in loco parentis, a	28748
court-appointed guardian, or a person with durable power of	28749
attorney for health care for a patient, the executor or	28750
administrator of the patient's estate, or the person responsible	28751
for the patient's estate if it is not to be probated. "Patient's	28752
personal representative" does not include an insurer authorized	28753
under Title XXXIX of the Revised Code to do the business of	28754
sickness and accident insurance in this state, a health insuring	28755
corporation holding a certificate of authority under Chapter 1751.	28756
of the Revised Code, or any other person not named in this	28757
division.	28758

(12) "Pharmacy" has the same meaning as in section 4729.01 of	28759
the Revised Code.	28760

(13) "Physician" means a person authorized under Chapter	28761
4731. of the Revised Code to practice medicine and surgery,	28762
osteopathic medicine and surgery, or podiatric medicine and	28763
surgery.	28764

(14) "Authorized person" means a person to whom a patient has	28765
given written authorization to act on the patient's behalf	28766
regarding the patient's medical record.	28767

(B) A patient, a patient's personal representative or an	28768
authorized person who wishes to examine or obtain a copy of part	28769
or all of a medical record shall submit to the health care	28770
provider a written request signed by the patient, personal	28771
representative, or authorized person dated not more than one year	28772
before the date on which it is submitted. The request shall	28773
indicate whether the copy is to be sent to the requestor,	28774
physician or chiropractor, or held for the requestor at the office	28775
of the health care provider. Within a reasonable time after	28776
receiving a request that meets the requirements of this division	28777
and includes sufficient information to identify the record	28778
requested, a health care provider that has the patient's medical	28779
records shall permit the patient to examine the record during	28780
regular business hours without charge or, on request, shall	28781
provide a copy of the record in accordance with section 3701.741	28782
of the Revised Code, except that if a physician or chiropractor	28783
who has treated the patient determines for clearly stated	28784
treatment reasons that disclosure of the requested record is	28785
likely to have an adverse effect on the patient, the health care	28786
provider shall provide the record to a physician or chiropractor	28787
designated by the patient. The health care provider shall take	28788
reasonable steps to establish the identity of the person making	28789
the request to examine or obtain a copy of the patient's record.	28790

(C) If a health care provider fails to furnish a medical	28791
record as required by division (B) of this section, the patient,	28792
personal representative, or authorized person who requested the	28793
record may bring a civil action to enforce the patient's right of	28794
access to the record.	28795

(D)(1) This section does not apply to medical records whose	28796
release is covered by section 173.20 or 3721.13 of the Revised	28797
Code, by Chapter 1347. or 5122. of the Revised Code, by 42 C.F.R.	28798
part 2, "Confidentiality of Alcohol and Drug Abuse Patient	28799
Records," or by 42 C.F.R. 483.10.	28800

(2) Nothing in this section is intended to supersede the	28801
confidentiality provisions of sections 2305.24, 2305.25, 2305.251,	28802
and 2305.252 of the Revised Code.	28803

Sec. 3701.77. (A) The department of health may establish,	28804
promote, and maintain a lupus education and awareness program with	28805
an emphasis on at-risk communities to raise public awareness,	28806
educate consumers, and educate and train health professionals,	28807
human services providers, and other audiences.	28808

(B) The department, in creating and implementing the program,	28809
may do all of the following:	28810

(1) Provide sufficient staff and appropriate training to	28811
implement the program;	28812

(2) Establish a grant program to support nonprofit voluntary	28813
health organizations with expertise in lupus to increase public	28814
awareness and enhance health professional education and	28815
understanding of the symptoms and consequences of lupus and the	28816
populations most at risk;	28817

(3) Establish an intergovernmental council and advisory panel	28818
to oversee the implementation of the program;	28819

(4) Identify the appropriate entities to carry out the	28820
program;	28821

(5) Base the program on the most current scientific	28822
information and findings;	28823

(6) Work with government entities, community and business	28824
leaders, community organizations, health and human services	28825
providers, and national, state, and local lupus organizations,	28826
such as the lupus foundation of America, inc., to coordinate	28827
efforts to maximize state resources in the areas of lupus	28828
education and awareness;	28829

(7) Identify and use other successful lupus education and	28830
awareness programs and procure related materials and services from	28831
organizations with appropriate expertise and knowledge of lupus.	28832

(C) The department may accept gifts, grants, and donations	28833
from the federal government, foundations, organizations, medical	28834
schools, and other entities for fulfilling the obligations of the	28835
program.	28836

(D) The department may seek any federal waiver that may be	28837
necessary to maximize funds from the federal government to	28838
implement the program.	28839

Sec. 3701.771. (A)(1) The department of health may conduct a	28840
needs assessment to identify all of the following:	28841

(a) The level of statewide health professional and public	28842
awareness about lupus;	28843

(b) The existence of lupus education, awareness, and	28844
treatment programs and related technical assistance available in	28845
the state and nationwide;	28846

(c) The lupus-related educational and support service needs	28847
of health care providers in the state, including physicians,	28848
nurses, health plans, and other health professionals and health	28849
care entities;	28850

(d) The needs of people with lupus, their families, and	28851
caregivers, including health care providers, physicians, nurses,	28852
health plans, and other health professionals and health care	28853
entities;	28854

(e) The services available to individuals with lupus,	28855
including the existence and availability of lupus treatment and	28856
specialty care, lupus support groups, and other related care and	28857
management services.	28858

(2) Based on the needs assessment, the department may develop	28859
and maintain a directory of lupus-related services and health care	28860
providers with specialization in services to diagnose and treat	28861
lupus. The department may disseminate the directory to all	28862
stakeholders, including individuals with lupus, families,	28863
representatives from voluntary organizations, health	28864
professionals, health plans, and state and local health agencies.	28865

(B) The department may undertake activities to raise public	28866
awareness about the symptoms of lupus, personal risk factors, and	28867
options for diagnosing and treating the disease with a particular	28868
focus on populations at elevated risk for lupus. Such activities	28869
may include, but are not limited to, the following:	28870

(1) Implementing a statewide campaign to educate the general	28871
public about lupus by utilizing print, radio, and television	28872
public service announcements, advertisements, posters, and other	28873
materials;	28874

(2) Disseminating health information and conducting	28875
individual risk assessments at public events, such as health fairs	28876
and community forums sponsored by the department;	28877

(3) Distributing information through local health	28878
departments; schools; area agencies on aging; employer wellness	28879
programs; physicians and other health professionals; hospitals and	28880
health plans; health, nonprofit, and community-based	28881
organizations; and regional offices of the department.	28882

Sec. 3701.772. (A) The department of health may establish a	28883
program to award grants to educate and train physicians, health	28884
professionals, and other service providers on the most current,	28885
accurate scientific and medical information on lupus diagnosis,	28886
treatment, and therapeutic decision-making, including medical best	28887
practices for detecting and treating the disease in special	28888
populations, risks and benefits of medications, and research	28889
advances. If a program to award grants is established, the	28890
department shall allocate the total amount available for the	28891
grants in amounts that are proportionate to the populations of the	28892
areas served by the Ohio chapters of the lupus foundation of	28893
America, inc.	28894

To be eligible for a grant, an applicant must be affiliated	28895
with the foundation.	28896

(B) Each grant recipient shall do all of the following:

28897

(1) Develop health professional educational materials that	28898
identify the latest scientific and medical information and	28899
clinical applications;	28900

(2) Work to increase knowledge among physicians, nurses, and	28901
other health and human services professionals about the importance	28902
of lupus diagnosis, treatment, and rehabilitation;	28903

(3) Use available curricula for training of health and human	28904
services providers and community leaders on lupus detection and	28905
treatment;	28906

(4) Support continuing medical education programs in all	28907
geographical areas of the state presented by the leading state	28908
academic institutions by providing the most current information;	28909

(5) Provide workshops and seminars for in-depth professional	28910
development in the field of care and management of lupus patients	28911
to bring the latest information on clinical advances to health	28912
care providers;	28913

(6) Conduct statewide conferences on lupus at appropriate	28914
intervals;	28915

(7) Prepare an annual report that describes the recipient's	28916
use of the grant and submit a copy of the report to the	28917
department.	28918

Sec. 3701.773. (A) If the department of health establishes	28919
the intergovernmental council as permitted by division (B)(3) of	28920
section 3701.77 of the Revised Code, the department shall seek to	28921
ensure coordination of lupus education and awareness efforts. The	28922
director of health shall serve as the council's chairperson. The	28923
council shall include representatives from appropriate state	28924
departments and agencies, including entities with responsibility	28925
for health disparities, medicaid, public health programs,	28926
education, and public welfare.	28927

(B) The council shall do all of the following:

28928

(1) Provide oversight to the lupus education and awareness	28929
program, as well as other lupus programs conducted by the	28930
department;	28931

(2) Develop and issue grant applications and policies and	28932
procedures for programs aimed at health professionals and the	28933
public;	28934

(3) Establish a mechanism for sharing information on lupus	28935
among all officials and employees involved in carrying out	28936
lupus-related programs;	28937

(4) Assist the department and other offices in developing and	28938
coordinating plans for education and health promotion on lupus and	28939
ensure that issues related to lupus are integrated into other	28940
statewide plans;	28941

(5) Prepare an annual report that describes educational	28942
initiatives on lupus sponsored by the state and make	28943
recommendations for new educational initiatives on lupus. The	28944
report shall be transmitted to the general assembly and be made	28945
available to the public.	28946

Sec. 3701.774. (A) If the department of health establishes	28947
the advisory panel as permitted by division (B)(3) of section	28948
3701.77 of the Revised Code, the department shall coordinate the	28949
panel to provide input and counsel regarding the lupus education	28950
and awareness program.	28951

(B) If the panel is established, all of the following apply:

28952

(1) Individuals and organizations may submit to the	28953
department nominations for appointments to the panel. Each panel	28954
member shall have familiarity with lupus and issues that surround	28955
lupus.	28956

(2) The panel shall be comprised of the following members to	28957
be appointed by the director of health:	28958

(a) At least three individuals with lupus;

28959

(b) Not more than two representatives from the department;

28960

(c) At least five individuals from lupus nonprofit health	28961
organizations, with preference given to individuals from the lupus	28962
foundation of America, inc.;	28963

(d) At least five scientists or clinicians with experience in	28964
lupus who participate in various fields of scientific endeavor,	28965
including the fields of biomedical research, social,	28966
translational, behavioral and epidemiological research, and public	28967
health.	28968

(3) The department shall select from among the panel members	28969
one member to serve as chairperson of the panel.	28970

Members of the panel shall serve terms of two years each.	28971
Members may be named to serve a total of two terms and terms may	28972
be consecutive.	28973

A majority of the members of the panel constitutes a quorum.	28974
A majority vote of a quorum is required for any official action of	28975
the panel.	28976

The panel shall meet at the call of the panel chairperson,	28977
but not fewer than four times per year.	28978

All members shall serve without compensation, but may be	28979
reimbursed for actual, necessary expenses incurred in the	28980
performance of their duties.	28981

(4) The panel shall be responsible for advising the	28982
department and the intergovernmental council with respect to the	28983
implementation of the lupus education and awareness program. The	28984
department shall consult with the advisory panel on a regular	28985
basis.	28986

Sec. 3701.775. There is hereby created in the state treasury	28987
the lupus education and awareness program fund. If the department	28988
of health establishes the lupus education and awareness program,	28989
as authorized under section 3701.77 of the Revised Code, all	28990
moneys accepted under division (C) of that section shall be	28991
credited to the fund. Money in the fund shall be used solely to	28992
administer the lupus education and awareness program.	28993

Sec. 3701.87. The governor may authorize the department of	28994
health to enter into an agreement on behalf of the state with the	28995
United States secretary of health~~, education,~~ and ~~welfare~~human	28996
services whereby the department may serve as the agency for review	28997
of proposed capital expenditures by health care facilities	28998
pursuant to section 1122 of the "Social Security Act" as amended	28999
by Public Law 92-603, 42 U.S.C. 1320a-1, and the regulations	29000
adopted thereunder. Such agreement shall be subject to and include	29001
the following terms and conditions:	29002

(A) All applications, notices, requests for information, and	29003
other official communications shall be on written forms prescribed	29004
by and approved by the director of health ~~and approved by the~~	29005
~~public health council~~.	29006

(B) The ~~council~~director, subject to Chapter 119. of the	29007
Revised Code, shall propose, modify, amend, and adopt rules,	29008
standards, guidelines, and official policies which are consistent	29009
with federal law, as it deems necessary to implement the capital	29010
expenditures review program.	29011

(C) The director shall make all findings and recommendations	29012
required by federal law and shall give due consideration to the	29013
findings, reviews, and comments of areawide health planning	29014
agencies performing reviews pursuant to section 314 (b)(2) of the	29015
"Public Health Service Act," 42 U.S.C. 246, or the appropriate	29016
health systems agency.	29017

(D) The findings and recommendations of the director shall be	29018
in writing and shall clearly specify the provisions of the state	29019
health facilities plan with which any application is found to be	29020
inconsistent. Any applicant adversely affected by the findings and	29021
recommendations of the director may request a hearing before the	29022
~~council~~director pursuant to Chapter 119. of the Revised Code. The	29023
findings and recommendations of the ~~council~~director are an	29024
adjudication as defined in Chapter 119. of the Revised Code and	29025
may be appealed as provided in that chapter.	29026

Sec. 3701.881. (A) As used in this section:

29027

(1) "Applicant" means ~~both of the following:~~

29028

~~(a) A~~a person who is under final consideration for	29029
~~appointment to or~~ employment with a home health agency in a	29030
~~position as a person responsible for the care, custody, or control~~	29031
~~of a child;~~	29032

~~(b) A person who is under final consideration for employment~~	29033
~~with a home health agency in a~~ full-time, part-time, or temporary	29034
position that involves providing direct care to an ~~older adult~~	29035
individual or is referred to a home health agency by an employment	29036
service for such a position. ~~With regard to persons providing~~	29037
~~direct care to older adults, "applicant" does not include a person~~	29038
~~who provides direct care as a volunteer without receiving or~~	29039
~~expecting to receive any form of remuneration other than~~	29040
~~reimbursement for actual expenses.~~	29041

(2) "Criminal records check" ~~and "older adult" have~~has the	29042
same ~~meanings~~meaning as in section 109.572 of the Revised Code.	29043

(3) "Direct care" means any of the following:

29044

(a) Any service identified in divisions (A)(6)(a) to (f) of	29045
this section that is provided in a patient's place of residence	29046
used as the patient's home;	29047

(b) Any activity that requires the person performing the	29048
activity to be routinely alone with a patient or to routinely have	29049
access to a patient's personal property or financial documents	29050
regarding a patient;	29051

(c) For each home health agency individually, any other	29052
routine service or activity that the chief administrator of the	29053
home health agency designates as direct care.	29054

(4) "Disqualifying offense" means any of the following:

29055

(a) One or more violations of section 959.13, 2903.01,	29056
2903.02, 2903.03, 2903.04, 2903.041, 2903.11, 2903.12, 2903.13,	29057
2903.15, 2903.16, 2903.21, 2903.211, 2903.22, 2903.34, 2903.341,	29058
2905.01, 2905.02, 2905.05, 2905.11, 2905.12, 2907.02, 2907.03,	29059
2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.21,	29060
2907.22, 2907.23, 2907.24, 2907.25, 2907.31, 2907.32, 2907.321,	29061
2907.322, 2907.323, 2907.33, 2909.02, 2909.03, 2909.04, 2909.22,	29062
2909.23, 2909.24, 2911.01, 2911.02, 2911.11, 2911.12, 2911.13,	29063
2913.02, 2913.04, 2913.05, 2913.11, 2913.21, 2913.31, 2913.32,	29064
2913.40, 2913.41, 2913.42, 2913.43, 2913.44, 2913.441, 2913.45,	29065
2913.46, 2913.47, 2913.48, 2913.49, 2913.51, 2917.01, 2917.02,	29066
2917.03, 2917.12, 2917.31, 2919.12, 2919.121, 2919.123, 2919.22,	29067
2919.23, 2919.24, 2919.25, 2921.03, 2921.11, 2921.13, 2921.21,	29068
2921.24, 2921.321, 2921.34, 2921.35, 2921.36, 2921.51, 2923.12,	29069
2923.122, 2923.123, 2923.13, 2923.161, 2923.162, 2923.21, 2923.32,	29070
2923.42, 2925.02, 2925.03, 2925.04, 2925.041, 2925.05, 2925.06,	29071
2925.09, 2925.13, 2925.14, 2925.22, 2925.23, 2925.24, 2925.36,	29072
2925.55, 2925.56, 2927.12, or 3716.11 of the Revised Code;	29073

(b) One or more violations of felonious sexual penetration	29074
under former section 2907.12 of the Revised Code;	29075

(c) One or more violations of section 2905.04 of the Revised	29076
Code as it existed prior to July 1, 1996;	29077

(d) One violation of section 2925.11 of the Revised Code when	29078
the violation is not a minor drug possession offense;	29079

(e) Two or more violations of section 2925.11 of the Revised	29080
Code, regardless of whether any of the violations are a minor drug	29081
possession offense;	29082

(f) One or more violations of section 2923.01, 2923.02, or	29083
2923.03 of the Revised Code when the underlying offense that is	29084
the object of the conspiracy, attempt, or complicity is one of the	29085
offenses listed in divisions (A)(3)(a) to (e) of this section;	29086

(g) One or more violations of an existing or former municipal	29087
ordinance or law of this state, any other state, or the United	29088
States that is substantially equivalent to any of the offenses	29089
listed in divisions (A)(3)(a) to (f) of this section.	29090

(5) "Employee" means a person employed by a home health	29091
agency in a full-time, part-time, or temporary position that	29092
involves providing direct care to an individual and a person who	29093
works in such a position due to being referred to a home health	29094
agency by an employment service.	29095

(6) "Home health agency" means a person or government entity,	29096
other than a nursing home, residential care facility, or hospice	29097
care program, that has the primary function of providing any of	29098
the following services to a patient at a place of residence used	29099
as the patient's home:	29100

(a) Skilled nursing care;

29101

(b) Physical therapy;

29102

29103

(d) Occupational therapy;

29104

(e) Medical social services;

29105

(f) Home health aide services.

29106

~~(4)~~(7) "Home health aide services" means any of the following	29107
services provided by an ~~individual employed with or contracted for~~	29108
byemployee of a home health agency:	29109

(a) Hands-on bathing or assistance with a tub bath or shower;

29110

(b) Assistance with dressing, ambulation, and toileting;

29111

29112

(d) Meal preparation and feeding.

29113

~~(5)~~(8) "Hospice care program" has the same meaning as in	29114
section 3712.01 of the Revised Code.	29115

~~(6)~~(9) "Medical social services" means services provided by a	29116
social worker under the direction of a patient's attending	29117
physician.	29118

~~(7)~~(10) "Minor drug possession offense" has the same meaning	29119
as in section 2925.01 of the Revised Code.	29120

~~(8)~~(11) "Nursing home," "residential care facility," and	29121
"skilled nursing care" have the same meanings as in section	29122
3721.01 of the Revised Code.	29123

~~(9)~~(12) "Occupational therapy" has the same meaning as in	29124
section 4755.04 of the Revised Code.	29125

~~(10)~~(13) "Physical therapy" has the same meaning as in	29126
section 4755.40 of the Revised Code.	29127

~~(11)~~(14) "Social worker" means a person licensed under	29128
Chapter 4757. of the Revised Code to practice as a social worker	29129
or independent social worker.	29130

~~(12)~~(15) "Speech-language pathology" has the same meaning as	29131
in section 4753.01 of the Revised Code.	29132

(B) No home health agency shall employ an applicant or	29133
continue to employ an employee in a position that involves	29134
providing direct care to an individual if any of the following	29135
apply:	29136

(1) A review of the databases listed in division (D) of this	29137
section reveals any of the following:	29138

(a) That the applicant or employee is included in one or more	29139
of the databases listed in divisions (D)(1) to (5) of this	29140
section;	29141

(b) That there is in the state nurse aide registry	29142
established under section 3721.32 of the Revised Code a statement	29143
detailing findings by the director of health that the applicant or	29144
employee neglected or abused a long-term care facility or	29145
residential care facility resident or misappropriated property of	29146
such a resident;	29147

(c) That the applicant or employee is included in one or more	29148
of the databases, if any, specified in rules adopted under this	29149
section and the rules prohibit the home health agency from	29150
employing an applicant or continuing to employ an employee	29151
included in such a database in a position that involves providing	29152
direct care to an individual.	29153

(2) After the applicant or employee is provided, pursuant to	29154
division (E)(2)(a) of this section, a copy of the form prescribed	29155
pursuant to division (C)(1) of section 109.572 of the Revised Code	29156
and the standard impression sheet prescribed pursuant to division	29157
(C)(2) of that section, the applicant or employee fails to	29158
complete the form or provide the applicant's or employee's	29159
fingerprint impressions on the standard impression sheet.	29160

(3) Except as provided in rules adopted under this section,	29161
the applicant or employee is found by a criminal records check	29162
required by this section to have been convicted of, pleaded guilty	29163
to, or been found eligible for intervention in lieu of conviction	29164
for a disqualifying offense.	29165

(C) Except as provided by division (F) of this section, the	29166
chief administrator of a home health agency shall inform each	29167
applicant of both of the following at the time of the applicant's	29168
initial application for employment or referral to the home health	29169
agency by an employment service for a position that involves	29170
providing direct care to an individual:	29171

(1) That a review of the databases listed in division (D) of	29172
this section will be conducted to determine whether the home	29173
health agency is prohibited by division (B)(1) of this section	29174
from employing the applicant in the position;	29175

(2) That, unless the database review reveals that the	29176
applicant may not be employed in the position, a criminal records	29177
check of the applicant will be conducted and the applicant is	29178
required to provide a set of the applicant's fingerprint	29179
impressions as part of the criminal records check.	29180

(D) As a condition of employing any applicant in a position	29181
that involves providing direct care to an individual, the chief	29182
administrator of a home health agency shall conduct a database	29183
review of the applicant in accordance with rules adopted under	29184
this section. If rules adopted under this section so require, the	29185
chief administrator of a home health agency shall conduct a	29186
database review of an employee in accordance with the rules as a	29187
condition of continuing to employ the employee in a position that	29188
involves providing direct care to an individual. However, the	29189
chief administrator is not required to conduct a database review	29190
of an applicant or employee if division (F) of this section	29191
applies. A database review shall determine whether the applicant	29192
or employee is included in any of the following:	29193

(1) The excluded parties list system maintained by the United	29194
States general services administration pursuant to subpart 9.4 of	29195
the federal acquisition regulation;	29196

(2) The list of excluded individuals and entities maintained	29197
by the office of inspector general in the United States department	29198
of health and human services pursuant to section 1128 of the	29199
"Social Security Act," 94 Stat. 2619 (1980), 42 U.S.C. 1320a-7, as	29200
amended, and section 1156 of the "Social Security Act," 96 Stat.	29201
388 (1982), 42 U.S.C. 1320c-5, as amended;	29202

(3) The registry of MR/DD employees established under section	29203
5123.52 of the Revised Code;	29204

(4) The internet-based sex offender and child-victim offender	29205
database established under division (A)(11) of section 2950.13 of	29206
the Revised Code;	29207

(5) The internet-based database of inmates established under	29208
section 5120.66 of the Revised Code;	29209

(6) The state nurse aide registry established under section	29210
3721.32 of the Revised Code;	29211

(7) Any other database, if any, specified in rules adopted	29212
under this section.	29213

(E)(1) ~~Except as provided in division (I) of this section~~As	29214
a condition of employing any applicant in a position that involves	29215
providing direct care to an individual, the chief administrator of	29216
a home health agency shall request the superintendent of the	29217
bureau of criminal identification and investigation to conduct a	29218
criminal records check ~~with respect to each~~of the applicant. If	29219
~~the position may involve both responsibility for the care,~~	29220
~~custody, or control of a child and provision of direct care to an~~	29221
~~older adult, the chief administrator shall request that the~~	29222
~~superintendent conduct a single criminal records check for the~~	29223
~~applicant.~~If rules adopted under this section so require, the	29224
chief administrator of a home health agency shall request the	29225
superintendent to conduct a criminal records check of an employee	29226
at times specified in the rules as a condition of continuing to	29227
employ the employee in a position that involves providing direct	29228
care to an individual. However, the chief administrator is not	29229
required to request the criminal records check of the applicant or	29230
the employee if division (F) of this section applies or the home	29231
health agency is prohibited by division (B)(1) of this section	29232
from employing the applicant or continuing to employ the employee	29233
in a position that involves providing direct care to an	29234
individual. If an applicant or employee for whom a criminal	29235
records check request is required ~~under~~by this ~~division~~section	29236
does not present proof of having been a resident of this state for	29237
the five-year period immediately prior to the date upon which the	29238
criminal records check is requested or does not provide evidence	29239
that within that five-year period the superintendent has requested	29240
information about the applicant from the federal bureau of	29241
investigation in a criminal records check, the chief administrator	29242
shall request that the superintendent obtain information from the	29243
federal bureau of investigation as a part of the criminal records	29244
check ~~for the applicant~~. Even if an applicant or employee for whom	29245
a criminal records check request is required ~~under~~by this	29246
~~division~~section presents proof that the applicant or employee has	29247
been a resident of this state for that five-year period, the chief	29248
administrator may request that the superintendent include	29249
information from the federal bureau of investigation in the	29250
criminal records check.	29251

(2) ~~Any person required by division (B)(1) of this section to~~	29252
~~request a criminal records check~~The chief administrator shall	29253
~~provide~~do all of the following:	29254

(a) Provide to each applicant and employee for whom a	29255
criminal records check request is required ~~under that division~~by	29256
this section a copy of the form prescribed pursuant to division	29257
(C)(1) of section 109.572 of the Revised Code and a standard	29258
impression sheet prescribed pursuant to division (C)(2) of that	29259
section ~~109.572 of the Revised Code, obtain~~;	29260

(b) Obtain the completed form and standard impression sheet	29261
from each applicant, and ~~forward~~employee;	29262

(c) Forward the completed form and standard impression sheet	29263
to the superintendent ~~of the bureau of criminal identification and~~	29264
~~investigation~~ at the time the chief administrator requests athe	29265
criminal records check ~~pursuant to division (B)(1) of this~~	29266
~~section~~.	29267

(3) ~~An applicant who receives pursuant to division (B)(2) of~~	29268
~~this section a copy of the form prescribed pursuant to division~~	29269
~~(C)(1) of section 109.572 of the Revised Code and a copy of an~~	29270
~~impression sheet prescribed pursuant to division (C)(2) of that~~	29271
~~section and who is requested to complete the form and provide a~~	29272
~~set of fingerprint impressions shall complete the form or provide~~	29273
~~all the information necessary to complete the form and shall~~	29274
~~provide the impression sheets with the impressions of the~~	29275
~~applicant's fingerprints. If an applicant, upon request, fails to~~	29276
~~provide the information necessary to complete the form or fails to~~	29277
~~provide fingerprint impressions, the home health agency shall not~~	29278
~~employ that applicant for any position for which a criminal~~	29279
~~records check is required by division (B)(1) of this section.~~	29280

~~(C)(1) Except as provided in rules adopted by the department~~	29281
~~of health in accordance with division (F) of this section and~~	29282
~~subject to division (C)(3) of this section, no home health agency~~	29283
~~shall employ a person as a person responsible for the care,~~	29284
~~custody, or control of a child if the person previously has been~~	29285
~~convicted of or pleaded guilty to any of the following:~~	29286

~~(a) A violation of section 2903.01, 2903.02, 2903.03,~~	29287
~~2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,~~	29288
~~2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,~~	29289
~~2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,~~	29290
~~2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01,~~	29291
~~2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25,~~	29292
~~2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05,~~	29293
~~2925.06, or 3716.11 of the Revised Code, a violation of section~~	29294
~~2905.04 of the Revised Code as it existed prior to July 1, 1996, a~~	29295
~~violation of section 2919.23 of the Revised Code that would have~~	29296
~~been a violation of section 2905.04 of the Revised Code as it~~	29297
~~existed prior to July 1, 1996, had the violation been committed~~	29298
~~prior to that date, a violation of section 2925.11 of the Revised~~	29299
~~Code that is not a minor drug possession offense, or felonious~~	29300
~~sexual penetration in violation of former section 2907.12 of the~~	29301
~~Revised Code;~~	29302

~~(b) A violation of an existing or former law of this state,~~	29303
~~any other state, or the United States that is substantially~~	29304
~~equivalent to any of the offenses listed in division (C)(1)(a) of~~	29305
~~this section.~~	29306

~~(2) Except as provided in rules adopted by the department of~~	29307
~~health in accordance with division (F) of this section and subject~~	29308
~~to division (C)(3) of this section, no home health agency shall~~	29309
~~employ a person in a position that involves providing direct care~~	29310
~~to an older adult if the person previously has been convicted of~~	29311
~~or pleaded guilty to any of the following:~~	29312

~~(a) A violation of section 2903.01, 2903.02, 2903.03,~~	29313
~~2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,~~	29314
~~2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,~~	29315
~~2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,~~	29316
~~2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,~~	29317
~~2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,~~	29318
~~2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,~~	29319
~~2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,~~	29320
~~2925.22, 2925.23, or 3716.11 of the Revised Code.~~	29321

~~(b) A violation of an existing or former law of this state,~~	29322
~~any other state, or the United States that is substantially~~	29323
~~equivalent to any of the offenses listed in division (C)(2)(a) of~~	29324
~~this section.~~	29325

~~(3)(a)~~A home health agency shall pay to the bureau of	29326
criminal identification and investigation the fee prescribed	29327
pursuant to division (C)(3) of section 109.572 of the Revised Code	29328
for each criminal records check the agency requests under this	29329
section. A home health agency may charge an applicant a fee not	29330
exceeding the amount the agency pays to the bureau under this	29331
section if both of the following apply:	29332

(a) The home health agency notifies the applicant at the time	29333
of initial application for employment of the amount of the fee and	29334
that, unless the fee is paid, the applicant will not be considered	29335
for employment.	29336

(b) The medicaid program established under Chapter 5111. of	29337
the Revised Code does not reimburse the home health agency for the	29338
fee it pays to the bureau under this section.	29339

(F) Divisions (C) to (E) of this section do not apply with	29340
regard to an applicant or employee if the applicant or employee is	29341
referred to a home health agency by an employment service that	29342
supplies full-time, part-time, or temporary staff for positions	29343
that involve providing direct care to an individual and both of	29344
the following apply:	29345

(1) The chief administrator of the home health agency	29346
receives from the employment service confirmation that a review of	29347
the databases listed in division (D) of this section was conducted	29348
with regard to the applicant or employee.	29349

(2) The chief administrator of the home health agency	29350
receives from the employment service, applicant, or employee a	29351
report of the results of a criminal records check of the applicant	29352
or employee that has been conducted by the superintendent within	29353
the one-year period immediately preceding the following:	29354

(a) In the case of an applicant, the date of the applicant's	29355
referral by the employment service to the home health agency;	29356

(b) In the case of an employee, the date by which the home	29357
health agency would otherwise have to request a criminal records	29358
check of the employee under division (E) of this section.	29359

(G)(1) A home health agency may employ conditionally an	29360
applicant for whom a criminal records check request is required	29361
~~under division (B) of~~by this section ~~as a person responsible for~~	29362
~~the care, custody, or control of a child until the criminal~~	29363
~~records check regarding the applicant required by this section is~~	29364
~~completed and the agency receives~~before obtaining the results of	29365
the criminal records check if the agency is not prohibited by	29366
division (B) of this section from employing the applicant in a	29367
position that involves providing direct care to an individual and	29368
either of the following applies:	29369

(a) The chief administrator of the home health agency	29370
requests the criminal records check in accordance with division	29371
(E) of this section not later than five business days after the	29372
applicant begins conditional employment.	29373

(b) The applicant is referred to the home health agency by an	29374
employment service, the employment service or the applicant	29375
provides the chief administrator of the agency a letter that is on	29376
the letterhead of the employment service, the letter is dated and	29377
signed by a supervisor or another designated official of the	29378
employment service, and the letter states all of the following:	29379

(i) That the employment service has requested the	29380
superintendent to conduct a criminal records check regarding the	29381
applicant;	29382

(ii) That the requested criminal records check is to include	29383
a determination of whether the applicant has been convicted of,	29384
pleaded guilty to, or been found eligible for intervention in lieu	29385
of conviction for a disqualifying offense;	29386

(iii) That the employment service has not received the	29387
results of the criminal records check as of the date set forth on	29388
the letter;	29389

(iv) That the employment service promptly will send a copy of	29390
the results of the criminal records check to the chief	29391
administrator of the home health agency when the employment	29392
service receives the results.	29393

(2) If a home health agency employs an applicant	29394
conditionally pursuant to division (G)(1)(b) of this section, the	29395
employment service, on its receipt of the results of the criminal	29396
records check, promptly shall send a copy of the results to the	29397
chief administrator of the agency. ~~If the results of the criminal~~	29398
~~records check indicate that, pursuant to division (C)(1) of this~~	29399
~~section, the applicant does not qualify for employment, the agency~~	29400
~~shall release the applicant from employment unless the agency~~	29401
~~chooses to employ the applicant pursuant to division (F) of this~~	29402
~~section.~~	29403

~~(b)(i) A home health agency may employ conditionally an~~	29404
~~applicant for whom a criminal records check request is required~~	29405
~~under division (B) of this section in a position that involves~~	29406
~~providing direct care to an older adult or in a position that~~	29407
~~involves both responsibility for the care, custody, and control of~~	29408
~~a child and the provision of direct care to older adults prior to~~	29409
~~obtaining the results of a criminal records check regarding the~~	29410
~~individual, provided that the agency shall request a criminal~~	29411
~~records check regarding the individual in accordance with division~~	29412
~~(B)(1) of this section not later than five business days after the~~	29413
~~individual begins conditional employment. In the circumstances~~	29414
~~described in division (I)(2) of this section, a home health agency~~	29415
~~may employ conditionally in a position that involves providing~~	29416
~~direct care to an older adult an applicant who has been referred~~	29417
~~to the home health agency by an employment service that supplies~~	29418
~~full-time, part-time, or temporary staff for positions involving~~	29419
~~the direct care of older adults and for whom, pursuant to that~~	29420
~~division, a criminal records check is not required under division~~	29421
~~(B) of this section. In the circumstances described in division~~	29422
~~(I)(4) of this section, a home health agency may employ~~	29423
~~conditionally in a position that involves both responsibility for~~	29424
~~the care, custody, and control of a child and the provision of~~	29425
~~direct care to older adults an applicant who has been referred to~~	29426
~~the home health agency by an employment service that supplies~~	29427
~~full-time, part-time, or temporary staff for positions involving~~	29428
~~both responsibility for the care, custody, and control of a child~~	29429
~~and the provision of direct care to older adults and for whom,~~	29430
~~pursuant to that division, a criminal records check is not~~	29431
~~required under division (B) of this section.~~	29432

~~(ii)~~(3) A home health agency that employs an ~~individual~~	29433
applicant conditionally ~~under authority of~~pursuant to division	29434
~~(C)(3)(b)(i)~~(G)(1)(a) or (b) of this section shall terminate the	29435
~~individual's~~applicant's employment if the results of the criminal	29436
records check ~~requested under division (B)(1) of this section or~~	29437
~~described in division (I)(2) or (4) of this section~~, other than	29438
the results of any request for information from the federal bureau	29439
of investigation, are not obtained within the period ending thirty	29440
days after the date the request for the criminal records check is	29441
made. Regardless of when the results of the criminal records check	29442
are obtained, if the ~~individual was employed conditionally in a~~	29443
~~position that involves the provision of direct care to older~~	29444
~~adults and the~~ results indicate that the ~~individual~~applicant has	29445
been convicted of or, pleaded guilty to ~~any of the offenses listed~~	29446
~~or described in division (C)(2) of this section, or if the~~	29447
~~individual was employed conditionally in a position that involves~~	29448
~~both responsibility for the care, custody, and control of a child~~	29449
~~and the provision of direct care to older adults and the results~~	29450
~~indicate that the individual has been convicted of or pleaded~~	29451
~~guilty to any of the offenses listed or described in division~~	29452
~~(C)(1) or (2) of this section~~, or been found eligible for	29453
intervention in lieu of conviction for a disqualifying offense,	29454
the home health agency shall terminate the ~~individual's~~	29455
applicant's employment unless circumstances specified in rules	29456
adopted under this section that permit the agency to employ the	29457
applicant exist and the agency chooses to employ the ~~individual~~	29458
~~pursuant to division (F) of this section~~applicant. Termination of	29459
employment under this division shall be considered just cause for	29460
discharge for purposes of division (D)(2) of section 4141.29 of	29461
the Revised Code if the ~~individual~~applicant makes any attempt to	29462
deceive the home health agency about the ~~individual's~~applicant's	29463
criminal record.	29464

~~(D)(1) Each home health agency shall pay to the bureau of~~	29465
~~criminal identification and investigation the fee prescribed~~	29466
~~pursuant to division (C)(3) of section 109.572 of the Revised Code~~	29467
~~for each criminal records check conducted in accordance with that~~	29468
~~section upon the request pursuant to division (B)(1) of this~~	29469
~~section of the chief administrator of the home health agency.~~	29470

~~(2) A home health agency may charge an applicant a fee for~~	29471
~~the costs it incurs in obtaining a criminal records check under~~	29472
~~this section, unless the medical assistance program established~~	29473
~~under Chapter 5111. of the Revised Code reimburses the agency for~~	29474
~~the costs. A fee charged under division (D)(2) of this section~~	29475
~~shall not exceed the amount of fees the agency pays under division~~	29476
~~(D)(1) of this section. If a fee is charged under division (D)(2)~~	29477
~~of this section, the agency shall notify the applicant at the time~~	29478
~~of the applicant's initial application for employment of the~~	29479
~~amount of the fee and that, unless the fee is paid, the agency~~	29480
~~will not consider the applicant for employment.~~	29481

~~(E)~~(H) The report of any criminal records check conducted by	29482
the bureau of criminal identification and investigation in	29483
accordance with section 109.572 of the Revised Code and pursuant	29484
to a request made under ~~division (B)(1) of~~ this section is not a	29485
public record for the purposes of section 149.43 of the Revised	29486
Code and shall not be made available to any person other than the	29487
following:	29488

(1) The ~~individual~~applicant or employee who is the subject	29489
of the criminal records check or the ~~individual's~~applicant's or	29490
employee's representative;	29491

(2) The home health agency requesting the criminal records	29492
check or its representative;	29493

(3) The administrator of any other facility, agency, or	29494
program that provides direct care to ~~older adults~~individuals that	29495
is owned or operated by the same entity that owns or operates the	29496
home health agency that requested the criminal records check;	29497

(4) The employment service that requested the criminal	29498
records check;	29499

(5) Any court, hearing officer, or other necessary individual	29500
involved in a case dealing with aany of the following:	29501

(a) A denial of employment of the applicant or ~~dealing with~~	29502
~~employment~~employee;	29503

(b) Employment or unemployment benefits of the applicant or	29504
employee;	29505

~~(5) Any person to whom the report is provided pursuant to,~~	29506
~~and in accordance with, division (I)(1), (2), (3), or (4) of this~~	29507
~~section~~(c) A civil or criminal action regarding the medicaid	29508
program.	29509

~~(F) The department of health shall adopt rules in accordance~~	29510
~~with Chapter 119. of the Revised Code to implement this section.~~	29511
~~The rules shall specify circumstances under which the home health~~	29512
~~agency may employ a person who has been convicted of or pleaded~~	29513
~~guilty to an offense listed or described in division (C)(1) of~~	29514
~~this section but who meets standards in regard to rehabilitation~~	29515
~~set by the department or employ a person who has been convicted of~~	29516
~~or pleaded guilty to an offense listed or described in division~~	29517
~~(C)(2) of this section but meets personal character standards set~~	29518
~~by the department.~~	29519

~~(G) Any person required by division (B)(1) of this section to~~	29520
~~request a criminal records check shall inform each person, at the~~	29521
~~time of initial application for employment that the person is~~	29522
~~required to provide a set of fingerprint impressions and that a~~	29523
~~criminal records check is required to be conducted and~~	29524
~~satisfactorily completed in accordance with section 109.572 of the~~	29525
~~Revised Code if the person comes under final consideration for~~	29526
~~appointment or employment as a precondition to employment for that~~	29527
~~position.~~	29528

~~(H)~~(I) In a tort or other civil action for damages that is	29529
brought as the result of an injury, death, or loss to person or	29530
property caused by an ~~individual~~applicant or employee who a home	29531
health agency employs in a position that involves providing direct	29532
care to ~~older adults~~an individual, all of the following shall	29533
apply:	29534

(1) If the home health agency employed the ~~individual~~	29535
applicant or employee in good faith and reasonable reliance on the	29536
report of a criminal records check requested under this section,	29537
the agency shall not be found negligent solely because of its	29538
reliance on the report, even if the information in the report is	29539
determined later to have been incomplete or inaccurate;.	29540

(2) If the home health agency employed the ~~individual~~	29541
applicant in good faith on a conditional basis pursuant to	29542
division ~~(C)(3)(b)~~(G) of this section, the agency shall not be	29543
found negligent solely because it employed the ~~individual~~	29544
applicant prior to receiving the report of a criminal records	29545
check requested under this section;.	29546

(3) If the home health agency in good faith employed the	29547
~~individual~~applicant or employee according to the personal	29548
character standards established in rules adopted under ~~division~~	29549
~~(F) of~~ this section, the agency shall not be found negligent	29550
solely because the ~~individual prior to being employed~~applicant or	29551
employee had been convicted of or, pleaded guilty to an, or been	29552
found eligible for intervention in lieu of conviction for a	29553
disqualifying offense ~~listed or described in division (C)(1) or~~	29554
~~(2) of this section~~.	29555

~~(I)(1) The chief administrator of a home health agency is not~~	29556
~~required to request that the superintendent of the bureau of~~	29557
~~criminal identification and investigation conduct a criminal~~	29558
~~records check of an applicant for a position that involves the~~	29559
~~provision of direct care to older adults if the applicant has been~~	29560
~~referred to the agency by an employment service that supplies~~	29561
~~full-time, part-time, or temporary staff for positions involving~~	29562
~~the direct care of older adults and both of the following apply:~~	29563

~~(a) The chief administrator receives from the employment~~	29564
~~service or the applicant a report of the results of a criminal~~	29565
~~records check regarding the applicant that has been conducted by~~	29566
~~the superintendent within the one-year period immediately~~	29567
~~preceding the applicant's referral;~~	29568

~~(b) The report of the criminal records check demonstrates~~	29569
~~that the person has not been convicted of or pleaded guilty to an~~	29570
~~offense listed or described in division (C)(2) of this section, or~~	29571
~~the report demonstrates that the person has been convicted of or~~	29572
~~pleaded guilty to one or more of those offenses, but the home~~	29573
~~health agency chooses to employ the individual pursuant to~~	29574
~~division (F) of this section.~~	29575

~~(2) The chief administrator of a home health agency is not~~	29576
~~required to request that the superintendent of the bureau of~~	29577
~~criminal identification and investigation conduct a criminal~~	29578
~~records check of an applicant for a position that involves~~	29579
~~providing direct care to older adults and may employ the applicant~~	29580
~~conditionally in a position of that nature as described in this~~	29581
~~division, if the applicant has been referred to the agency by an~~	29582
~~employment service that supplies full-time, part-time, or~~	29583
~~temporary staff for positions involving the direct care of older~~	29584
~~adults and if the chief administrator receives from the employment~~	29585
~~service or the applicant a letter from the employment service that~~	29586
~~is on the letterhead of the employment service, dated, and signed~~	29587
~~by a supervisor or another designated official of the employment~~	29588
~~service and that states that the employment service has requested~~	29589
~~the superintendent to conduct a criminal records check regarding~~	29590
~~the applicant, that the requested criminal records check will~~	29591
~~include a determination of whether the applicant has been~~	29592
~~convicted of or pleaded guilty to any offense listed or described~~	29593
~~in division (C)(2) of this section, that, as of the date set forth~~	29594
~~on the letter, the employment service had not received the results~~	29595
~~of the criminal records check, and that, when the employment~~	29596
~~service receives the results of the criminal records check, it~~	29597
~~promptly will send a copy of the results to the home health~~	29598
~~agency. If a home health agency employs an applicant conditionally~~	29599
~~in accordance with this division, the employment service, upon its~~	29600
~~receipt of the results of the criminal records check, promptly~~	29601
~~shall send a copy of the results to the home health agency, and~~	29602
~~division (C)(3)(b) of this section applies regarding the~~	29603
~~conditional employment.~~	29604

~~(3) The chief administrator of a home health agency is not~~	29605
~~required to request that the superintendent of the bureau of~~	29606
~~criminal identification and investigation conduct a criminal~~	29607
~~records check of an applicant for a position that involves both~~	29608
~~responsibility for the care, custody, and control of a child and~~	29609
~~the provision of direct care to older adults if the applicant has~~	29610
~~been referred to the agency by an employment service that supplies~~	29611
~~full-time, part-time, or temporary staff for positions involving~~	29612
~~both responsibility for the care, custody, and control of a child~~	29613
~~and the provision of direct care to older adults and both of the~~	29614
~~following apply:~~	29615

~~(a) The chief administrator receives from the employment~~	29616
~~service or applicant a report of a criminal records check of the~~	29617
~~type described in division (I)(1)(a) of this section;~~	29618

~~(b) The report of the criminal records check demonstrates~~	29619
~~that the person has not been convicted of or pleaded guilty to an~~	29620
~~offense listed or described in division (C)(1) or (2) of this~~	29621
~~section, or the report demonstrates that the person has been~~	29622
~~convicted of or pleaded guilty to one or more of those offenses,~~	29623
~~but the home health agency chooses to employ the individual~~	29624
~~pursuant to division (F) of this section.~~	29625

~~(4) The chief administrator of a home health agency is not~~	29626
~~required to request that the superintendent of the bureau of~~	29627
~~criminal identification and investigation conduct a criminal~~	29628
~~records check of an applicant for a position that involves both~~	29629
~~responsibility for the care, custody, and control of a child and~~	29630
~~the provision of direct care to older adults and may employ the~~	29631
~~applicant conditionally in a position of that nature as described~~	29632
~~in this division, if the applicant has been referred to the agency~~	29633
~~by an employment service that supplies full-time, part-time, or~~	29634
~~temporary staff for positions involving both responsibility for~~	29635
~~the care, custody, and control of a child and the direct care of~~	29636
~~older adults and if the chief administrator receives from the~~	29637
~~employment service or the applicant a letter from the employment~~	29638
~~service that is on the letterhead of the employment service,~~	29639
~~dated, and signed by a supervisor or another designated official~~	29640
~~of the employment service and that states that the employment~~	29641
~~service has requested the superintendent to conduct a criminal~~	29642
~~records check regarding the applicant, that the requested criminal~~	29643
~~records check will include a determination of whether the~~	29644
~~applicant has been convicted of or pleaded guilty to any offense~~	29645
~~listed or described in division (C)(1) or (2) of this section,~~	29646
~~that, as of the date set forth on the letter, the employment~~	29647
~~service had not received the results of the criminal records~~	29648
~~check, and that, when the employment service receives the results~~	29649
~~of the criminal records check, it promptly will send a copy of the~~	29650
~~results to the home health agency. If a home health agency employs~~	29651
~~an applicant conditionally in accordance with this division, the~~	29652
~~employment service, upon its receipt of the results of the~~	29653
~~criminal records check, promptly shall send a copy of the results~~	29654
~~to the home health agency, and division (C)(3)(b) of this section~~	29655
~~applies regarding the conditional employment.~~	29656

(J) The director of health shall adopt rules in accordance	29657
with Chapter 119. of the Revised Code to implement this section.	29658

(1) The rules may do the following:

29659

(a) Require employees to undergo database reviews and	29660
criminal records checks under this section;	29661

(b) If the rules require employees to undergo database	29662
reviews and criminal records checks under this section, exempt one	29663
or more classes of employees from the requirements;	29664

(c) For the purpose of division (D)(7) of this section,	29665
specify other databases that are to be checked as part of a	29666
database review conducted under this section.	29667

(2) The rules shall specify all of the following:

29668

(a) The procedures for conducting database reviews under this	29669
section;	29670

(b) If the rules require employees to undergo database	29671
reviews and criminal records checks under this section, the times	29672
at which the database reviews and criminal records checks are to	29673
be conducted;	29674

(c) If the rules specify other databases to be checked as	29675
part of the database reviews, the circumstances under which a home	29676
health agency is prohibited from employing an applicant or	29677
continuing to employ an employee who is found by a database review	29678
to be included in one or more of those databases;	29679

(d) Circumstances under which a home health agency may employ	29680
an applicant or employee who is found by a criminal records check	29681
required by this section to have been convicted of, pleaded guilty	29682
to, or been found eligible for intervention in lieu of conviction	29683
for a disqualifying offense but meets personal character	29684
standards.	29685

~~Sec. 185.01.~~ Sec. 3701.92. As used in ~~this chapter~~sections	29686
3701.921 to 3701.929 of the Revised Code:	29687

(A) "Advanced practice nurse" has the same meaning as in	29688
section 4723.01 of the Revised Code.	29689

(B) ~~"Collaboration" has the same meaning as in section~~	29690
~~4723.01 of the Revised Code.~~	29691

~~(C)~~ "Patient centered medical home education advisory group"	29692
means the entity established under section ~~185.03~~3701.924 of the	29693
Revised Code ~~to implement and administer the patient centered~~	29694
~~medical home education pilot project~~.	29695

(D) "Patient centered medical home education program" means	29696
the program established under section 3701.921 of the Revised Code	29697
and any pilot projects operated pursuant to that section.	29698

(E) "Patient centered medical home education pilot project"	29699
means the pilot project established under section ~~185.02~~3701.923	29700
of the Revised Code.	29701

(F) "Physician assistant" has the same meaning as in section	29702
4730.01 of the Revised Code.	29703

Sec. 3701.921. There is hereby established the patient	29704
centered medical home education program in the department of	29705
health. For the purpose of advancing education in the patient	29706
centered medical home model of care, the director of health may	29707
implement and administer the program pursuant to sections 3701.922	29708
to 3701.929 of the Revised Code. The patient centered medical home	29709
model of care is an enhanced model of primary care in which care	29710
teams attend to the multifaceted needs of patients, providing	29711
whole person comprehensive and coordinate patient centered care.	29712

To the extent that funds are available, the program shall	29713
include the patient centered medical home education pilot project	29714
and may include any other pilot projects the director establishes	29715
pursuant to division (A)(3) of section 3701.922 of the Revised	29716
Code.	29717

Sec. 3701.922. (A) The director of health may do any of the	29718
following to implement and administer the patient centered medical	29719
home education program:	29720

(1) Develop and implement programs of education or training	29721
on the patient centered medical home model of care or other	29722
similar enhanced models of coordinated patient centered care that	29723
are intended to address the multifaceted needs of patients and	29724
provide whole person comprehensive and coordinated patient	29725
centered care;	29726

(2) Advise, consult, cooperate with, and assist, by contract	29727
or other arrangement, government agencies or institutions or	29728
private organizations, corporations, or associations in the	29729
development and promotion of programs pertaining to the evaluation	29730
and implementation of the patient centered medical home model of	29731
care or other similar enhanced models of coordinated patient	29732
centered care;	29733

(3) Establish pilot projects that do any of the following:

29734

(a) Evaluate or implement the patient centered medical home	29735
model of care or other similar enhanced models of coordinated	29736
patient centered care;	29737

(b) Provide education or training on the patient centered	29738
medical home model of care or other similar enhanced models of	29739
coordinated patient centered care.	29740

(4) Seek and administer state funds or grants from other	29741
sources to carry out any functions of the patient centered medical	29742
home education program.	29743

Any funds or grants received by the director for purposes of	29744
the program shall be used for the program.	29745

(B) The director may adopt rules as necessary to implement	29746
and administer the patient centered medical home education	29747
program, including rules that define what constitutes a "patient	29748
centered medical home" for purposes of an entity authorized to	29749
provide care coordination services. The rules shall be adopted in	29750
accordance with Chapter 119. of the Revised Code.	29751

~~Sec. 185.02.~~ Sec. 3701.923. (A) ~~There is hereby established the~~	29752
~~patient centered medical home education pilot project. The pilot~~	29753
~~project shall be implemented and administered by the patient~~	29754
~~centered medical home education advisory group.~~	29755

~~(B) The pilot project shall be operated to advance medical~~	29756
~~education in the patient centered medical home model of care. The~~	29757
~~patient centered medical home model of care is an enhanced model~~	29758
~~of primary care in which care teams attend to the multifaceted~~	29759
~~needs of patients, providing whole person comprehensive and~~	29760
~~coordinated patient centered care.~~	29761

~~(C)~~To the extent that funds are available, the director of	29762
health shall establish the patient centered medical home education	29763
pilot project. If the director establishes the project, all of the	29764
following apply:	29765

(1) The director shall select practices led by physicians and	29766
primary care practices led by advanced practice nurses to	29767
participate in the project. The director may consider the	29768
recommendations of the advisory group made in accordance with	29769
section 3701.925 of the Revised Code, but may not select a	29770
practice unless the practice complies with any applicable	29771
requirements under section 3701.926 of the Revised Code.	29772

(2) The director shall conduct the project in a manner that	29773
advances education in the patient centered medical home model of	29774
care.	29775

(3) The director shall evaluate all of the following:

29776

(a) Learning opportunities generated by the project;

29777

(b) Training of physicians and advanced practice nurses under	29778
the project;	29779

29780

(d) The extent to which the project met the expected outcomes	29781
developed under division (A) of section 3701.924 of the Revised	29782
Code.	29783

(4) The director shall assess and review results of the	29784
project.	29785

(5) The director shall recommend best practices and	29786
opportunities for improving technology, education, comprehensive	29787
training, consultation, and technical assistance for health care	29788
service providers in the patient centered medical home model of	29789
care.	29790

(B) The director may contract with an entity that has	29791
significant experience in assisting physician-led practices and	29792
advanced practice nurse-led primary care practices in	29793
transitioning to the patient centered medical home model of care.	29794
The contract shall require the entity to do both of the following:	29795

(1) Provide, to each practice that enters into a contract	29796
with the director pursuant to section 3701.927 of the Revised	29797
Code, comprehensive training, consultation, and technical	29798
assistance in the operation of a patient centered medical home,	29799
including assistance with leadership training, scheduling changes,	29800
staff support, and care management for chronic health conditions;	29801

(2) Assist the director in identifying necessary financial	29802
and operational requirements and any barriers or challenges	29803
associated with transitioning to a patient centered medical home	29804
model of care.	29805

(C) The project established under this section shall begin	29806
not later than the date the first practice enters into a contract	29807
with the director pursuant to section 3701.927 of the Revised Code	29808
and shall cease not later than the date the final report is	29809
submitted pursuant to division (B)(3) of section 3701.929 of the	29810
Revised Code.	29811

(D) The ~~pilot~~ project shall not be operated in a manner that	29812
requires a patient, unless otherwise required by the Revised Code,	29813
to receive a referral from a physician in a practice selected for	29814
inclusion in the pilot project under division (A)(1) of this	29815
section ~~185.05 of the Revised Code~~ as a condition of being	29816
authorized to receive specialized health care services from an	29817
individual licensed or certified under Title XLVII of the Revised	29818
Code to provide those services.	29819

~~Sec. 185.03.~~ Sec. 3701.924. (A) The patient centered medical home	29820
education advisory group is hereby created for the purpose of	29821
~~implementing and administering~~advising the director of health on	29822
the implementation and administration of the patient centered	29823
medical home ~~pilot project~~education program. The advisory group	29824
shall develop and provide to the director a set of expected	29825
outcomes for the pilot project. The advisory group shall consider	29826
and provide other recommendations to the director and complete	29827
other duties as the director considers appropriate.	29828

(B) The advisory group shall consist of the following ~~voting~~	29829
members:	29830

(1) The following members appointed by the director of	29831
health:	29832

~~(1)~~(a) One individual with expertise in the training and	29833
education of primary care physicians ~~who is appointed~~recommended	29834
by the dean of the university of Toledo college of medicine;	29835

~~(2)~~(b) One individual with expertise in the training and	29836
education of primary care physicians ~~who is appointed~~recommended	29837
by the dean of the Boonshoft school of medicine at Wright state	29838
university;	29839

~~(3)~~(c) One individual with expertise in the training and	29840
education of primary care physicians ~~who is appointed~~recommended	29841
by the president and dean of the northeast Ohio medical	29842
university;	29843

~~(4)~~(d) One individual with expertise in the training and	29844
education of primary care physicians ~~who is appointed~~recommended	29845
by the dean of the Ohio university college of osteopathic	29846
medicine;	29847

~~(5)~~(e) Two individuals ~~appointed~~recommended by the governing	29848
board of the Ohio academy of family physicians;	29849

~~(6)~~(f) One individual ~~appointed~~recommended by the governing	29850
board of the Ohio chapter of the American college of physicians;	29851

~~(7)~~(g) One individual ~~appointed~~recommended by the governing	29852
board of the Ohio chapter of the American academy of pediatrics;	29853

~~(8)~~(h) One individual ~~appointed~~recommended by the governing	29854
board of the Ohio osteopathic association;	29855

~~(9)~~(i) One individual with expertise in the training and	29856
education of advanced practice nurses ~~who is appointed~~,	29857
recommended by the governing board of the Ohio council of deans	29858
and directors of baccalaureate and higher degree programs in	29859
nursing;	29860

~~(10)~~(j) One individual ~~appointed~~recommended by the governing	29861
board of the Ohio nurses association;	29862

~~(11)~~(k) One individual ~~appointed~~recommended by the governing	29863
board of the Ohio association of advanced practice nurses;	29864

~~(12)~~(l) One individual ~~appointed~~recommended by the governing	29865
board of the Ohio council for home care and hospice;	29866

~~(13)~~(m) One individual ~~appointed~~recommended by the	29867
superintendent of insurance;	29868

(n) An employee of the department of health;

29869

(o) Not more than five additional members who have relevant	29870
expertise that the director considers appropriate.	29871

~~(C)~~(2) The ~~advisory group shall consist of the~~ following	29872
~~nonvoting, ex officio~~ members:	29873

~~(1)~~(a) The executive director of the state medical board, or	29874
the director's designee;	29875

~~(2)~~(b) The executive director of the board of nursing or the	29876
director's designee;	29877

~~(3)~~(c) The chancellor of the Ohio board of regents, or the	29878
chancellor's designee;	29879

~~(4)~~(d) The ~~individual within the department of job and family~~	29880
~~services who serves as the~~medical assistance director of	29881
~~medicaid~~, or the director's designee;	29882

~~(5) The director of health or the director's designee~~.

29883

~~(D) Advisory group members who are appointed shall serve at~~	29884
~~the pleasure of their appointing authorities. Terms of office of~~	29885
~~appointed members shall be three years, except that a member's~~	29886
~~term ends if the pilot project ceases operation during the~~	29887
~~member's term.~~	29888

(C)(1) In making the original appointments of the members	29889
specified in divisions (B)(1)(a) to (m) of this section, the	29890
director shall appoint the member who served in that capacity in	29891
the patient centered medical home advisory group, as it existed	29892
immediately prior to the effective date of this section. If for	29893
any reason the member who served immediately prior to the	29894
effective date of this section is unable to serve on the advisory	29895
group, the director shall request from the specified recommending	29896
authority a list of not less than two persons qualified to serve	29897
as members of the advisory group. The director shall appoint as a	29898
member one person from the list submitted by the recommending	29899
authority.	29900

(2) The advisory group members specified in divisions	29901
(B)(1)(a) to (m) of this section shall serve at the pleasure of	29902
the director, in consultation with their respective recommending	29903
authorities.	29904

(3) Vacancies shall be filled in the manner provided for	29905
original appointments.	29906

(D) Members shall serve without compensation, except to the	29907
extent that serving on the advisory group is considered part of	29908
their regular employment duties.	29909

(E) The ~~advisory group shall select~~director may appoint from	29910
~~among its~~the members of the advisory group a chairperson and	29911
vice-chairperson. ~~The advisory group may select any other officers~~	29912
~~it considers necessary to conduct its business.~~	29913

A majority of the members of the advisory group constitutes a	29914
quorum ~~for the transaction of official business~~. A majority of a	29915
quorum is necessary for the advisory group to ~~take any action,~~	29916
~~except that when one or more members of a quorum are required to~~	29917
~~abstain from voting as provided in division (C)(1)(d) or (C)(2)(c)~~	29918
~~of section 185.05 of the Revised Code, the number of members~~	29919
~~necessary for a majority of a quorum shall be reduced accordingly~~	29920
make any recommendations to the director.	29921

The advisory group shall meet ~~as necessary to fulfill its~~	29922
~~duties. The times and places for the meetings shall be selected by~~	29923
~~the chairperson~~at the call of the director. The director shall	29924
call the advisory group to meet not less than annually to discuss	29925
or consider recommendations to the director on the administration	29926
of the patient centered medical home education program.	29927

(F) Sections 101.82 to 101.87 of the Revised Code do not	29928
apply to the advisory group.	29929

~~Sec. 185.05.~~ Sec. 3701.925. (A) The patient centered medical home	29930
education advisory group shall accept applications for inclusion	29931
in the patient centered medical home education pilot project from	29932
primary care practices with educational affiliations, as	29933
determined by the advisory group, with one or more of the	29934
following:	29935

(1) The Boonshoft school of medicine at Wright state	29936
university;	29937

(2) The university of Toledo college of medicine;

29938

(3) The northeast Ohio medical university;

29939

(4) The Ohio university college of osteopathic medicine;

29940

(5) The college of nursing at the university of Toledo;

29941

(6) The Wright state university college of nursing and	29942
health;	29943

(7) The college of nursing at Kent state university;

29944

(8) The university of Akron college of nursing;

29945

(9) The school of nursing at Ohio university.

29946

(B)(1) Subject to division (C)(1) of this section, the	29947
advisory group shall ~~select~~recommend to the director of health	29948
for inclusion in the pilot project not ~~more~~less than the	29949
following number of ~~physician~~ practices led by physicians:	29950

(a) Ten practices affiliated with the Boonshoft school of	29951
medicine at Wright state university;	29952

(b) Ten practices affiliated with the university of Toledo	29953
college of medicine;	29954

(c) Ten practices affiliated with the northeast Ohio medical	29955
university;	29956

(d) Ten practices affiliated with the centers for osteopathic	29957
research and education of the Ohio university college of	29958
osteopathic medicine.	29959

(2) Subject to division (C)(2) of this section, the advisory	29960
group shall ~~select~~recommend to the director of health for	29961
inclusion in the pilot project not less than the following number	29962
of ~~advanced practice nurse~~ primary care practices led by advanced	29963
practice nurses:	29964

(a) One practice affiliated with the college of nursing at	29965
the university of Toledo;	29966

(b) One practice affiliated with the Wright state university	29967
college of nursing and health;	29968

(c) One practice affiliated with the college of nursing at	29969
Kent state university or the university of Akron college of	29970
nursing;	29971

(d) One practice affiliated with the school of nursing at	29972
Ohio university.	29973

(C)(1) All of the following apply with respect to the	29974
~~selection~~recommendation of ~~physician~~physician-led practices	29975
under division (B) of this section:	29976

(a) The advisory group shall strive to ~~select physician~~	29977
recommend physician-led practices in such a manner that the pilot	29978
project includes a diverse range of primary care specialties,	29979
including practices specializing in pediatrics, geriatrics,	29980
general internal medicine, or family medicine.	29981

(b) When evaluating an application, the advisory group shall	29982
consider the percentage of patients in the ~~physician~~physician-led	29983
practice who are part of a medically underserved population,	29984
including medicaid recipients and individuals without health	29985
insurance.	29986

(c) The advisory group shall ~~select~~recommend not fewer than	29987
six practices that serve rural areas of this state, as those areas	29988
are determined by the advisory group.	29989

(d) A member of the advisory group shall abstain from	29990
participating in any vote taken regarding the ~~selection~~	29991
recommendation of a ~~physician~~physician-led practice if the	29992
member would receive any financial benefit from having the	29993
practice included in the pilot project.	29994

(2) All of the following apply with respect to the ~~selection~~	29995
recommendation of advanced practice ~~nurse~~nurse-led primary care	29996
practices under division (B) of this section:	29997

(a) When evaluating an application, the advisory group shall	29998
consider the percentage of patients in the advanced practice ~~nurse~~	29999
nurse-led primary care practice who are part of a medically	30000
underserved population, including medicaid recipients and	30001
individuals without health insurance.	30002

(b) If the advisory group determines that it has not received	30003
an application from a sufficiently qualified advanced practice	30004
~~nurse~~nurse-led primary care practice affiliated with a particular	30005
institution specified in division (B)(2) of this section, the	30006
advisory group shall make the ~~selections~~recommendations required	30007
under that division in such a manner that the greatest possible	30008
number of those institutions are ~~represented~~recommended to be	30009
included in the pilot project. To be ~~selected~~recommended in this	30010
manner, a practice remains subject to the eligibility requirements	30011
specified in division (B) of section ~~185.06~~3701.926 of the	30012
Revised Code. As specified in division (B)(2) of this section, the	30013
number of practices ~~selected~~recommended for inclusion in the	30014
pilot project shall be at least four.	30015

(c) A member of the advisory group shall abstain from	30016
participating in any vote taken regarding the ~~selection~~	30017
recommendation of an advanced practice ~~nurse~~nurse-led primary	30018
care practice if the member would receive any financial benefit	30019
from having the practice included in the pilot project.	30020

(D) The advisory group shall provide a copy of all	30021
applications received under this section to the director of health	30022
after making recommendations under division (B)(1) of this	30023
section.	30024

~~Sec. 185.06.~~ Sec. 3701.926. (A) To be eligible for inclusion in the	30025
patient centered medical home education pilot project, a ~~physician~~	30026
physician-led practice shall meet all of the following	30027
requirements:	30028

(1) Consist of physicians who are board-certified in family	30029
medicine, general pediatrics, or internal medicine, as those	30030
designations are issued by a medical specialty certifying board	30031
recognized by the American board of medical specialties or	30032
American osteopathic association;	30033

(2) Be capable of adapting the practice during the period in	30034
which the practice ~~receives funding from~~participates in the	30035
patient centered medical home education ~~advisory group~~pilot	30036
project in such a manner that the practice is fully compliant with	30037
the minimum standards for operation of a patient centered medical	30038
home, as those standards are established by the ~~advisory group~~	30039
director of health;	30040

(3) Have submitted an application to participate in the	30041
project established under former section 185.05 of the Revised	30042
Code not later than April 15, 2011.	30043

(4) Meet any other criteria established by the ~~advisory group~~	30044
director as part of the selection process.	30045

(B) To be eligible for inclusion in the pilot project, an	30046
advanced practice ~~nurse~~nurse-led primary care practice shall meet	30047
all of the following requirements:	30048

(1) Consist of advanced practice nurses ~~who meet~~, each of	30049
whom meets all of the following requirements:	30050

(a) ~~Hold~~Holds a certificate to prescribe issued under	30051
section 4723.48 of the Revised Code;	30052

(b) ~~Are~~Is board-certified as a family nurse practitioner or	30053
adult nurse practitioner by the American academy of nurse	30054
practitioners or American nurses credentialing center,	30055
board-certified as a geriatric nurse practitioner or women's	30056
health nurse practitioner by the American nurses credentialing	30057
center, or is board-certified as a pediatric nurse practitioner by	30058
the American nurses credentialing center or pediatric nursing	30059
certification board;	30060

(c) ~~Has a collaboration agreement~~Collaborates under a	30061
standard care arrangement with a physician with board	30062
certification as specified in division (A)(1) of this section and	30063
who is an active participant on the health care team.	30064

(2) Be capable of adapting the primary care practice during	30065
the period in which the practice ~~receives funding from~~	30066
participates in the ~~advisory group~~project in such a manner that	30067
the practice is fully compliant with the minimum standards for	30068
operation of a patient centered medical home, as those standards	30069
are established by the ~~advisory group~~director;	30070

(3) Have submitted an application to participate in the	30071
project established under former section 185.05 of the Revised	30072
Code not later than April 15, 2011.	30073

(4) Meet any other criteria established by the ~~advisory group~~	30074
director as part of the selection process.	30075

~~Sec. 185.07.~~ Sec. 3701.927. The ~~patient centered medical home~~	30076
~~education advisory group~~director of health shall enter into a	30077
contract with each primary care practice selected by the director	30078
for inclusion in the patient centered medical home education pilot	30079
project. The contract shall specify the terms and conditions for	30080
inclusion in the pilot project, including a requirement that the	30081
practice provide comprehensive, coordinated primary care services	30082
to patients and serve as the patients' medical home. The contract	30083
shall also require the practice to participate in the training of	30084
medical students, advanced practice nursing students, orphysician	30085
assistant students, and primary care medical residents.	30086

The director may include as part of the contract any other	30087
requirements necessary for a practice to be included in the	30088
project, including requirements regarding the number of patients	30089
served who are medicaid recipients and individuals without health	30090
insurance.	30091

~~Sec. 185.09.~~ Sec. 3701.928. (A) The director of health or, at the	30092
director's request, the patient centered medical home education	30093
advisory group ~~shall jointly~~may work with ~~all~~ medical ~~and~~,	30094
nursing, and physician assistant schools or programs in this state	30095
to develop appropriate curricula designed to prepare primary care	30096
physicians ~~and~~, advanced practice nurses, and physician assistants	30097
to practice within the patient centered medical home model of	30098
care. In developing the curricula, the director or advisory group,	30099
~~medical schools, and nursing~~and the schools or programs shall	30100
include all of the following:	30101

(1) Components for use at the medical student, advanced	30102
practice nursing student, physician assistant student, and primary	30103
care resident training levels;	30104

(2) Components that reflect, as appropriate, the special	30105
needs of patients who are part of a medically underserved	30106
population, including medicaid recipients, individuals without	30107
health insurance, individuals with disabilities, individuals with	30108
chronic health conditions, and individuals within racial or ethnic	30109
minority groups;	30110

(3) Components that include training in interdisciplinary	30111
cooperation between physicians ~~and~~, advanced practice nurses, and	30112
physician assistants in the patient centered medical home model of	30113
care, including curricula ensuring that a common conception of a	30114
patient centered medical home model of care is provided to medical	30115
students, advanced practice nurses, physician assistants, and	30116
primary care residents.	30117

(B) The director or advisory group ~~shall~~may work in	30118
association with the medical ~~and~~, nursing, and physician assistant	30119
schools or programs to identify funding sources to ensure that the	30120
curricula developed under division (A) of this section are	30121
accessible to medical students, advanced practice nursing	30122
students, physician assistant students, and primary care	30123
residents. The director or advisory group shall consider	30124
scholarship options or incentives provided to students in addition	30125
to those provided under the choose Ohio first scholarship program	30126
operated under section 3333.61 of the Revised Code.	30127

~~Sec. 185.12.~~ Sec. 3701.929. (A) ~~The patient centered medical home~~	30128
~~education advisory group~~If the director of health establishes the	30129
patient centered medical home education pilot project, the	30130
director shall prepare reports of its findings and recommendations	30131
from the ~~patient centered medical home education~~ pilot project.	30132
Each report shall include an evaluation of the learning	30133
opportunities generated by the pilot project, the physicians and	30134
advanced practice nurses trained in the pilot project, the costs	30135
of the pilot project, and the extent to which the pilot project	30136
has met the set of expected outcomes developed under division (A)	30137
of section ~~185.03~~3701.924 of the Revised Code.	30138

(B) The reports shall be completed in accordance with the	30139
following schedule:	30140

(1) An interim report not later than six months after the	30141
date on which the ~~first funding is released~~last primary care	30142
practice selected to participate in the project enters into a	30143
contract with the department of health pursuant to section ~~185.11~~	30144
3701.927 of the Revised Code;	30145

(2) An update of the interim report not later than one year	30146
after the date ~~on which the first funding is released~~specified	30147
under division (B)(1) of this section;	30148

(3) A final report not later than two years after the date on	30149
~~which the first funding is released~~specified under division	30150
(B)(1) of this section.	30151

(C) The ~~advisory group~~director shall submit each of the	30152
reports to the governor and, in accordance with section 101.68 of	30153
the Revised Code, to the general assembly.	30154

Sec. 3701.93. Subject to available funds, the director of	30155
health shall establish the Ohio violent death reporting system to	30156
collect and maintain information, data, and records regarding	30157
violent deaths in Ohio.	30158

Sec. 3701.931. The Ohio violent death reporting system shall	30159
do all of the following regarding violent death information, data,	30160
and records maintained in the system:	30161

(A) Monitor the incidence and causes of the various types of	30162
violent deaths;	30163

(B) Make appropriate epidemiologic studies of the violent	30164
deaths;	30165

(C) Analyze trends and patterns in, and circumstances related	30166
to, the violent deaths;	30167

(D) With the assistance of the advisory group established	30168
pursuant to section 3701.932 of the Revised Code, recommend	30169
actions to relevant entities to prevent violent deaths and make	30170
any other such recommendations the director of health determines	30171
necessary.	30172

Sec. 3701.932. The director of health shall establish an	30173
advisory group of interested parties and stakeholders to recommend	30174
actions to relevant entities to prevent violent deaths, and make	30175
other recommendations the director determines necessary, in	30176
accordance with division (D) of section 3701.931 of the Revised	30177
Code.	30178

Sec. 3701.933. The data collection model used by the Ohio	30179
violent death reporting system shall follow the data collection	30180
model used by the United States centers for disease control and	30181
prevention national violent death reporting system and any other	30182
data collection model set forth by the director of health pursuant	30183
to section 3701.934 of the Revised Code.	30184

Sec. 3701.934. The director of health, pursuant to rules	30185
adopted in accordance with Chapter 119. of the Revised Code, shall	30186
do all of the following:	30187

(A) Specify the types of violent deaths that shall be	30188
included in the Ohio violent death reporting system;	30189

(B) Specify the information, data, and records to be	30190
collected for use by the Ohio violent death reporting system;	30191

(C) Specify the sources from which the information, data, and	30192
records are to be collected for use by the Ohio violent death	30193
reporting system;	30194

(D) If determined appropriate by the director, set forth any	30195
other data collection model to be used by the Ohio violent death	30196
reporting system.	30197

Sec. 3701.935. The director of health shall collect	30198
information about violent deaths in Ohio only from existing	30199
sources related to violent crimes and shall not conduct	30200
independent criminal investigations in order to obtain	30201
information, data, or records for use by the Ohio violent death	30202
reporting system.	30203

Sec. 3701.936. At the request of the director of health,	30204
every department, agency, and political subdivision of the state	30205
shall provide information, data, records, and otherwise assist in	30206
the execution of sections 3701.93 to 3701.9314 of the Revised	30207
Code.	30208

Sec. 3701.937. At the request of the director of health, any	30209
individual or entity not specified in section 3701.936 of the	30210
Revised Code, at the individual's or entity's discretion, may	30211
provide information, data, records, and otherwise assist in the	30212
execution of sections 3701.93 to 3701.9314 of the Revised Code.	30213
Any information, data, and records provided to the director by any	30214
other individual or entity shall contain only information, data,	30215
or records that are available or reasonably drawn from any	30216
information, data, and record developed and kept in the normal	30217
course of business.	30218

Sec. 3701.938. Notwithstanding any section of the Revised	30219
Code pertaining to confidentiality, any individual, public social	30220
service agency, or public agency that provides services to	30221
individuals or families, law enforcement agency, coroner, or	30222
public entity that provided services to an individual whose death	30223
is the type of death specified by the director of health under	30224
section 3701.934 of the Revised Code shall provide information,	30225
data, records, and otherwise assist in the execution of sections	30226
3701.93 to 3701.9314 of the Revised Code.	30227

Sec. 3701.9310. Except as otherwise provided in section	30228
3701.9212 of the Revised Code, all of the following are not public	30229
records under section 149.43 of the Revised Code, shall be	30230
confidential, and shall be published only in statistical form:	30231

(A) Information, data, and records collected for use and	30232
maintained by the Ohio violent death reporting system including,	30233
but not limited to, medical records, law enforcement investigative	30234
records, coroner investigative records, laboratory reports, and	30235
other records concerning a decedent;	30236

(B) Work products created in carrying out the purposes of the	30237
Ohio violent death reporting system.	30238

Sec. 3701.9311. Information, data, and records collected for	30239
use and maintained by, and all work products created in carrying	30240
out the purposes of, the Ohio violent death reporting system shall	30241
not be subject to subpoena or discovery while in the possession of	30242
the system or admissible in any criminal or civil proceeding if	30243
obtained through, or from, the system.	30244

Sec. 3701.9312. The director of health, pursuant to rules	30245
adopted in accordance with Chapter 119. of the Revised Code, shall	30246
establish standards and procedures to make available to	30247
researchers confidential information collected by the Ohio violent	30248
death reporting system. Researchers complying with those standards	30249
and procedures also shall comply with the confidentiality	30250
requirements of section 3701.9310 of the Revised Code.	30251

Sec. 3701.9314. The director of health may adopt rules in	30252
accordance with Chapter 119. of the Revised Code necessary to	30253
establish, maintain, and carry out the purposes of the Ohio	30254
violent death reporting system under sections 3701.93 to 3701.9314	30255
of the Revised Code.	30256

Sec. 3702.141. (A) As used in this section:

30257

(1) "Existing health care facility" means a health care	30258
facility that is licensed or otherwise approved to practice in	30259
this state, in accordance with applicable law, is staffed and	30260
equipped to provide health care services, and actively provides	30261
health services or has not been actively providing health services	30262
for less than twelve consecutive months.	30263

(2) "Freestanding birthing center" means any facility in	30264
which deliveries routinely occur, regardless of whether the	30265
facility is located on the campus of another health care facility,	30266
and which is not licensed under Chapter 3711. of the Revised Code	30267
as a level one, two, or three maternity unit or a limited	30268
maternity unit.	30269

(3) "Health care facility" ~~and "health service" have the same~~	30270
~~meanings as in section 3702.51 of the Revised Code~~means:	30271

(a) A hospital registered under section 3701.07 of the	30272
Revised Code;	30273

(b) A nursing home licensed under section 3721.02 of the	30274
Revised Code, or by a political subdivision certified under	30275
section 3721.09 of the Revised Code;	30276

(c) A county home or a county nursing home as defined in	30277
section 5155.31 of the Revised Code that is certified under Title	30278
XVIII or XIX of the "Social Security Act," 49 Stat. 620 (1935), 42	30279
U.S.C.A. 301, as amended;	30280

(d) A freestanding dialysis center;

30281

(e) A freestanding inpatient rehabilitation facility;

30282

(f) An ambulatory surgical facility;

30283

(g) A freestanding cardiac catheterization facility;

30284

(h) A freestanding birthing center;

30285

(i) A freestanding or mobile diagnostic imaging center;

30286

(j) A freestanding radiation therapy center.

30287

A health care facility does not include the offices of	30288
private physicians and dentists whether for individual or group	30289
practice, residential facilities licensed under section 5123.19 of	30290
the Revised Code, or an institution for the sick that is operated	30291
exclusively for patients who use spiritual means for healing and	30292
for whom the acceptance of medical care is inconsistent with their	30293
religious beliefs, accredited by a national accrediting	30294
organization, exempt from federal income taxation under section	30295
501 of the Internal Revenue Code of 1986, 100 Stat. 2085, 26	30296
U.S.C.A. 1, as amended, and providing twenty-four hour nursing	30297
care pursuant to the exemption in division (E) of section 4723.32	30298
of the Revised Code from the licensing requirements of Chapter	30299
4723. of the Revised Code.	30300

(4) "Health service" means a clinically related service, such	30301
as a diagnostic, treatment, rehabilitative, or preventive service.	30302

(B) Section 3702.14 of the Revised Code shall not be	30303
construed to require any existing health care facility that is	30304
conducting an activity specified in section 3702.11 of the Revised	30305
Code, which activity was initiated on or before March 20, 1997, to	30306
alter, upgrade, or otherwise improve the structure or fixtures of	30307
the facility in order to comply with any rule adopted under	30308
section 3702.11 of the Revised Code relating to that activity,	30309
unless one of the following applies:	30310

(1) The facility initiates a construction, renovation, or	30311
reconstruction project that involves a capital expenditure of at	30312
least fifty thousand dollars, not including expenditures for	30313
equipment or staffing or operational costs, and that directly	30314
involves the area in which the existing service is conducted.	30315

(2) The facility initiates another activity specified in	30316
section 3702.11 of the Revised Code.	30317

(3) ~~The facility initiates a service level designation change~~	30318
~~for obstetric and newborn care.~~	30319

~~(4)~~ The facility proposes to add a cardiac catheterization	30320
laboratory to an existing cardiac catheterization service.	30321

~~(5)~~(4) The facility proposes to add an open-heart operating	30322
room to an existing open-heart surgery service.	30323

~~(6)~~(5) The director of health determines, by clear and	30324
convincing evidence, that failure to comply with the rule would	30325
create an imminent risk to the health and welfare of any patient.	30326

(C) If division (B)~~(4)~~(3) or ~~(5)~~(4) of this section applies,	30327
any alteration, upgrade, or other improvement required shall apply	30328
only to the proposed addition to the existing service if the cost	30329
of the addition is less than the capital expenditure threshold set	30330
forth in division (B)(1) of this section.	30331

(D) No person or government entity shall divide or otherwise	30332
segment a construction, renovation, or reconstruction project in	30333
order to evade application of the capital expenditure threshold	30334
set forth in division (B)(1) of this section.	30335

Sec. 3702.31. (A) The quality monitoring and inspection fund	30336
is hereby created in the state treasury. The director of health	30337
shall use the fund to administer and enforce this section and	30338
sections 3702.11 to 3702.20, 3702.30, 3702.301, ~~and~~ 3702.32, and	30339
3702.33 of the Revised Code and rules adopted pursuant to those	30340
sections. The director shall deposit in the fund any moneys	30341
collected pursuant to this section or section 3702.32 of the	30342
Revised Code. All investment earnings of the fund shall be	30343
credited to the fund.	30344

(B) The director of health shall adopt rules pursuant to	30345
Chapter 119. of the Revised Code establishing fees for both of the	30346
following:	30347

(1) Initial and renewal license applications submitted under	30348
section 3702.30 of the Revised Code. The fees established under	30349
division (B)(1) of this section shall not exceed the actual and	30350
necessary costs of performing the activities described in division	30351
(A) of this section.	30352

(2) Inspections conducted under section 3702.15 or 3702.30 of	30353
the Revised Code. The fees established under division (B)(2) of	30354
this section shall not exceed the actual and necessary costs	30355
incurred during an inspection, including any indirect costs	30356
incurred by the department for staff, salary, or other	30357
administrative costs. The director of health shall provide to each	30358
health care facility or provider inspected pursuant to section	30359
3702.15 or 3702.30 of the Revised Code a written statement of the	30360
fee. The statement shall itemize and total the costs incurred.	30361
Within fifteen days after receiving a statement from the director,	30362
the facility or provider shall forward the total amount of the fee	30363
to the director.	30364

(3) The fees described in divisions (B)(1) and (2) of this	30365
section shall meet both of the following requirements:	30366

(a) For each service described in section 3702.11 of the	30367
Revised Code, the fee shall not exceed one thousand seven hundred	30368
fifty dollars annually, except that the total fees charged to a	30369
health care provider under this section shall not exceed five	30370
thousand dollars annually.	30371

(b) The fee shall exclude any costs reimbursable by the	30372
United States centers for medicare and medicaid services as part	30373
of the certification process for the medicare program established	30374
under Title XVIII of the "Social Security Act," 79 Stat. 286	30375
(1935), 42 U.S.C.A. 1395, as amended, and the medicaid program	30376
established under Title XIX of the "Social Security Act," 79 Stat.	30377
286 (1965), 42 U.S.C. 1396.	30378

(4) The director shall not establish a fee for any service	30379
for which a licensure or inspection fee is paid by the health care	30380
provider to a state agency for the same or similar licensure or	30381
inspection.	30382

Sec. 3702.51. As used in sections 3702.51 to 3702.62 of the	30383
Revised Code:	30384

(A) "Applicant" means any person that submits an application	30385
for a certificate of need and who is designated in the application	30386
as the applicant.	30387

(B) "Person" means any individual, corporation, business	30388
trust, estate, firm, partnership, association, joint stock	30389
company, insurance company, government unit, or other entity.	30390

(C) "Certificate of need" means a written approval granted by	30391
the director of health to an applicant to authorize conducting a	30392
reviewable activity.	30393

(D) "~~Health service~~Service area" means ~~a geographic region~~	30394
~~designated by the director of health under section 3702.58 of the~~	30395
~~Revised Code~~the current and projected primary and secondary	30396
service areas to which the long-term care facility is, or will be,	30397
providing long-term care services.	30398

(E) "~~Health~~Primary service area" means ~~a clinically related~~	30399
~~service, such as a diagnostic, treatment, rehabilitative, or~~	30400
~~preventive service~~the geographic region, usually comprised of the	30401
Ohio zip code in which the long-term care facility is located and	30402
contiguous zip codes, from which approximately seventy-five to	30403
eighty per cent of the facility's residents currently originate or	30404
are expected to originate.	30405

(F) "~~Health~~Secondary service ~~agency~~area" means ~~an agency~~	30406
~~designated to serve a health service area in accordance with~~	30407
~~section 3702.58 of the Revised Code~~the geographic region, usually	30408
comprised of Ohio zip codes not included in the primary service	30409
area, excluding isolated exceptions, from which the facility's	30410
remaining residents currently originate or are expected to	30411
originate.	30412

(G) ~~"Health care facility" means:~~

30413

~~(1) A hospital registered under section 3701.07 of the~~	30414
~~Revised Code;~~	30415

~~(2) A nursing home licensed under section 3721.02 of the~~	30416
~~Revised Code, or by a political subdivision certified under~~	30417
~~section 3721.09 of the Revised Code;~~	30418

~~(3) A county home or a county nursing home as defined in~~	30419
~~section 5155.31 of the Revised Code that is certified under Title~~	30420
~~XVIII or XIX of the "Social Security Act," 49 Stat. 620 (1935), 42~~	30421
~~U.S.C.A. 301, as amended;~~	30422

~~(4) A freestanding dialysis center;~~

30423

~~(5) A freestanding inpatient rehabilitation facility;~~

30424

~~(6) An ambulatory surgical facility;~~

30425

~~(7) A freestanding cardiac catheterization facility;~~

30426

~~(8) A freestanding birthing center;~~

30427

~~(9) A freestanding or mobile diagnostic imaging center;~~

30428

~~(10) A freestanding radiation therapy center.~~

30429

~~A health care facility does not include the offices of~~	30430
~~private physicians and dentists whether for individual or group~~	30431
~~practice, residential facilities licensed under section 5123.19 of~~	30432
~~the Revised Code, or an institution for the sick that is operated~~	30433
~~exclusively for patients who use spiritual means for healing and~~	30434
~~for whom the acceptance of medical care is inconsistent with their~~	30435
~~religious beliefs, accredited by a national accrediting~~	30436
~~organization, exempt from federal income taxation under section~~	30437
~~501 of the Internal Revenue Code of 1986, 100 Stat. 2085, 26~~	30438
~~U.S.C.A. 1, as amended, and providing twenty-four hour nursing~~	30439
~~care pursuant to the exemption in division (E) of section 4723.32~~	30440
~~of the Revised Code from the licensing requirements of Chapter~~	30441
~~4723. of the Revised Code.~~	30442

~~(H) "Medical equipment" means a single unit of medical~~	30443
~~equipment or a single system of components with related functions~~	30444
~~that is used to provide health services.~~	30445

~~(I)~~ "Third-party payer" means a health insuring corporation	30446
licensed under Chapter 1751. of the Revised Code, a health	30447
maintenance organization as defined in division ~~(K)~~(I) of this	30448
section, an insurance company that issues sickness and accident	30449
insurance in conformity with Chapter 3923. of the Revised Code, a	30450
state-financed health insurance program under Chapter 3701.,	30451
4123., or 5111. of the Revised Code, or any self-insurance plan.	30452

~~(J)~~(H) "Government unit" means the state and any county,	30453
municipal corporation, township, or other political subdivision of	30454
the state, or any department, division, board, or other agency of	30455
the state or a political subdivision.	30456

~~(K)~~(I) "Health maintenance organization" means a public or	30457
private organization organized under the law of any state that is	30458
qualified under section 1310(d) of Title XIII of the "Public	30459
Health Service Act," 87 Stat. 931 (1973), 42 U.S.C. 300e-9.	30460

~~(L)~~(J) "Existing ~~health~~long-term care facility" means either	30461
of the following:	30462

(1) A ~~health~~long-term care facility that is licensed or	30463
otherwise authorized to operate in this state in accordance with	30464
applicable law, including a county home or a county nursing home	30465
that is certified ~~as of February 1, 2008,~~ under Title XVIII or	30466
Title XIX of the "Social Security Act," 49 Stat. 620 (1935), 42	30467
U.S.C. 301, as amended, is staffed and equipped to provide ~~health~~	30468
long-term care services, and is actively providing ~~health~~	30469
long-term care services;	30470

(2) A ~~health~~long-term care facility that is licensed or	30471
otherwise authorized to operate in this state in accordance with	30472
applicable law, including a county home or a county nursing home	30473
that is certified ~~as of February 1, 2008,~~ under Title XVIII or	30474
Title XIX of the "Social Security Act," 49 Stat. 620 (1935), 42	30475
U.S.C. 301, as amended, or that has beds registered under section	30476
3701.07 of the Revised Code as skilled nursing beds or long-term	30477
care beds and has provided long-term care services for at least	30478
three hundred sixty-five consecutive days within the twenty-four	30479
months immediately preceding the date a certificate of need	30480
application is filed with the director of health.	30481

~~(M)~~(K) "State" means the state of Ohio, including, but not	30482
limited to, the general assembly, the supreme court, the offices	30483
of all elected state officers, and all departments, boards,	30484
offices, commissions, agencies, institutions, and other	30485
instrumentalities of the state of Ohio. "State" does not include	30486
political subdivisions.	30487

~~(N)~~(L) "Political subdivision" means a municipal corporation,	30488
township, county, school district, and all other bodies corporate	30489
and politic responsible for governmental activities only in	30490
geographic areas smaller than that of the state to which the	30491
sovereign immunity of the state attaches.	30492

~~(O)~~(M) "Affected person" means:

30493

(1) An applicant for a certificate of need, including an	30494
applicant whose application was reviewed comparatively with the	30495
application in question;	30496

(2) The person that requested the reviewability ruling in	30497
question;	30498

(3) Any person that resides or regularly uses ~~health~~	30499
long-term care facilities within the ~~geographic~~service area	30500
served or to be served by the ~~health~~long-term care services that	30501
would be provided under the certificate of need or reviewability	30502
ruling in question;	30503

(4) Any ~~health~~long-term care facility that is located in the	30504
~~health~~ service area where the ~~health~~long-term care services would	30505
be provided under the certificate of need or reviewability ruling	30506
in question;	30507

(5) Third-party payers that reimburse ~~health~~long-term care	30508
facilities for services in the ~~health~~ service area where the	30509
~~health~~long-term care services would be provided under the	30510
certificate of need or reviewability ruling in question;.	30511

~~(6) Any other person who testified at a public hearing held~~	30512
~~under division (B) of section 3702.52 of the Revised Code or~~	30513
~~submitted written comments in the course of review of the~~	30514
~~certificate of need application in question.~~	30515

~~(P) "Osteopathic hospital" means a hospital registered under~~	30516
~~section 3701.07 of the Revised Code that advocates osteopathic~~	30517
~~principles and the practice and perpetuation of osteopathic~~	30518
~~medicine by doing any of the following:~~	30519

~~(1) Maintaining a department or service of osteopathic~~	30520
~~medicine or a committee on the utilization of osteopathic~~	30521
~~principles and methods, under the supervision of an osteopathic~~	30522
~~physician;~~	30523

~~(2) Maintaining an active medical staff, the majority of~~	30524
~~which is comprised of osteopathic physicians;~~	30525

~~(3) Maintaining a medical staff executive committee that has~~	30526
~~osteopathic physicians as a majority of its members.~~	30527

~~(Q) "Ambulatory surgical facility" has the same meaning as in~~	30528
~~section 3702.30 of the Revised Code.~~	30529

~~(R) Except as provided in division (S) of this section,~~	30530
~~"reviewable activity" means any of the following activities:~~	30531

~~(1) The establishment, development, or construction of a new~~	30532
~~long-term care facility;~~	30533

~~(2) The replacement of an existing long-term care facility;~~

30534

~~(3) The renovation of a long-term care facility that involves~~	30535
~~a capital expenditure of two million dollars or more, not~~	30536
~~including expenditures for equipment, staffing, or operational~~	30537
~~costs;~~	30538

~~(4) Either of the following changes in long-term care bed~~	30539
~~capacity:~~	30540

~~(a) An increase in bed capacity;~~

30541

~~(b) A relocation of beds from one physical facility or site~~	30542
~~to another, excluding the relocation of beds within a long-term~~	30543
~~care facility or among buildings of a long-term care facility at~~	30544
~~the same site.~~	30545

~~(5) Any change in the health services, bed capacity, or site,~~	30546
~~or any other failure to conduct the reviewable activity in~~	30547
~~substantial accordance with the approved application for which a~~	30548
~~certificate of need concerning long-term care beds was granted, if~~	30549
~~the change is made within five years after the implementation of~~	30550
~~the reviewable activity for which the certificate was granted;~~	30551

~~(6) The expenditure of more than one hundred ten per cent of~~	30552
~~the maximum expenditure specified in a certificate of need~~	30553
~~concerning long-term care beds.~~	30554

~~(S) "Reviewable activity" does not include any of the~~	30555
~~following activities:~~	30556

~~(1) Acquisition of computer hardware or software;~~

30557

~~(2) Acquisition of a telephone system;~~

30558

~~(3) Construction or acquisition of parking facilities;~~

30559

~~(4) Correction of cited deficiencies that are in violation of~~	30560
~~federal, state, or local fire, building, or safety laws and rules~~	30561
~~and that constitute an imminent threat to public health or safety;~~	30562

~~(5) Acquisition of an existing health care facility that does~~	30563
~~not involve a change in the number of the beds, by service, or in~~	30564
~~the number or type of health services;~~	30565

~~(6) Correction of cited deficiencies identified by~~	30566
~~accreditation surveys of the joint commission on accreditation of~~	30567
~~healthcare organizations or of the American osteopathic~~	30568
~~association;~~	30569

~~(7) Acquisition of medical equipment to replace the same or~~	30570
~~similar equipment for which a certificate of need has been issued~~	30571
~~if the replaced equipment is removed from service;~~	30572

~~(8) Mergers, consolidations, or other corporate~~	30573
~~reorganizations of health care facilities that do not involve a~~	30574
~~change in the number of beds, by service, or in the number or type~~	30575
~~of health services;~~	30576

~~(9) Construction, repair, or renovation of bathroom~~	30577
~~facilities;~~	30578

~~(10) Construction of laundry facilities, waste disposal~~	30579
~~facilities, dietary department projects, heating and air~~	30580
~~conditioning projects, administrative offices, and portions of~~	30581
~~medical office buildings used exclusively for physician services;~~	30582

~~(11) Acquisition of medical equipment to conduct research~~	30583
~~required by the United States food and drug administration or~~	30584
~~clinical trials sponsored by the national institute of health. Use~~	30585
~~of medical equipment that was acquired without a certificate of~~	30586
~~need under division (S)(11) of this section and for which~~	30587
~~premarket approval has been granted by the United States food and~~	30588
~~drug administration to provide services for which patients or~~	30589
~~reimbursement entities will be charged shall be a reviewable~~	30590
~~activity.~~	30591

~~(12) Removal of asbestos from a health care facility.~~

30592

~~Only that portion of a project that meets the requirements of~~	30593
~~this division is not a reviewable activity.~~	30594

~~(T) "Small rural hospital" means a hospital that is located~~	30595
~~within a rural area, has fewer than one hundred beds, and to which~~	30596
~~fewer than four thousand persons were admitted during the most~~	30597
~~recent calendar year.~~	30598

~~(U) "Children's hospital" means any of the following:~~

30599

~~(1) A hospital registered under section 3701.07 of the~~	30600
~~Revised Code that provides general pediatric medical and surgical~~	30601
~~care, and in which at least seventy-five per cent of annual~~	30602
~~inpatient discharges for the preceding two calendar years were~~	30603
~~individuals less than eighteen years of age;~~	30604

~~(2) A distinct portion of a hospital registered under section~~	30605
~~3701.07 of the Revised Code that provides general pediatric~~	30606
~~medical and surgical care, has a total of at least one hundred~~	30607
~~fifty registered pediatric special care and pediatric acute care~~	30608
~~beds, and in which at least seventy-five per cent of annual~~	30609
~~inpatient discharges for the preceding two calendar years were~~	30610
~~individuals less than eighteen years of age;~~	30611

~~(3) A distinct portion of a hospital, if the hospital is~~	30612
~~registered under section 3701.07 of the Revised Code as a~~	30613
~~children's hospital and the children's hospital meets all the~~	30614
~~requirements of division (U)(1) of this section.~~	30615

~~(V)~~(N) "Long-term care facility" means any of the following:

30616

(1) A nursing home licensed under section 3721.02 of the	30617
Revised Code or by a political subdivision certified under section	30618
3721.09 of the Revised Code;	30619

(2) The portion of any facility, including a county home or	30620
county nursing home, that is certified as a skilled nursing	30621
facility or a nursing facility under Title XVIII or XIX of the	30622
"Social Security Act";	30623

(3) The portion of any hospital that contains beds registered	30624
under section 3701.07 of the Revised Code as skilled nursing beds	30625
or long-term care beds.	30626

~~(W)~~(O) "Long-term care bed" or "bed" means a bed ~~in a~~	30627
~~long-term care facility~~that is categorized as one of the	30628
following:	30629

(1) A bed that is located in a facility that is a nursing	30630
home licensed under section 3721.02 of the Revised Code or a	30631
facility licensed by a political subdivision certified under	30632
section 3721.09 of the Revised Code and is included in the	30633
authorized maximum licensed capacity of the facility;	30634

(2) A bed that is located in the portion of any facility,	30635
including a county home or county nursing home, that is certified	30636
as a skilled nursing facility under the medicare program or a	30637
nursing facility under the medicaid program and is included in the	30638
authorized maximum certified capacity of that portion of the	30639
facility;	30640

(3) A bed that is registered under section 3701.07 of the	30641
Revised Code as a skilled nursing bed, a long-term care bed, or a	30642
special skilled nursing bed;	30643

(4) A bed in a county home or county nursing home that has	30644
been certified under section 5155.38 of the Revised Code as having	30645
been in operation on July 1, 1993, and is eligible for licensure	30646
as a nursing home bed;	30647

(5) A bed held as an approved bed under a certificate of need	30648
approved by the director.	30649

A bed cannot simultaneously be both a bed described in	30650
division (O)(1), (2), (3), or (4) of this section and a bed	30651
described in division (O)(5) of this section.	30652

~~(X) "Freestanding birthing center" means any facility in~~	30653
~~which deliveries routinely occur, regardless of whether the~~	30654
~~facility is located on the campus of another health care facility,~~	30655
~~and which is not licensed under Chapter 3711. of the Revised Code~~	30656
~~as a level one, two, or three maternity unit or a limited~~	30657
~~maternity unit.~~	30658

~~(Y)(1)~~(P) "Reviewability ruling" means a ruling issued by the	30659
director of health under division (A) of section 3702.52 of the	30660
Revised Code as to whether a particular proposed project is or is	30661
not a reviewable activity.	30662

~~(2) "Nonreviewability ruling" means a ruling issued under~~	30663
~~that division that a particular proposed project is not a~~	30664
~~reviewable activity.~~	30665

~~(Z)(1) "Metropolitan statistical area" means an area of this~~	30666
~~state designated a metropolitan statistical area or primary~~	30667
~~metropolitan statistical area in United States office of~~	30668
~~management and budget bulletin no. 93-17, June 30, 1993, and its~~	30669
~~attachments.~~	30670

~~(2) "Rural area" means any area of this state not located~~	30671
~~within a metropolitan statistical area.~~	30672

~~(AA)~~(Q) "County nursing home" has the same meaning as in	30673
section 5155.31 of the Revised Code.	30674

~~(BB)~~(R) "Principal participant" means both of the following:

30675

(1) A person who has an ownership or controlling interest of	30676
at least five per cent in an applicant, in a ~~health~~long-term care	30677
facility that is the subject of an application for a certificate	30678
of need, or in the owner or operator of the applicant or such a	30679
facility;	30680

(2) An officer, director, trustee, or general partner of an	30681
applicant, of a ~~health~~long-term care facility that is the subject	30682
of an application for a certificate of need, or of the owner or	30683
operator of the applicant or such a facility.	30684

~~(CC)~~(S) "Actual harm but not immediate jeopardy deficiency"	30685
means a deficiency that, under 42 C.F.R. 488.404, either	30686
constitutes a pattern of deficiencies resulting in actual harm	30687
that is not immediate jeopardy or represents widespread	30688
deficiencies resulting in actual harm that is not immediate	30689
jeopardy.	30690

~~(DD)~~(T) "Immediate jeopardy deficiency" means a deficiency	30691
that, under 42 C.F.R. 488.404, either constitutes a pattern of	30692
deficiencies resulting in immediate jeopardy to resident health or	30693
safety or represents widespread deficiencies resulting in	30694
immediate jeopardy to resident health or safety.	30695

(U) "Existing bed" or "existing long-term care bed" means a	30696
bed from an existing long-term care facility, a bed described in	30697
division (O)(5) of this section, or a bed correctly reported as a	30698
long-term care bed pursuant to section 5155.38 of the Revised	30699
Code.	30700

Sec. 3702.511. (A) Except as provided in division (B) of this	30701
section, the following activities are reviewable under sections	30702
3702.51 to 3702.62 of the Revised Code:	30703

(1) Establishment, development, or construction of a new	30704
long-term care facility;	30705

(2) Replacement of an existing long-term care facility;

30706

(3) Renovation of or addition to a long-term care facility	30707
that involves a capital expenditure of two million dollars or	30708
more, not including expenditures for equipment, staffing, or	30709
operational costs;	30710

(4) Either of the following changes in long-term care bed	30711
capacity:	30712

(a) An increase in bed capacity;

30713

(b) A relocation of beds from one physical facility or site	30714
to another, excluding relocation of beds within a long-term care	30715
facility or among buildings of a long-term care facility at the	30716
same site.	30717

(5) Any change in the bed capacity or site, or any other	30718
failure to conduct a reviewable activity in substantial accordance	30719
with the approved application for which a certificate of need	30720
concerning long-term care beds was granted, if the change is made	30721
within five years after the implementation of the reviewable	30722
activity for which the certificate was granted;	30723

(6) Expenditure of more than one hundred ten per cent of the	30724
maximum expenditure specified in a certificate of need concerning	30725
long-term care beds.	30726

(B) The following activities are not subject to review under	30727
sections 3702.51 to 3702.62 of the Revised Code:	30728

(1) Acquisition of computer hardware or software;

30729

(2) Acquisition of a telephone system;

30730

(3) Construction or acquisition of parking facilities;

30731

(4) Correction of cited deficiencies that constitute an	30732
imminent threat to public health or safety and are in violation of	30733
federal, state, or local fire, building, or safety statutes,	30734
ordinances, rules, or regulations;	30735

(5) Acquisition of an existing long-term care facility that	30736
does not involve a change in the number of the beds;	30737

(6) Mergers, consolidations, or other corporate	30738
reorganizations of long-term care facilities that do not involve a	30739
change in the number of beds;	30740

(7) Construction, repair, or renovation of bathroom	30741
facilities;	30742

(8) Construction of laundry facilities, waste disposal	30743
facilities, dietary department projects, heating and air	30744
conditioning projects, administrative offices, and portions of	30745
medical office buildings used exclusively for physician services;	30746

(9) Removal of asbestos from a health care facility.

30747

Only that portion of a project that is described in this	30748
division is not reviewable.	30749

Sec. 3702.52. The director of health shall administer a	30750
state certificate of need program in accordance with sections	30751
3702.51 to 3702.62 of the Revised Code and rules adopted under	30752
those sections.	30753

(A) The director shall issue rulings on whether a particular	30754
proposed project is a reviewable activity. The director shall	30755
issue a ruling not later than forty-five days after receiving a	30756
request for a ruling accompanied by the information needed to make	30757
the ruling. If the director does not issue a ruling in that time,	30758
the project shall be considered to have been ruled not a	30759
reviewable activity.	30760

(B)(1) Each application for a certificate of need shall be	30761
submitted to the director on forms and in the manner prescribed by	30762
the director. Each application shall include a plan for obligating	30763
the capital expenditures or implementing the proposed project on a	30764
timely basis in accordance with section ~~3702.525~~3702.524 of the	30765
Revised Code. Each application shall also include all other	30766
information required by rules adopted under division (B) of	30767
section 3702.57 of the Revised Code.	30768

(2) Each application shall be accompanied by the application	30769
fee established in rules adopted under division (G) of section	30770
3702.57 of the Revised Code. Application fees received by the	30771
director under this division shall be deposited into the state	30772
treasury to the credit of the certificate of need fund, which is	30773
hereby created. The director shall use the fund only to pay the	30774
costs of administering sections 3702.11 to 3702.20, 3702.30, and	30775
3702.51 to 3702.62 of the Revised Code and rules adopted under	30776
those sections. An application fee is nonrefundable unless the	30777
director determines that the application cannot be accepted.	30778

(3) The director shall review applications for certificates	30779
of need. As part of a review, the director shall determine whether	30780
an application is complete. The director shall not consider an	30781
application to be complete unless the application meets all	30782
criteria for a complete application specified in rules adopted	30783
under section 3702.57 of the Revised Code. The director shall mail	30784
to the applicant a written notice that the application is	30785
complete, or a written request for additional information, not	30786
later than thirty days after receiving an application or a	30787
response to an earlier request for information. Except as provided	30788
in section ~~3702.523~~3702.522 of the Revised Code, the director	30789
shall not make more than two requests for additional information.	30790
The director's determination that an application is not complete	30791
is final and not subject to appeal.	30792

~~The director may conduct a public informational hearing in~~	30793
~~the course of reviewing any application for a certificate of need,~~	30794
~~and shall conduct one if requested to do so by any affected person~~	30795
~~not later than fifteen days after the director mails the notice~~	30796
~~that the application is complete. The hearing shall be conducted~~	30797
~~in the community in which the activities authorized by the~~	30798
~~certificate of need would be carried out. Any affected person may~~	30799
~~testify at the hearing. The director may, with the health service~~	30800
~~agency's consent, designate a health service agency to conduct the~~	30801
~~hearing.~~	30802

(4) Except ~~during a public hearing or~~ as necessary to comply	30803
with a subpoena issued under division ~~(E)~~(F) of this section,	30804
after a notice of completeness has been received, no person shall	30805
make revisions to information that was submitted to the director	30806
before the director mailed the notice of completeness or knowingly	30807
discuss in person or by telephone the merits of the application	30808
with the director. A person may supplement an application after a	30809
notice of completeness has been received by submitting clarifying	30810
information to the director. ~~If one or more persons request a~~	30811
~~meeting in person or by telephone, the director shall make a~~	30812
~~reasonable effort to invite interested parties to the meeting or~~	30813
~~conference call.~~	30814

(C) All of the following apply to the process of granting or	30815
denying a certificate of need:	30816

(1) If the project proposed in a certificate of need	30817
application meets all of the applicable certificate of need	30818
criteria for approval under sections 3702.51 to 3702.62 of the	30819
Revised Code and the rules adopted under those sections, the	30820
director shall grant a certificate of need for all or part of the	30821
project that is the subject of the application by the applicable	30822
deadline specified in division (C)(4) of this section or any	30823
extension of it under division (C)(5) of this section.	30824

(2) The director's grant of a certificate of need does not	30825
affect, and sets no precedent for, the director's decision to	30826
grant or deny other applications for similar reviewable activities	30827
~~proposed to be conducted in the same or different health service~~	30828
~~areas~~.	30829

(3) ~~If the director receives written objections to an~~	30830
~~application from any~~Any affected person may submit written	30831
comments regarding an application. The director shall consider all	30832
written comments received by the thirtieth day after mailing the	30833
notice of completeness~~, the director shall notify the applicant~~	30834
~~and assign a hearing examiner to conduct an adjudication hearing~~	30835
~~concerning the application in accordance with Chapter 119. of the~~	30836
~~Revised Code. In~~or, in the case of applications under comparative	30837
review, ~~if the director receives written objections to any of the~~	30838
~~applications from any affected person~~ by the thirtieth day after	30839
the director mails the last notice of completeness~~, the director~~	30840
~~shall notify all of the applicants and appoint a hearing examiner~~	30841
~~to conduct a consolidated adjudication hearing concerning the~~	30842
~~applications in accordance with Chapter 119. of the Revised Code.~~	30843
~~The hearing examiner shall be employed by or under contract with~~	30844
~~the department of health.~~	30845

~~The adjudication hearings may be conducted in the health~~	30846
~~service area in which the reviewable activity is proposed to be~~	30847
~~conducted. Consolidated adjudication hearings for applications in~~	30848
~~comparative review may be conducted in the geographic region in~~	30849
~~which all of the reviewable activities will be conducted. The~~	30850
~~applicant, the director, and the affected persons that filed~~	30851
~~objections to the application shall be parties to the hearing. If~~	30852
~~none of the affected persons that submitted written objections to~~	30853
~~the application appears or prosecutes the hearing, the hearing~~	30854
~~examiner shall dismiss the hearing and the director shall grant a~~	30855
~~certificate of need for all or part of the project that is the~~	30856
~~subject of the application if the proposed project meets all of~~	30857
~~the applicable certificate of need criteria for approval under~~	30858
~~sections 3702.51 to 3702.62 of the Revised Code and the rules~~	30859
~~adopted under those sections. The affected persons bear the burden~~	30860
~~of proving by a preponderance of evidence that the project is not~~	30861
~~needed or that granting the certificate would not be in accordance~~	30862
~~with sections 3702.51 to 3702.62 of the Revised Code or the rules~~	30863
~~adopted under those sections~~.	30864

(4) Except as provided in division (C)(5) of this section,	30865
the director shall grant or deny certificate of need applications	30866
~~for which an adjudication hearing is not conducted under division~~	30867
~~(C)(3) of this section~~ not later than sixty days after mailing the	30868
notice of completeness ~~or, in the case of an application proposing~~	30869
~~addition of long-term care beds, not later than sixty days after~~	30870
~~such other time as is specified in rules adopted under section~~	30871
~~3702.57 of the Revised Code. Except as provided in division (C)(5)~~	30872
~~of this section, the director shall grant or deny certificate of~~	30873
~~need applications for which an adjudication hearing is conducted~~	30874
~~under division (C)(3) of this section not later than thirty days~~	30875
~~after the expiration of the time for filing objections to the~~	30876
~~report and recommendation of the hearing examiner under section~~	30877
~~119.09 of the Revised Code. The director shall base decisions~~	30878
~~concerning applications for which an adjudication hearing is~~	30879
~~conducted under division (C)(3) of this section on the report and~~	30880
~~recommendations of the hearing examiner~~.	30881

(5) Except as otherwise provided in division (C)(6) of this	30882
section, the director or the applicant may extend the deadline	30883
prescribed in division (C)(4) of this section once, for no longer	30884
than thirty days, by written notice before the end of the deadline	30885
prescribed by division (C)(4) of this section. An extension by the	30886
director under division (C)(5) of this section shall apply to all	30887
applications that are in comparative review.	30888

(6) No applicant in a comparative review may extend the	30889
deadline specified in division (C)(4) of this section.	30890

(7) If the director does not grant or deny the certificate by	30891
the applicable deadline specified in division (C)(4) of this	30892
section or any extension of it under division (C)(5) of this	30893
section, the certificate shall be considered to have been granted.	30894

(8) In granting a certificate of need, the director shall	30895
specify as the maximum capital expenditure the certificate holder	30896
may obligate under the certificate a figure equal to one hundred	30897
ten per cent of the approved project cost.	30898

(9) In granting a certificate of need, the director may grant	30899
the certificate with conditions that must be met by the holder of	30900
the certificate.	30901

(D) When a certificate of need is granted for a project under	30902
which beds are to be relocated, upon completion of the project for	30903
which the certificate of need was granted a number of beds equal	30904
to the number of beds relocated shall cease to be operated in the	30905
long-term care facility from which they are relocated, except that	30906
the beds may continue to be operated for not more than fifteen	30907
days to allow relocation of residents to the facility to which the	30908
beds have been relocated. Notwithstanding section 3721.03 of the	30909
Revised Code, if the relocated beds are in a home licensed under	30910
Chapter 3721. of the Revised Code, the facility's license is	30911
automatically reduced by the number of beds relocated effective	30912
fifteen days after the beds are relocated. If the beds are in a	30913
facility that is certified as a skilled nursing facility or	30914
nursing facility under Title XVIII or XIX of the "Social Security	30915
Act," the certification for the beds shall be surrendered. If the	30916
beds are registered under section 3701.07 of the Revised Code as	30917
skilled nursing beds or long-term care beds, the director shall	30918
remove the beds from registration not later than fifteen days	30919
after the beds are relocated.	30920

(E) The director shall monitor the activities of persons	30921
granted certificates of need during the period beginning with the	30922
granting of the certificate of need and ending five years after	30923
implementation of the activity for which the certificate was	30924
granted.	30925

~~(E)~~(F) When reviewing applications for certificates of need,	30926
considering appeals under section 3702.60 of the Revised Code, or	30927
monitoring activities of persons granted certificates of need, the	30928
director may issue and enforce, in the manner provided in section	30929
119.09 of the Revised Code, subpoenas and subpoenas duces tecum to	30930
compel ~~the production of~~a person to testify and produce documents	30931
relevant to review of the application, consideration of the	30932
appeal, or monitoring of the activities. In addition, the director	30933
or the director's designee~~, which may include a health service~~	30934
~~agency,~~ may visit the sites where the activities are or will be	30935
conducted.	30936

~~(F)~~(G) The director may withdraw certificates of need.

30937

~~(G) The director shall conduct, on a regular basis, health~~	30938
~~system data collection and analysis activities and prepare~~	30939
~~reports. The director shall make recommendations based upon these~~	30940
~~activities to the public health council concerning the adoption of~~	30941
~~appropriate rules under section 3702.57 of the Revised Code.~~(H)	30942
All ~~health~~long-term care facilities ~~and other health care~~	30943
~~providers~~ shall submit to the director, upon request, any	30944
information prescribed by rules adopted under division (H) of	30945
section 3702.57 of the Revised Code that is necessary to conduct	30946
reviews of certificate of need applications and to develop	30947
~~recommendations for~~ criteria for reviews~~, and that is prescribed~~	30948
~~by rules adopted under division (H) of section 3702.57 of the~~	30949
~~Revised Code~~.	30950

~~(H)~~(I) Any decision to grant or deny a certificate of need	30951
shall consider the special needs and circumstances resulting from	30952
moral and ethical values and the free exercise of religious rights	30953
of ~~health~~long-term care facilities administered by religious	30954
organizations, and the special needs and circumstances of inner	30955
city and rural communities.	30956

~~Sec. 3702.522.~~ Sec. 3702.521. (A) Reviews of applications for	30957
certificates of need to recategorize hospital beds to skilled	30958
nursing beds shall be conducted in accordance with this division	30959
and rules adopted by the ~~public~~director of health ~~council~~.	30960

(1) No hospital recategorizing beds shall apply for a	30961
certificate of need for more than twenty skilled nursing beds.	30962

(2) No beds for which a certificate of need is requested	30963
under this division shall be reviewed under or counted in any	30964
formula developed under ~~public health council~~ rules adopted by the	30965
director for the purpose of determining the number of long-term	30966
care beds that may be needed within the state.	30967

(3) No beds shall be approved under this division unless the	30968
hospital certifies and demonstrates in the application that the	30969
beds will be dedicated to patients with a length of stay of no	30970
more than thirty days.	30971

(4) No beds shall be approved under this division unless the	30972
hospital can satisfactorily demonstrate in the application that it	30973
is routinely unable to place the patients planned for the beds in	30974
accessible skilled nursing facilities.	30975

(5) In developing rules to implement this division, the	30976
~~public health council~~director shall give special attention to the	30977
required documentation of the need for such beds, including the	30978
efforts made by the hospital to place patients in suitable skilled	30979
nursing facilities, and special attention to the appropriate size	30980
of units with such beds given the historical pattern of the	30981
applicant hospital's documented difficulty in placing skilled	30982
nursing patients.	30983

(B) ~~To assist the director of health~~For assistance in	30984
monitoring the use of hospital beds recategorized as skilled	30985
nursing beds after August 5, 1989, the ~~public health council~~	30986
director shall adopt rules specifying appropriate quarterly	30987
procedures for reporting to the department of health.	30988

(C) A patient may stay in a hospital bed that, after August	30989
5, 1989, has been recategorized as a skilled nursing bed for more	30990
than thirty days if the hospital is able to demonstrate that it	30991
made a good faith effort to place the patient in an accessible	30992
skilled nursing facility acceptable to the patient within the	30993
thirty-day period, but was unable to do so.	30994

(D) No hospital bed recategorized after August 5, 1989, as a	30995
skilled nursing bed shall be covered by a provider agreement under	30996
the medical assistance program established under Chapter 5111. of	30997
the Revised Code.	30998

(E) Nothing in this section requires a hospital to place a	30999
patient in any nursing home if the patient does not wish to be	31000
placed in the nursing home. Nothing in this section limits the	31001
ability of a hospital to file a certificate of need application	31002
for the addition of long-term care beds that meet the definition	31003
of "home" in section 3721.01 of the Revised Code. Nothing in this	31004
section limits the ability of the director to grant certificates	31005
of need necessary for hospitals to engage in demonstration	31006
projects authorized by the federal government for the purpose of	31007
enhancing long-term quality of care and cost containment. Nothing	31008
in this section limits the ability of hospitals to develop swing	31009
bed programs in accordance with federal regulations.	31010

No hospital that is granted a certificate of need after	31011
August 5, 1989, to recategorize hospital beds as skilled nursing	31012
beds is subject to sections 3721.01 to 3721.09 of the Revised	31013
Code. If the portion of the hospital in which the recategorized	31014
beds are located is certified as a skilled nursing facility under	31015
Title XVIII of the "Social Security Act," 49 Stat. 620 (1935), 42	31016
U.S.C.A. 301, as amended, that portion of the hospital is subject	31017
to sections 3721.10 to 3721.17 and sections 3721.21 to 3721.34 of	31018
the Revised Code. If the beds are registered pursuant to section	31019
3701.07 of the Revised Code as long-term care beds, the beds are	31020
subject to sections 3721.50 to 3721.58 of the Revised Code.	31021

~~(F) The public health council shall adopt rules authorizing~~	31022
~~the creation of one or more nursing home placement clearinghouses.~~	31023
~~Any public or private agency or facility may apply to the~~	31024
~~department of health to serve as a nursing home placement~~	31025
~~clearinghouse, and the rules shall provide the procedure for~~	31026
~~application and process for designation of clearinghouses.~~	31027

~~The department may approve one or more clearinghouses, but in~~	31028
~~no event shall there be more than one nursing home placement~~	31029
~~clearinghouse in each county. Any nursing home may list with a~~	31030
~~nursing home placement clearinghouse the services it provides and~~	31031
~~the types of patients it is approved for and equipped to serve.~~	31032
~~The clearinghouse shall make reasonable efforts to update its~~	31033
~~information at least every six months.~~	31034

~~If an appropriate clearinghouse has been designated, each~~	31035
~~hospital granted a certificate of need after August 5, 1989, to~~	31036
~~recategorize hospital beds as skilled nursing beds shall, and any~~	31037
~~other hospital may, utilize the nursing home placement~~	31038
~~clearinghouse prior to admitting a patient to a skilled nursing~~	31039
~~bed within the hospital and prior to keeping a patient in a~~	31040
~~skilled nursing bed within a hospital in excess of thirty days.~~	31041

~~The department shall provide at least annually to all~~	31042
~~hospitals a list of the designated nursing home placement~~	31043
~~clearinghouses.~~	31044

~~Sec. 3702.523.~~ Sec. 3702.522. A person who has an application for	31045
a certificate of need pending with the director of health may	31046
revise the application to change the site of the proposed project	31047
unless either of the following applies:	31048

(A) The director, under section 3702.52 of the Revised Code,	31049
has mailed the applicant a written notice that the application is	31050
complete.	31051

(B) The application is subject to a comparative review under	31052
section 3702.593 of the Revised Code.	31053

The only revision that may be made in the revised application	31054
is the site of the proposed project. The revised site of the	31055
proposed project must be located in the same county as the site of	31056
the proposed project specified in the original application. The	31057
director may not accept a revised application if it includes	31058
revisions other than the site of the proposed project or if the	31059
revised site is located in a different county than the county in	31060
which the site specified in the original application is located.	31061

A revised application shall be accompanied by an additional,	31062
~~non-refundable~~nonrefundable fee equal to twenty-five per cent of	31063
the fee charged under section 3702.52 of the Revised Code for the	31064
original application. The additional fee shall be deposited into	31065
the certificate of need fund created under section 3702.52 of the	31066
Revised Code.	31067

On acceptance of a revised application, the director shall	31068
continue to review the application as revised in accordance with	31069
section 3702.52 of the Revised Code to determine whether it is	31070
complete and, if necessary and regardless of whether the director	31071
previously made two requests for additional information, may make	31072
a final written request to the applicant for additional	31073
information not later than thirty days after the date the director	31074
accepts the revised application.	31075

~~Sec. 3702.524.~~ Sec. 3702.523. (A) Except as provided in division	31076
(B) of this section, a certificate of need ~~granted on or after~~	31077
~~April 20, 1995,~~ is not transferable prior to the completion of the	31078
reviewable activity for which it was granted. If any person	31079
holding a certificate of need ~~issued on or after that date~~	31080
transfers the certificate of need to another person before the	31081
reviewable activity is completed, or enters into an agreement that	31082
contemplates the transfer of the certificate of need on the	31083
completion of the reviewable activity, the certificate of need is	31084
void. If the controlling interest in an entity that holds a	31085
certificate of need ~~issued on or after that date~~ is transferred	31086
prior to the completion of the reviewable activity, the	31087
certificate of need is void.	31088

(B) Division (A) of this section does not prohibit the	31089
transfer of a certificate of need ~~issued on or after April 20,~~	31090
~~1995,~~ between affiliated or related persons, as defined in rules	31091
adopted under section 3702.57 of the Revised Code, if the transfer	31092
does not result in a change in the person that holds the ultimate	31093
controlling interest, as defined in the rules, in the certificate	31094
of need.	31095

The transfer of a ~~health~~long-term care facility after the	31096
completion of a reviewable activity for which a certificate of	31097
need was issued ~~on or after April 20, 1995,~~ is not a transfer of	31098
the certificate of need, unless the facility is transferred	31099
pursuant to an agreement entered into prior to the completion of	31100
the reviewable activity.	31101

~~Sec. 3702.525.~~ Sec. 3702.524. (A) Not later than twenty-four	31102
months after the date the director of health mails the notice that	31103
the certificate of need has been granted or, if the grant or	31104
denial of the certificate of need is appealed under section	31105
3702.60 of the Revised Code, not later than twenty-four months	31106
after issuance of an order granting the certificate that is not	31107
subject to further appeal, each person holding a certificate of	31108
need granted ~~on or after April 20, 1995,~~ shall:	31109

(1) If the project for which the certificate of need was	31110
granted primarily involves construction and is to be financed	31111
primarily through external borrowing of funds, secure financial	31112
commitment for the stated purpose of developing the project and	31113
commence construction that continues uninterrupted except for	31114
interruptions or delays that are unavoidable due to reasons beyond	31115
the person's control, including labor strikes, natural disasters,	31116
material shortages, or comparable events;	31117

(2) If the project for which the certificate of need was	31118
granted primarily involves construction and is to be financed	31119
primarily internally, receive formal approval from the holder's	31120
board of directors or trustees or other governing authority to	31121
commit specified funds for implementation of the project and	31122
commence construction that continues uninterrupted except for	31123
interruptions or delays that are unavoidable due to reasons beyond	31124
the person's control, including labor strikes, natural disasters,	31125
material shortages, or comparable events;	31126

(3) ~~If the project for which the certificate of need was~~	31127
~~granted primarily involves acquisition of medical equipment, enter~~	31128
~~into a contract to purchase or lease the equipment and to accept~~	31129
~~the equipment at the site for which the certificate was granted;~~	31130

~~(4)~~ If the project for which the certificate of need was	31131
granted involves no capital expenditure or only minor renovations	31132
to existing structures, provide the ~~health~~long-term care service	31133
~~or activity~~ by the means specified in the approved application for	31134
the certificate;	31135

~~(5)~~(4) If the project for which the certificate of need was	31136
granted primarily involves leasing a building or space that	31137
requires only minor renovations to the existing space, execute a	31138
lease and provide the ~~health~~long-term care service ~~or activity~~ by	31139
the means specified in the approved application for the	31140
certificate;	31141

~~(6)~~(5) If the project for which the certificate of need was	31142
granted primarily involves leasing a building or space that has	31143
not been constructed or requires substantial renovations to	31144
existing space, commence construction for the purpose of	31145
implementing the reviewable activity that continues uninterrupted	31146
except for interruptions or delays that are unavoidable due to	31147
reasons beyond the person's control, including labor strikes,	31148
natural disasters, material shortages, or comparable events.	31149

(B) The twenty-four-month period specified in division (A) of	31150
this section shall not be extended by any means, including the	31151
granting of a subsequent or replacement certificate of need. Each	31152
person holding a certificate of need ~~granted on or after April 20,~~	31153
~~1995,~~ shall provide the director of health documentation of	31154
compliance with that division not later than the earlier of thirty	31155
days after complying with that division or five days after the	31156
twenty-four-month period expires. Not later than the earlier of	31157
fifteen days after receiving the documentation or fifteen days	31158
after the twenty-four-month period expires, the director shall	31159
send by certified mail a notice to the holder of the certificate	31160
of need specifying whether the holder has complied with division	31161
(A) of this section.	31162

(C) ~~Notwithstanding division (B) of this section, the~~	31163
~~twenty-four-month period specified in division (A) of this section~~	31164
~~shall be extended for an additional twenty-four months for any~~	31165
~~certificate of need granted for the purchase and relocation of~~	31166
~~licensed nursing home beds on February 26, 1999.~~	31167

~~(D)~~ A certificate of need ~~granted on or after April 20, 1995,~~	31168
expires, regardless of whether the director sends a notice under	31169
division (B) of this section, if the holder fails to comply with	31170
division (A) ~~or (C)~~ of this section or to provide information	31171
under division (B) of this section as necessary for the director	31172
to determine compliance. The determination by the director that a	31173
certificate of need has expired is final and not appealable under	31174
Chapter 119. of the Revised Code.	31175

~~Sec. 3702.526.~~ Sec. 3702.525. Every six months after complying	31176
with section ~~3702.525~~3702.524 of the Revised Code, the holder of	31177
the certificate of need shall demonstrate to the director of	31178
health, in the form and manner required by rules adopted under	31179
section 3702.57 of the Revised Code, that reasonable progress is	31180
being made toward the completion of the reviewable activity. If	31181
the director determines, in accordance with standards specified in	31182
the rules, that reasonable progress is not being made, hethe	31183
director shall withdraw the certificate of need.	31184

Sec. 3702.526. (A) Except as provided in division (B) of this	31185
section, the director of health shall accept an application for a	31186
replacement certificate of need for an activity described in	31187
division (A)(5) of section 3702.511 of the Revised Code to replace	31188
an approved certificate of need for that activity if all of the	31189
following conditions are met:	31190

(1) The applicant is the same as the applicant for the	31191
approved certificate of need or an affiliated or related person as	31192
described in division (B) of section 3702.523 of the Revised Code.	31193

(2) The source of any long-term care beds to be relocated is	31194
the same as in the approved certificate of need.	31195

(3) The application for the approved certificate of need was	31196
not subject to comparative review under section 3702.593 of the	31197
Revised Code.	31198

(B) The director shall not accept an application for a	31199
replacement certificate that proposes to increase the number of	31200
long-term care beds to be relocated specified in the application	31201
for the approved certificate of need.	31202

(C) For the purpose of determining whether long-term care	31203
beds are from an existing long-term care facility, the director	31204
shall consider the date of filing of the application for a	31205
replacement certificate to be the same as the date of filing of	31206
the original application for the approved certificate of need.	31207

(D) Any long-term care beds that were approved in the	31208
approved certificate of need remain approved in the application	31209
for a replacement certificate.	31210

(E) The applicant shall submit with the application for a	31211
replacement certificate a nonrefundable fee equal to the	31212
application fee for the approved certificate of need.	31213

(F) Upon approval of the application for a replacement	31214
certificate, the original certificate of need is automatically	31215
voided.	31216

Sec. 3702.527. A bed described in division (O)(5) of section	31217
3702.51 of the Revised Code may be converted to a bed described in	31218
division (O)(1), (2), (3), or (4) of that section only as provided	31219
in the certificate of need under which the beds were approved or	31220
its replacement certificate of need.	31221

Sec. 3702.53. (A) No person shall carry out any reviewable	31222
activity unless a certificate of need for such activity has been	31223
granted under sections 3702.51 to 3702.62 of the Revised Code or	31224
the person is exempted by division ~~(S)~~(B) of section ~~3702.51~~	31225
3702.511 or section ~~3702.5210 or~~ 3702.62 of the Revised Code from	31226
the requirement that a certificate of need be obtained. No person	31227
shall carry out any reviewable activity if a certificate of need	31228
authorizing that activity has been withdrawn by the director of	31229
health under section 3702.52 or ~~3702.526~~3702.525 of the Revised	31230
Code. No person shall carry out a reviewable activity if the	31231
certificate of need authorizing that activity is void pursuant to	31232
section ~~3702.524~~3702.523 of the Revised Code or has expired	31233
pursuant to section ~~3702.525~~3702.524 of the Revised Code.	31234

(B) No person shall separate portions of any proposal for any	31235
reviewable activity to evade the requirements of sections 3702.51	31236
to 3702.62 of the Revised Code.	31237

(C) No person granted a certificate of need shall carry out	31238
the reviewable activity authorized by the certificate of need	31239
other than in substantial accordance with the approved application	31240
for the certificate of need.	31241

Sec. 3702.531. The director of health shall evaluate and may	31242
investigate evidence that appears to demonstrate that any person	31243
has violated section 3702.53 of the Revised Code. If the director	31244
elects to conduct an investigation, hethe director shall mail to	31245
the alleged violator by certified mail, return receipt requested,	31246
a notice that an investigation is underway.	31247

When conducting an investigation under this section, the	31248
director may request any relevant information pertaining to the	31249
alleged violation, including the total operating cost of the	31250
activity in question during the period of the alleged violation	31251
and the total capital cost associated with implementation of the	31252
activity. A person shall provide information requested by the	31253
director not later than forty-five days after receiving the	31254
director's request. The director also may issue and enforce, in	31255
the manner provided in Chapter 119. of the Revised Code, subpoenas	31256
duces tecum to compel the production of documents relevant to the	31257
alleged violation. The subpoenas may be served in any manner	31258
authorized by the rules of civil procedure.	31259

The director or ~~his~~the director's designee~~, which may~~	31260
~~include a health service agency,~~ may conduct a site visit to	31261
investigate an alleged violation of section 3702.53 of the Revised	31262
Code.	31263

Each investigation under this section shall be conducted in a	31264
manner that protects patient confidentiality. Names or other	31265
identifying information about any patient shall not be made public	31266
without the written consent of the patient or ~~his~~the patient's	31267
guardian, or, if the patient is a minor, ~~his~~the patient's parent	31268
or guardian.	31269

Sec. 3702.54. Except as provided in section 3702.541 of the	31270
Revised Code, divisions (A) and (B) of this section apply when the	31271
director of health determines that a person has violated section	31272
3702.53 of the Revised Code.	31273

(A) The director shall impose a civil penalty on the person	31274
in an amount equal to the greatest of the following:	31275

(1) Three thousand dollars;

31276

(2) Five per cent of the operating cost of the activity that	31277
constitutes the violation during the period of time it was	31278
conducted in violation of section 3702.53 of the Revised Code;	31279

(3) If a certificate of need was granted, two per cent of the	31280
total approved capital cost associated with implementation of the	31281
activity for which the certificate of need was granted.	31282

In no event, however, shall the penalty exceed two hundred	31283
fifty thousand dollars.	31284

(B)(1) Notwithstanding section 3702.52 of the Revised Code,	31285
the director shall refuse to accept for review any application for	31286
a certificate of need filed by or on behalf of the person, or any	31287
successor to the person or entity related to the person, for a	31288
period of not less than one year and not more than three years	31289
after the director mails the notice of the director's	31290
determination under section 3702.532 of the Revised Code or, if	31291
the determination is appealed under section 3702.60 of the Revised	31292
Code, the issuance of the order upholding the determination that	31293
is not subject to further appeal. In determining the length of	31294
time during which applications will not be accepted, the director	31295
may consider any of the following:	31296

(a) The nature and magnitude of the violation;

31297

(b) The ability of the person to have averted the violation;

31298

(c) Whether the person disclosed the violation to the	31299
director before the director commenced his investigation;	31300

(d) The person's history of compliance with sections 3702.51	31301
to 3702.62 and the rules adopted under section 3702.57 of the	31302
Revised Code;	31303

(e) Any community hardship that may result from refusing to	31304
accept future applications from the person.	31305

(2) Notwithstanding the one-year minimum imposed by division	31306
(B)(1) of this section, the director may establish a period of	31307
less than one year during which the director will refuse to accept	31308
certificate of need applications if, after reviewing all	31309
information available to the director, the director determines and	31310
expressly indicates in the notice mailed under section 3702.532 of	31311
the Revised Code that refusing to accept applications for a longer	31312
period would result in hardship to the community in which the	31313
person provides ~~health~~long-term care services. The director's	31314
finding of community hardship shall not affect the granting or	31315
denial of any future certificate of need application filed by the	31316
person.	31317

Sec. 3702.55. A person that the director of health	31318
determines has violated section 3702.53 of the Revised Code shall	31319
cease conducting the activity that constitutes the violation or	31320
utilizing the ~~equipment or~~ facility resulting from the violation	31321
not later than thirty days after the person receives the notice	31322
mailed under section 3702.532 of the Revised Code or, if the	31323
person appeals the director's determination under section 3702.60	31324
of the Revised Code, thirty days after the person receives an	31325
order upholding the director's determination that is not subject	31326
to further appeal.	31327

If any person determined to have violated section 3702.53 of	31328
the Revised Code fails to cease conducting an activity or using	31329
~~equipment or~~ a facility as required by this section or if the	31330
person continues to seek payment or reimbursement for services	31331
rendered or costs incurred in conducting the activity as	31332
prohibited by section 3702.56 of the Revised Code, in addition to	31333
the penalties imposed under section 3702.54 or 3702.541 of the	31334
Revised Code:	31335

(A) The director of health may refuse to include any beds	31336
involved in the activity in the bed capacity of a hospital for	31337
purposes of registration under section 3701.07 of the Revised	31338
Code;	31339

(B) The director of health may refuse to license, or may	31340
revoke a license or reduce bed capacity previously granted to, a	31341
hospice care program under section 3712.04 of the Revised Code; a	31342
nursing home, ~~rest home~~residential care facility, or home for the	31343
aging under section 3721.02 of the Revised Code; or any beds	31344
within any of those facilities that are involved in the activity;	31345

(C) A political subdivision certified under section 3721.09	31346
of the Revised Code may refuse to license, or may revoke a license	31347
or reduce bed capacity previously granted to, a nursing home, ~~rest~~	31348
~~home~~residential care facility, or home for the aging, or any beds	31349
within any of those facilities that are involved in the activity;	31350

(D) The director of mental health may refuse to license under	31351
section 5119.20 of the Revised Code, or may revoke a license or	31352
reduce bed capacity previously granted to, a hospital receiving	31353
mentally ill persons or beds within such a hospital that are	31354
involved in the activity;	31355

(E) The department of job and family services may refuse to	31356
enter into a provider agreement that includes a facility, beds, or	31357
services that result from the activity.	31358

Sec. 3702.56. No third-party payer or other person or	31359
~~government entity~~ is required to pay, and no person shall seek or	31360
accept payment or reimbursement for, any service rendered or costs	31361
incurred in conducting an activity during the period of time in	31362
which the activity was conducted in violation of section 3702.53	31363
of the Revised Code. Each person that accepts any amount in	31364
violation of this division shall refund that amount on request of	31365
the person ~~or government entity~~ that paid it.	31366

Sec. 3702.57. (A) The ~~public~~director of health ~~council~~	31367
shall adopt rules establishing procedures and criteria for reviews	31368
of applications for certificates of need and issuance, denial, or	31369
withdrawal of certificates.	31370

(1) In adopting rules that establish criteria for reviews of	31371
applications of certificates of need, the ~~council~~director shall	31372
consider the availability of and need for long-term care beds to	31373
provide care and treatment to persons diagnosed as having	31374
traumatic brain injuries and shall prescribe criteria for	31375
reviewing applications that propose to add long-term care beds to	31376
provide care and treatment to persons diagnosed as having	31377
traumatic brain injuries.	31378

(2) The criteria for reviews of applications for certificates	31379
of need shall relate to the need for the reviewable activity and	31380
shall pertain to all of the following matters:	31381

(a) The impact of the reviewable activity on the cost and	31382
quality of ~~health~~long-term care services in the relevant	31383
~~geographic~~service area, including, but not limited, to the	31384
historical and projected utilization of the services to which the	31385
application pertains and the effect of the reviewable activity on	31386
utilization of other providers of similar services;	31387

(b) The quality of the services to be provided as the result	31388
of the activity, as evidenced by the historical performance of the	31389
persons that will be involved in providing the services and by the	31390
provisions that are proposed in the application to ensure quality,	31391
including but not limited to adequate available personnel,	31392
available ancillary and support services, available equipment,	31393
size and configuration of physical plant, and relations with other	31394
providers;	31395

(c) The impact of the reviewable activity on the availability	31396
and accessibility of the type of services proposed in the	31397
application to the population of the relevant ~~geographic~~service	31398
area, and the level of access to the services proposed in the	31399
application that will be provided to medically underserved	31400
individuals such as recipients of public assistance and	31401
individuals who have no health insurance or whose health insurance	31402
is insufficient;	31403

(d) The activity's short- and long-term financial feasibility	31404
and cost-effectiveness, the impact of the activity on the	31405
applicant's costs and charges, and a comparison of the applicant's	31406
costs and charges with those of providers of similar services in	31407
the applicant's proposed service area;	31408

(e) The advantages, disadvantages, and costs of alternatives	31409
to the reviewable activity;	31410

(f) The impact of the activity on all other providers of	31411
similar services in the ~~health service area or other~~ relevant	31412
~~geographic~~service area, including the impact on their	31413
utilization, market share, and financial status;	31414

(g) The historical performance of the applicant and related	31415
or affiliated parties in complying with previously granted	31416
certificates of need and any applicable certification,	31417
accreditation, or licensure requirements;	31418

(h) ~~The relationship of the activity to the current edition~~	31419
~~of the state health resources plan issued under section 3702.521~~	31420
~~of the Revised Code;~~	31421

~~(i)~~ The historical performance of the applicant and related	31422
or affiliated parties in providing cost-effective ~~health~~long-term	31423
care services;	31424

~~(j)~~(i) The special needs and circumstances of the applicant	31425
or population proposed to be served by the proposed project,	31426
including research activities, prevalence of particular diseases,	31427
unusual demographic characteristics, cost-effective contractual	31428
affiliations, and other special circumstances;	31429

~~(k)~~(j) The appropriateness of the zoning status of the	31430
proposed site of the activity;	31431

~~(l)~~(k) The participation by the applicant in research	31432
conducted by the United States food and drug administration or	31433
clinical trials sponsored by the national institutes of health.	31434

(3) The criteria for reviews of applications shall include a	31435
formula for determining each county's long-term care bed need for	31436
purposes of section 3702.593 of the Revised Code and may include	31437
other formulas for determining need for beds.	31438

Any rules prescribing criteria that establish ratios of beds	31439
to population shall specify the bases for establishing the ratios	31440
or mitigating factors or exceptions to the ratios.	31441

(B) The ~~council~~director shall adopt rules specifying all of	31442
the following:	31443

(1) Information that must be provided in applications for	31444
certificates of need;	31445

(2) Procedures for reviewing applications for completeness of	31446
information;	31447

(3) Criteria for determining that the application is	31448
complete.	31449

(C) The ~~council~~director shall adopt rules specifying	31450
requirements that holders of certificates of need must meet in	31451
order for the certificates to remain valid and establishing	31452
definitions and requirements for obligation of capital	31453
expenditures and implementation of projects authorized by	31454
certificates of need.	31455

(D) The ~~council~~director shall adopt rules establishing	31456
criteria and procedures under which the director of health may	31457
withdraw a certificate of need if the holder fails to meet	31458
requirements for continued validity of the certificate.	31459

(E) The ~~council~~director shall adopt rules establishing	31460
procedures under which the department of health shall monitor	31461
project implementation activities of holders of certificates of	31462
need. The rules adopted under this division also may establish	31463
procedures for monitoring implementation activities of persons	31464
that have received nonreviewability rulings.	31465

(F) The ~~council~~director shall adopt rules establishing	31466
procedures under which the director of health shall review	31467
certificates of need whose holders exceed or appear likely to	31468
exceed an expenditure maximum specified in a certificate.	31469

(G) The ~~council~~director shall adopt rules establishing	31470
certificate of need application fees sufficient to pay the costs	31471
incurred by the department for administering sections 3702.51 to	31472
3702.62 of the Revised Code ~~and to pay health service agencies for~~	31473
~~the functions they perform under division (D)(5) of section~~	31474
~~3702.58 of the Revised Code~~. Unless rules are adopted under this	31475
division establishing different application fees, the application	31476
fee for a project not involving a capital expenditure shall be	31477
three thousand dollars and the application fee for a project	31478
involving a capital expenditure shall be nine-tenths of one per	31479
cent of the capital expenditure proposed subject to a minimum of	31480
three thousand dollars and a maximum of twenty thousand dollars.	31481

(H) The ~~council~~director shall adopt rules specifying	31482
information that is necessary to conduct reviews of certificate of	31483
need applications and to develop ~~recommendations for~~ criteria for	31484
reviews that ~~health~~long-term care facilities ~~and other health~~	31485
~~care providers~~ are to submit to the director under division ~~(G)~~(H)	31486
of section 3702.52 of the Revised Code.	31487

(I) The ~~council~~director shall adopt rules defining	31488
"affiliated person," "related person," and "ultimate controlling	31489
interest" for purposes of section ~~3702.524~~3702.523 of the Revised	31490
Code.	31491

(J) The ~~council~~director shall adopt rules prescribing	31492
requirements for holders of certificates of need to demonstrate to	31493
the director under section ~~3702.526~~3702.525 of the Revised Code	31494
that reasonable progress is being made toward completion of the	31495
reviewable activity and establishing standards by which the	31496
director shall determine whether reasonable progress is being	31497
made.	31498

(K) The ~~public health council~~director shall adopt all rules	31499
under divisions (A) to (J) of this section in accordance with	31500
Chapter 119. of the Revised Code. The ~~council~~director may adopt	31501
other rules as necessary to carry out the purposes of sections	31502
3702.51 to 3702.62 of the Revised Code.	31503

Sec. 3702.59. (A) The director of health shall accept for	31504
review certificate of need applications as provided in sections	31505
3702.592, 3702.593, and 3702.594 of the Revised Code.	31506

(B)(1) The director shall not approve an application for a	31507
certificate of need for the addition of long-term care beds to an	31508
existing ~~health~~long-term care facility or for the development of	31509
a new ~~health~~long-term care facility if any of the following	31510
apply:	31511

(a) The existing ~~health~~long-term care facility in which the	31512
beds are being placed has one or more waivers for life safety code	31513
deficiencies, one or more state fire code violations, or one or	31514
more state building code violations, and the project identified in	31515
the application does not propose to correct all life safety code	31516
deficiencies for which a waiver has been granted, all state fire	31517
code violations, and all state building code violations at the	31518
existing ~~health~~long-term care facility in which the beds are	31519
being placed;	31520

(b) During the sixty-month period preceding the filing of the	31521
application, a notice of proposed license revocation was issued	31522
under section 3721.03 of the Revised Code for the existing ~~health~~	31523
long-term care facility in which the beds are being placed or a	31524
nursing home owned or operated by the applicant or a principal	31525
participant.	31526

(c) During the period that precedes the filing of the	31527
application and is encompassed by the three most recent standard	31528
surveys of the existing ~~health~~long-term care facility in which	31529
the beds are being placed, any of the following occurred:	31530

(i) The facility was cited on three or more separate	31531
occasions for final, nonappealable actual harm but not immediate	31532
jeopardy deficiencies.	31533

(ii) The facility was cited on two or more separate occasions	31534
for final, nonappealable immediate jeopardy deficiencies.	31535

(iii) The facility was cited on two separate occasions for	31536
final, nonappealable actual harm but not immediate jeopardy	31537
deficiencies and on one occasion for a final, nonappealable	31538
immediate jeopardy deficiency.	31539

(d) More than two nursing homes owned or operated in this	31540
state by the applicant or a principal participant or, if the	31541
applicant or a principal participant owns or operates more than	31542
twenty nursing homes in this state, more than ten per cent of	31543
those nursing homes, were each cited during the period that	31544
precedes the filing of the application for the certificate of need	31545
and is encompassed by the three most recent standard surveys of	31546
the nursing homes that were so cited in any of the following	31547
manners:	31548

(i) On three or more separate occasions for final,	31549
nonappealable actual harm but not immediate jeopardy deficiencies;	31550

(ii) On two or more separate occasions for final,	31551
nonappealable immediate jeopardy deficiencies;	31552

(iii) On two separate occasions for final, nonappealable	31553
actual harm but not immediate jeopardy deficiencies and on one	31554
occasion for a final, nonappealable immediate jeopardy deficiency.	31555

(2) In applying divisions (B)(1)(a) to (d) of this section,	31556
the director shall not consider deficiencies or violations cited	31557
before the applicant or a principal participant acquired or began	31558
to own or operate the ~~health~~long-term care facility at which the	31559
deficiencies or violations were cited. The director may disregard	31560
deficiencies and violations cited after the ~~health~~long-term care	31561
facility was acquired or began to be operated by the applicant or	31562
a principal participant if the deficiencies or violations were	31563
attributable to circumstances that arose under the previous owner	31564
or operator and the applicant or principal participant has	31565
implemented measures to alleviate the circumstances. In the case	31566
of an application proposing development of a new ~~health~~long-term	31567
care facility by relocation of beds, the director shall not	31568
consider deficiencies or violations that were solely attributable	31569
to the physical plant of the existing ~~health~~long-term care	31570
facility from which the beds are being relocated.	31571

(C) The director also shall accept for review any application	31572
for the conversion of infirmary beds to long-term care beds if the	31573
infirmary meets all of the following conditions:	31574

(1) Is operated exclusively by a religious order;

31575

(2) Provides care exclusively to members of religious orders	31576
who take vows of celibacy and live by virtue of their vows within	31577
the orders as if related;	31578

(3) Was providing care exclusively to members of such a	31579
religious order on January 1, 1994.	31580

(D) Notwithstanding division (C)(2) of this section, a	31581
facility that has been granted a certificate of need under	31582
division (C) of this section may provide care to any of the	31583
following family members of the individuals described in division	31584
(C)(2) of this section: mothers, fathers, brothers, sisters,	31585
brothers-in-law, sisters-in-law, or children.	31586

The long-term care beds in a facility that have been granted	31587
a certificate of need under division (C) of this section may not	31588
be relocated pursuant to sections 3702.592 to 3702.594 of the	31589
Revised Code.	31590

Sec. 3702.592. (A) The director of health shall accept, for	31591
review under section 3702.52 of the Revised Code, certificate of	31592
need applications for any of the following purposes if the	31593
proposed increase in beds is attributable ~~solely~~ to a replacement	31594
or relocation of existing beds from an existing ~~health~~long-term	31595
care facility within the same county:	31596

(1) Approval of beds in a new ~~health~~long-term care facility	31597
or an increase of beds in an existing ~~health~~long-term care	31598
facility if the beds are proposed to be licensed as nursing home	31599
beds under Chapter 3721. of the Revised Code;	31600

(2) Approval of beds in a new county home or new county	31601
nursing home, or an increase of beds in an existing county home or	31602
existing county nursing home if the beds are proposed to be	31603
certified as skilled nursing facility beds under the medicare	31604
program, Title XVIII of the "Social Security Act," 49 Stat. 286	31605
(1965), 42 U.S.C. 1395, as amended, or nursing facility beds under	31606
the medicaid program, Title XIX of the "Social Security Act," 49	31607
Stat. 286 (1965), 42 U.S.C. 1396, as amended;	31608

(3) An increase of hospital beds registered pursuant to	31609
section 3701.07 of the Revised Code as long-term care beds;	31610

(4) An increase of hospital beds registered pursuant to	31611
section 3701.07 of the Revised Code as special skilled nursing	31612
beds that were originally authorized by and are operated in	31613
accordance with section ~~3702.522~~3702.521 of the Revised Code.	31614

(B) The director shall accept applications described in	31615
division (A) of this section at any time.	31616

Sec. 3702.593. (A) At the times specified in this section,	31617
the director of health shall accept, for review under section	31618
3702.52 of the Revised Code, certificate of need applications for	31619
any of the following purposes if the proposed increase in beds is	31620
attributable solely to relocation of existing beds from an	31621
existing ~~health~~long-term care facility in a county with excess	31622
beds to a ~~health~~long-term care facility in a county in which	31623
there are fewer long-term care beds than the county's bed need:	31624

(1) Approval of beds in a new ~~health~~long-term care facility	31625
or an increase of beds in an existing ~~health~~long-term care	31626
facility if the beds are proposed to be licensed as nursing home	31627
beds under Chapter 3721. of the Revised Code;	31628

(2) Approval of beds in a new county home or new county	31629
nursing home, or an increase of beds in an existing county home or	31630
existing county nursing home if the beds are proposed to be	31631
certified as skilled nursing facility beds under the medicare	31632
program, Title XVIII of the "Social Security Act," 49 Stat. 286	31633
(1965), 42 U.S.C. 1395, as amended, or nursing facility beds under	31634
the medicaid program, Title XIX of the "Social Security Act," 49	31635
Stat. 286 (1965), 42 U.S.C. 1396, as amended;	31636

(3) An increase of hospital beds registered pursuant to	31637
section 3701.07 of the Revised Code as long-term care beds.	31638

(B) For the purpose of implementing this section, the	31639
director shall do all of the following:	31640

(1) ~~Determine~~Not later than April 1, 2012, and every four	31641
years thereafter, determine the long-term care bed supply for each	31642
county, which shall consist of all of the following:	31643

(a) Nursing home beds licensed under Chapter 3721. of the	31644
Revised Code;	31645

(b) Beds certified as skilled nursing facility beds under the	31646
medicare program or nursing facility beds under the medicaid	31647
program;	31648

(c) Beds in any portion of a hospital that are properly	31649
registered under section 3701.07 of the Revised Code as skilled	31650
nursing beds, long-term care beds, or special skilled nursing	31651
beds;	31652

(d) Beds in a county home or county nursing home that are	31653
certified under section 5155.38 of the Revised Code as having been	31654
in operation on July 1, 1993, and are eligible for licensure as	31655
nursing home beds;	31656

~~(d)~~(e) Beds ~~held as approved long-term care beds under a~~	31657
~~certificate of need approved by the director~~described in division	31658
(O)(5) of section 3702.51 of the Revised Code.	31659

(2) Determine the long-term care bed occupancy rate for the	31660
state at the time the determination is made;	31661

(3) For each county, determine the county's bed need by	31662
identifying the number of long-term care beds that would be needed	31663
in the county in order for the statewide occupancy rate for a	31664
projected population aged sixty-five and older to be ninety per	31665
cent.	31666

In determining each county's bed need, the director shall use	31667
the formula developed in rules adopted under section 3702.57 of	31668
the Revised Code. ~~The director's first determination after the~~	31669
~~effective date of this section shall be made not later than April~~	31670
~~1, 2010. The second determination shall be made not later than~~	31671
~~April 1, 2012. Thereafter, a~~A determination shall be made every	31672
four years. After each determination is made, the director shall	31673
publish the county's bed need on the web site maintained by the	31674
department of health.	31675

(C) The director's consideration of a certificate of need	31676
that would increase the number of beds in a county shall be	31677
consistent with the county's bed need determined under division	31678
(B) of this section except as follows:	31679

(1) If a county's occupancy rate is less than eighty-five per	31680
cent, the county shall be considered to have no need for	31681
additional beds.	31682

(2) Even if a county is determined not to need any additional	31683
long-term care beds, the director may approve an increase in beds	31684
equal to up to ten per cent of the county's bed supply if the	31685
county's occupancy rate is greater than ninety per cent.	31686

(D)(1) ~~Applications made under this section shall be subject~~	31687
~~to comparative review.~~ The review period for the first ~~comparative~~	31688
review process ~~after the effective date of this section~~ shall	31689
begin July 1, 2010, and end June 30, 2012. The next review period	31690
shall begin July 1, 2012, and end June 30, 2016. Thereafter, the	31691
review period for each comparative review process shall begin on	31692
the first day of July following the end of the previous review	31693
period and shall be four years.	31694

(2) Certificate of need applications shall be accepted during	31695
the first month of the review period and reviewed ~~from the first~~	31696
~~day of the review period~~ through the thirtieth day of April of the	31697
following year.	31698

(3) Except for the first review period after ~~the effective~~	31699
~~date of this section~~October 16, 2009, each review period may	31700
consist of two phases. The first phase of the review period shall	31701
be the period during which the director accepts and reviews	31702
certificate of need applications as provided in division (D)(2) of	31703
this section. If the director determines that there will be	31704
acceptance and review of additional certificate of need	31705
applications, the second phase of the review period shall begin on	31706
the first day of July of the third year of the review period. The	31707
second phase shall be limited to acceptance and review of	31708
applications for redistribution of beds made available pursuant to	31709
division ~~(G)(2)~~(I) of this section. During the period between the	31710
first and second phases of the review period, the director shall	31711
act in accordance with division ~~(H)~~(I) of this section.	31712

(E) The director shall consider certificate of need	31713
applications in accordance with all of the following:	31714

(1) The number of beds approved for a county shall include	31715
only beds available for relocation from another county and shall	31716
not exceed the bed need of the receiving county;	31717

(2) The director shall consider the existence of community	31718
resources serving persons who are age sixty-five or older or	31719
disabled that are demonstrably effective in providing alternatives	31720
to long-term care facility placement.	31721

(3) The director shall approve relocation of beds from a	31722
county only if, after the relocation, the number of beds remaining	31723
in the county will exceed the county's bed need by at least one	31724
hundred beds;	31725

(4) The director shall approve relocation of beds from a	31726
~~health~~long-term care facility only if, after the relocation, the	31727
number of beds in the facility's service area is at least equal to	31728
the state bed need rate. For purposes of this division, a	31729
facility's service area shall be either of the following:	31730

(a) The census tract in which the facility is located, if the	31731
facility is located in an area designated by the United States	31732
secretary of health and human services as a health professional	31733
shortage area under the "Public Health Service Act," 88 Stat. 682	31734
(1944), 42 U.S.C. 254(e), as amended;	31735

(b) The area that is within a fifteen-mile radius of the	31736
facility's location, if the facility is not located in a health	31737
professional shortage area.	31738

(F) Applications made under this section are subject to	31739
comparative review if two or more applications are submitted	31740
during the same review period and any of the following applies:	31741

(1) The applications propose to relocate beds from the same	31742
county and the number of beds for which certificates of need are	31743
being requested totals more than the number of beds available in	31744
the county from which the beds are to be relocated.	31745

(2) The applications propose to relocate beds to the same	31746
county and the number of beds for which certificates of need are	31747
being requested totals more than the number of beds needed in the	31748
county to which the beds are to be relocated.	31749

(3) The applications propose to relocate beds from the same	31750
service area and the number of beds left in the service area from	31751
which the beds are being relocated would be less than the state	31752
bed need rate determined by the director.	31753

(G) In determining which applicants should receive preference	31754
in the comparative review process, the director shall consider all	31755
of the following as weighted priorities:	31756

(1) Whether the beds will be part of a continuing care	31757
retirement community;	31758

(2) Whether the beds will serve an underserved population,	31759
such as low-income individuals, individuals with disabilities, or	31760
individuals who are members of racial or ethnic minority groups;	31761

(3) Whether the project in which the beds will be included	31762
will provide alternatives to institutional care, such as adult	31763
day-care, home health care, respite or hospice care, mobile meals,	31764
residential care, independent living, or congregate living	31765
services;	31766

(4) Whether the ~~health~~long-term care facility's owner or	31767
operator will participate in medicaid waiver programs for	31768
alternatives to institutional care;	31769

(5) Whether the project in which the beds will be included	31770
will reduce alternatives to institutional care by converting	31771
residential care beds or other alternative care beds to long-term	31772
care beds;	31773

(6) Whether the facility in which the beds will be placed has	31774
positive resident and family satisfaction surveys;	31775

(7) Whether the facility in which the beds will be placed has	31776
fewer than fifty long-term care beds;	31777

(8) Whether the ~~health~~long-term care facility in which the	31778
beds will be placed is located within the service area of a	31779
hospital and is designed to accept patients for rehabilitation	31780
after an in-patient hospital stay;	31781

(9) Whether the ~~health~~long-term care facility in which the	31782
beds will be placed is or proposes to become a nurse aide training	31783
and testing site;	31784

(10) The rating, under the centers for medicare and medicaid	31785
services' five star nursing home quality rating system, of the	31786
~~health~~long-term care facility in which the beds will be placed.	31787

~~(G)(1) When a certificate of need application is approved~~	31788
~~during the initial phase of a four-year review period, on~~	31789
~~completion of the project under which the beds are relocated, that~~	31790
~~number of beds shall cease to be operated in the health care~~	31791
~~facility from which they were relocated and, if the licensure or~~	31792
~~certification of those beds cannot be or is not transferred to the~~	31793
~~facility to which the beds are relocated, the licensure or~~	31794
~~certification shall be surrendered.~~	31795

~~(2) In~~(H) A person who has submitted an application under	31796
this section that is not subject to comparative review may revise	31797
the site of the proposed project pursuant to section 3702.522 of	31798
the Revised Code.	31799

(I) When a certificate of need application is approved during	31800
the initial phase of a four-year review period, in addition to the	31801
actions required by division ~~(G)(1)~~(D) of ~~this~~ section 3702.52 of	31802
the Revised Code, the ~~health~~long-term care facility from which	31803
the beds were relocated shall reduce the number of beds operated	31804
in the facility by a number of beds equal to at least ten per cent	31805
of the number of beds relocated ~~and shall surrender the licensure~~	31806
~~or certification of those beds~~. If these beds are in a home	31807
licensed under Chapter 3721. of the Revised Code, the long-term	31808
care facility shall have the beds removed from the license. If the	31809
beds are in a facility that is certified as a skilled nursing	31810
facility or nursing facility under Title XVIII or XIX of the	31811
"Social Security Act," the facility shall surrender the	31812
certification of these beds. If the beds are registered as skilled	31813
nursing beds or long-term care beds under section 3701.07 of the	31814
Revised Code, the long-term care facility shall surrender the	31815
registration for these beds. This reduction shall be made not	31816
later than the completion date of the project for which the beds	31817
were relocated.	31818

~~(H)~~(J)(1) Once approval of certificate of need applications	31819
in the first phase of a four-year review period is complete, the	31820
director shall make a new determination of the bed need for each	31821
county by reducing the county's bed need by the number of beds	31822
approved for relocation to the county. The new bed-need	31823
determination shall be made not later than the first day of April	31824
of the third year of the review period.	31825

(2) The director may publish on the department's web site the	31826
remaining bed need for counties that will be considered for	31827
redistribution of beds that, in accordance with division ~~(G)(2)~~(I)	31828
of this section, have ceased or will cease to be operated. The	31829
director shall base the determination of whether to include a	31830
county on all of the following:	31831

(a) The statewide number of beds that, in accordance with	31832
division ~~(G)(2)~~(I) of this section, have ceased or will cease to	31833
be operated;	31834

(b) The county's remaining bed need;

31835

31836

~~(I)~~(K) If the director publishes the remaining bed need for a	31837
county under division ~~(H)~~(J)(2) of this section, the director may,	31838
beginning on the first day of the second phase of the review	31839
period, accept certificate of need applications for redistribution	31840
to ~~health~~long-term care facilities in that county of beds that	31841
have ceased or will cease operation in accordance with division	31842
~~(G)(2)~~(I) of this section. The total number of beds approved for	31843
redistribution in the second phase of a review period shall not	31844
exceed the number that have ceased or will cease operation in	31845
accordance with division ~~(G)(2)~~(I) of this section. Beds that are	31846
not approved for redistribution during the second phase of a	31847
review period shall not be available for redistribution at any	31848
future time.	31849

Sec. 3702.594. (A) The director of health shall accept, for	31850
review under section 3702.52 of the Revised Code, certificate of	31851
need applications for an increase in beds in an existing nursing	31852
home if all of the following conditions are met:	31853

(1) The proposed increase is attributable solely to a	31854
relocation of licensed nursing home beds from an existing nursing	31855
home to another existing nursing home located in a county that is	31856
contiguous to the county from which the beds are to be relocated;	31857

(2) Not more than a total of thirty nursing home beds are	31858
proposed for relocation to the same existing nursing home	31859
regardless of the number of applications filed. Once the	31860
cumulative total of beds relocated under this section to a nursing	31861
home reaches thirty, no further applications under this section	31862
will be accepted until the period of monitoring specified in	31863
division (E) of section 3702.52 of the Revised Code of the most	31864
recent reviewable activity implemented under this section has	31865
expired;	31866

(3) After the proposed relocation, there will be existing	31867
nursing home beds remaining in the county from which the beds are	31868
relocated;	31869

(4) The beds are proposed to be licensed as nursing home beds	31870
under Chapter 3721. of the Revised Code.	31871

(B) The director shall accept applications described in	31872
division (A) of this section at any time.	31873

Sec. 3702.60. (A) Any affected person may appeal a	31874
reviewability ruling ~~issued on or after April 20, 1995,~~ to the	31875
director of health in accordance with Chapter 119. of the Revised	31876
Code, and the director shall provide an adjudication hearing in	31877
accordance with that chapter. An affected person may appeal the	31878
director's ruling in the adjudication hearing to the tenth	31879
district court of appeals.	31880

(B) The certificate of need applicant or another affected	31881
person may appeal to the director in accordance with Chapter 119.	31882
of the Revised Code a decision issued by the director ~~on or after~~	31883
~~April 20, 1995,~~ to grant or deny a certificate of need application	31884
~~for which an adjudication hearing was not conducted under section~~	31885
~~3702.52 of the Revised Code~~, and the director shall provide an	31886
adjudication hearing in accordance with that chapter. The	31887
certificate of need applicant or other affected person that	31888
appeals the director's decision to grant or deny a certificate of	31889
need application must prove by a preponderance of the evidence	31890
that the director's decision is not in accordance with sections	31891
3702.52 to 3702.62 of the Revised Code or rules adopted under	31892
those sections. The certificate of need applicant or an affected	31893
person that was a party to and participated in an adjudication	31894
hearing conducted under this division ~~or section 3702.52 of the~~	31895
~~Revised Code~~ may appeal to the tenth district court of appeals the	31896
decision issued by the director following the adjudication	31897
hearing. ~~No person may appeal to the director or a court the~~	31898
~~director's granting of a certificate of need prior to June 30,~~	31899
~~1995, under the version of section 3702.52 of the Revised Code in~~	31900
~~effect immediately prior to that date due to failure to submit~~	31901
~~timely written objections, no person may appeal to the director or~~	31902
~~a court the director's granting of a certificate of need under~~	31903
~~division (C)(1) of section 3702.52 of the Revised Code.~~	31904

(C) The certificate of need holder may appeal to the director	31905
in accordance with Chapter 119. of the Revised Code a decision	31906
issued by the director under section 3702.52 or ~~3702.526~~3702.525	31907
of the Revised Code ~~on or after April 20, 1995,~~ to withdraw a	31908
certificate of need, and the director shall provide an	31909
adjudication hearing in accordance with that chapter. The person	31910
may appeal the director's ruling in the adjudication hearing to	31911
the tenth district court of appeals.	31912

(D) Any person determined by the director to have violated	31913
section 3702.53 of the Revised Code may appeal that determination,	31914
or the penalties imposed under section 3702.54 or 3702.541 of the	31915
Revised Code, to the director in accordance with Chapter 119. of	31916
the Revised Code, and the director shall provide an adjudication	31917
hearing in accordance with that chapter. The person may appeal the	31918
director's ruling in the adjudication hearing to the tenth	31919
district court of appeals.	31920

(E) Each person appealing under this section to the director	31921
shall file with the director, not later than thirty days after the	31922
decision, ruling, or determination of the director was mailed, a	31923
notice of appeal designating the decision, ruling, or	31924
determination appealed from.	31925

(F) Each person appealing under this section to the tenth	31926
district court of appeals shall file with the court, not later	31927
than thirty days after the date the director's adjudication order	31928
was mailed, a notice of appeal designating the order appealed	31929
from. The appellant also shall file notice with the director not	31930
later than thirty days after the date the order was mailed.	31931

(1) Not later than thirty days after receipt of the notice of	31932
appeal, the director shall prepare and certify to the court the	31933
complete record of the proceedings out of which the appeal arises.	31934
The expense of preparing and transcribing the record shall be	31935
taxed as part of the costs of the appeal. In the event that the	31936
record or a part thereof is not certified within the time	31937
prescribed by this division, the appellant may apply to the court	31938
for an order that the record be certified.	31939

(2) In hearing the appeal, the court shall consider only the	31940
evidence contained in the record certified to it by the director.	31941
The court may remand the matter to the director for the admission	31942
of additional evidence on a finding that the additional evidence	31943
is material, newly discovered, and could not with reasonable	31944
diligence have been ascertained before the hearing before the	31945
director. Except as otherwise provided by statute, the court shall	31946
give the hearing on the appeal preference over all other civil	31947
matters, irrespective of the position of the proceedings on the	31948
calendar of the court.	31949

(3) The court shall affirm the director's order if it finds,	31950
upon consideration of the entire record and any additional	31951
evidence admitted under division (F)(2) of this section, that the	31952
order is supported by reliable, probative, and substantial	31953
evidence and is in accordance with law. In the absence of such a	31954
finding, it shall reverse, vacate, or modify the order.	31955

(4) If the court determines that the director committed	31956
material procedural error, the court shall remand the matter to	31957
the director for further consideration or action.	31958

(G) The court may award reasonable attorney's fees against	31959
the appellant if it determines that the appeal was frivolous.	31960
Sections 119.092, 119.093, and 2335.39 of the Revised Code do not	31961
apply to adjudication hearings under this section or section	31962
3702.52 of the Revised Code and judicial appeals under this	31963
section.	31964

(H) No person may intervene in an appeal brought under this	31965
section.	31966

Sec. 3702.62. ~~(A) Any action pursuant to section 140.03,~~	31967
~~140.04, 140.05, 307.091, 313.21, 339.01, 339.021, 339.03, 339.06,~~	31968
~~339.08, 339.09, 339.12, 339.14, 513.05, 513.07, 513.08, 513.081,~~	31969
~~513.12, 513.15, 513.17, 513.171, 749.02, 749.03, 749.14, 749.16,~~	31970
~~749.20, 749.25, 749.28, 749.35, 1751.06, or 3707.29 of the Revised~~	31971
~~Code shall be taken in accordance with sections 3702.51 to 3702.61~~	31972
~~of the Revised Code.~~	31973

~~(B) A nursing home certified as an intermediate care facility~~	31974
~~for the mentally retarded under Title XIX of the "Social Security~~	31975
~~Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended, that is~~	31976
~~required to apply for licensure as a residential facility under~~	31977
~~section 5123.19 of the Revised Code is not, with respect to the~~	31978
~~portion of the home certified as an intermediate care facility for~~	31979
~~the mentally retarded, subject to sections~~Sections 3702.51 to	31980
3702.61 of the Revised Code do not apply to any part of long-term	31981
care facility's campus that is certified as an intermediate care	31982
facility for the mentally retarded under Title XIX of the "Social	31983
Security Act," 79 Stat. 343 (1965), 42 U.S.C. 1396 et seq., as	31984
amended.	31985

Sec. 3703.01. (A) Except as otherwise provided in this	31986
section, the division of ~~labor~~industrial compliance in the	31987
department of commerce shall do all of the following:	31988

(1) Inspect all nonresidential buildings within the meaning	31989
of section 3781.06 of the Revised Code;	31990

(2) Condemn all unsanitary or defective plumbing that is	31991
found in connection with those places;	31992

(3) Order changes in plumbing necessary to insure the safety	31993
of the public health.	31994

(B)(1)(a) The division of ~~labor~~industrial compliance, boards	31995
of health of city and general health districts, and county	31996
building departments shall not inspect plumbing or collect fees	31997
for inspecting plumbing in particular types of buildings in any	31998
municipal corporation that is certified by the board of building	31999
standards under section 3781.10 of the Revised Code to exercise	32000
enforcement authority for plumbing in those types of buildings.	32001

(b) The division shall not inspect plumbing or collect fees	32002
for inspecting plumbing in particular types of buildings in any	32003
health district that employs one or more plumbing inspectors	32004
certified pursuant to division (D) of this section to enforce	32005
Chapters 3781. and 3791. of the Revised Code and the rules adopted	32006
pursuant to those chapters relating to plumbing in those types of	32007
buildings.	32008

(c) The division shall not inspect plumbing or collect fees	32009
for inspecting plumbing in particular types of buildings in any	32010
health district where the county building department is authorized	32011
to inspect those types of buildings pursuant to a contract	32012
described in division (C)(1) of this section.	32013

(d) The division shall not inspect plumbing or collect fees	32014
for inspecting plumbing in particular types of buildings in any	32015
health district where the board of health has entered into a	32016
contract with the board of health of another district to conduct	32017
inspections pursuant to division (C)(2) of this section.	32018

(2) No county building department shall inspect plumbing or	32019
collect fees for inspecting plumbing in any type of building in a	32020
health district unless the department is authorized to inspect	32021
that type of building pursuant to a contract described in division	32022
(C)(1) of this section.	32023

(3) No municipal corporation shall inspect plumbing or	32024
collect fees for inspecting plumbing in types of buildings for	32025
which it is not certified by the board of building standards under	32026
section 3781.10 of the Revised Code to exercise enforcement	32027
authority.	32028

(4) No board of health of a health district shall inspect	32029
plumbing or collect fees for inspecting plumbing in types of	32030
buildings for which it does not have a plumbing inspector	32031
certified pursuant to division (D) of this section.	32032

(C)(1) The board of health of a health district may enter	32033
into a contract with a board of county commissioners to authorize	32034
the county building department to inspect plumbing in buildings	32035
within the health district. The contract may designate that the	32036
department inspect either residential or nonresidential buildings,	32037
as those terms are defined in section 3781.06 of the Revised Code,	32038
or both types of buildings, so long as the department employs or	32039
contracts with a plumbing inspector certified pursuant to division	32040
(D) of this section to inspect the types of buildings the contract	32041
designates. The board of health may enter into a contract	32042
regardless of whether the health district employs any certified	32043
plumbing inspectors to enforce Chapters 3781. and 3791. of the	32044
Revised Code.	32045

(2) The board of health of a health district, regardless of	32046
whether it employs any certified plumbing inspectors to enforce	32047
Chapters 3781. and 3791. of the Revised Code, may enter into a	32048
contract with the board of health of another health district to	32049
authorize that board to inspect plumbing in buildings within the	32050
contracting board's district. The contract may designate the	32051
inspection of either residential or nonresidential buildings as	32052
defined in section 3781.06 of the Revised Code, or both types of	32053
buildings, so long as the board that performs the inspections	32054
employs a plumbing inspector certified pursuant to division (D) of	32055
this section to inspect the types of buildings the contract	32056
designates.	32057

(D) The superintendent of ~~labor~~industrial compliance shall	32058
adopt rules prescribing minimum qualifications based on education,	32059
training, experience, or demonstrated ability, that the	32060
superintendent shall use in certifying or recertifying plumbing	32061
inspectors to do plumbing inspections for health districts and	32062
county building departments that are authorized to perform	32063
inspections pursuant to a contract under division (C)(1) of this	32064
section, and for continuing education of plumbing inspectors.	32065
Those minimum qualifications shall be related to the types of	32066
buildings for which a person seeks certification.	32067

(E) The superintendent may enter into reciprocal	32068
registration, licensure, or certification agreements with other	32069
states and other agencies of this state relative to plumbing	32070
inspectors if both of the following apply:	32071

(1) The requirements for registration, licensure, or	32072
certification of plumbing inspectors under the laws of the other	32073
state or laws administered by the other agency are substantially	32074
equal to the requirements the superintendent adopts under division	32075
(D) of this section for certifying plumbing inspectors.	32076

(2) The other state or agency extends similar reciprocity to	32077
persons certified under this chapter.	32078

(F) The superintendent may select and contract with one or	32079
more persons to do all of the following regarding examinations for	32080
certification of plumbing inspectors:	32081

(1) Prepare, administer, score, and maintain the	32082
confidentiality of the examination;	32083

(2) Maintain responsibility for all expenses required to	32084
comply with division (F)(1) of this section;	32085

(3) Charge each applicant a fee for administering the	32086
examination in an amount the superintendent authorizes;	32087

(4) Design the examination for certification of plumbing	32088
inspectors to determine an applicant's competence to inspect	32089
plumbing.	32090

(G) Standards and methods prescribed in local plumbing	32091
regulations shall not be less than those prescribed in Chapters	32092
3781. and 3791. of the Revised Code and the rules adopted pursuant	32093
to those chapters.	32094

(H) Notwithstanding any other provision of this section, the	32095
division shall make a plumbing inspection of any building or other	32096
place that there is reason to believe is in a condition to be a	32097
menace to the public health.	32098

Sec. 3703.03. In the administration of sections 3703.01 to	32099
3703.08 of the Revised Code, the division of ~~labor~~industrial	32100
compliance shall enforce rules governing plumbing adopted by the	32101
board of building standards under authority of sections 3781.10	32102
and 3781.11 of the Revised Code, and register those persons	32103
engaged in or at the plumbing business.	32104

Plans and specifications for all plumbing to be installed in	32105
or for buildings coming within such sections shall be submitted to	32106
and approved by the division before the contract for plumbing is	32107
let.	32108

Sec. 3703.04. The superintendent of ~~labor~~industrial	32109
compliance shall appoint such number of plumbing inspectors as is	32110
required. The inspectors shall be practical plumbers with at least	32111
seven years' experience, and skilled and well-trained in matters	32112
pertaining to sanitary regulations concerning plumbing work.	32113

Sec. 3703.05. Plumbing inspectors employed by the division	32114
of ~~labor~~industrial compliance assigned to the enforcement of	32115
sections 3703.01 to 3703.08 of the Revised Code may, between	32116
sunrise and sunset, enter any building where there is good and	32117
sufficient reason to believe that the sanitary condition of the	32118
premises endangers the public health, for the purpose of making an	32119
inspection to ascertain the condition of the premises.	32120

Sec. 3703.06. When any building is found to be in a sanitary	32121
condition or when changes which are ordered, under authority of	32122
this chapter, in the plumbing, drainage, or ventilation have been	32123
made, and after a thorough inspection and approval by the	32124
superintendent of ~~labor~~industrial compliance, the superintendent	32125
shall issue a certificate, which shall be posted in a conspicuous	32126
place for the benefit of the public at large. Upon notification by	32127
the superintendent, the certificate shall be revoked for any	32128
violation of those sections.	32129

Sec. 3703.07. No plumbing work shall be done in any building	32130
or place coming within the jurisdiction of the division of ~~labor~~	32131
industrial compliance, except in cases of repairs or leaks in	32132
existing plumbing, until a permit has been issued by the division.	32133

Before granting such permit, an application shall be made by	32134
the owner of the property or by the person, firm, or corporation	32135
which is to do the work. The application shall be made on a form	32136
prepared by the division for the purpose, and each application	32137
shall be accompanied by a fee of twenty-seven dollars, and an	32138
additional fee of seven dollars for each trap, vented fixture,	32139
appliance, or device. Each application also shall be accompanied	32140
by a plan approval fee of eighteen dollars for work containing one	32141
through twenty fixtures; thirty-six dollars for work containing	32142
twenty-one through forty fixtures; and fifty-four dollars for work	32143
containing forty-one or more fixtures.	32144

Whenever a reinspection is made necessary by the failure of	32145
the applicant or plumbing contractor to have the work ready for	32146
inspection when so reported, or by reason of faulty or improper	32147
installation, the person shall pay a fee of forty-five dollars for	32148
each reinspection.	32149

All fees collected pursuant to this section shall be paid	32150
into the state treasury to the credit of the ~~labor~~industrial	32151
compliance operating fund created in section 121.084 of the	32152
Revised Code.	32153

The superintendent of ~~labor~~industrial compliance, by rule	32154
adopted in accordance with Chapter 119. of the Revised Code, may	32155
increase the fees required by this section and may establish fees	32156
to pay the costs of the division to fulfill its duties established	32157
by this chapter, including, but not limited to, fees for	32158
administering a program for continuing education for, and	32159
certifying and recertifying plumbing inspectors. The fees shall	32160
bear some reasonable relationship to the cost of administering and	32161
enforcing the provisions of this chapter.	32162

Sec. 3703.08. Any owner, agent, or manager of a building in	32163
which an inspection is made by the division of ~~labor~~industrial	32164
compliance, a board of health of a health district, or a certified	32165
department of building inspection of a municipal corporation or a	32166
county shall have the entire system of drainage and ventilation	32167
repaired, as the division, board of health, or department of	32168
building inspection directs by its order. After due notice to	32169
repair that work is given, the owner, agent, or manager shall	32170
notify the public authority that issued the order when the work is	32171
ready for its inspection. No person shall fail to have the work	32172
ready for inspection at the time specified in the notice.	32173

Sec. 3703.10. All prosecutions and proceedings by the	32174
division of ~~labor~~industrial compliance for the violation of	32175
sections 3703.01 to 3703.08 of the Revised Code, or for the	32176
violation of any of the orders or rules of the division under	32177
those sections, shall be instituted by the superintendent of	32178
~~labor~~industrial compliance. All fines or judgments collected by	32179
the division shall be paid into the state treasury to the credit	32180
of the ~~labor~~industrial compliance operating fund created by	32181
section 121.084 of the Revised Code.	32182

The superintendent, the board of health of a general or city	32183
health district, or any person charged with enforcing the rules of	32184
the division adopted under sections 3703.01 to 3703.08 of the	32185
Revised Code may petition the court of common pleas for injunctive	32186
or other appropriate relief requiring any person violating a rule	32187
adopted or order issued by the superintendent under those sections	32188
to comply with the rule or order. The court of common pleas of the	32189
county in which the offense is alleged to be occurring may grant	32190
injunctive or other appropriate relief.	32191

The superintendent may do all of the following:

32192

(A) Deny an applicant certification as a plumbing inspector;

32193

(B) Suspend or revoke the certification of a plumbing	32194
inspector;	32195

32196

(D) Examine the records and books of any certified plumbing	32197
inspector if the superintendent finds the material to be examined	32198
relevant to a determination described in division (A), (B), or (C)	32199
of this section.	32200

Sec. 3703.21. (A) Within ninety days after September 16,	32201
2004, the superintendent of ~~labor~~industrial compliance shall	32202
appoint a backflow advisory board consisting of not more than ten	32203
members, who shall serve at the pleasure of the superintendent.	32204
The superintendent shall appoint a representative from the	32205
plumbing section of the division of ~~labor~~industrial compliance,	32206
three representatives recommended by the plumbing administrator of	32207
the division of ~~labor~~industrial compliance, a representative of	32208
the drinking water program of the Ohio environmental protection	32209
agency, three representatives recommended by the director of	32210
environmental protection, and not more than two members who are	32211
not employed by the plumbing or water industry.	32212

The board shall advise the superintendent on matters	32213
pertaining to the training and certification of backflow	32214
technicians.	32215

(B) The superintendent shall adopt rules in accordance with	32216
Chapter 119. of the Revised Code to provide for the certification	32217
of backflow technicians. The rules shall establish all of the	32218
following requirements, specifications, and procedures:	32219

(1) Requirements and procedures for the initial certification	32220
of backflow technicians, including eligibility criteria and	32221
application requirements and fees;	32222

(2) Specifications concerning and procedures for taking	32223
examinations required for certification as a backflow technician,	32224
including eligibility criteria to take the examination and	32225
application requirements and fees for taking the examination;	32226

(3) Specifications concerning and procedures for renewing a	32227
certification as a backflow technician, including eligibility	32228
criteria, application requirements, and fees for renewal;	32229

(4) Specifications concerning and procedures for both of the	32230
following:	32231

(a) Approval of training agencies authorized to teach	32232
required courses to candidates for certification as backflow	32233
technicians or continuing education courses to certified backflow	32234
technicians;	32235

(b) Renewal of the approval described in division (B)(4)(a)	32236
of this section.	32237

(5) Education requirements that candidates for initial	32238
certification as backflow technicians must satisfy and continuing	32239
education requirements that certified backflow technicians must	32240
satisfy;	32241

(6) Grounds and procedures for denying, suspending, or	32242
revoking certification, or denying the renewal of certification,	32243
as a backflow technician;	32244

(7) Procedures for issuing administrative orders for the	32245
remedy of any violation of this section or any rule adopted	32246
pursuant to division (B) of this section, including, but not	32247
limited to, procedures for assessing a civil penalty authorized	32248
under division (D) of this section;	32249

(8) Any provision the superintendent determines is necessary	32250
to administer or enforce this section.	32251

(C) No individual shall engage in the installation, testing,	32252
or repair of any isolation backflow prevention device unless that	32253
individual possesses a valid certification as a backflow	32254
technician. This division does not apply with respect to the	32255
installation, testing, or repair of any containment backflow	32256
prevention device.	32257

(D) Whoever violates division (C) of this section or any rule	32258
adopted pursuant to division (B) of this section shall pay a civil	32259
penalty of not more than five thousand dollars for each day that	32260
the violation continues. The superintendent may, by order, assess	32261
a civil penalty under this division, or may request the attorney	32262
general to bring a civil action to impose the civil penalty in the	32263
court of common pleas of the county in which the violation	32264
occurred or where the violator resides.	32265

(E) Any action taken under a rule adopted pursuant to	32266
division (B)(6) of this section is subject to the appeal process	32267
of Chapter 119. of the Revised Code. An administrative order	32268
issued pursuant to rules adopted under division (B)(7) of this	32269
section and an appeal to that type of administrative order shall	32270
be executed in accordance with Chapter 119. of the Revised Code.	32271

(F) As used in this section:

32272

(1) "Isolation backflow prevention device" means a device for	32273
the prevention of the backflow of liquids, solids, or gases that	32274
is regulated by the building code adopted pursuant to section	32275
3781.10 of the Revised Code and rules adopted pursuant to this	32276
section.	32277

(2) "Containment backflow prevention device" means a device	32278
for the prevention of the backflow of liquids, solids, or gases	32279
that is installed by the supplier of, or as a requirement of, any	32280
public water system as defined in division (A) of section 6109.01	32281
of the Revised Code.	32282

Sec. 3703.99. Whoever violates sections 3703.01 to 3703.08	32283
of the Revised Code, or any rule the division of ~~labor~~industrial	32284
compliance is required to enforce under such sections, shall be	32285
fined not less than ten nor more than one hundred dollars or	32286
imprisoned for not less than ten nor more than ninety days, or	32287
both. No person shall be imprisoned under this section for the	32288
first offense, and the prosecution always shall be as for a first	32289
offense unless the affidavit upon which the prosecution is	32290
instituted contains the allegation that the offense is a second or	32291
repeated offense.	32292

Sec. 3704.035. (A) There is hereby created in the state	32293
treasury the Title V clean air fund. Except as otherwise provided	32294
in division (K) of section 3745.11 of the Revised Code, all moneys	32295
collected under ~~divisions (C), (D), (F), (G), (H), (I), and (J)~~	32296
division (B) of that section ~~and under section 3745.111 of the~~	32297
~~Revised Code~~, and any gifts, grants, or contributions received by	32298
the director of environmental protection for the purposes of the	32299
fund, shall be credited to the fund. ~~The director shall expend~~	32300
~~moneys from the fund exclusively to pay the cost of administering~~	32301
~~and enforcing the laws of this state pertaining to the prevention,~~	32302
~~control, and abatement of air pollution and rules adopted and~~	32303
~~terms and conditions of permits, variances, and orders issued~~	32304
~~under those laws, except that the director shall not expend moneys~~	32305
~~credited to the fund for the administration and enforcement of~~	32306
~~motor vehicle inspection and maintenance programs and requirements~~	32307
~~under sections 3704.14, 3704.141, 3704.16, 3704.161, and 3704.162~~	32308
~~of the Revised Code.~~	32309

~~Specifically, the~~The director shall expend all moneys	32310
credited to the fund ~~from fees assessed under section 3745.11 of~~	32311
~~the Revised Code pursuant to the Title V permit program~~	32312
~~established under section 3704.036 of the Revised Code, and from~~	32313
~~any gifts, grants, or contributions received for the purposes of~~	32314
~~that program,~~ solely to administer and enforce ~~that~~the Title V	32315
program pursuant to the federal Clean Air Act, this chapter, and	32316
rules adopted under it, except as costs relating to enforcement	32317
are limited by the federal Clean Air Act. The director shall	32318
establish separate and distinct accounting for all such moneys.	32319

(B) There is hereby created in the state treasury the	32320
non-Title V clean air fund. All money collected under divisions	32321
(D), (F), (G), (H), (I), and (J) of section 3745.11 of the Revised	32322
Code shall be credited to the fund. In addition, any gifts,	32323
grants, or contributions received by the director for the purposes	32324
of the fund shall be credited to the fund.	32325

The director shall expend money in the fund exclusively to	32326
pay the cost of administering and enforcing the laws of this state	32327
pertaining to the prevention, control, and abatement of air	32328
pollution, rules adopted under those laws, and terms and	32329
conditions of permits, variances, and orders issued under those	32330
laws. However, the director shall not expend money credited to the	32331
fund for the administration and enforcement of the Title V permit	32332
program established under this chapter and rules adopted under it	32333
or motor vehicle inspection and maintenance programs established	32334
under sections 3704.14, 3704.141, 3704.16, 3704.161, and 3704.162	32335
of the Revised Code.	32336

(C) The director shall report biennially to the general	32337
assembly the amounts of fees and other moneys credited to the ~~fund~~	32338
funds under this section and the amounts expended from itthem for	32339
each of the various air pollution control programs.	32340

Sec. 3705.24. (A)(1) The ~~public~~director of health ~~council~~	32341
shall, in accordance with section 111.15 of the Revised Code,	32342
adopt rules prescribing fees for the following items or services	32343
provided by the state office of vital statistics:	32344

(a) Except as provided in division (A)(4) of this section:

32345

(i) A certified copy of a vital record or a certification of	32346
birth;	32347

(ii) A search by the office of vital statistics of its files	32348
and records pursuant to a request for information, regardless of	32349
whether a copy of a record is provided;	32350

(iii) A copy of a record provided pursuant to a request.

32351

(b) Replacement of a birth certificate following an adoption,	32352
legitimation, paternity determination or acknowledgement, or court	32353
order;	32354

32355

(d) Amendment of a vital record that is requested later than	32356
one year after the filing date of the vital record;	32357

(e) Any other documents or services for which the ~~public~~	32358
~~health council~~director considers the charging of a fee	32359
appropriate.	32360

(2) Fees prescribed under division (A)(1)(a) of this section	32361
shall not be less than twelve dollars.	32362

(3) Fees prescribed under division (A)(1) of this section	32363
shall be collected in addition to any fees required by sections	32364
3109.14 and 3705.242 of the Revised Code.	32365

(4) Fees prescribed under division (A) of this section shall	32366
not apply to certifications issued under division (H) of this	32367
section or copies provided under section 3705.241 of the Revised	32368
Code.	32369

(B) In addition to the fees prescribed under division (A) of	32370
this section or section 3709.09 of the Revised Code, the office of	32371
vital statistics, the board of health of a city or general health	32372
district, or a local registrar of vital statistics who is not a	32373
salaried employee of a city or general health district shall	32374
charge a five-dollar fee for each certified copy of a vital record	32375
and each certification of birth. This fee shall be deposited in	32376
the general operations fund created under section 3701.83 of the	32377
Revised Code and be used to support the operations, the	32378
modernization, and the automation of the vital records program in	32379
this state. A board of health or a local registrar shall forward	32380
all fees collected under this division to the department of health	32381
not later than thirty days after the end of each calendar quarter.	32382

(C) Except as otherwise provided in division (H) of this	32383
section, and except as provided in section 3705.241 of the Revised	32384
Code, fees collected by the director of health under sections	32385
3705.01 to 3705.29 of the Revised Code shall be paid into the	32386
state treasury to the credit of the general operations fund	32387
created by section 3701.83 of the Revised Code. Except as provided	32388
in division (B) or (I) of this section, money generated by the	32389
fees shall be used only for administration and enforcement of this	32390
chapter and the rules adopted under it. Amounts submitted to the	32391
department of health for copies of vital records or services in	32392
excess of the fees imposed by this section shall be dealt with as	32393
follows:	32394

(1) An overpayment of two dollars or less shall be retained	32395
by the department and deposited in the state treasury to the	32396
credit of the general operations fund created by section 3701.83	32397
of the Revised Code.	32398

(2) An overpayment in excess of two dollars shall be returned	32399
to the person who made the overpayment.	32400

(D) If a local registrar is a salaried employee of a city or	32401
a general health district, any fees the local registrar receives	32402
pursuant to section 3705.23 of the Revised Code shall be paid into	32403
the general fund of the city or the health fund of the general	32404
health district.	32405

Each local registrar of vital statistics, or each health	32406
district where the local registrar is a salaried employee of the	32407
district, shall be entitled to a fee for each birth, fetal death,	32408
death, or military service certificate properly and completely	32409
made out and registered with the local registrar or district and	32410
correctly copied and forwarded to the office of vital statistics	32411
in accordance with the population of the primary registration	32412
district at the last federal census. The fee for each birth, fetal	32413
death, death, or military service certificate shall be:	32414

(1) In primary registration districts of over two hundred	32415
fifty thousand, twenty cents;	32416

(2) In primary registration districts of over one hundred	32417
twenty-five thousand and less than two hundred fifty thousand,	32418
sixty cents;	32419

(3) In primary registration districts of over fifty thousand	32420
and less than one hundred twenty-five thousand, eighty cents;	32421

(4) In primary registration districts of less than fifty	32422
thousand, one dollar.	32423

(E) The director of health shall annually certify to the	32424
county treasurers of the several counties the number of birth,	32425
fetal death, death, and military service certificates registered	32426
from their respective counties with the names of the local	32427
registrars and the amounts due each registrar and health district	32428
at the rates fixed in this section. Such amounts shall be paid by	32429
the treasurer of the county in which the registration districts	32430
are located. No fees shall be charged or collected by registrars	32431
except as provided by this chapter and section 3109.14 of the	32432
Revised Code.	32433

(F) A probate judge shall be paid a fee of fifteen cents for	32434
each certified abstract of marriage prepared and forwarded by the	32435
probate judge to the department of health pursuant to section	32436
3705.21 of the Revised Code. The fee shall be in addition to the	32437
fee paid for a marriage license and shall be paid by the	32438
applicants for the license.	32439

(G) The clerk of a court of common pleas shall be paid a fee	32440
of one dollar for each certificate of divorce, dissolution, and	32441
annulment of marriage prepared and forwarded by the clerk to the	32442
department pursuant to section 3705.21 of the Revised Code. The	32443
fee for the certified abstract of divorce, dissolution, or	32444
annulment of marriage shall be added to the court costs allowed in	32445
these cases.	32446

(H) The fee for an heirloom certification of birth issued	32447
pursuant to division (B)(2) of section 3705.23 of the Revised Code	32448
shall be an amount prescribed by rule by the director of health	32449
plus any fee required by section 3109.14 of the Revised Code. In	32450
setting the amount of the fee, the director shall establish a	32451
surcharge in addition to an amount necessary to offset the expense	32452
of processing heirloom certifications of birth. The fee prescribed	32453
by the director of health pursuant to this division shall be	32454
deposited into the state treasury to the credit of the heirloom	32455
certification of birth fund which is hereby created. Money	32456
credited to the fund shall be used by the office of vital	32457
statistics to offset the expense of processing heirloom	32458
certifications of birth. However, the money collected for the	32459
surcharge, subject to the approval of the controlling board, shall	32460
be used for the purposes specified by the family and children	32461
first council pursuant to section 121.37 of the Revised Code.	32462

(I)(1) Four dollars of each fee collected by the board of	32463
health of a city or general health district for a certified copy	32464
of a vital record or a certification of birth shall be transferred	32465
to the office of vital statistics not later than thirty days after	32466
the end of each calendar quarter. The amount collected shall be	32467
used to support public health systems. Of each four dollars	32468
collected, one dollar shall be used by the director of health to	32469
pay subsidies to boards of health. The subsidies shall be	32470
distributed in accordance with the same formula established under	32471
section 3701.342 of the Revised Code for the distribution of state	32472
health district subsidy funds to boards of health and local health	32473
departments.	32474

(2) Four dollars of each fee collected by a local registrar	32475
of vital statistics who is not a salaried employee of a city or	32476
general health district, for a certified copy of a vital record or	32477
certification of birth, shall be transferred to the office of	32478
vital statistics not later than thirty days after the end of each	32479
calendar quarter. The amount collected shall be used to support	32480
public health systems.	32481

Sec. 3705.242. (A)(1) The director of health, a person	32482
authorized by the director, a local commissioner of health, or a	32483
local registrar of vital statistics shall charge and collect a fee	32484
of one dollar and fifty cents for each certified copy of a birth	32485
record, each certification of birth, and each copy of a death	32486
record. The fee is in addition to the fee imposed by section	32487
3705.24 or any other section of the Revised Code. A local	32488
commissioner of health or local registrar of vital statistics may	32489
retain an amount of each additional fee collected, not to exceed	32490
three per cent of the amount of the additional fee, to be used for	32491
costs directly related to the collection of the fee and the	32492
forwarding of the fee to the ~~treasurer of state~~department of	32493
health. ~~The~~	32494

The additional fees collected by the director of health or a	32495
person authorized by the director and the additional fees	32496
collected, but not retained~~, under division (A)(1) of this section~~	32497
by a local commissioner of health or a local registrar of vital	32498
statistics shall be forwarded to the ~~treasurer of state~~department	32499
of health not later than thirty days following the end of each	32500
quarter. Not later than two days after the fees are forwarded to	32501
the department each quarter, the department shall pay the	32502
collected fees to the treasurer of state in accordance with rules	32503
adopted by the treasurer of state under section 113.08 of the	32504
Revised Code.	32505

(2) On the filing of a divorce decree under section 3105.10	32506
or a decree of dissolution under section 3105.65 of the Revised	32507
Code, a court of common pleas shall charge and collect a fee of	32508
five dollars and fifty cents. The fee is in addition to any other	32509
court costs or fees. The county clerk of courts may retain an	32510
amount of each additional fee collected, not to exceed three per	32511
cent of the amount of the additional fee, to be used for costs	32512
directly related to the collection of the fee and the forwarding	32513
of the fee to the treasurer of state. The additional fees	32514
collected, but not retained, under division (A)(2) of this section	32515
shall be forwarded to the treasurer of state not later than twenty	32516
days following the end of each month.	32517

(B) The treasurer of state shall deposit the fees paid or	32518
forwarded under this section in the state treasury to the credit	32519
of the family violence prevention fund, which is hereby created. A	32520
person or government entity that fails to pay or forward the fees	32521
in a timely manner, as determined by the treasurer of state, shall	32522
~~forward~~send to the treasurer of state, in addition to the fees, a	32523
penalty equal to ten per cent of the fees.	32524

The treasurer of state shall invest the moneys in the fund.	32525
All earnings resulting from investment of the fund shall be	32526
credited to the fund, except that actual administration costs	32527
incurred by the treasurer of state in administering the fund may	32528
be deducted from the earnings resulting from investments. The	32529
amount that may be deducted shall not exceed three per cent of the	32530
total amount of fees credited to the fund in each fiscal year. The	32531
balance of the investment earnings shall be credited to the fund.	32532

(C) The director of public safety shall use money credited to	32533
the fund to provide grants to family violence shelters in Ohio and	32534
to operate the division of criminal justice services.	32535

Sec. 3705.30. (A) As used in this section:

32536

(1) "Freestanding birthing center" has the same meaning as in	32537
section ~~3702.51~~3702.141 of the Revised Code.	32538

(2) "Hospital" means a hospital classified under section	32539
3701.07 of the Revised Code as a general hospital or children's	32540
hospital.	32541

(3) "Physician" means an individual authorized under Chapter	32542
4731. of the Revised Code to practice medicine and surgery or	32543
osteopathic medicine and surgery.	32544

(B) The director of health shall establish and, if funds for	32545
this purpose are available, implement a statewide birth defects	32546
information system for the collection of information concerning	32547
congenital anomalies, stillbirths, and abnormal conditions of	32548
newborns.	32549

(C) If the system is implemented under division (B) of this	32550
section, all of the following apply:	32551

(1) The director may require each physician, hospital, and	32552
freestanding birthing center to report to the system information	32553
concerning all patients under five years of age with a primary	32554
diagnosis of a congenital anomaly or abnormal condition. The	32555
director shall not require a hospital, freestanding birthing	32556
center, or physician to report to the system any information that	32557
is reported to the director or department of health under another	32558
provision of the Revised Code or Administrative Code.	32559

(2) On request, each physician, hospital, and freestanding	32560
birthing center shall give the director or authorized employees of	32561
the department of health access to the medical records of any	32562
patient described in division (C)(1) of this section. The	32563
department shall pay the costs of copying any medical records	32564
pursuant to this division.	32565

(3) The director may review vital statistics records and	32566
shall consider expanding the list of congenital anomalies and	32567
abnormal conditions of newborns reported on birth certificates	32568
pursuant to section 3705.08 of the Revised Code.	32569

(D) A physician, hospital, or freestanding birthing center	32570
that provides information to the system under division (C) of this	32571
section shall not be subject to criminal or civil liability for	32572
providing the information.	32573

Sec. 3706.19. (A) There is hereby created in the Ohio air	32574
quality development authority the office of ~~ombudsman~~ombudsperson	32575
for the small business stationary source technical and	32576
environmental compliance assistance program created under section	32577
3704.18 of the Revised Code. The office shall exercise its duties	32578
independently of any other state agency.	32579

(B) ~~Not later than one year after the effective date of this~~	32580
~~section, the~~The governor, with the advice and consent of the	32581
senate, shall appoint the ~~initial ombudsman~~ombudsperson. The	32582
~~ombudsman~~ombudsperson shall serve for a term of four years. The	32583
person who is appointed to serve as the ~~ombudsman~~ombudsperson	32584
shall be experienced in management and in working with private	32585
enterprise and government entities, knowledgeable in the areas of	32586
arbitration and negotiation, experienced in interpreting statutory	32587
and regulatory law, and knowledgeable in investigation techniques	32588
and procedures, recordkeeping, and report writing. The ~~ombudsman~~	32589
ombudsperson may be the highest ranking managerial employee of the	32590
authority.	32591

32592

(1) Ensure that the goals of the program are being met;

32593

(2) Conduct independent evaluations of all aspects of the	32594
program;	32595

(3) Review the development and implementation of air	32596
pollution control requirements that have an impact on small	32597
businesses in the state and provide comments and recommendations,	32598
as appropriate, to the environmental protection agency and the	32599
United States environmental protection agency;	32600

(4) Facilitate and promote the participation of small	32601
businesses in the development of rules to be adopted under Chapter	32602
3704. of the Revised Code that affect small businesses;	32603

(5) Aid in the dissemination of information, including air	32604
pollution requirements and control technologies, to small	32605
businesses and other interested persons;	32606

(6) Provide free, confidential assistance on individual	32607
source problems and grievances presented by small businesses;	32608

(7) Aid in investigating and resolving complaints against,	32609
and disputes involving, the agency from small businesses;	32610

(8) Refer small businesses to the appropriate specialist in	32611
the program from whom they may obtain information and assistance	32612
on affordable alternative technologies, process changes, and	32613
products and operational methods to help reduce air pollution and	32614
accidental releases;	32615

(9) Work with trade associations and small businesses to	32616
effect voluntary compliance with the federal Clean Air Act,	32617
Chapter 3704. of the Revised Code, and rules adopted under it;	32618

(10) Work with other states to establish a network for	32619
sharing information on small businesses and their efforts to	32620
comply with the federal Clean Air Act and state and local air	32621
pollution control laws;	32622

(11) Seek public and private funding sources that can	32623
financially assist small businesses that are in need of moneys to	32624
comply with air pollution control laws;	32625

(12) Conduct studies to evaluate the impacts of the federal	32626
Clean Air Act on the state's economy, local economies, and small	32627
businesses.	32628

(D) There is hereby created in the state treasury the small	32629
business ~~ombudsman~~ombudsperson fund, which shall consist of	32630
moneys transferred to it from the Title V clean air fund created	32631
in section 3704.035 of the Revised Code. Moneys in the fund shall	32632
be used exclusively for the purposes of this section.	32633

The director of environmental protection and the executive	32634
director of the authority annually shall determine the amount of	32635
moneys necessary for the operation of the office of the ~~ombudsman~~	32636
ombudsperson. Thereafter, the director shall request the director	32637
of budget and management to, and that director shall, transfer	32638
that amount of moneys from the Title V clean air fund to the small	32639
business ~~ombudsman~~ombudsperson fund.	32640

(E) There is hereby created in the state treasury the small	32641
business assistance fund, which shall consist of moneys credited	32642
to it under division (K) of section 3745.11 of the Revised Code.	32643
The ~~ombudsman~~ombudsperson shall use moneys in the fund solely to	32644
provide financial assistance to small businesses that have one	32645
hundred or fewer employees and that are having financial	32646
difficulty complying with the "Clean Air Act Amendments of 1990,"	32647
104 Stat. 2399, 42 U.S.C.A. 7401, and regulations adopted under	32648
it.	32649

In accordance with Chapter 119. of the Revised Code, the	32650
~~ombudsman~~ombudsperson shall adopt rules establishing procedures	32651
and requirements governing grants awarded under this division.	32652

Sec. 3709.03. (A) There is hereby created in each general	32653
health district a district advisory council. A council shall	32654
consist of the president of the board of county commissioners, the	32655
chief executive of each municipal corporation not constituting a	32656
city health district, and the president of the board of township	32657
trustees of each township. The board of county commissioners, the	32658
legislative body of a municipal corporation, and the board of	32659
township trustees of a township may select an alternate from among	32660
themselves to serve if the president, the chief executive, or the	32661
president of the board of township trustees is unable to attend	32662
any meeting of the district advisory council. When attending a	32663
meeting on behalf of a council member, the alternate may vote on	32664
any matter on which the member is authorized to vote.	32665

The council shall organize by selecting a chair and secretary	32666
from among its members. The council shall adopt bylaws governing	32667
its meetings, the transaction of business, and voting procedures.	32668

The council shall meet annually in March at a place	32669
determined by the chair and the health commissioner for the	32670
purpose of electing the chair and the secretary, making necessary	32671
appointments to the board of health, receiving and considering the	32672
annual or special reports from the board of health, and making	32673
recommendations to the board of health or to the department of	32674
health in regard to matters for the betterment of health and	32675
sanitation within the district or for needed legislation. The	32676
secretary of the council shall notify the district health	32677
commissioner and the director of health of the proceedings of such	32678
meeting.	32679

Special meetings of the council shall be held on the order of	32680
any of the following:	32681

(1) The director of health;

32682

(2) The board of health;

32683

(3) The lesser of five or a majority of district advisory	32684
council members.	32685

The district health commissioner shall attend all meetings of	32686
the council.	32687

(B) The district advisory council shall appoint four members	32688
of the board of health, and the remaining member shall be	32689
appointed by the health district licensing council established	32690
under section 3709.41 of the Revised Code. At least one member of	32691
the board of health shall be a physician. Appointments shall be	32692
made with due regard to equal representation of all parts of the	32693
district.	32694

(C) If at an annual or special meeting at which a member of	32695
the board of health is to be appointed fewer than a majority of	32696
the members of the district council are present, the council, by	32697
the majority vote of council members present, may organize an	32698
executive committee to make the appointment. An executive	32699
committee shall consist of five council members, including the	32700
president of the board of county commissioners, the council chair,	32701
the council secretary, and two additional council members selected	32702
by majority affirmative vote of the council members present at the	32703
meeting. The additional members selected shall include one	32704
representative of municipal corporations in the district that are	32705
not city health districts and one representative of townships in	32706
the district. If an individual is eligible for more than one	32707
position on the executive committee due to holding a particular	32708
office, the individual shall fill one position on the committee	32709
and the other position shall be filled by a member selected by a	32710
majority affirmative vote of the council members present at the	32711
meeting. A council member's alternate for annual meetings may	32712
serve as the member's alternate at meetings of the executive	32713
committee.	32714

Not later than thirty days after an executive committee is	32715
organized, the committee shall meet and the council chair shall	32716
present to the committee the matter of appointing a member of the	32717
board of health. The committee shall appoint the board member by	32718
majority affirmative vote. In the case of a combined health	32719
district, the executive committee shall appoint only members of	32720
the board of health that are to be appointed by the district	32721
advisory council, unless the contract for administration of health	32722
affairs in the combined district provides otherwise. If a majority	32723
affirmative vote is not reached within thirty days after the	32724
executive committee is organized, the director of health shall	32725
appoint the member of the board of health under the authority	32726
conferred by section 3709.03 of the Revised Code.	32727

If the council fails to meet or appoint a member of the board	32728
of health as required by this section or section 3709.02 of the	32729
Revised Code, the director of health~~, with the consent of the~~	32730
~~public health council,~~ may appoint the member.	32731

Sec. 3709.04. If in any general health district the district	32732
advisory council fails to meet or to select a board of health, the	32733
director of health may~~, with the consent of the public health~~	32734
~~council,~~ appoint a board of health for such district which shall	32735
have and exercise all powers conferred on a board of health of a	32736
general health district.	32737

Sec. 3709.06. If any city fails to establish a board of	32738
health under section 3709.05 of the Revised Code, the director of	32739
health~~, with the approval of the public health council,~~ may	32740
appoint a health commissioner for such city, and fix ~~his~~the	32741
commissioner's salary and term of office. Such commissioner shall	32742
have the same powers and perform the duties granted to or imposed	32743
upon a board of health of a city health district, except that	32744
rules, regulations, or orders of a general nature, made by ~~him~~the	32745
commissioner and required to be published, shall be approved by	32746
the director. The salary of such commissioner and all necessary	32747
expenses incurred by ~~him~~the commissioner in performing the duties	32748
of the board shall be paid by and be a valid claim against such	32749
city.	32750

Sec. 3709.085. (A) The board of health of a city or general	32751
health district may enter into a contract with any political	32752
subdivision or other governmental agency to obtain or provide all	32753
or part of any services, including, but not limited to,	32754
enforcement services, for the purposes of Chapter 3704. of the	32755
Revised Code, the rules adopted and orders made pursuant thereto,	32756
or any other ordinances or rules for the prevention, control, and	32757
abatement of air pollution.	32758

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

32759

(a) "Semipublic disposal system" means a disposal system that	32760
treats the sanitary sewage discharged from publicly or privately	32761
owned buildings or places of assemblage, entertainment,	32762
recreation, education, correction, hospitalization, housing, or	32763
employment, but does not include a disposal system that treats	32764
sewage in amounts of more than twenty-five thousand gallons per	32765
day; a disposal system for the treatment of sewage that is exempt	32766
from the requirements of section 6111.04 of the Revised Code	32767
pursuant to division (F)(7) of that section; or a disposal system	32768
for the treatment of industrial waste.	32769

(b) Terms defined in section 6111.01 of the Revised Code have	32770
the same meanings as in that section.	32771

(2) The board of health of a city or general health district	32772
may enter into a contract with the environmental protection agency	32773
to conduct on behalf of the agency inspection or enforcement	32774
services, for the purposes of Chapter 6111. of the Revised Code	32775
and rules adopted thereunder, for the disposal or treatment of	32776
sewage from semipublic disposal systems. The board of health of a	32777
city or general health district may charge a fee established	32778
pursuant to section 3709.09 of the Revised Code to be paid by the	32779
owner or operator of a semipublic disposal system for inspections	32780
conducted by the board pursuant to a contract entered into under	32781
division (B)(2) of this section, except that the board shall not	32782
charge a fee for those inspections conducted at any recreational	32783
vehicle park, recreation camp, or combined park-camp that is	32784
licensed under section 3729.05 of the Revised Code or at any	32785
manufactured home park that is licensed under section ~~3733.03~~	32786
4781.27 of the Revised Code.	32787

Sec. 3709.09. (A) The board of health of a city or general	32788
health district may, by rule, establish a uniform system of fees	32789
to pay the costs of any services provided by the board.	32790

The fee for issuance of a certified copy of a vital record or	32791
a certification of birth shall not be less than the fee prescribed	32792
for the same service under division (A)(1) of section 3705.24 of	32793
the Revised Code and shall include the fees required by division	32794
(B) of section 3705.24 and section 3109.14 of the Revised Code.	32795

Fees for services provided by the board for purposes	32796
specified in sections 3701.344, 3711.10, 3718.06, 3729.07,	32797
3730.03, and 3749.04 of the Revised Code shall be established in	32798
accordance with rules adopted under division (B) of this section.	32799
The district advisory council, in the case of a general health	32800
district, and the legislative authority of the city, in the case	32801
of a city health district, may disapprove any fee established by	32802
the board of health under this division, and any such fee, as	32803
disapproved, shall not be charged by the board of health.	32804

(B) The ~~public~~director of health ~~council~~ shall adopt rules	32805
under section 111.15 of the Revised Code that establish fee	32806
categories and a uniform methodology for use in calculating the	32807
costs of services provided for purposes specified in sections	32808
3701.344, 3711.10, 3718.06, 3729.07, 3730.03, and 3749.04 of the	32809
Revised Code. In adopting the rules, the ~~public health council~~	32810
director shall consider recommendations it receives from advisory	32811
boards established either by statute or the director ~~of health~~ for	32812
entities subject to the fees.	32813

(C) Except when a board of health establishes a fee by	32814
adopting a rule as an emergency measure, the board of health shall	32815
hold a public hearing regarding each proposed fee for a service	32816
provided by the board for a purpose specified in section 3701.344,	32817
3711.10, 3718.06, 3729.07, 3730.03, or 3749.04 of the Revised	32818
Code. If a public hearing is held, at least twenty days prior to	32819
the public hearing the board shall give written notice of the	32820
hearing to each entity affected by the proposed fee. The notice	32821
shall be mailed to the last known address of each entity and shall	32822
specify the date, time, and place of the hearing and the amount of	32823
the proposed fee.	32824

(D) If payment of a fee established under this section is not	32825
received by the day on which payment is due, the board of health	32826
shall assess a penalty. The amount of the penalty shall be equal	32827
to twenty-five per cent of the applicable fee.	32828

(E) All rules adopted by a board of health under this section	32829
shall be adopted, recorded, and certified as are ordinances of	32830
municipal corporations and the record thereof shall be given in	32831
all courts the same effect as is given such ordinances, but the	32832
advertisements of such rules shall be by publication in one	32833
newspaper of general circulation within the health district.	32834
Publication shall be made once a week for two consecutive weeks or	32835
as provided in section 7.16 of the Revised Code, and such rules	32836
shall take effect and be in force ten days from the date of the	32837
first publication.	32838

Sec. 3709.092. (A) A board of health of a city or general	32839
health district shall transmit to the director of health all fees	32840
or additional amounts that the ~~public health council~~director	32841
requires to be collected under sections 3701.344, 3718.06,	32842
3729.07, and 3749.04 of the Revised Code. The fees and amounts	32843
shall be transmitted according to the following schedule:	32844

(1) For fees and amounts received by the board on or after	32845
the first day of January but not later than the thirty-first day	32846
of March, transmit the fees and amounts not later than the	32847
fifteenth day of May;	32848

(2) For fees and amounts received by the board on or after	32849
the first day of April but not later than the thirtieth day of	32850
June, transmit the fees and amounts not later than the fifteenth	32851
day of August;	32852

(3) For fees and amounts received by the board on or after	32853
the first day of July but not later than the thirtieth day of	32854
September, transmit the fees and amounts not later than the	32855
fifteenth day of November;	32856

(4) For fees and amounts received by the board on or after	32857
the first day of October but not later than the thirty-first day	32858
of December, transmit the fees and amounts not later than the	32859
fifteenth day of February of the following year.	32860

(B) The director shall deposit the fees and amounts received	32861
under this section into the state treasury to the credit of the	32862
general operations fund created in section 3701.83 of the Revised	32863
Code. Each amount shall be used solely for the purpose for which	32864
it was collected.	32865

Sec. 3709.32. The president of each board of health	32866
providing health services in one or more health districts and the	32867
chief executive officer of each health department providing health	32868
services in one or more health districts shall, on or before the	32869
first day of March of each year, certify the amounts expended	32870
during the preceding calendar year which qualify for state health	32871
district subsidy funds under section 3701.342 of the Revised Code	32872
and rules ofadopted by the ~~public~~director of health ~~council~~. The	32873
director of health shall certify the amount payable under the	32874
state health district subsidy funds distribution formula adopted	32875
by the ~~public~~director of health ~~council~~ under section 3701.342 of	32876
the Revised Code to the director of budget and management for	32877
payment. Payment shall not be made unless:	32878

(A) The board or department has provided such information	32879
concerning services and costs as is requested by the director of	32880
health;	32881

(B) The certificate of the board of health or health	32882
department has been endorsed by the director of health;	32883

(C) The board or department has complied with section	32884
3701.342 of the Revised Code and ~~public health council~~ rules	32885
adopted by the director of health;	32886

(D) The municipal corporations and townships composing the	32887
health district have provided adequate local funding for public	32888
health services. The ~~public~~director of health ~~council~~ shall	32889
determine what constitutes adequate local funding, and may grant	32890
an exception to this requirement to a municipal corporation or	32891
township if unusually severe economic conditions prevent it from	32892
receiving adequate tax revenues to help support minimally	32893
acceptable public health services.	32894

No state health district subsidy funds shall be granted to	32895
any board or department that decreases its appropriation for	32896
public health services in anticipation of using state funds to	32897
provide public health services normally supported by local	32898
revenues.	32899

Sec. 3709.35. If the director of health ~~finds~~charges that	32900
the health commissioner or a member of the board of health of a	32901
health district is guilty of misfeasance, malfeasance, or	32902
nonfeasance or has failed to perform any or all of the duties	32903
required by sections 3701.10, 3701.29, 3701.81, 3707.08, 3707.14,	32904
3707.16, 3707.47, and 3709.01 to 3709.36 of the Revised Code, the	32905
director ~~shall prefer a charge against the commissioner or board~~	32906
~~member before the public health council and~~ shall notify the	32907
commissioner or board member as to the time and place at which	32908
such charges will be heard. If the ~~council~~director, after	32909
hearing, finds the commissioner or board member guilty of the	32910
charge, it may remove such commissioner or member from office.	32911

If the lesser of three or one-fifth of the members of a	32912
district advisory council have reason to believe a member of the	32913
board of health of a general health district is guilty of	32914
misfeasance, malfeasance, or nonfeasance or has failed to perform	32915
any or all of the duties required by sections 3701.10, 3701.29,	32916
3701.81, 3707.14, 3707.16, 3707.47, and 3709.01 to 3709.36 of the	32917
Revised Code, the district advisory council members shall prefer a	32918
charge against the board member before the district advisory	32919
council and shall notify the board member as to the time and place	32920
at which such charges will be heard. If a majority of the council,	32921
after hearing, finds the board member guilty of the charge, it may	32922
remove the member from office.	32923

When any member of the board of health of a general or city	32924
health district is removed from office, the district advisory	32925
council or the chief executive of the city, upon notice of such	32926
removal, shall within thirty days after receipt of such notice	32927
fill the vacancy in accordance with section 3709.03 or 3709.05 of	32928
the Revised Code.	32929

Sec. 3710.01. As used in this chapter:

32930

(A) "Asbestos" means the asbestiform varieties of chrysotile	32931
or serpentine, amosite or cummingtonitegrunerite, crocidolite or	32932
riebeckite, actinolite, tremolite, and anthophylite.	32933

(B) "Asbestos hazard abatement activity" means any activity	32934
involving the removal, renovation, enclosure, repair, or	32935
encapsulation of reasonably related friable asbestos-containing	32936
materials in an amount greater than fifty linear feet or fifty	32937
square feet. "Asbestos hazard abatement activity" also includes	32938
any such activity involving such asbestos-containing materials in	32939
an amount of fifty linear or fifty square feet or less if, when	32940
combined with any other reasonably related activity in terms of	32941
time and location of the activity, the total amount is in an	32942
amount greater than fifty linear or fifty square feet.	32943

(C) "Asbestos hazard abatement contractor" means a business	32944
entity or public entity that engages in or intends to engage in	32945
asbestos hazard abatement activities and that employs or	32946
supervises one or more asbestos hazard abatement specialists for	32947
asbestos hazard abatement activities. "Asbestos hazard abatement	32948
contractor" does not mean an employee of an asbestos hazard	32949
abatement contractor, a general contractor who subcontracts to an	32950
asbestos hazard abatement contractor an asbestos hazard abatement	32951
activity, or any individual who engages in asbestos hazard	32952
abatement activity in ~~his~~the individual's own home.	32953

(D) "Asbestos hazard abatement project" means one or more	32954
asbestos hazard abatement activities that are conducted by one	32955
asbestos hazard abatement contractor and that are reasonably	32956
related to each other.	32957

(E) "Asbestos hazard abatement specialist" means a person	32958
with responsibility for the oversight or supervision of asbestos	32959
hazard abatement activities, including asbestos hazard abatement	32960
project managers, hazard abatement project supervisors and	32961
foremen, and employees of school districts or other governmental	32962
or public entities who coordinate or directly supervise or oversee	32963
asbestos hazard abatement activities performed by school district,	32964
governmental, or other public employees in school district,	32965
governmental, or other public buildings.	32966

(F) "Asbestos hazard evaluation specialist" means a person	32967
responsible for the identification, detection, and assessment of	32968
asbestos-containing materials, the determination of appropriate	32969
response actions, or the preparation of asbestos management plans	32970
for the purpose of protecting the public health from the hazards	32971
associated with exposure to asbestos, including the performance of	32972
air and bulk sampling. This category of specialists includes	32973
management planners, health professionals, industrial hygienists,	32974
private consultants, or other individuals involved in asbestos	32975
risk identification or assessment or regulatory activities.	32976

(G) "Business entity" means a partnership, firm, association,	32977
corporation, sole proprietorship, or other business concern.	32978

(H) "Public entity" means the state or any of its political	32979
subdivisions or any agency or instrumentality of either.	32980

(I) "License" means a document issued by the department of	32981
health to a business entity or public entity affirming that the	32982
entity has met the requirements set forth in this chapter to	32983
engage in asbestos hazard abatement activities as an asbestos	32984
hazard abatement contractor.	32985

(J) "Certificate" means:

32986

(1) A document issued by the department to an individual	32987
affirming that the individual has successfully completed the	32988
training and other requirements set forth in this chapter to	32989
qualify as an asbestos hazard abatement specialist, an asbestos	32990
hazard evaluation specialist, an asbestos hazard abatement worker,	32991
an asbestos hazard abatement project designer, an asbestos hazard	32992
abatement air-monitoring technician, an approved asbestos hazard	32993
training provider, or other category of asbestos hazard specialist	32994
that the ~~public health council~~director establishes by rule; or	32995

(2) A document issued by a training institution in accordance	32996
with rules adopted by the ~~public health council~~director affirming	32997
that an individual has successfully completed the instruction	32998
required in all categories as provided in sections 3710.07 and	32999
3710.10 of the Revised Code.	33000

(K) "Person" means any individual, business entity,	33001
governmental body, or other public or private entity.	33002

(L) "Encapsulate" means to coat, bind, or resurface walls,	33003
ceilings, pipes, or other structures to prevent friable asbestos	33004
from becoming airborne.	33005

(M) "Friable asbestos-containing material" means any material	33006
that contains more than one per cent asbestos by weight and that	33007
can be crumbled, pulverized, or reduced to powder, when dry, by	33008
hand pressure.	33009

(N) "Enclosure" means the permanent confinement of friable	33010
asbestos-containing materials with an airtight barrier in an area	33011
not used as an air plenum.	33012

(O) "Renovation" means the removal or stripping of friable	33013
asbestos-containing materials used on any pipe, duct, boiler,	33014
tank, reactor, turbine, furnace, or load supporting member.	33015

(P) "Asbestos hazard abatement worker" means the person	33016
responsible in a nonsupervisory capacity for the performance of an	33017
asbestos hazard abatement activity.	33018

(Q) "Asbestos hazard abatement project designer" means the	33019
person responsible for the determination of the workscope, work	33020
sequence, or performance standards for an asbestos hazard	33021
abatement activity, including preparation of specifications,	33022
plans, and contract documents.	33023

(R) "Director" means the director of health or ~~his~~the	33024
director's authorized representative.	33025

(S) "Clearance air sampling" means an air sampling performed	33026
after the completion of any asbestos hazard abatement activity and	33027
prior to the reoccupation of the contained work area by the public	33028
and conducted for the purpose of protecting the public from the	33029
health hazards associated with exposure to friable	33030
asbestos-containing material.	33031

(T) "Asbestos hazard abatement air-monitoring technician"	33032
means the person who is responsible for environmental monitoring	33033
or work area clearance air sampling, including air monitoring	33034
performed to determine completion of response actions under the	33035
rules set forth in 40 C.F.R. 763 Subpart E, adopted by the United	33036
States environmental protection agency pursuant to the "Asbestos	33037
Hazard Emergency Response Act of 1986," Pub. L. 99-519, 100 Stat.	33038
2970. "Asbestos hazard abatement air-monitoring technician" does	33039
not mean an industrial hygienist or industrial hygienist in	33040
training, certified by the American board of industrial hygiene.	33041

Sec. 3710.02. (A) ~~Subject to~~In accordance with Chapter 119.	33042
of the Revised Code, the ~~public~~director of health ~~council~~ shall,	33043
as itthe director determines necessary, adopt rules to carry out	33044
this chapter. The rules shall include all of the following:	33045

(1) Criteria and procedures for the certification of asbestos	33046
hazard abatement specialists, asbestos hazard evaluation	33047
specialists, asbestos hazard abatement workers, asbestos hazard	33048
abatement project designers, and asbestos hazard abatement	33049
air-monitoring technicians by the director of health;	33050

(2) Criteria and procedures for the director to examine the	33051
records of licensees, certificate holders, and asbestos hazard	33052
abatement training schools;	33053

(3) Procedures and criteria in addition to those provided in	33054
this chapter for the approval of courses for asbestos hazard	33055
training;	33056

(4) Fees for licenses, certifications, and course approvals	33057
in excess of the levels set in section 3710.05 of the Revised Code	33058
and fees for the certification of asbestos hazard abatement	33059
air-monitoring technicians;	33060

(5) Levels of asbestos exposure or other circumstances	33061
constituting a public health emergency that authorize the director	33062
to issue an emergency order under division (B) of section 3710.13	33063
of the Revised Code;	33064

(6) Employee training standards, work practices that reduce	33065
the risk of contamination and recontamination of the environment,	33066
record-keeping requirements, action levels, project clearance	33067
levels, and other requirements that asbestos hazard abatement	33068
contractors, asbestos hazard abatement specialists, asbestos	33069
hazard evaluation specialists, asbestos hazard abatement project	33070
designers, asbestos hazard abatement air-monitoring technicians,	33071
asbestos hazard abatement workers, and other persons involved with	33072
asbestos hazard abatement activities must follow for the	33073
prevention of hazard to the public;	33074

(7) Worker protection equipment and practices and other	33075
health and safety standards for employees and agents of public	33076
entities coming in contact with asbestos through asbestos hazard	33077
abatement activity;	33078

(8) Standards of acceptable conduct for licensees and	33079
certificate holders engaged in asbestos hazard abatement or	33080
evaluation activities and acts and omissions that constitute	33081
grounds for the suspension or revocation of a license or	33082
certificate, or the denial of an application or renewal of a	33083
license or certificate in addition to those otherwise provided in	33084
this chapter;	33085

(9) Training requirements for asbestos hazard abatement	33086
project designers and asbestos hazard abatement air-monitoring	33087
technicians;	33088

(10)(a) Subject to the condition specified in division	33089
(A)(10)(b) of this section, a standard requiring that the amount	33090
of asbestos contained in the air in areas accessible to the public	33091
in buildings that are owned, operated, or leased by a public	33092
entity be not more than ten thousand asbestos fibers longer than	33093
five microns per cubic meter of air calculated as an eight-hour	33094
time-weighted average, which is measured during periods of normal	33095
building occupancy, and a requirement that measurement of airborne	33096
asbestos be made by either or both of the following methods,	33097
provided that results derived by use of the method described in	33098
division (A)(10)(a)(i) of this section supersede results derived	33099
by use of the method described in division (A)(10)(a)(ii) of this	33100
section if both methods are used and the methods yield conflicting	33101
results concerning the presence of fibers in the tested air that	33102
may not be asbestos:	33103

(i) Transmission electron microscopy in the manner described	33104
in the measurement protocol established by the United States	33105
environmental protection agency as set forth in 40 C.F.R. 763;	33106

(ii) Optical phase contrast microscopy in the manner	33107
described in the measurement protocol established by the United	33108
States occupational safety and health administration as set forth	33109
in 29 C.F.R. 1910.	33110

(b) The ~~public health council~~director periodically shall	33111
review the standard required by division (A)(10)(a) of this	33112
section and determine whether and how it should be amended and how	33113
it shall be used in conjunction with visual and physical	33114
assessment of asbestos-containing materials located in buildings	33115
that are owned, operated, or leased by a public entity to	33116
determine appropriate and cost-effective response actions to such	33117
asbestos-containing materials and shall amend the standard if it	33118
determines that such action is necessary.	33119

(11) Other rules that the ~~public health council~~director	33120
determines necessary for the implementation of this chapter and to	33121
protect the public health from the hazards associated with	33122
exposure to asbestos.	33123

(B) The director shall do all of the following:

33124

(1) Administer and enforce this chapter and the rules ~~of the~~	33125
~~public health council~~ adopted pursuant thereto;	33126

(2) Develop comprehensive programs and policies for the	33127
control and prevention of nonoccupational exposure of the public	33128
to friable asbestos-containing materials;	33129

(3) Ensure that persons are trained and licensed or	33130
certified, where appropriate, in accordance with this chapter and	33131
the rules ~~of the public health council~~ adopted pursuant thereto;	33132

(4) Examine those records of licensed asbestos hazard	33133
abatement contractors, certified asbestos hazard abatement	33134
specialists, asbestos hazard evaluation specialists, asbestos	33135
hazard abatement project designers, asbestos hazard abatement	33136
air-monitoring technicians, and asbestos hazard training courses	33137
in accordance with rules adopted by the ~~public health council~~	33138
director as hethe director determines necessary to determine	33139
compliance with this chapter and the rules ~~of the public health~~	33140
~~council~~ adopted pursuant thereto;	33141

(5) Prohibit and prevent improper asbestos hazard abatement	33142
procedures and require the modification or alteration of asbestos	33143
abatement procedures as they relate to this chapter and the rules	33144
~~of the public health council~~ adopted pursuant thereto;	33145

(6) Collect and disseminate health education information	33146
relating to safe management of asbestos hazards;	33147

(7) Accept and administer grants from the federal government	33148
and other sources, both public and private, for carrying out any	33149
of ~~his~~the director's functions;	33150

(8) As hethe director determines appropriate, conduct	33151
on-site inspections at any location where an asbestos hazard	33152
abatement activity is planned, in progress, or has been completed,	33153
at any location where a public health emergency may occur, is	33154
occurring, or has occurred, or to evaluate the performance or	33155
compliance of any person subject to this chapter;	33156

(9) Conduct an on-site audit of each asbestos hazard training	33157
provider approved pursuant to this chapter, at least once	33158
biennially, during an actual course conducted by the provider	33159
within the state;	33160

(10) Cooperate and assist in investigations, as such relate	33161
to this chapter, conducted by local law enforcement agencies, the	33162
Ohio environmental protection agency, the United States	33163
occupational safety and health administration, and other local,	33164
state, and federal agencies.	33165

Sec. 3710.04. (A) To qualify for an asbestos hazard	33166
abatement contractor's license, a business entity or public entity	33167
shall meet the requirements of this section.	33168

(B) Each employee or agent of the business entity or public	33169
entity applying for a license who will come in contact with	33170
asbestos or will be responsible for an asbestos hazard abatement	33171
project shall:	33172

(1) Be familiar with all applicable state and federal	33173
standards for asbestos hazard abatement projects;	33174

(2) Have successfully completed the course of instruction on	33175
asbestos hazard abatement activities, for their particular	33176
certification, approved by the department of health pursuant to	33177
section 3710.10 of the Revised Code, have passed an examination	33178
approved by the department, and demonstrate to the department that	33179
hethe employee or agent is capable of complying with all	33180
applicable standards of this state, the United States	33181
environmental protection agency, and the United States	33182
occupational safety and health administration.	33183

(C) A business entity or public entity applying for an	33184
asbestos hazard abatement contractor's license shall, in addition	33185
to the other requirements of this section, provide at least one	33186
asbestos hazard abatement specialist, certified pursuant to this	33187
chapter and the rules ~~of the public health council~~ adopted	33188
~~pursuant thereto~~under it, for each asbestos hazard abatement	33189
project, and demonstrate to the satisfaction of the department	33190
that hethe applicant:	33191

(1) Has access to at least one asbestos disposal site	33192
approved by the Ohio environmental protection agency that is	33193
sufficient for the deposit of all asbestos waste that hethe	33194
applicant will generate during the term of the license;	33195

(2) Is sufficiently qualified to safely remove asbestos,	33196
demonstrated by reliability as an asbestos hazard abatement	33197
contractor, possesses a work program that prevents the	33198
contamination or recontamination of the environment and protects	33199
the public health from the hazards of exposure to asbestos,	33200
possesses evidence of certification of each individual employee or	33201
agent who will be responsible for others who may come in contact	33202
with friable asbestos-containing materials, possesses evidence of	33203
training of workers required by section 3710.07 of the Revised	33204
Code, and has prior successful experience in asbestos hazard	33205
abatement projects or equivalent qualifications as determined by	33206
~~rule~~in accordance with rules adopted by the ~~public~~director of	33207
health ~~council~~;	33208

(3) Possesses a worker protection program consistent with	33209
requirements established by the ~~public health council~~director if	33210
the contractor is a public entity, and a worker protection program	33211
consistent with the requirements of the United States occupational	33212
safety and health administration if the contractor is a business	33213
entity;	33214

(4) Is registered as a business entity with the secretary of	33215
state.	33216

(D) No applicant for licensure as an asbestos hazard	33217
abatement contractor, in order to meet the requirements of this	33218
chapter, shall list an employee of another contractor.	33219

(E) The business entity or public entity shall meet any other	33220
standards that the ~~public health council~~director, by rule, sets.	33221

(F) Nothing in this chapter or the rules adopted pursuant	33222
thereto relating to asbestos hazard abatement project designers	33223
shall be interpreted as authorizing or permitting an individual	33224
who is certified as an asbestos hazard abatement project designer	33225
to perform the services of a registered architect or professional	33226
engineer unless that person is registered under Chapter 4703. or	33227
4733. of the Revised Code to perform such services.	33228

Sec. 3710.05. (A) Except as otherwise provided in this	33229
chapter, no person shall engage in any asbestos hazard abatement	33230
activities in this state unless licensed or certified pursuant to	33231
this chapter.	33232

(B) To apply for licensure as an asbestos abatement	33233
contractor or certification as an asbestos hazard abatement	33234
specialist, an asbestos hazard evaluation specialist, an asbestos	33235
hazard abatement project designer, or an asbestos hazard abatement	33236
air-monitoring technician, a person shall do all of the following:	33237

(1) Submit a completed application to the department of	33238
health, on a form provided by the department;	33239

(2) Pay the requisite fee as provided in division (D) of this	33240
section;	33241

(3) Submit any other information the ~~public~~director of	33242
health ~~council~~ by rule requires.	33243

(C) The application form for a business entity or public	33244
entity applying for an asbestos hazard abatement contractor's	33245
license shall include all of the following:	33246

(1) A description of the protective clothing and respirators	33247
that the public entity will use to comply with rules adopted by	33248
the ~~public health council~~director and that the business entity	33249
will use to comply with requirements of the United States	33250
occupational safety and health administration;	33251

(2) A description of procedures the business entity or public	33252
entity will use for the selection, utilization, handling, removal,	33253
and disposal of clothing to prevent contamination or	33254
recontamination of the environment and to protect the public	33255
health from the hazards associated with exposure to asbestos;	33256

(3) The name and address of each asbestos disposal site that	33257
the business entity or public entity might use during the year;	33258

(4) A description of the site decontamination procedures that	33259
the business entity or public entity will use;	33260

(5) A description of the asbestos hazard abatement procedures	33261
that the business entity or public entity will use;	33262

(6) A description of the procedures that the business entity	33263
or public entity will use for handling waste containing asbestos;	33264

(7) A description of the air-monitoring procedures that the	33265
business entity or public entity will use to prevent contamination	33266
or recontamination of the environment and to protect the public	33267
health from the hazards of exposure to asbestos;	33268

(8) A description of the final clean-up procedures that the	33269
business entity or public entity will use;	33270

(9) A list of all partners, owners, and officers of the	33271
business entity along with their social security numbers;	33272

(10) The federal tax identification number of the business	33273
entity or the public entity.	33274

(D) The fees to be charged to each public entity and business	33275
entity and their employees and agents for licensure,	33276
certification, approval, and renewal of licenses, certifications,	33277
and approvals granted under this chapter, subject to division	33278
(A)(4) of section 3710.02 of the Revised Code, are:	33279

(1) Seven hundred fifty dollars for asbestos hazard abatement	33280
contractors;	33281

(2) Two hundred dollars for asbestos hazard abatement project	33282
designers;	33283

(3) Fifty dollars for asbestos hazard abatement workers;

33284

(4) Two hundred dollars for asbestos hazard abatement	33285
specialists;	33286

(5) Two hundred dollars for asbestos hazard evaluation	33287
specialists; and	33288

(6) Nine hundred dollars for approval or renewal of asbestos	33289
hazard training providers.	33290

(E) Notwithstanding division (A) of this section, no business	33291
entity which engages in asbestos hazard abatement activities	33292
solely at its own place of business is required to be licensed as	33293
an asbestos hazard abatement contractor provided that the business	33294
entity is required to and does comply with all applicable	33295
standards of the United States environmental protection agency and	33296
the United States occupational safety and health administration	33297
and provided further that all persons employed by the business	33298
entity on the activity meet the requirements of this chapter.	33299

Sec. 3710.051. No person shall enter into an agreement to	33300
perform any aspect of an asbestos hazard abatement project unless	33301
the agreement is written and contains at least all of the	33302
following:	33303

(A) A requirement that all persons working on the project are	33304
licensed or certified by the department of health as required by	33305
this chapter;	33306

(B) A requirement that all project clearance levels and	33307
sampling be in accordance with ~~the public health council~~ rules	33308
adopted by the director of health;	33309

(C) A requirement that all clearance air-monitoring be	33310
conducted by asbestos hazard abatement air-monitoring technicians	33311
or asbestos hazard evaluation specialists certified by the	33312
department.	33313

Sec. 3710.06. (A) Within fifteen business days after	33314
receiving an application, the department of health shall	33315
acknowledge receipt of the application and notify the applicant of	33316
any deficiency in the application. Within sixty calendar days	33317
after receiving a completed application, including all additional	33318
information requested by the department, the department shall	33319
issue a license or certificate or deny the application. The	33320
department shall issue only one license or certificate that is in	33321
effect at one time to a business entity and its principal officers	33322
and a public entity and its principal officers.	33323

(B)(1) The department shall deny an application if it	33324
determines that the applicant has not demonstrated the ability to	33325
comply fully with all applicable federal and state requirements	33326
and all requirements, procedures, and standards established by the	33327
~~public~~director of health ~~council~~ in this chapter.	33328

(2) The department shall deny any application for an asbestos	33329
hazard abatement contractor's license if the applicant or an	33330
officer or employee of the applicant has been convicted of a	33331
felony under any state or federal law designed to protect the	33332
environment.	33333

(3) The department shall send all denials of an application	33334
by certified mail to the applicant. If the department receives a	33335
timely request for a hearing from the applicant, as provided in	33336
division (D) of section 3710.13 of the Revised Code, the	33337
department shall hold a hearing in accordance with Chapter 119. of	33338
the Revised Code.	33339

(C) In an emergency that results from a sudden, unexpected	33340
event that is not a planned asbestos hazard abatement project, the	33341
department may waive the requirements for a license or	33342
certificate. For the purposes of this division, "emergency"	33343
includes operations necessitated by nonroutine failures of	33344
equipment or by actions of fire and emergency medical personnel	33345
pursuant to duties within their official capacities. Any person	33346
who performs an asbestos hazard abatement activity under emergency	33347
conditions shall notify the director within three days after	33348
performance thereof.	33349

(D) Each license or certificate issued under this chapter	33350
expires one year after the date of issue, but each licensee or	33351
certificate holder may apply to the department for the extension	33352
of ~~his~~the holder's license or certificate under the standard	33353
renewal procedures of Chapter 4745. of the Revised Code.	33354

To qualify for renewal of a license or certificate issued	33355
under this chapter, each licensee or certificate holder shall send	33356
the appropriate renewal fee set forth in division (D) of section	33357
3710.05 of the Revised Code or as adopted by rule by the ~~public~~	33358
~~health council~~director pursuant to division (A)(4) of section	33359
3710.02 of the Revised Code.	33360

Certificate holders also shall successfully complete an	33361
annual renewal course approved by the department pursuant to	33362
section 3710.10 of the Revised Code.	33363

(E) The department may charge a fee in addition to those	33364
specified in division (D) of section 3710.05 of the Revised Code	33365
or in ~~rule of~~rules adopted by the ~~public health council~~director	33366
pursuant to division (A)(4) of section 3710.02 of the Revised Code	33367
if the licensee or certificate holder applies for renewal after	33368
the expiration thereof or requests a reissuance of any license or	33369
certificate, provided that no such fee shall exceed the original	33370
fees by more than fifty per cent.	33371

Sec. 3710.07. (A) Prior to engaging in any asbestos hazard	33372
abatement project, an asbestos hazard abatement contractor shall	33373
do all of the following:	33374

(1) Prepare a written respiratory protection program as	33375
defined by the ~~public~~director of health ~~council~~ pursuant to rule,	33376
and make the program available to the department of health, and	33377
workers at the job site if the contractor is a public entity or	33378
prepare a written respiratory protection program, consistent with	33379
29 C.F.R. 1910.134 and make the program available to the	33380
department, and workers at the job site if the contractor is a	33381
business entity;	33382

(2) Ensure that each worker who will be involved in any	33383
asbestos hazard abatement project has been examined within the	33384
preceding year and has been declared by a physician to be	33385
physically capable of working while wearing a respirator;	33386

(3) Ensure that each of the contractor's employees or agents	33387
who will come in contact with asbestos-containing materials or	33388
will be responsible for an asbestos hazard abatement project	33389
receives the appropriate certification or licensure required by	33390
this chapter and the following training:	33391

(a) An initial course approved by the department pursuant to	33392
section 3710.10 of the Revised Code, completed before engaging in	33393
any asbestos hazard abatement project; and	33394

(b) An annual review course approved by the department	33395
pursuant to section 3710.10 of the Revised Code.	33396

(B) After obtaining or renewing a license, an asbestos hazard	33397
abatement contractor shall notify the department, on a form	33398
approved by the director of health, at least ten days before	33399
beginning each asbestos hazard abatement project conducted during	33400
the term of the contractor's license.	33401

(C) In addition to any other fee imposed under this chapter,	33402
an asbestos hazard abatement contractor shall pay, at the time of	33403
providing notice under division (B) of this section, the	33404
department a fee of sixty-five dollars for each asbestos hazard	33405
abatement project conducted.	33406

Sec. 3710.08. (A) An asbestos hazard abatement contractor	33407
engaging in any asbestos hazard abatement project shall, during	33408
the course of the project:	33409

(1) Conduct each project in a manner that is in compliance	33410
with the requirements the director of environmental protection	33411
adopts pursuant to section 3704.03 of the Revised Code and the	33412
asbestos requirements of the United States occupational safety and	33413
health administration set forth in 29 C.F.R. 1926.58;	33414

(2) Comply with all applicable rules adopted by the ~~public~~	33415
director of health ~~council~~ pursuant to section 3710.02 of the	33416
Revised Code.	33417

(B) An asbestos hazard abatement contractor that is a public	33418
entity shall:	33419

(1) Provide workers with protective clothing and equipment	33420
and ensure that the workers involved in any asbestos hazard	33421
abatement project use the items properly. Protective clothing and	33422
equipment shall include:	33423

(a) Respirators approved by the national institute of	33424
occupational safety and health. These respirators shall be fit	33425
tested in accordance with requirements of the United States	33426
occupational safety and health administration set forth in 29	33427
C.F.R. 1926.58(h). At the request of an employee, the asbestos	33428
hazard abatement contractor shall provide the employee with a	33429
powered air purifying respirator, in which case, the testing	33430
requirements of division (B)(1)(a) of this section do not apply.	33431

(b) Items required by the ~~public~~director of health ~~council~~	33432
by rule as provided in division (A)(7) of section 3710.02 of the	33433
Revised Code.	33434

(2) Comply with all applicable standards of conduct and	33435
requirements adopted by ~~the public health council and~~ the director	33436
of health pursuant to section 3710.02 of the Revised Code.	33437

(C) An asbestos hazard abatement specialist engaging in any	33438
asbestos hazard abatement project shall, during the course of the	33439
project:	33440

(1) Conduct each project in a manner that will meet	33441
decontamination procedures, project containment procedures, and	33442
asbestos fiber dispersal methods as provided in division (A)(6) of	33443
section 3710.02 of the Revised Code;	33444

(2) Ensure that workers utilize, handle, remove, and dispose	33445
of the disposable clothing provided by abatement contractors in a	33446
manner that will prevent contamination or recontamination of the	33447
environment and protect the public health from the hazards of	33448
exposure to asbestos;	33449

(3) Ensure that workers utilize protective clothing and	33450
equipment and comply with the applicable health and safety	33451
standards set forth in division (A) of section 3710.08 of the	33452
Revised Code;	33453

(4) Ensure that there is no smoking, eating, or drinking in	33454
the work area;	33455

(5) Comply with all applicable standards of conduct and	33456
requirements adopted by the ~~public health council and~~ director of	33457
health pursuant to section 3710.02 of the Revised Code.	33458

(D) An asbestos hazard evaluation specialist engaged in the	33459
identification, detection, and assessment of asbestos-containing	33460
materials, the determination of appropriate response actions, or	33461
other activities associated with an abatement project or the	33462
preparation of management plans, shall comply with the applicable	33463
standards of conduct and requirements adopted by ~~the public health~~	33464
~~council and~~ the director of health pursuant to section 3710.02 of	33465
the Revised Code.	33466

(E) Every asbestos hazard abatement worker shall comply with	33467
all applicable standards adopted by the ~~public~~director of health	33468
~~council~~ pursuant to section 3710.02 of the Revised Code.	33469

(F) The department may, on a case-by-case basis, approve an	33470
alternative to the worker protection requirements of divisions	33471
(A), (B), and (C) of this section for an asbestos hazard abatement	33472
project conducted by a public entity, provided that the asbestos	33473
hazard abatement contractor submits the alternative procedure to	33474
the department in writing and demonstrates to the satisfaction of	33475
the department that the proposed alternative procedure provides	33476
equivalent worker protection.	33477

Sec. 3710.09. (A) As a means of protecting the public, each	33478
asbestos hazard abatement contractor licensed under this chapter	33479
shall maintain records of all asbestos hazard abatement projects	33480
which hethe contractor performs and make these records available	33481
to the department of health upon request. The licensee shall	33482
maintain the records for at least thirty years.	33483

(B) The records required by this section shall include all of	33484
the following:	33485

(1) The name, social security number, and address of the	33486
person who supervised the asbestos hazard abatement project;	33487

(2) The names and social security numbers of all workers at	33488
the job site;	33489

(3) The location and description of the asbestos hazard	33490
abatement project and the amount of asbestos-containing material	33491
that was removed;	33492

(4) The starting and completion dates of each asbestos hazard	33493
abatement project;	33494

(5) A summary of the procedures that were used to comply with	33495
all applicable federal, state, and local standards;	33496

(6) The name and address of each asbestos disposal site where	33497
the waste containing asbestos was deposited;	33498

(7) Any other information that the ~~public~~director of health	33499
~~council~~, by rule, requires.	33500

Sec. 3710.10. (A) No person other than the department of	33501
health shall conduct or offer to conduct any initial or review	33502
training course or examination required by this chapter unless	33503
that person is approved to sponsor the courses and examinations	33504
under this section. In conducting any such course or examination,	33505
the department and the approved person shall administer the	33506
courses and examinations according to the United States	33507
environmental protection agency "Model Accreditation Plan," 40	33508
C.F.R. 763, Subpart E, Appendix C, and the rules of the ~~public~~	33509
director of health ~~council~~ adopted pursuant to division (A)(3) of	33510
section 3710.02 of the Revised Code. A person may apply for	33511
approval or renewal of a course on the health and safety aspects	33512
of asbestos hazard abatement activities which meets the	33513
requirements of division (A)(3) of section 3710.07 of the Revised	33514
Code by submitting a written application on forms provided by the	33515
department.	33516

(B) In order to obtain or renew department approval, a person	33517
sponsoring a course shall substantially satisfy all of the	33518
following criteria:	33519

(1) Provide courses of instruction and examinations that meet	33520
the requirements of division (A) of this section;	33521

(2) Ensure that instruction is given or supervised by	33522
personnel with sufficient education and experience as determined,	33523
~~by rule,~~in rules adopted by the ~~public health council~~director;	33524

(3) Maintain lists of students trained and the dates on which	33525
training occurred for at least twenty years, and make this	33526
information available to the department upon request.	33527

(C) In order to obtain or renew department approval, a person	33528
sponsoring an initial course or a review course annually shall	33529
apply to the department for approval. In applying, the person	33530
shall submit the fee set forth in division (D) of section 3710.05	33531
of the Revised Code along with any increase in fee adopted	33532
pursuant to division (A)(4) of section 3710.02 of the Revised	33533
Code.	33534

(D)(1) The department shall act or acknowledge receipt of an	33535
application within ten working days after receiving the	33536
application.	33537

(2) The department shall act on the application within ninety	33538
days after it is complete.	33539

(3) The department shall grant contingent approval of an	33540
application if the department determines the course substantially	33541
satisfies or will substantially satisfy the criteria in this	33542
chapter and the rules adopted by the ~~public health council~~	33543
director.	33544

(4) The department may deny or revoke approval of a course if	33545
the department determines the course does not or will not	33546
substantially satisfy the criteria in this chapter or the rules	33547
adopted by the ~~public health council~~director.	33548

(5) The department shall grant final approval of a course	33549
only after an on-site audit by the department which reveals that	33550
the course substantially satisfies the criteria in this chapter	33551
and the rules adopted by the ~~public health council~~director.	33552
Course approvals expire one year from the date of final approval	33553
under division (D)(5) of this section.	33554

(E) Each course approval issued under this section expires	33555
one year after the date of issue, but a person who received	33556
approval may apply to the department for renewal under the	33557
standard renewal procedures of Chapter 4745. of the Revised Code.	33558
The fee prescribed in section 3710.05 of the Revised Code must	33559
accompany the application.	33560

Sec. 3710.12. Subject to the hearing provisions of this	33561
chapter, the department of health may deny, suspend, or revoke any	33562
license or certificate, or renewal thereof, if the licensee or	33563
certificate holder:	33564

(A) Fraudulently or deceptively obtains or attempts to obtain	33565
a license or certificate;	33566

(B) Fails at any time to meet the qualifications for a	33567
license or certificate;	33568

(C) Is violating or threatening to violate any provisions of	33569
any of the following:	33570

(1) This chapter or the rules of the ~~public health council or~~	33571
director of health adopted pursuant thereto;	33572

(2) The "National Emission Standard for Hazardous Air	33573
Pollutants" regulations of the United States environmental	33574
protection agency as the regulations pertain to asbestos; or	33575

(3) The regulations of the United States occupational safety	33576
and health administration as the regulations pertain to asbestos.	33577

Sec. 3710.13. (A) Except as otherwise provided in Chapter	33578
119. of the Revised Code or this section, before the department of	33579
health takes any action under section 3710.12 of the Revised Code,	33580
it shall give the licensee or certificate holder against whom	33581
action is contemplated an opportunity for a hearing.	33582

Except as otherwise provided in this section, the department	33583
shall give notice and hold the hearing in accordance with Chapter	33584
119. of the Revised Code.	33585

(B) The department, without notice or hearing and in	33586
accordance with ~~the~~ rules ofadopted by the ~~public~~director of	33587
health ~~council~~, may issue an order requiring any action necessary	33588
to meet a public health emergency involving asbestos. Any person	33589
to whom an order is directed shall immediately comply with the	33590
order. Upon application to the director of health, the person	33591
shall be afforded a hearing as soon as possible, but no more than	33592
twenty days after receipt of the application by the director.	33593

(C) If the director determines, pursuant to division (B) of	33594
this section, that a public health emergency exists, hethe	33595
director may order, without a hearing, the denial, suspension, or	33596
revocation of any license or certificate issued under this chapter	33597
of the parties involved, provided that an opportunity for a	33598
hearing is provided to the affected party as soon as reasonably	33599
possible.	33600

(D) All proceedings under this chapter are subject to Chapter	33601
119. of the Revised Code, except that:	33602

(1) Upon the request of a licensee or certificate holder, the	33603
location of an adjudicatory hearing is the county seat of the	33604
county in which the licensee or certificate holder conducts	33605
business.	33606

(2) The director shall notify, by certified mail or personal	33607
delivery, a licensee or certificate holder that hethe licensee or	33608
certificate holder is entitled to a hearing if hethe licensee or	33609
certificate holder requests it, in writing, within ten days of the	33610
time that hethe licensee or certificate holder receives the	33611
notice. If the licensee or certificate holder requests such a	33612
hearing, the director shall set the hearing date no later than ten	33613
days after the director receives the request.	33614

(3) The director shall not apply for or receive a	33615
postponement or continuation of an adjudication hearing. If a	33616
licensee or certificate holder requests a postponement or	33617
continuation of an adjudication hearing, the director only shall	33618
grant the request if the licensee or certificate holder	33619
demonstrates extreme hardship in complying with the hearing date.	33620
If the director grants a postponement or continuation on the	33621
grounds of extreme hardship, the director shall include in the	33622
record of the case, the nature and cause of the extreme hardship.	33623

(4) In lieu of an adjudicatory hearing required by this	33624
chapter, a licensee or certificate holder, by no later than the	33625
date set for a hearing pursuant to division (A)(3) of this	33626
section, may by written request to the director, request that the	33627
matter be resolved by the licensee or certificate holder	33628
submitting documents, papers, and other written evidence to the	33629
director to support ~~his~~the licensee's or certificate holder's	33630
claim.	33631

(5) If the director appoints a referee or an examiner to	33632
conduct a hearing, all of the following apply:	33633

(a) The examiner or referee shall serve, by certified mail	33634
and within three business days of the conclusion of the hearing, a	33635
copy of the written adjudication report and ~~his~~the referee's or	33636
examiner's recommendations, on the director and the affected	33637
licensee or certificate holder or the licensee's or certificate	33638
holder's attorney or other representative of record.	33639

(b) The licensee or certificate holder, within three business	33640
days of receipt of the report under division (D)(5)(a) of this	33641
section, may file with the director written objections to the	33642
report and recommendations.	33643

(c) The director shall consider any objections received under	33644
division (D)(5)(b) of this section prior to approving, modifying,	33645
or disapproving the report and recommendations. Within six	33646
business days of receiving the report under division (D)(5)(a) of	33647
this section, the director shall serve ~~his~~the director's order,	33648
by certified mail, on the affected licensee or certificate holder	33649
or the licensee's or certificate holder's attorney or other	33650
representative of record.	33651

(6) If the director conducts an adjudicatory hearing under	33652
this chapter, hethe director shall serve ~~his~~the director's	33653
decision, by certified mail and within three business days of the	33654
conclusion of the hearing, on the affected licensee or certificate	33655
holder or the licensee's or certificate holder's attorney or other	33656
representative of record.	33657

(7) If no hearing is held, the director shall issue an order,	33658
by certified mail and within three business days of the last date	33659
possible for a hearing, based upon the record available to ~~him~~the	33660
director, to the affected licensee or certificate holder or the	33661
licensee's or certificate holder's attorney or other	33662
representative of record.	33663

(8) A licensee or certificate holder shall file a notice of	33664
appeal to an adverse adjudication decision within fifteen days	33665
after receipt of the director's order.	33666

Sec. 3710.17. (A) Where any person is certified or licensed	33667
by the department of health to engage in asbestos hazard abatement	33668
or evaluation activity pursuant to this chapter, the liability of	33669
that person when performing such activity in accordance with	33670
procedures established pursuant to state or federal law for an	33671
injury to any individual or property caused or related to this	33672
activity shall be limited to acts or omissions of the person	33673
during the course of performing the activity which can be shown,	33674
based on a preponderance of the evidence, to have been negligent.	33675
For the purposes of this section, the demonstration that acts or	33676
omissions of a person performing asbestos hazard abatement or	33677
evaluation activities were in accordance with generally accepted	33678
practice and with procedures established by state or federal law	33679
at the time the abatement or evaluation activity was performed	33680
creates a rebuttable presumption that the acts or omissions were	33681
not negligent.	33682

(B) Where any person contracts with a certified asbestos	33683
hazard abatement specialist, asbestos hazard evaluation	33684
specialist, or other category of asbestos hazard specialist	33685
established by the ~~public~~director of health ~~council~~, or a	33686
licensed asbestos hazard abatement contractor, the liability of	33687
that person for asbestos-related injuries caused by ~~his~~the	33688
person's contractee in the performance of asbestos hazard	33689
abatement or evaluation activities shall be limited to those	33690
asbestos-related injuries arising from acts which the person knew	33691
or could reasonably have been expected to know were not in	33692
accordance with generally accepted practice or with procedures	33693
established by state or federal law at the time the abatement	33694
activity took place.	33695

(C) Notwithstanding any other provisions of the Revised Code	33696
or rules of a court to the contrary, this section governs all	33697
claims for asbestos-related injuries arising from asbestos hazard	33698
abatement or evaluation activities.	33699

Sec. 3711.04. Each person seeking to operate a maternity	33700
unit, newborn care nursery, or maternity home shall apply to the	33701
director of health for a license under this chapter. The	33702
application shall be submitted in the form and manner prescribed	33703
by the ~~public health council~~director in rules adopted under	33704
section 3711.12 of the Revised Code.	33705

A single application and license is required if an applicant	33706
will operate both a maternity unit and newborn care nursery.	33707

Sec. 3711.06. The director of health shall inspect each	33708
maternity unit, newborn care nursery, or maternity home for which	33709
a person has applied for an initial license under section 3711.04	33710
of the Revised Code prior to issuing the license. Inspections	33711
shall be conducted in accordance with inspection criteria,	33712
procedures, and guidelines adopted by the ~~public health council~~	33713
director under section 3711.12 of the Revised Code.	33714

Sec. 3711.08. A license issued under this chapter is valid	33715
for three years, unless earlier revoked or suspended under section	33716
3711.14 of the Revised Code. The license may be renewed in the	33717
manner prescribed by the ~~public~~director of health ~~council~~ in	33718
rules adopted under section 3711.12 of the Revised Code. The	33719
license renewal fee specified in the rules shall be paid not later	33720
than sixty days after the director of health mails an invoice for	33721
the fee to the license holder. A penalty of ten per cent of the	33722
amount of the renewal fee shall be assessed for each month the fee	33723
is overdue.	33724

Sec. 3711.12. (A) The ~~public~~director of health ~~council~~ shall	33725
adopt rules in accordance with Chapter 119. of the Revised Code as	33726
the ~~council~~director considers necessary to implement the	33727
requirements of this chapter for licensure and operation of	33728
maternity units, newborn care nurseries, and maternity homes. The	33729
rules shall include provisions for the following:	33730

(1) Licensure application forms and procedures;

33731

(2) Renewal procedures, including procedures that address the	33732
right of the director of health, at the director's sole	33733
discretion, to conduct an inspection prior to renewal of a	33734
license;	33735

(3) Initial license fees and license renewal fees;

33736

(4) Fees for inspections conducted by the director under	33737
section 3711.10 of the Revised Code;	33738

(5) Safety standards, quality-of-care standards, and	33739
quality-of-care data reporting requirements;	33740

(6) Reporting and auditing requirements;

33741

(7) Inspection criteria, procedures, and guidelines;

33742

(8) Any other rules necessary to implement this chapter.

33743

(B) When adopting rules under this section, the ~~public health~~	33744
~~council~~director shall give consideration to recommendations	33745
regarding obstetric and newborn care issued by the American	33746
college of obstetricians and gynecologists; American academy of	33747
pediatrics; American academy of family physicians; American	33748
society of anesthesiologists; American college of nurse-midwives;	33749
United States centers for disease control and prevention;	33750
association of women's health, obstetric and neonatal nurses; and	33751
association of perioperative registered nurses, or their successor	33752
organizations. The ~~council~~director shall also consider the	33753
recommendations of the maternity and newborn advisory council	33754
established in section 3711.20 of the Revised Code.	33755

Sec. 3711.21. The maternity and newborn advisory council	33756
shall do all of the following:	33757

(A) Advise and consult with the director of health in the	33758
development of rules to be ~~presented to the public health council~~	33759
~~for proposed adoption~~adopted under this chapter;	33760

(B) Advise and consult with the director concerning the	33761
implementation and enforcement of this chapter;	33762

(C) Advise and consult with the director in the development	33763
of inspection criteria, procedures, and guidelines to be used in	33764
enforcement of this chapter;	33765

(D) Advise and consult with the director regarding	33766
recommendations ~~to be presented to the public health council~~	33767
regarding improving maternity and newborn care in this state;	33768

(E) Prepare and submit to the director an annual report	33769
evaluating the department's enforcement of this chapter.	33770

Sec. 3712.03. (A) In accordance with Chapter 119. of the	33771
Revised Code, the ~~public~~director of health ~~council~~ shall adopt,	33772
and may amend and rescind, rules:	33773

(1) Providing for the licensing of persons or public agencies	33774
providing hospice care programs within this state by the	33775
department of health and for the suspension and revocation of	33776
licenses;	33777

(2) Establishing a license fee and license renewal fee,	33778
neither of which shall, except as provided in division (B) of this	33779
section, exceed six hundred dollars. The fees shall cover the	33780
three-year period during which an existing license is valid as	33781
provided in division (B) of section 3712.04 of the Revised Code.	33782

(3) Establishing an inspection fee not to exceed, except as	33783
provided in division (B) of this section, one thousand seven	33784
hundred fifty dollars;	33785

(4) Establishing requirements for hospice care program	33786
facilities and services;	33787

(5) Providing for a waiver of the requirement for the	33788
provision of physical, occupational, or speech or language therapy	33789
contained in division (A)(2) of section 3712.01 of the Revised	33790
Code when the requirement would create a hardship because such	33791
therapy is not readily available in the geographic area served by	33792
the provider of a hospice care program;	33793

(6) Providing for the granting of licenses to provide hospice	33794
care programs to persons and public agencies that are accredited	33795
or certified to provide such programs by an entity whose standards	33796
for accreditation or certification equal or exceed those provided	33797
for licensure under this chapter and rules adopted under it;	33798

(7) Establishing interpretive guidelines for each rule.

33799

(B) Subject to the approval of the controlling board, the	33800
~~public health council~~director may establish fees in excess of the	33801
maximum amounts specified in this section, provided that the fees	33802
do not exceed those amounts by greater than fifty per cent.	33803

33804

(1) Grant, suspend, and revoke licenses for hospice care	33805
programs in accordance with this chapter and rules adopted under	33806
it;	33807

(2) Make such inspections as are necessary to determine	33808
whether hospice care program facilities and services meet the	33809
requirements of this chapter and rules adopted under it; and	33810

(3) Implement and enforce this chapter and rules adopted	33811
under it.	33812

Sec. 3712.04. (A) Every person or public agency that	33813
proposes to provide a hospice care program shall apply to the	33814
department of health for a license. Application shall be made on	33815
forms prescribed and provided by the department, shall include	33816
such information as the department requires, and shall be	33817
accompanied by the license fee established by rules of the ~~public~~	33818
director of health ~~council~~ adopted under division (A) of section	33819
3712.03 of the Revised Code.	33820

The department shall grant a license to the applicant if the	33821
applicant is in compliance with this chapter and rules adopted	33822
under it.	33823

(B) A license granted under this section shall be valid for	33824
three years. Application for renewal of a license shall be made at	33825
least ninety days before the expiration of the license in the same	33826
manner as for an initial license. The department shall renew the	33827
license if the applicant meets the requirements of this chapter	33828
and rules adopted under it.	33829

(C) Subject to Chapter 119. of the Revised Code, the	33830
department may suspend or revoke a license if the licensee made	33831
any material misrepresentation in the application for the license	33832
or no longer meets the requirements of this chapter or rules	33833
adopted under it.	33834

(D) A hospital, nursing home, home for the aged, county	33835
medical care facility, or other health facility or agency that	33836
provides a hospice care program shall be licensed to provide a	33837
hospice care program under this section.	33838

(E) A nursing home licensed under Chapter 3721. of the	33839
Revised Code that does not hold itself out to be a hospice, does	33840
not hold itself out as providing a hospice care program, does not	33841
use the term hospice to describe or refer to its activities or	33842
facilities, and that does not provide all of the services	33843
enumerated in division (A) of section 3712.01 of the Revised Code	33844
is not subject to the licensing provisions of this chapter.	33845

Sec. 3712.09. (A) As used in this section:

33846

(1) "Applicant" means a person who is under final	33847
consideration for employment with a hospice care program in a	33848
full-time, part-time, or temporary position that involves	33849
providing direct care to an older adult. "Applicant" does not	33850
include a person who provides direct care as a volunteer without	33851
receiving or expecting to receive any form of remuneration other	33852
than reimbursement for actual expenses.	33853

(2) "Criminal records check" ~~and "older adult" have~~has the	33854
same ~~meanings~~meaning as in section 109.572 of the Revised Code.	33855

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

33856

(B)(1) Except as provided in division (I) of this section,	33857
the chief administrator of a hospice care program shall request	33858
that the superintendent of the bureau of criminal identification	33859
and investigation conduct a criminal records check ~~with respect to~~	33860
of each applicant. If an applicant for whom a criminal records	33861
check request is required under this division does not present	33862
proof of having been a resident of this state for the five-year	33863
period immediately prior to the date the criminal records check is	33864
requested or provide evidence that within that five-year period	33865
the superintendent has requested information about the applicant	33866
from the federal bureau of investigation in a criminal records	33867
check, the chief administrator shall request that the	33868
superintendent obtain information from the federal bureau of	33869
investigation as part of the criminal records check of the	33870
applicant. Even if an applicant for whom a criminal records check	33871
request is required under this division presents proof of having	33872
been a resident of this state for the five-year period, the chief	33873
administrator may request that the superintendent include	33874
information from the federal bureau of investigation in the	33875
criminal records check.	33876

(2) A person required by division (B)(1) of this section to	33877
request a criminal records check shall do both of the following:	33878

(a) Provide to each applicant for whom a criminal records	33879
check request is required under that division a copy of the form	33880
prescribed pursuant to division (C)(1) of section 109.572 of the	33881
Revised Code and a standard fingerprint impression sheet	33882
prescribed pursuant to division (C)(2) of that section, and obtain	33883
the completed form and impression sheet from the applicant;	33884

(b) Forward the completed form and impression sheet to the	33885
superintendent of the bureau of criminal identification and	33886
investigation.	33887

(3) An applicant provided the form and fingerprint impression	33888
sheet under division (B)(2)(a) of this section who fails to	33889
complete the form or provide fingerprint impressions shall not be	33890
employed in any position for which a criminal records check is	33891
required by this section.	33892

(C)(1) Except as provided in rules adopted by the ~~public~~	33893
director of health ~~council~~ in accordance with division (F) of this	33894
section and subject to division (C)(2) of this section, no hospice	33895
care program shall employ a person in a position that involves	33896
providing direct care to an older adult if the person has been	33897
convicted of or pleaded guilty to any of the following:	33898

(a) A violation of section 2903.01, 2903.02, 2903.03,	33899
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	33900
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,	33901
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,	33902
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,	33903
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,	33904
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,	33905
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,	33906
2925.22, 2925.23, or 3716.11 of the Revised Code.	33907

(b) A violation of an existing or former law of this state,	33908
any other state, or the United States that is substantially	33909
equivalent to any of the offenses listed in division (C)(1)(a) of	33910
this section.	33911

(2)(a) A hospice care program may employ conditionally an	33912
applicant for whom a criminal records check request is required	33913
under division (B) of this section prior to obtaining the results	33914
of a criminal records check regarding the individual, provided	33915
that the program shall request a criminal records check regarding	33916
the individual in accordance with division (B)(1) of this section	33917
not later than five business days after the individual begins	33918
conditional employment. In the circumstances described in division	33919
(I)(2) of this section, a hospice care program may employ	33920
conditionally an applicant who has been referred to the hospice	33921
care program by an employment service that supplies full-time,	33922
part-time, or temporary staff for positions involving the direct	33923
care of older adults and for whom, pursuant to that division, a	33924
criminal records check is not required under division (B) of this	33925
section.	33926

(b) A hospice care program that employs an individual	33927
conditionally under authority of division (C)(2)(a) of this	33928
section shall terminate the individual's employment if the results	33929
of the criminal records check requested under division (B) of this	33930
section or described in division (I)(2) of this section, other	33931
than the results of any request for information from the federal	33932
bureau of investigation, are not obtained within the period ending	33933
thirty days after the date the request is made. Regardless of when	33934
the results of the criminal records check are obtained, if the	33935
results indicate that the individual has been convicted of or	33936
pleaded guilty to any of the offenses listed or described in	33937
division (C)(1) of this section, the program shall terminate the	33938
individual's employment unless the program chooses to employ the	33939
individual pursuant to division (F) of this section. Termination	33940
of employment under this division shall be considered just cause	33941
for discharge for purposes of division (D)(2) of section 4141.29	33942
of the Revised Code if the individual makes any attempt to deceive	33943
the program about the individual's criminal record.	33944

(D)(1) Each hospice care program shall pay to the bureau of	33945
criminal identification and investigation the fee prescribed	33946
pursuant to division (C)(3) of section 109.572 of the Revised Code	33947
for each criminal records check conducted pursuant to a request	33948
made under division (B) of this section.	33949

(2) A hospice care program may charge an applicant a fee not	33950
exceeding the amount the program pays under division (D)(1) of	33951
this section. A program may collect a fee only if both of the	33952
following apply:	33953

(a) The program notifies the person at the time of initial	33954
application for employment of the amount of the fee and that,	33955
unless the fee is paid, the person will not be considered for	33956
employment;	33957

(b) The medical assistance program established under Chapter	33958
5111. of the Revised Code does not reimburse the program the fee	33959
it pays under division (D)(1) of this section.	33960

(E) The report of a criminal records check conducted pursuant	33961
to a request made under this section is not a public record for	33962
the purposes of section 149.43 of the Revised Code and shall not	33963
be made available to any person other than the following:	33964

(1) The individual who is the subject of the criminal records	33965
check or the individual's representative;	33966

(2) The chief administrator of the program requesting the	33967
criminal records check or the administrator's representative;	33968

(3) The administrator of any other facility, agency, or	33969
program that provides direct care to older adults that is owned or	33970
operated by the same entity that owns or operates the hospice care	33971
program;	33972

(4) A court, hearing officer, or other necessary individual	33973
involved in a case dealing with a denial of employment of the	33974
applicant or dealing with employment or unemployment benefits of	33975
the applicant;	33976

(5) Any person to whom the report is provided pursuant to,	33977
and in accordance with, division (I)(1) or (2) of this section.	33978

(F) The ~~public~~director of health ~~council~~ shall adopt rules	33979
in accordance with Chapter 119. of the Revised Code to implement	33980
this section. The rules shall specify circumstances under which a	33981
hospice care program may employ a person who has been convicted of	33982
or pleaded guilty to an offense listed or described in division	33983
(C)(1) of this section but meets personal character standards set	33984
by the ~~council~~director.	33985

(G) The chief administrator of a hospice care program shall	33986
inform each individual, at the time of initial application for a	33987
position that involves providing direct care to an older adult,	33988
that the individual is required to provide a set of fingerprint	33989
impressions and that a criminal records check is required to be	33990
conducted if the individual comes under final consideration for	33991
employment.	33992

(H) In a tort or other civil action for damages that is	33993
brought as the result of an injury, death, or loss to person or	33994
property caused by an individual who a hospice care program	33995
employs in a position that involves providing direct care to older	33996
adults, all of the following shall apply:	33997

(1) If the program employed the individual in good faith and	33998
reasonable reliance on the report of a criminal records check	33999
requested under this section, the program shall not be found	34000
negligent solely because of its reliance on the report, even if	34001
the information in the report is determined later to have been	34002
incomplete or inaccurate;	34003

(2) If the program employed the individual in good faith on a	34004
conditional basis pursuant to division (C)(2) of this section, the	34005
program shall not be found negligent solely because it employed	34006
the individual prior to receiving the report of a criminal records	34007
check requested under this section;	34008

(3) If the program in good faith employed the individual	34009
according to the personal character standards established in rules	34010
adopted under division (F) of this section, the program shall not	34011
be found negligent solely because the individual prior to being	34012
employed had been convicted of or pleaded guilty to an offense	34013
listed or described in division (C)(1) of this section.	34014

(I)(1) The chief administrator of a hospice care program is	34015
not required to request that the superintendent of the bureau of	34016
criminal identification and investigation conduct a criminal	34017
records check of an applicant if the applicant has been referred	34018
to the program by an employment service that supplies full-time,	34019
part-time, or temporary staff for positions involving the direct	34020
care of older adults and both of the following apply:	34021

(a) The chief administrator receives from the employment	34022
service or the applicant a report of the results of a criminal	34023
records check regarding the applicant that has been conducted by	34024
the superintendent within the one-year period immediately	34025
preceding the applicant's referral;	34026

(b) The report of the criminal records check demonstrates	34027
that the person has not been convicted of or pleaded guilty to an	34028
offense listed or described in division (C)(1) of this section, or	34029
the report demonstrates that the person has been convicted of or	34030
pleaded guilty to one or more of those offenses, but the hospice	34031
care program chooses to employ the individual pursuant to division	34032
(F) of this section.	34033

(2) The chief administrator of a hospice care program is not	34034
required to request that the superintendent of the bureau of	34035
criminal identification and investigation conduct a criminal	34036
records check of an applicant and may employ the applicant	34037
conditionally as described in this division, if the applicant has	34038
been referred to the program by an employment service that	34039
supplies full-time, part-time, or temporary staff for positions	34040
involving the direct care of older adults and if the chief	34041
administrator receives from the employment service or the	34042
applicant a letter from the employment service that is on the	34043
letterhead of the employment service, dated, and signed by a	34044
supervisor or another designated official of the employment	34045
service and that states that the employment service has requested	34046
the superintendent to conduct a criminal records check regarding	34047
the applicant, that the requested criminal records check will	34048
include a determination of whether the applicant has been	34049
convicted of or pleaded guilty to any offense listed or described	34050
in division (C)(1) of this section, that, as of the date set forth	34051
on the letter, the employment service had not received the results	34052
of the criminal records check, and that, when the employment	34053
service receives the results of the criminal records check, it	34054
promptly will send a copy of the results to the hospice care	34055
program. If a hospice care program employs an applicant	34056
conditionally in accordance with this division, the employment	34057
service, upon its receipt of the results of the criminal records	34058
check, promptly shall send a copy of the results to the hospice	34059
care program, and division (C)(2)(b) of this section applies	34060
regarding the conditional employment.	34061

Sec. 3713.01. As used in sections 3713.01 to 3713.10 of the	34062
Revised Code:	34063

(A) "Person" has the same meaning as used in division (C) of	34064
section 1.59 of the Revised Code and also means any limited	34065
company, limited liability partnership, joint stock company, or	34066
other association.	34067

(B) "Bedding" means any upholstered furniture, any mattress,	34068
upholstered spring, comforter, bolster, pad, cushion, pillow,	34069
mattress protector, quilt, and any other upholstered article, to	34070
be used for sleeping, resting, or reclining purposes, and any	34071
glider, hammock, or other substantially similar article that is	34072
wholly or partly upholstered.	34073

(C) "Secondhand" means any article, or material, or portion	34074
thereof of which prior use has been made in any manner whatsoever.	34075

(D) "Remade, repaired, or renovated articles not for sale"	34076
means any article that is remade, repaired, or renovated for and	34077
is returned to the owner for the owner's own use.	34078

(E) "Sale," "sell," or "sold" shall, in the corresponding	34079
tense, mean sell, offer to sell, or deliver or consign in sale, or	34080
possess with intent to sell, or deliver in sale.	34081

(F) "Upholstered furniture" means any article of furniture	34082
wholly or partly stuffed or filled with material and that is used	34083
or intended for use for sitting, resting, or reclining purposes.	34084

(G) "Stuffed toy" means any article intended for use as a	34085
plaything or for an educational or recreational purpose that is	34086
wholly or partially stuffed with material.	34087

(H) "Tag" or "label" means any material prescribed by the	34088
superintendent of ~~labor~~industrial compliance to be attached to an	34089
article that contains information required under this chapter.	34090

Sec. 3713.02. (A) Except as provided in section 3713.05 of	34091
the Revised Code, no person shall import, manufacture, renovate,	34092
wholesale, or reupholster stuffed toys or articles of bedding in	34093
this state without first registering to do so with the	34094
superintendent of ~~labor~~industrial compliance in accordance with	34095
section 3713.05 of the Revised Code.	34096

(B) No person shall manufacture, offer for sale, sell,	34097
deliver, or possess for the purpose of manufacturing, selling, or	34098
delivering, an article of bedding or a stuffed toy that is not	34099
labeled in accordance with section 3713.08 of the Revised Code.	34100

(C) No person shall manufacture, offer for sale, sell,	34101
deliver, or possess for the purpose of manufacturing, selling, or	34102
delivering, an article of bedding or a stuffed toy that is falsely	34103
labeled.	34104

(D) No person shall sell or offer for sale any secondhand	34105
article of bedding or any secondhand stuffed toy that has not been	34106
sanitized in accordance with section 3713.08 of the Revised Code.	34107

(E) The possession of any article of bedding or stuffed toy	34108
in the course of business by a person required to obtain	34109
registration under this chapter, or by that person's agent or	34110
servant shall be prima-facie evidence of the person's intent to	34111
sell the article of bedding or stuffed toy.	34112

Sec. 3713.03. The superintendent of ~~labor~~industrial	34113
compliance in the department of commerce shall administer and	34114
enforce this chapter.	34115

Sec. 3713.04. (A) In accordance with Chapter 119. of the	34116
Revised Code, the superintendent of ~~labor~~industrial compliance	34117
shall:	34118

(1) Adopt rules pertaining to the definition, name, and	34119
description of materials necessary to carry out this chapter;	34120

(2) Determine the testing standards, fees, and charges to be	34121
paid for making any test or analysis required pursuant to section	34122
3713.08 of the Revised Code.	34123

(B) In accordance with Chapter 119. of the Revised Code, the	34124
superintendent may adopt rules regarding the following:	34125

(1) Establishing an initial application fee or an annual	34126
registration renewal fee not more than fifty per cent higher than	34127
the fees set forth in section 4713.05 of the Revised Code;	34128

(2) Establishing standards, on a reciprocal basis, for the	34129
acceptance of labels and laboratory analyses from other states	34130
where the labeling requirements and laboratory analysis standards	34131
are substantially equal to the requirements of this state,	34132
provided the other state extends similar reciprocity to labels and	34133
laboratory analysis conducted under this chapter;	34134

(3) Any other rules necessary to administer and carry out	34135
this chapter.	34136

34137

(1) Issue administrative orders, conduct hearings, and take	34138
all actions necessary under the authority of Chapter 119. of the	34139
Revised Code for the administration of this chapter. The authority	34140
granted under this division shall include the authority to	34141
suspend, revoke, or deny registration under this chapter.	34142

(2) Establish and maintain facilities within the department	34143
of commerce to make tests and analysis of materials used in the	34144
manufacture of bedding and stuffed toys. The superintendent also	34145
may designate established laboratories in various sections of the	34146
state that are qualified to make these tests. If the	34147
superintendent exercises this authority, the superintendent shall	34148
adopt rules to determine the fees and charges to be paid for	34149
making the tests or analyses authorized under this section.	34150

(3) Exercise such other powers and duties as are necessary to	34151
carry out the purpose and intent of this chapter.	34152

Sec. 3713.05. (A) Applications to register to import,	34153
manufacture, renovate, wholesale, make, or reupholster stuffed	34154
toys or bedding in this state shall be made in writing on forms	34155
provided by the superintendent of ~~labor~~industrial compliance. The	34156
application shall be accompanied by a registration fee of fifty	34157
dollars per person unless the applicant engages only in	34158
renovation, in which case the registration fee shall be	34159
thirty-five dollars.	34160

(B) Upon receipt of the application and the appropriate fee,	34161
the superintendent shall register the applicant and assign a	34162
registration number to the registrant.	34163

(C) Notwithstanding section 3713.02 of the Revised Code and	34164
division (A) of this section, the following are exempt from	34165
registration:	34166

(1) An organization described in section 501(c)(3) of the	34167
"Internal Revenue Code of 1986," and exempt from income tax under	34168
section 501(a) of that code and that is operated exclusively to	34169
provide recreation or social services;	34170

(2) A person who is not regularly engaged in the business of	34171
manufacturing, making, wholesaling, or importing stuffed toys but	34172
who manufactures or makes stuffed toys as a leisure pursuit and	34173
who sells one hundred or fewer stuffed toys within one calendar	34174
year;	34175

(3) A person who is not regularly engaged in the business of	34176
manufacturing, making, wholesaling, or importing quilts,	34177
comforters, pillows, or cushions, but who manufactures or makes	34178
these items as a leisure pursuit and who sells five or fewer	34179
quilts, ten or fewer comforters, or twenty or fewer pillows or	34180
cushions within one calendar year.	34181

(D) Notwithstanding division (C)(2) or (3) of this section, a	34182
person exempt under that division must attach a label to each	34183
stuffed toy that contains all of the following information:	34184

(1) The person's name and address;

34185

(2) A statement that the person is not registered by the	34186
state of Ohio;	34187

(3) A statement that the contents of the product have not	34188
been inspected.	34189

Sec. 3713.06. (A) Any person required to register under	34190
division (A) of section 3713.02 of the Revised Code who imports	34191
bedding or stuffed toys into this state for retail sale or use in	34192
this state and any person required to register under division (A)	34193
of section 3713.02 of the Revised Code who manufactures bedding or	34194
stuffed toys in this state for retail sale or use in this state	34195
shall submit a report to the superintendent of ~~labor~~industrial	34196
compliance, in a form and manner prescribed by the superintendent.	34197
The form shall be submitted once every six months and shall show	34198
the total number of items of bedding or stuffed toys imported into	34199
this state or manufactured in this state. Each report shall be	34200
accompanied by a fee of four cents for each item of bedding or	34201
stuffed toy imported into this state or manufactured in this	34202
state.	34203

(B) Every importer, manufacturer, or wholesaler of stuffed	34204
toys or articles of bedding, and every mobile home and	34205
recreational vehicle dealer, conversion van dealer, secondhand	34206
dealer, and auction house shall retain records, designated by the	34207
superintendent in rule, for the time period established in rule.	34208

(C) Every importer, manufacturer, or wholesaler of stuffed	34209
toys or articles of bedding, and every mobile home and	34210
recreational vehicle dealer, conversion van dealer, secondhand	34211
dealer, and auction house shall make sufficient investigation of	34212
its records to ensure that the information reported to the	34213
superintendent under division (A) of this section is accurate.	34214

Sec. 3713.07. (A) Registration obtained under this chapter	34215
expires annually on the last day of the month in the month that	34216
the registration was obtained. The superintendent of ~~labor~~	34217
industrial compliance shall renew the registration in accordance	34218
with Chapter 4745. of the Revised Code.	34219

(B) Failure on the part of any registrant to renew	34220
registration prior to its expiration, when notified as required in	34221
this section, shall not deprive the person of the right to renewal	34222
within the ninety days that follow expiration, but the fee to be	34223
paid for renewal after its expiration shall be one hundred dollars	34224
plus the standard registration fee for the registrant.	34225

(C) If a registrant fails to renew registration within ninety	34226
days of the date that it expired, the former registrant shall	34227
comply with the registration requirements under section 3713.05 of	34228
the Revised Code to obtain valid registration.	34229

Sec. 3713.08. (A) All persons required to register under	34230
division (A) of section 3713.02 of the Revised Code manufacturing,	34231
making, or wholesaling bedding or stuffed toys, or both, that are	34232
sold or offered for sale shall have the material content of their	34233
products tested and analyzed at an established laboratory	34234
designated by the superintendent of ~~labor~~industrial compliance	34235
before the bedding or stuffed toys are sold or offered for sale.	34236

(B) Every stuffed toy or item of bedding sold or offered for	34237
sale shall have a label affixed to it that reports the contents of	34238
the stuffed toy or bedding material in conformity with	34239
requirements established by the superintendent, a registration	34240
number, and any other identifying information as required by the	34241
superintendent.	34242

(C) The seller of any secondhand articles of bedding or	34243
stuffed toys shall sanitize all items in accordance with rules	34244
established by the superintendent prior to the sale of or the	34245
offering for sale of any secondhand articles.	34246

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

34247

(1) Persons who meet the qualifications of division (C)(2) or	34248
(3) of section 3713.05 of the Revised Code;	34249

(2) The sale of furniture more than fifty years old;

34250

(3) The sale of furniture from the home of the owner directly	34251
to the purchaser.	34252

Sec. 3713.09. (A) The superintendent of ~~labor~~industrial	34253
compliance may appoint inspectors and periodically inspect and	34254
investigate any establishment where bedding or stuffed toys are	34255
manufactured, made, remade, renovated, repaired, sanitized, sold,	34256
or offered for sale, or where previously used material is	34257
processed for use in the manufacture of bedding or stuffed toys.	34258

(1) Each inspector shall make a written report to the	34259
superintendent of each examination and inspection complete with	34260
the inspector's findings and recommendations. Inspectors may place	34261
"off sale" any article of bedding or stuffed toy offered for sale,	34262
or found in the possession of any person with the intent to sell,	34263
in violation of section 3713.02 of the Revised Code. Inspectors	34264
shall perform other duties related to inspection and examination	34265
as prescribed by the superintendent.	34266

(2) When articles are placed "off sale" under division (A)(1)	34267
of this section, they shall be tagged, and the tag shall not be	34268
removed except by an authorized representative of the division of	34269
~~labor~~industrial compliance after the violator demonstrates to the	34270
satisfaction of the superintendent proof of compliance with the	34271
requirements of section 3713.08 of the Revised Code.	34272

(B)(1) When an inspector has cause to believe that any	34273
bedding or stuffed toy is not tagged or labeled in accordance with	34274
section 3713.08 of the Revised Code, the inspector may open any	34275
seam of the bedding or stuffed toy in question to examine the	34276
material used or contained within it and take a reasonable amount	34277
of the material for testing and analysis and, if necessary,	34278
examine any and all purchase records in order to determine the	34279
contents or the kind of material used in the bedding or stuffed	34280
toy in question. An inspector may seize and hold evidence of any	34281
article of bedding, stuffed toy, or material manufactured, made,	34282
possessed, renovated, remade, or repaired, sold, or offered for	34283
sale contrary to this chapter.	34284

(2) Immediately after seizing articles believed to be in	34285
violation of this chapter, the inspector immediately shall report	34286
the seizure to the superintendent. The superintendent shall hold a	34287
hearing in accordance with Chapter 119. of the Revised Code or	34288
make a ruling in the matter. If the superintendent finds that the	34289
article of bedding, stuffed toy, or material is not in violation	34290
of this chapter, the superintendent shall order the item or items	34291
returned to the owner. If the superintendent finds a violation of	34292
this chapter, the superintendent may do either of the following:	34293

(a) Return the articles to the owner for proper treatment,	34294
tagging or labeling, or other action as ordered by the	34295
superintendent, subject to the requirement that the articles be	34296
reinspected at cost to the owner, prior to being sold or offered	34297
for sale;	34298

(b) Report the violation to the appropriate prosecuting	34299
attorney or city law director.	34300

(C) The superintendent, at reasonable times and upon	34301
reasonable notice, may examine or cause to be examined the records	34302
of any importer, manufacturer, or wholesaler of stuffed toys or	34303
articles of bedding, mobile home and recreational vehicle dealer,	34304
conversion van dealer, secondhand dealer, or auction house to	34305
determine compliance with this chapter. The superintendent may	34306
enter into contracts, pursuant to procedures prescribed by the	34307
superintendent, with persons to examine these records to determine	34308
compliance with this chapter. These persons may collect and remit	34309
to the superintendent any amounts due under this chapter.	34310

(D) Records audited pursuant to division (C) of this section	34311
are confidential and shall not be disclosed except as required by	34312
section 149.43 of the Revised Code, or as the superintendent finds	34313
necessary for the proper administration of this chapter.	34314

(E) In the case of any investigation or examination, or both,	34315
that requires investigation or examination outside of this state	34316
of any importer, manufacturer, or wholesaler of stuffed toys or	34317
articles of bedding, or of any mobile home or recreational vehicle	34318
dealer, conversion van dealer, secondhand dealer, or auction	34319
house, the superintendent may require the investigated or examined	34320
person to pay the actual expense of the investigation or	34321
examination. The superintendent shall provide an itemized	34322
statement of actual expenses to the investigated or examined	34323
person.	34324

(F) Whenever the superintendent has reason to believe, from	34325
the superintendent's own information, upon complaint, or	34326
otherwise, that any person has engaged in, is engaging in, or is	34327
about to engage in any practice prohibited by this chapter, or	34328
when the superintendent has reason to believe that it is necessary	34329
for public health and safety, the superintendent may do any of the	34330
following:	34331

(1) Investigate violations of this chapter, and for that	34332
purpose, may subpoena witnesses in connection with the	34333
investigation. The superintendent may make application to the	34334
appropriate court of common pleas for an order enjoining the	34335
violation of this chapter, and upon a showing by the	34336
superintendent that any registrant or person acting in a manner	34337
that requires registration has violated or is about to violate	34338
this chapter, an injunction, restraining order, or other order as	34339
may be appropriate shall be granted by the court.	34340

(2) Compel by subpoena the attendance of witnesses to testify	34341
in relation to any matter over which the superintendent has	34342
jurisdiction and that is the subject of inquiry and investigation	34343
by the superintendent, and require the production of any book,	34344
paper, or document pertaining to the matter. In case any person	34345
fails to file any statement or report, obey any subpoena, give	34346
testimony, or produce any books, records, or papers as required by	34347
a subpoena, the court of common pleas of any county in the state,	34348
upon application made to it by the superintendent, shall compel	34349
obedience by attachment proceedings for contempt.	34350

(3) Suspend or revoke the registration of any importer,	34351
manufacturer, or wholesaler of stuffed toys or articles of	34352
bedding, mobile home or recreational vehicle dealer, conversion	34353
van dealer, secondhand dealer, or auction house;	34354

(4) Submit evidence of the violation or violations to any	34355
city prosecutor, city director of law, or prosecuting attorney	34356
with authority to prosecute. If the city prosecutor, city director	34357
of law, or prosecuting attorney with authority to prosecute fails	34358
to prosecute, the superintendent shall submit the evidence to the	34359
attorney general who may proceed with the prosecution.	34360

Sec. 3713.10. All money collected under this chapter shall	34361
be deposited into the state treasury to the credit of the ~~labor~~	34362
industrial compliance operating fund created under section 121.084	34363
of the Revised Code.	34364

Sec. 3714.073. (A) In addition to the fee levied under	34365
division (A)(1) of section 3714.07 of the Revised Code, beginning	34366
July 1, 2005, there is hereby levied on the disposal of	34367
construction and demolition debris at a construction and	34368
demolition debris facility that is licensed under this chapter or	34369
at a solid waste facility that is licensed under Chapter 3734. of	34370
the Revised Code the following fees:	34371

(1) A fee of twelve and one-half cents per cubic yard or	34372
twenty-five cents per ton, as applicable, the proceeds of which	34373
shall be deposited in the state treasury to the credit of the soil	34374
and water conservation district assistance fund created in section	34375
1515.14 of the Revised Code;	34376

(2) A fee of thirty-seven and one-half cents per cubic yard	34377
or seventy-five cents per ton, as applicable, the proceeds of	34378
which shall be deposited in the state treasury to the credit of	34379
the recycling and litter prevention fund created in section	34380
~~1502.02~~3736.03 of the Revised Code.	34381

(B) The owner or operator of a construction and demolition	34382
debris facility or a solid waste facility, as a trustee of the	34383
state, shall collect the fees levied under this section and remit	34384
the money from the fees in the manner that is established in	34385
divisions (A)(2) and (3) of section 3714.07 of the Revised Code	34386
for the fee that is levied under division (A)(1) of that section	34387
and may enter into an agreement for the quarterly payment of the	34388
fees in the manner established in division (B) of that section for	34389
the quarterly payment of the fee that is levied under division	34390
(A)(1) of that section.	34391

(C) The money that is collected from a construction and	34392
demolition debris facility or a solid waste facility and remitted	34393
to a board of health or the director of environmental protection,	34394
as applicable, pursuant to this section shall be transmitted by	34395
the board or director to the treasurer of state not later than	34396
forty-five days after the receipt of the money to be credited to	34397
the soil and water conservation district assistance fund or the	34398
recycling and litter prevention fund, as applicable.	34399

(D) This section does not apply to the disposal of	34400
construction and demolition debris at a solid waste facility that	34401
is licensed under Chapter 3734. of the Revised Code if the owner	34402
or operator of the facility chooses to collect fees on the	34403
disposal of the construction and demolition debris that are	34404
identical to the fees that are collected under Chapters 343. and	34405
3734. of the Revised Code on the disposal of solid wastes at that	34406
facility.	34407

(E) This section does not apply to the disposal of source	34408
separated materials that are exclusively composed of reinforced or	34409
nonreinforced concrete, asphalt, clay tile, building or paving	34410
brick, or building or paving stone at a construction and	34411
demolition debris facility that is licensed under this chapter	34412
when either of the following applies:	34413

(1) The materials are placed within the limits of	34414
construction and demolition debris placement at the facility as	34415
specified in the license issued to the facility under section	34416
3714.06 of the Revised Code, are not placed within the unloading	34417
zone of the facility, and are used as a fire prevention measure in	34418
accordance with rules adopted by the director under section	34419
3714.02 of the Revised Code.	34420

(2) The materials are not placed within the unloading zone of	34421
the facility or within the limits of construction and demolition	34422
debris placement at the facility as specified in the license	34423
issued to the facility under section 3714.06 of the Revised Code,	34424
but are used as fill material, either alone or in conjunction with	34425
clean soil, sand, gravel, or other clean aggregates, in legitimate	34426
fill operations for construction purposes at the facility or to	34427
bring the facility up to a consistent grade.	34428

Sec. 3715.01. (A) As used in this chapter:

34429

(1) ~~"Public health council" means the public health council~~	34430
~~established by section 3701.33 of the Revised Code.~~	34431

~~(2)~~ "Person" means an individual, partnership, corporation,	34432
or association.	34433

~~(3)~~(2) "Food" means:

34434

(a) Articles used for food or drink for humans or animals;

34435

(b) Chewing gum;

34436

34437

~~(4)~~(3) "Drug" means:

34438

(a) Articles recognized in the United States pharmacopoeia	34439
and national formulary, or any supplement to them;	34440

(b) Articles intended for use in the diagnosis, cure,	34441
mitigation, treatment, or prevention of disease in humans or	34442
animals;	34443

(c) Articles, other than food, intended to affect the	34444
structure or any function of the body of humans or other animals;	34445

(d) Articles intended for use as a component of any of the	34446
foregoing articles, other than devices or their components, parts,	34447
or accessories.	34448

~~(5)~~(4) "Device," except when used in division (B)(1) of this	34449
section and in division (A)(10) of section 3715.52, division (F)	34450
of section 3715.60, division (A)(5) of section 3715.64, and	34451
division (C) of section 3715.67 of the Revised Code, means any	34452
instrument, apparatus, implement, machine, contrivance, implant,	34453
in vitro reagent, or other similar or related article, including	34454
any component, part, or accessory, that is any of the following:	34455

(a) Recognized in the United States pharmacopoeia and	34456
national formulary, or any supplement to them;	34457

(b) Intended for use in the diagnosis of disease or other	34458
conditions, or in the cure, mitigation, treatment, or prevention	34459
of disease in humans or animals;	34460

(c) Intended to affect the structure or any function of the	34461
body of humans or animals, and that does not achieve any of its	34462
principal intended purposes through chemical action within or on	34463
the body of humans or animals and is not dependent upon being	34464
metabolized for the achievement of any of its principal intended	34465
purposes.	34466

~~(6)~~(5) "Cosmetic" means:

34467

(a) Articles intended to be rubbed, poured, sprinkled, or	34468
sprayed on, introduced into, or otherwise applied to the human	34469
body or any part thereof for cleansing, beautifying, promoting	34470
attractiveness, or altering the appearance;	34471

(b) Articles intended for use as a component of any such	34472
article, except that "cosmetic" does not include soap.	34473

~~(7)~~(6) "Label" means a display of written, printed, or	34474
graphic matter upon the immediate container, exclusive of package	34475
liners, of any article.	34476

Any word, statement, or other information required by this	34477
chapter to appear on the label must appear on the outside	34478
container or wrapper, if any, of the retail package of the	34479
article, or the label must be easily legible through the outside	34480
container or wrapper.	34481

~~(8)~~(7) "Labeling" means all labels and other written,	34482
printed, or graphic matter:	34483

(a) Upon an article or any of its containers or wrappers;

34484

(b) Accompanying such article.

34485

~~(9)~~(8) "Advertisement" means all representations disseminated	34486
in any manner or by any means, other than by labeling, for the	34487
purpose of inducing, or that are likely to induce, directly or	34488
indirectly, the purchase of food, drugs, devices, or cosmetics.	34489

~~(10)~~(9) "New drug" means:

34490

(a) Any drug the composition of which is such that the drug	34491
is not generally recognized among experts qualified by scientific	34492
training and experience to evaluate the safety of drugs, as safe	34493
for use under the conditions prescribed, recommended, or suggested	34494
in the labeling thereof;	34495

(b) Any drug the composition of which is such that the drug,	34496
as a result of investigation to determine its safety for use under	34497
such conditions, has become so recognized, but that has not, other	34498
than in an investigation, been used to a material extent or for a	34499
material time under such conditions.	34500

~~(11)~~(10) "Contaminated with filth" applies to any food, drug,	34501
device, or cosmetic that has not been protected as far as may be	34502
necessary by all reasonable means from dust, dirt, and all foreign	34503
or injurious substances.	34504

~~(12)~~(11) "Honey" means the nectar and saccharine exudation of	34505
plants that has been gathered, modified, and stored in a honeycomb	34506
by honeybees.	34507

~~(13)~~(12) "Finished dosage form" means the form of a drug that	34508
is, or is intended to be, dispensed or administered to humans or	34509
animals and requires no further manufacturing or processing other	34510
than packaging, reconstituting, or labeling.	34511

~~(14)~~(13)(a) "Manufacture" means the planting, cultivating,	34512
harvesting, processing, making, preparing, or otherwise engaging	34513
in any part of the production of a drug by propagating,	34514
compounding, converting, or processing, either directly or	34515
indirectly by extracting from substances of natural origin, or	34516
independently by means of chemical synthesis, or by a combination	34517
of extraction and chemical synthesis, and includes the following:	34518

(i) Any packaging or repackaging of the drug or labeling or	34519
relabeling of its container, the promotion and marketing of the	34520
drug, and other activities incident to production;	34521

(ii) The preparation and promotion of commercially available	34522
products from bulk compounds for resale by pharmacies, licensed	34523
health professionals authorized to prescribe drugs, or other	34524
persons.	34525

(b) "Manufacture" does not include the preparation,	34526
compounding, packaging, or labeling of a drug by a pharmacist as	34527
an incident to either of the following:	34528

(i) Dispensing a drug in the usual course of professional	34529
practice;	34530

(ii) Providing a licensed health professional authorized to	34531
prescribe drugs with a drug for the purpose of administering to	34532
patients or for using the drug in treating patients in the	34533
professional's office.	34534

~~(15)~~(14) "Dangerous drug" has the same meaning as in section	34535
4729.01 of the Revised Code.	34536

~~(16)~~(15) "Generically equivalent drug" means a drug that	34537
contains identical amounts of the identical active ingredients,	34538
but not necessarily containing the same inactive ingredients, that	34539
meets the identical compendial or other applicable standard of	34540
identity, strength, quality, and purity, including potency, and	34541
where applicable, content uniformity, disintegration times, or	34542
dissolution rates, as the prescribed brand name drug and the	34543
manufacturer or distributor holds, if applicable, either an	34544
approved new drug application or an approved abbreviated new drug	34545
application unless other approval by law or from the federal food	34546
and drug administration is required.	34547

No drug shall be considered a generically equivalent drug for	34548
the purposes of this chapter if it has been listed by the federal	34549
food and drug administration as having proven bioequivalence	34550
problems.	34551

~~(17)~~(16) "Licensed health professional authorized to	34552
prescribe drugs" and "prescriber" have the same meanings as in	34553
section 4729.01 of the Revised Code.	34554

~~(18)~~(17) "Home" means the primary residence occupied by the	34555
residence's owner, on the condition that the residence contains	34556
only one stove or oven used for cooking, which may be a double	34557
oven, designed for common residence usage and not for commercial	34558
usage, and that the stove or oven be operated in an ordinary	34559
kitchen within the residence.	34560

~~(19)~~(18) "Potentially hazardous food" means a food that is	34561
natural or synthetic, to which any of the following apply:	34562

(a) It has a pH level greater than 4.6 when measured at	34563
seventy-five degrees fahrenheit or twenty-four degrees celsius.	34564

(b) It has a water activity value greater than 0.85.

34565

(c) It requires temperature control because it is in a form	34566
capable of supporting the rapid and progressive growth of	34567
infectious or toxigenic microorganisms, the growth and toxin	34568
production of clostridium botulinium, or in the case of raw shell	34569
eggs, the growth of salmonella enteritidis.	34570

~~(20)~~(19) "Cottage food production operation" means a person	34571
who, in the person's home, produces food items that are not	34572
potentially hazardous foods, including bakery products, jams,	34573
jellies, candy, fruit butter, and similar products specified in	34574
rules adopted pursuant to section 3715.025 of the Revised Code.	34575

(B) For the purposes of sections 3715.52 to 3715.72 of the	34576
Revised Code:	34577

(1) If an article is alleged to be misbranded because the	34578
labeling is misleading, or if an advertisement is alleged to be	34579
false because it is misleading, then in determining whether the	34580
labeling or advertisement is misleading, there shall be taken into	34581
account, among other things, not only representations made or	34582
suggested by statement, word, design, device, sound, or in any	34583
combination thereof, but also the extent to which the labeling or	34584
advertisement fails to reveal facts material in the light of such	34585
representations or material with respect to consequence which may	34586
result from the use of the article to which the labeling or	34587
advertisement relates under the conditions of use prescribed in	34588
the labeling or advertisement thereof or under such conditions of	34589
use as are customary or usual.	34590

(2) The provisions regarding the selling of food, drugs,	34591
devices, or cosmetics include the manufacture, production,	34592
processing, packing, exposure, offer, possession, and holding of	34593
any such article for sale; and the sale, dispensing, and giving of	34594
any such article, and the supplying or applying of any such	34595
articles in the conduct of any food, drug, or cosmetic	34596
establishment. The provisions do not prohibit a licensed health	34597
professional authorized to prescribe drugs from administering or	34598
personally furnishing a drug or device to a patient.	34599

(3) The representation of a drug, in its labeling or	34600
advertisement, as an antiseptic is a representation that it is a	34601
germicide, except in the case of a drug purporting to be, or	34602
represented as, an antiseptic for inhibitory use as a wet	34603
dressing, ointment, dusting powder, or other use that involves	34604
prolonged contact with the body.	34605

(4) Whenever jurisdiction is vested in the director of	34606
agriculture or the state board of pharmacy, the jurisdiction of	34607
the board shall be limited to the sale, offering for sale, giving	34608
away, delivery, or dispensing in any manner of drugs at the	34609
wholesale and retail levels or to the consumer and shall be	34610
exclusive in the case of such sale, offering for sale, giving	34611
away, delivery, or dispensing in any manner of drugs at the	34612
wholesale and retail levels or to the consumer in any place where	34613
prescriptions are dispensed or compounded.	34614

(5) To assist in effectuating the provisions of those	34615
sections, the director of agriculture or state board of pharmacy	34616
may request assistance or data from any government or private	34617
agency or individual.	34618

Sec. 3715.025. (A) A cottage food production operation shall	34619
not process acidified foods, low acid canned foods, or potentially	34620
hazardous foods.	34621

(B) The director of agriculture shall adopt rules in	34622
accordance with Chapter 119. of the Revised Code specifying the	34623
food items a cottage food production operation may produce that	34624
are in addition to the food items identified by name in division	34625
(A)~~(20)~~(19) of section 3715.01 of the Revised Code. The director	34626
shall not adopt rules that permit a cottage food production	34627
operation to produce any food that is a potentially hazardous	34628
food.	34629

Sec. 3715.60. Food is misbranded within the meaning of	34630
sections 3715.01, 3715.02, 3715.022, and 3715.52 to 3715.72 of the	34631
Revised Code, if:	34632

(A) Its labeling is false or misleading in any particular.

34633

(B) It is offered for sale under the name of another food.

34634

(C) Its container is so made, formed, or filled as to be	34635
misleading.	34636

(D) It is an imitation of another food, unless its label	34637
bears in type of uniform size and prominence, the word	34638
"imitation," and immediately thereafter the name of the food	34639
imitated.	34640

(E) When it is in package form, it does not bear a label	34641
containing:	34642

(1) The name and place of business of the manufacturer,	34643
packer, or distributor;	34644

(2) An accurate statement of the quantity of the contents in	34645
terms of weight, measure, or numerical count; provided, that	34646
reasonable variations shall be permitted, and exemptions as to	34647
small packages shall be established by rules adopted by the	34648
director of agriculture;	34649

(3) In the case of food subject to section 3715.023 of the	34650
Revised Code, the information specified in that section.	34651

(F) Any word, statement, or other information required by or	34652
under authority of sections 3715.01, 3715.02, and 3715.52 to	34653
3715.72 of the Revised Code, to appear on the label or labeling is	34654
not prominently placed thereon with such conspicuousness as	34655
compared with other words, statements, designs, or devices, in the	34656
labeling, and in such terms as to render it likely to be read and	34657
understood by the ordinary individual under customary conditions	34658
of purchase and use.	34659

(G) It purports to be, or is represented as, a food for which	34660
a definition and standard of identity have been prescribed by	34661
statute, or by any rule adopted under an existing statute, or by	34662
rule as provided by section 3715.02 of the Revised Code, unless:	34663

(1) It conforms to such definition and standard.

34664

(2) Its label bears the name of the food specified in the	34665
definition and standard, and, insofar as may be required by such	34666
statute or rules, the common names of optional ingredients, other	34667
than spices, flavoring, and coloring, present in such food.	34668

(H) It purports to be or is represented as:

34669

(1) A food for which a standard of quality has been	34670
prescribed by rule as provided by section 3715.02 of the Revised	34671
Code and its quality falls below the standard unless its label	34672
bears, in the manner and form that the rules specify, a statement	34673
that it falls below the standard;	34674

(2) A food for which a standard or standards of fill of	34675
container have been prescribed by rule as provided by section	34676
3715.02 of the Revised Code, and it falls below the standard of	34677
fill of container applicable thereto, unless its label bears, in	34678
the manner and form that the rules specify, a statement that it	34679
falls below the standard.	34680

(I) It is not subject to the provisions of division (G) of	34681
this section, unless it bears labeling clearly giving:	34682

(1) The common or usual name of the food, if any;

34683

(2) In case it is fabricated from two or more ingredients,	34684
the common or usual name of each ingredient; except that spices,	34685
flavorings, and colorings, other than those sold as such, may be	34686
designated as spices, flavorings, and colorings, without naming	34687
each; provided, that, to the extent that compliance with the	34688
requirements of division (I)(2) of this section is impractical or	34689
results in deception or unfair competition, exemptions shall be	34690
established by rules adopted by the director; and provided that	34691
these requirements shall not apply to any carbonated beverage of	34692
which a full and correct statement of the ingredients, to the	34693
extent prescribed by division (I)(2) of this section, has been	34694
filed under oath with the director.	34695

(J) It purports to be or is represented to be for special	34696
dietary uses, unless its label bears such information concerning	34697
its vitamin, mineral, and other dietary properties as is provided	34698
by rules ~~proposed~~adopted by the director ~~and adopted by the~~	34699
~~public health council~~, as necessary, in order to fully inform	34700
purchasers as to its value for such uses.	34701

(K) It bears or contains any artificial flavoring, artificial	34702
coloring, or chemical preservative, unless it bears labeling	34703
stating that fact; provided, that to the extent that compliance	34704
with the requirements of this division is impracticable,	34705
exemptions shall be established by rules ~~proposed~~adopted by the	34706
director ~~and adopted by the public health council~~.	34707

Sec. 3715.61. (A) Whenever the director of agriculture finds	34708
after investigation that the distribution in this state of any	34709
class of food may, by reason of contamination with microorganisms	34710
during manufacture, processing, or packing thereof in any	34711
locality, be injurious to health, and that such injurious nature	34712
cannot be adequately determined after such articles have entered	34713
commerce, and in such case only, hethe director shall ~~propose~~	34714
~~regulations for adoption by the public health council~~adopt rules	34715
providing for the issuance, to manufacturers, processor, or	34716
packers of such class of food in such locality, of permits to	34717
which shall be attached such conditions governing the manufacture,	34718
processing, or packing of such class food, for such temporary	34719
period of time, as may be necessary to protect the public health;	34720
and after the effective date of such regulations, and during such	34721
temporary period, no person shall introduce or deliver for	34722
introduction into commerce any such food manufactured, processed,	34723
or packed by any such manufacturer, processor, or packer unless	34724
such manufacturer, processor, or packer holds a permit issued by	34725
the director as provided by such ~~regulations~~rules.	34726

(B) The director is authorized to suspend immediately upon	34727
notice any permit issued under authority of this section if it is	34728
found that any of the conditions of the permit have been violated.	34729
The holder of a permit so suspended shall be privileged at any	34730
time to apply for the reinstatement of such permit, and the	34731
director shall, immediately after prompt hearing and on inspection	34732
of the establishment, reinstate such permit if it is found that	34733
adequate measures have been taken to comply with and maintain the	34734
conditions of the permit, as originally issued, or as amended.	34735

(C) The director shall have access to any factory or	34736
establishment, the operator of which holds a permit from the	34737
director for the purpose of ascertaining whether or not the	34738
conditions of the permit are being complied with, and denial of	34739
access for such inspection shall be ground for suspension of the	34740
permit until such access is freely given by the operator.	34741

Sec. 3715.62. Any poisonous or deleterious substance added	34742
to any food, except where such substance is required in the	34743
production thereof or cannot be avoided by good manufacturing	34744
practice, shall be unsafe for purposes of the application of	34745
division (B) of section 3715.59 of the Revised Code, but when such	34746
substance is so required or cannot be so avoided, the director of	34747
agriculture shall ~~propose regulations for adoption by the public~~	34748
~~health council~~adopt rules limiting the quantity therein or	34749
thereon to such extent as the director finds necessary for the	34750
protection of public health, and any quantity exceeding the limits	34751
so fixed shall also be deemed to be unsafe for purposes of the	34752
application of division (B) of section 3715.59 of the Revised	34753
Code. While such a regulation is in effect limiting the quantity	34754
of any such substance in the case of any food, such food shall	34755
not, by reason of bearing or containing any added amount of such	34756
substance, be considered to be adulterated within the meaning of	34757
division (A) of section 3715.59 of the Revised Code. In	34758
determining the quantity of such added substance to be tolerated	34759
in or on different articles of food, the director shall take into	34760
account the extent to which the use of such substance is required	34761
or cannot be avoided in the production of each such article and	34762
the other ways in which the consumer may be affected by the same	34763
or other poisonous or deleterious substances.	34764

Sec. 3715.68. (A) An advertisement of food, drug, device, or	34765
cosmetic is false if it is false or misleading in any particular.	34766

(B) For the purpose of sections 3715.01 and 3715.52 to	34767
3715.72 of the Revised Code, the advertisement of a drug or device	34768
representing it to have any effect in albuminuria, appendicitis,	34769
arteriosclerosis, blood poison, bone disease, Bright's disease,	34770
cancer, carbuncles, cholecystitis, diabetes, diphtheria, dropsy,	34771
erysipelas, gallstones, heart and vascular diseases, high blood	34772
pressure, mastoiditis, measles, meningitis, mumps, nephritis,	34773
otitis media, paralysis, pneumonia, poliomyelitis (infantile	34774
paralysis), prostate gland disorders, pyelitis, scarlet fever,	34775
sexual impotence, sinus infection, tuberculosis, tumors, typhoid,	34776
uremia, venereal disease, is also false, except that no	34777
advertisement not in violation of division (A) of this section is	34778
false under this division if it is disseminated only to members of	34779
the medical, dental, pharmaceutical, or veterinary profession, or	34780
appears only in the scientific periodicals of these professions;	34781
provided, that whenever the director of agriculture determines	34782
that an advance in medical science has made any type of	34783
self-medication safe as to any of the diseases named above, the	34784
director shall ~~propose regulations for adoption by the public~~	34785
~~health council~~adopt rules authorizing the advertisement of drugs	34786
having curative or therapeutic effect for such disease, subject to	34787
such conditions and restrictions as the director may deem	34788
necessary in the interests of public health; provided, that this	34789
division shall not be construed as indicating that self-medication	34790
for diseases other than those named in this section is safe or	34791
efficacious.	34792

Sec. 3715.87. (A) As used in this section and in sections	34793
3715.871, 3715.872, and 3715.873 of the Revised Code:	34794

(1) "Controlled substance" has the same meaning as in section	34795
3719.01 of the Revised Code.	34796

(2) "Health care facility" has the same meaning as in section	34797
1337.11 of the Revised Code.	34798

(3) "Hospital" has the same meaning as in section 3727.01 of	34799
the Revised Code.	34800

(4) "Nonprofit clinic" means a charitable nonprofit	34801
corporation organized and operated pursuant to Chapter 1702. of	34802
the Revised Code, or any charitable organization not organized and	34803
not operated for profit, that provides health care services to	34804
indigent and uninsured persons as defined in section 2305.234 of	34805
the Revised Code. "Nonprofit clinic" does not include a hospital	34806
as defined in section 3727.01 of the Revised Code, a facility	34807
licensed under Chapter 3721. of the Revised Code, or a facility	34808
that is operated for profit.	34809

(5) "Prescription drug" means any drug to which the following	34810
applies:	34811

(a) Under the "Food, Drug, and Cosmetic Act," 52 Stat. 1040	34812
(1938), 21 U.S.C.A. 301, as amended, the drug is required to bear	34813
a label containing the legend, "Caution: Federal law prohibits	34814
dispensing without prescription" or "Caution: Federal law	34815
restricts this drug to use by or on the order of a licensed	34816
veterinarian" or any similar restrictive statement, or the drug	34817
may be dispensed only upon a prescription.	34818

(b) Under Chapter 3715. or 3719. of the Revised Code, the	34819
drug may be dispensed only upon a prescription.	34820

(B) The state board of pharmacy shall establish a drug	34821
repository program to accept and dispense prescription drugs	34822
donated or given for the purpose of being dispensed to individuals	34823
who are residents of this state and meet eligibility standards	34824
established in rules adopted by the board under section 3715.873	34825
of the Revised Code. Except as provided in division (C) of this	34826
section, all of the following conditions shall apply to the	34827
program:	34828

(1) Only drugs in their original sealed and tamper-evident	34829
unit dose packaging may be accepted and dispensed;	34830

(2) The packaging must be unopened, except that drugs	34831
packaged in single unit doses may be accepted and dispensed when	34832
the outside packaging is opened if the single unit dose packaging	34833
is undisturbed;	34834

(3) ~~Drugs donated by individuals bearing an expiration date~~	34835
~~that is less than six months from the date the drug is donated~~	34836
~~shall not be accepted or dispensed;~~	34837

~~(4)~~ A drug shall not be accepted or dispensed if there is	34838
reason to believe that it is adulterated as described in section	34839
3715.63 of the Revised Code.	34840

(C) Orally administered cancer drugs that are not controlled	34841
substances and that do not require refrigeration, freezing, or	34842
storage at a special temperature may be accepted and dispensed	34843
even if not in original sealed and tamper-evident unit dose	34844
packaging, subject to rules adopted by the board pursuant to	34845
section 3715.873 of the Revised Code.	34846

(D) Subject to the limitations specified in divisions (B) and	34847
(C) of this section, unused drugs dispensed for purposes of the	34848
medicaid program may be accepted and dispensed under the drug	34849
repository program.	34850

Sec. 3716.01. As used in sections 3716.01 to 3716.07,	34851
inclusive, of the Revised Code:	34852

(A) "Department" means the department of health.

34853

(B) "Director" means the director of health.

34854

(C) "Person" includes an individual, partnership,	34855
corporation, or association.	34856

(D) "Hazardous substance" means any substance or mixture of	34857
substances which is toxic, corrosive, an irritant, strong	34858
sensitizer, flammable, or which generates pressure through	34859
decomposition, heat, or other means, if such substance or mixture	34860
of substances may cause substantial personal injury or illness	34861
during any customary or reasonably anticipated handling or use.	34862

(E) "Toxic" applies to any substance which has the inherent	34863
capacity to produce bodily injury to man through ingestion,	34864
inhalation, or absorption through any body surface.	34865

(F)(1) "Highly toxic" means any substance which falls within	34866
any of the following categories:	34867

(a) Produces death within fourteen days in half or more than	34868
half of a group of ten or more laboratory white rats each weighing	34869
between two hundred and three hundred grams, at a single dose of	34870
fifty milligrams or less per kilogram of body weight, when orally	34871
administered;	34872

(b) Produces death within fourteen days in half or more than	34873
half of a group of ten or more laboratory white rats each weighing	34874
between two hundred and three hundred grams, when inhaled	34875
continuously for a period of one hour or less at an atmospheric	34876
concentration of two hundred parts per million by volume or less	34877
of gas, vapor, mist, or dust provided such concentration is likely	34878
to be encountered by ~~man~~a human being when the substance is used	34879
in any reasonably foreseeable manner;	34880

(c) Produces death within fourteen days in half or more than	34881
half of a group of ten or more rabbits tested in a dosage of two	34882
hundred milligrams or less per kilogram of body weight, when	34883
administered by continuous contact with the bare skin for	34884
twenty-four hours or less.	34885

(2) If the director finds that available data on human	34886
experience with any substance indicates results different from	34887
those obtained on animals in the above named dosages or	34888
concentrations, the human data shall take precedence.	34889

(G) "Corrosive" means any substance which in contact with	34890
living tissue will cause destruction of tissue by chemical action;	34891
but shall not refer to action on inanimate surfaces.	34892

(H) "Irritant" means any substance not corrosive within the	34893
meaning of division (G) of this section which on immediate,	34894
prolonged, or repeated contact with normal living tissue will	34895
induce a local inflammatory reaction.	34896

(I) "Strong sensitizer" means any substance which will cause	34897
on normal living tissue, through an allergic or photodynamic	34898
process, a hypersensitivity which becomes evident on reapplication	34899
of the same substance and which is designated as such by the	34900
director. Before designating any substance as a strong sensitizer,	34901
the director shall, after public hearing following due notice,	34902
find that the frequency of occurrence and severity of the reaction	34903
indicate a significant potential for causing hypersensitivity.	34904

(J) "Extremely flammable" applies to any substance which has	34905
a flash point at or below twenty degrees Fahrenheit as determined	34906
by the tagliabue open cut tester.	34907

(K) "Flammable" applies to any substance which has a flash	34908
point of above twenty degrees to and including eighty degrees	34909
Fahrenheit, as determined by the tagliabue open cut tester; except	34910
that the flammability of the contents of self-pressurized	34911
containers shall be determined by methods generally applicable to	34912
such containers and established by regulation of the ~~public health~~	34913
~~council~~director.	34914

(L) "Label" means a display of written, printed, or graphic	34915
matter upon or attached to the immediate package or container of	34916
any substance. Any word, statement, or other information required	34917
by sections 3716.01 to 3716.07, inclusive, of the Revised Code, to	34918
appear on the label must also appear (1) on the outside container	34919
or wrapper, if any, unless it is easily legible through the	34920
outside container or wrapper, and (2) on all accompanying	34921
literature where there are directions for use, written or	34922
otherwise.	34923

(M) "Immediate container" does not include package liners.

34924

(N) "Misbranded package" means any container of a hazardous	34925
substance intended or suitable for household use which fails to	34926
bear a label:	34927

(1) Which states conspicuously:

34928

(a) The name and place of business of the manufacturer,	34929
packer, or distributor;	34930

(b) The common or usual name, or the chemical name or the	34931
recognized generic name (not trade name only) of the hazardous	34932
substance or of each component which contributes substantially to	34933
its hazard;	34934

(c) The signal word "DANGER" on substances which are	34935
extremely flammable, corrosive, or which:	34936

(i) Produce death within fourteen days in half or more than	34937
half of a group of ten or more laboratory white rats each weighing	34938
between two hundred and three hundred grams, at a single dose of	34939
one gram or less per kilogram of body weight, when orally	34940
administered;	34941

(ii) Produce death within fourteen days in half or more than	34942
half of a group of ten or more laboratory white rats each weighing	34943
between two hundred and three hundred grams, when inhaled	34944
continuously for a period of one hour or less at an atmospheric	34945
concentration of two thousand parts per million by volume of gas,	34946
vapor, mist, or dust, provided such concentration is likely to be	34947
encountered by ~~man~~a human being when the substances are used in	34948
any reasonably foreseeable manner;	34949

(iii) Produce death within fourteen days in half or more than	34950
half of a group of ten or more rabbits tested in a dosage of one	34951
gram or less per kilogram of body weight, when administered by	34952
continuous contact with the bare skin for twenty-four hours or	34953
less;	34954

(iv) If the director finds that available data on human	34955
experience with any substance indicates results different from	34956
those obtained on animals in the above named dosages or	34957
concentrations, hethe director may require the use of the signal	34958
word "DANGER" on such substance or permit use of the signal word	34959
"WARNING" or "CAUTION" on such substance.	34960

(d) The signal word "WARNING" or "CAUTION" on all other	34961
hazardous substances;	34962

(e) An affirmative statement of the principal hazard or	34963
hazards, such as "Flammable," "Vapor Harmful," "Causes Burns,"	34964
"Absorbed Through Skin," or similar wording descriptive of the	34965
hazard;	34966

(f) Precautionary measures describing the action to be	34967
followed or avoided;	34968

(g) Instructions, when necessary, for the first-aid treatment	34969
in case of contact or exposure, if the substance is hazardous	34970
through contact or exposure;	34971

(h) The word "poison" for any hazardous substance which is	34972
defined as "highly toxic" by division (F) of this section;	34973

(i) Instructions for handling and storage of packages which	34974
require special care in handling or storage;	34975

(j) The statement "Keep out of the reach of children," or its	34976
practical equivalent.	34977

(2) On which any statements required under division (N) (1)	34978
of this section are located prominently and are in the English	34979
language in legible type in contrast by typography, layout, or	34980
color with other printed matter on the label.	34981

The ~~public health council~~director shall, by regulations,	34982
provide for minimum information which shall appear on the labels	34983
for small packages, which labels need not include all of the	34984
information required by this section. The director may permit less	34985
than the foregoing statement of the hazard or precautionary	34986
measures for labels of hazardous substances presenting only minor	34987
hazards; and the term "misbranded package" does not apply to	34988
packages of economic poisons subject to the "Federal Insecticide,	34989
Fungicide, and Rodenticide Act," 61 Stat. 163 (1947), 7 U.S.C.A.	34990
135, nor to packages of foods, drugs, and cosmetics subject to the	34991
"Federal Food, Drug, and Cosmetic Act," nor to sections 3715.01 to	34992
3715.72, inclusive, of the Revised Code.	34993

Sec. 3716.03. The director of health shall:

34994

(A) ~~Propose and submit regulations for adoption by the public~~	34995
~~health council, subject to sections 119.01 to 119.13, inclusive,~~	34996
Adopt rules in accordance with Chapter 119. of the Revised Code,	34997
for the efficient enforcement of section 3716.02 of the Revised	34998
Code;	34999

(B) Conduct examinations, inspections, and investigations for	35000
the purpose of establishing such regulations, through such	35001
officers of the department of health or the boards of health, as	35002
hethe director delegates;	35003

(C) Designate officers and employees to enter at reasonable	35004
times any factory, warehouse, or establishment in which hazardous	35005
substances are held, or to enter any vehicle being used to	35006
transport or hold such hazardous substance:	35007

(1) For the purpose of determining the nature of such	35008
substances;	35009

(2) To inspect or copy all records showing the movement of	35010
any such hazardous substance, or the holding thereof during or	35011
after such movement, and the quantity, shipper, and consignee	35012
thereof; provided, evidence obtained under this subdivision shall	35013
not be used in a criminal prosecution of the person from whom	35014
obtained;	35015

(D) Inspect and sample, upon tender of reasonable price for	35016
such sample, at reasonable times and within reasonable limits and	35017
in a reasonable manner, finished hazardous substances in retail	35018
packages and labeling thereon in such factory, warehouse,	35019
establishment, or vehicle.	35020

Sec. 3717.01. As used in this chapter:

35021

(A) "Ohio uniform food safety code" means the food safety and	35022
related standards adopted under section 3717.05 of the Revised	35023
Code.	35024

(B) "Food" means any raw, cooked, or processed edible	35025
substance used or intended for use in whole or in part for human	35026
consumption. "Food" includes ice, water or any other beverage,	35027
food ingredients, and chewing gum.	35028

(C) "Retail food establishment" means a premises or part of a	35029
premises where food is stored, processed, prepared, manufactured,	35030
or otherwise held or handled for retail sale. Except when	35031
expressly provided otherwise, "retail food establishment" includes	35032
a mobile retail food establishment, seasonal retail food	35033
establishment, and temporary retail food establishment.	35034

As used in this division:

35035

(1) "Retail" means the sale of food to a person who is the	35036
ultimate consumer.	35037

(2) "Prepared" means any action that affects a food,	35038
including receiving and maintaining it at the temperature at which	35039
it was received.	35040

(D) "Seasonal retail food establishment" means a retail food	35041
establishment, other than a mobile retail food establishment, that	35042
is operated for not more than six months in a licensing period.	35043

(E) "Temporary retail food establishment" means a retail food	35044
establishment that is operated at an event for not more than five	35045
consecutive days, except when operated for more than five	35046
consecutive days pursuant to division (E)(2) of section 3717.23 of	35047
the Revised Code.	35048

(F) "Food service operation" means a place, location, site,	35049
or separate area where food intended to be served in individual	35050
portions is prepared or served for a charge or required donation.	35051
As used in this division, "served" means a response made to an	35052
order for one or more individual portions of food in a form that	35053
is edible without washing, cooking, or additional preparation and	35054
"prepared" means any action that affects a food other than	35055
receiving or maintaining it at the temperature at which it was	35056
received.	35057

Except when expressly provided otherwise, "food service	35058
operation" includes a catering food service operation, food	35059
delivery sales operation, mobile food service operation, seasonal	35060
food service operation, temporary food service operation, and	35061
vending machine location.	35062

(G) "Catering food service operation" means a food service	35063
operation where food is prepared for serving at a function or	35064
event held at an off-premises site, for a charge determined on a	35065
per-function or per-event basis.	35066

(H) "Food delivery sales operation" means a food service	35067
operation from which individual portions of food are ordered by a	35068
customer, prepared at another food service operation or a retail	35069
food establishment, and delivered to the customer by a person	35070
other than an employee of the food service operation or retail	35071
food establishment that prepared the food.	35072

(I) "Mobile food service operation" means a food service	35073
operation that is operated from a movable vehicle, portable	35074
structure, or watercraft and that routinely changes location,	35075
except that if the operation remains at any one location for more	35076
than forty consecutive days, the operation is no longer a mobile	35077
food service operation. "Mobile food service operation" includes a	35078
food service operation that does not remain at any one location	35079
for more than forty consecutive days and serves, in a manner	35080
consistent with division (F) of this section, only frozen	35081
desserts; beverages, nuts, popcorn, candy, or similar confections;	35082
bakery products identified in section 911.01 of the Revised Code;	35083
or any combination of those items.	35084

(J) "Seasonal food service operation" means a food service	35085
operation, other than a mobile food service operation, that is	35086
operated for not more than six months in a licensing period.	35087

(K) "Temporary food service operation" means a food service	35088
operation that is operated at an event for not more than five	35089
consecutive days, except when operated for more than five	35090
consecutive days pursuant to division (E)(2) of section 3717.43 of	35091
the Revised Code.	35092

(L) "Vending machine location" means an area or room where	35093
one or more vending machines are installed and operated, except	35094
that if the machines within an area are separated by more than one	35095
hundred fifty feet, each area separated by that distance	35096
constitutes a separate vending machine location. As used in this	35097
division, "vending machine" means a self-service device that	35098
automatically dispenses on the insertion of currency, tokens, or	35099
similar means a predetermined unit serving of food, either in bulk	35100
or in package, without having to be replenished after each use.	35101

(M) "Board of health" means a board of health of a city or	35102
general health district or the authority having the duties of a	35103
board of health under section 3709.05 of the Revised Code.	35104

(N) "Government entity" means this state, a political	35105
subdivision of this state, another state, or a political	35106
subdivision or other local government body of another state.	35107

(O) "Licensor" means one of the following:

35108

(1) A board of health approved under section 3717.11 of the	35109
Revised Code;	35110

(2) The director of agriculture acting pursuant to section	35111
3717.11 of the Revised Code with respect to the licensing of	35112
retail food establishments;	35113

(3) The director of health acting pursuant to section 3717.11	35114
of the Revised Code with respect to the licensing of food service	35115
operations.	35116

(P) "Licensing period" means the first day of March to the	35117
last day of February of the next succeeding year.	35118

(Q) "Mobile retail food establishment" means a retail food	35119
establishment that is operated from a movable vehicle or other	35120
portable structure, and that routinely changes location, except	35121
that if the establishment operates from any one location for more	35122
than forty consecutive days, the establishment is no longer a	35123
mobile retail food establishment.	35124

(R) "Unprocessed," when used with respect to fruits and	35125
vegetables, means that the fruits and vegetables are not processed	35126
beyond merely rough trimming and rinsing.	35127

(S) "Cottage food production operation" has the same meaning	35128
as in division (A)~~(20)~~(19) of section 3715.01 of the Revised Code.	35129

Sec. 3717.04. The director of agriculture~~, the public health~~	35130
~~council,~~ and the director of health have the exclusive power in	35131
this state to adopt rules regarding retail food establishments and	35132
food service operations. The rules adopted under this chapter	35133
shall be applied uniformly throughout this state.	35134

All rules adopted under this chapter shall be adopted in	35135
accordance with Chapter 119. of the Revised Code. Subject to the	35136
approval of the joint committee on agency rule review, portions of	35137
the rules may be adopted by referencing all or any part of any	35138
federal regulations pertaining to food safety.	35139

Sec. 3717.05. (A) The director of agriculture and the ~~public~~	35140
director of health ~~council~~ shall adopt rules establishing	35141
standards for safe food handling and sanitation in retail food	35142
establishments and food service operations. The rules shall be	35143
compiled as the Ohio uniform food safety code, which shall be used	35144
by the licensors of retail food establishments and food service	35145
operations in ensuring the safe handling of food in this state.	35146
All scientific provisions of the Ohio uniform food safety code	35147
that are relevant to both retail food establishments and food	35148
service operations shall be adopted by the director of agriculture	35149
and the ~~public~~director of health ~~council~~ with each other's	35150
concurrence.	35151

The Ohio uniform food safety code shall include the	35152
following:	35153

(1) Criteria for sanitation in retail food establishments and	35154
food service operations;	35155

(2) Criteria for equipment in retail food establishments and	35156
food service operations;	35157

(3) Criteria for reviewing the facility layout and equipment	35158
specifications of retail food establishments and food service	35159
operations;	35160

(4) A definition of "potentially hazardous" as it pertains to	35161
food in retail food establishments and to food in food service	35162
operations;	35163

(5) Criteria to be used in evaluating the primary business of	35164
a person or government entity for purposes of determining whether	35165
the person or entity should be licensed as a retail food	35166
establishment or food service operation.	35167

(B)(1) Except as provided in division (B)(2) of this section,	35168
if a model food code is established by the United States food and	35169
drug administration, the Ohio uniform food safety code shall be	35170
based on the most current version of the food and drug	35171
administration's model food code. If the food and drug	35172
administration adopts, modifies, or rescinds a provision in the	35173
model food code, not later than twelve months after the	35174
administration's action, the director of agriculture and ~~public~~	35175
director of health ~~council~~ shall adopt, amend, or rescind	35176
provisions in the Ohio uniform food safety code to ensure that it	35177
continues to conform with the model food code.	35178

(2) The Ohio uniform food safety code may contain or omit	35179
provisions that do not correspond to the food and drug	35180
administration's model food code if the director of agriculture or	35181
the ~~public~~director of health ~~council~~, with each other's	35182
concurrence, determines either of the following:	35183

(a) That rules can be adopted under this chapter that provide	35184
protection at least as effective as that which would be provided	35185
by basing the rules on the model food code;	35186

(b) That local conditions warrant the adoption of standards	35187
that are different from the model food code.	35188

Sec. 3717.07. (A) For purposes of establishing a licensing	35189
fee under sections 3717.25 and 3717.45 of the Revised Code, the	35190
director of agriculture and the ~~public~~director of health ~~council~~	35191
shall adopt rules establishing uniform methodologies for use in	35192
calculating the costs of licensing retail food establishments in	35193
the categories specified by the director of agriculture and the	35194
costs of licensing food service operations in the categories	35195
specified by the ~~council~~director of health. In adopting the	35196
rules, the director of agriculture and the ~~public~~director of	35197
health ~~council~~ shall consider any recommendations received from	35198
advisory boards or other entities representing the interests of	35199
retail food establishments and food service operations.	35200

(B) The rules shall include provisions that do all of the	35201
following:	35202

(1) Provide for calculations to be made according to fiscal	35203
years rather than licensing periods;	35204

(2) Limit the direct costs that may be attributed to the use	35205
of sanitarians by establishing appropriate statewide averages that	35206
may not be exceeded;	35207

(3) Limit the indirect costs that may be included in the	35208
calculation of fees to an amount that does not exceed thirty per	35209
cent of the cost of the licensing program;	35210

(4) Provide for a proportionate reduction in the fees to be	35211
charged if a licensor included anticipated costs in the	35212
immediately preceding calculation of licensing fees and the total	35213
amount of the anticipated costs was not incurred;	35214

(5) Provide for a proportionate reduction in the fees to be	35215
charged if it is discovered through an audit by the auditor of	35216
state or through any other means that the licensor has charged or	35217
is charging a licensing fee that exceeds the amount that should	35218
have been charged;	35219

(6) Provide for a twenty per cent reduction in the fees to be	35220
charged when the reduction is imposed as a penalty under division	35221
(C) of section 3717.071 of the Revised Code;	35222

(7) With regard to any fees charged for licensing vending	35223
machine locations, the rules shall prohibit a licensor from	35224
increasing fees by a percentage of increase over the previous	35225
year's fee that exceeds the percentage of increase in the consumer	35226
price index for all urban consumers (United States city average,	35227
all items), prepared by the United States department of labor,	35228
bureau of labor statistics, for the immediately preceding calendar	35229
year.	35230

Sec. 3717.45. (A) A licensor may charge fees for issuing and	35231
renewing food service operation licenses. Any licensing fee	35232
charged shall be used solely for the administration and	35233
enforcement of the provisions of this chapter and the rules	35234
adopted under it applicable to food service operations.	35235

Any licensing fee charged under this section shall be based	35236
on the licensor's costs of regulating food service operations, as	35237
determined according to the uniform methodologies established	35238
under section 3717.07 of the Revised Code. If the licensor is a	35239
board of health, a fee may be disapproved by the district advisory	35240
council in the case of a general health district or the	35241
legislative authority of the city in the case of a city health	35242
district. A disapproved fee shall not be charged by the board of	35243
health.	35244

Except when a licensing fee is established as an emergency	35245
measure, the licensor shall hold a public hearing regarding the	35246
proposed fee. At least twenty days prior to holding a public	35247
hearing, the licensor shall give written notice of the hearing to	35248
each person or government entity holding a food service operation	35249
license that may be affected by the proposed fee. The notice shall	35250
be mailed to the last known address of the licensee and shall	35251
specify the date, time, and place of the hearing and the amount of	35252
the proposed fee. On request, the licensor shall provide the	35253
completed uniform methodology used in the calculation of the	35254
licensor's costs and the proposed fee.	35255

(B) In addition to licensing fees, a licensor may charge fees	35256
for the following:	35257

(1) Review of facility layout and equipment specifications	35258
pertaining to food service operations, other than mobile and	35259
temporary food service operations, or similar reviews conducted	35260
for vending machine locations;	35261

(2) Any necessary collection and bacteriological examination	35262
of samples from food service operations, or similar services	35263
specified in rules adopted under this chapter by the ~~public~~	35264
director of health ~~council~~;	35265

(3) Attendance at a course of study offered by the licensor	35266
in food protection as it pertains to food service operations, if	35267
the course is approved under section 3717.09 of the Revised Code.	35268

(C)(1) The ~~public health council~~director may determine by	35269
rule an amount to be collected from applicants for food service	35270
operation licenses for use ~~by the director of health~~ in	35271
administering and enforcing the provisions of this chapter and the	35272
rules adopted under it applicable to food service operations.	35273
Licensors shall collect the amount prior to issuing an applicant's	35274
new or renewed license. If a licensing fee is charged under this	35275
section, the licensor shall collect the amount at the same time	35276
the fee is collected. Licensors are not required to provide notice	35277
or hold public hearings regarding amounts to be collected.	35278

(2) A licensor shall certify the amount collected under	35279
division (C)(1) of this section and transmit the amount to the	35280
treasurer of state according to the following schedule:	35281

(a) For amounts received by the licensor on or after the	35282
first day of January but not later than the thirty-first day of	35283
March, transmit the amounts not later than the fifteenth day of	35284
May;	35285

(b) For amounts received by the licensor on or after the	35286
first day of April but not later than the thirtieth day of June,	35287
transmit the amounts not later than the fifteenth day of August;	35288

(c) For amounts received by the licensor on or after the	35289
first day of July but not later than the thirtieth day of	35290
September, transmit the amounts not later than the fifteenth day	35291
of November;	35292

(d) For amounts received by the licensor on or after the	35293
first day of October but not later than the thirty-first day of	35294
December, transmit the amounts not later than the fifteenth day of	35295
February of the following year.	35296

(3) All amounts received under division (C)(2) of this	35297
section shall be deposited into the general operations fund	35298
created in section 3701.83 of the Revised Code. The director shall	35299
use the amounts solely for the administration and enforcement of	35300
the provisions of this chapter and the rules adopted under it	35301
applicable to food service operations.	35302

~~(4) The director may submit recommendations to the public~~	35303
~~health council regarding the amounts collected under division~~	35304
~~(C)(1) of this section. When making recommendations, the director~~	35305
~~shall submit a report stating the current and projected expenses~~	35306
~~of administering and enforcing the provisions of this chapter and~~	35307
~~the rules adopted under it applicable to food service operations~~	35308
~~and the total of all amounts that have been deposited in the~~	35309
~~general operations fund pursuant to division (C)(3) of this~~	35310
~~section. The director may include in the report any~~	35311
~~recommendations for modifying the department's administration and~~	35312
~~enforcement of the provisions of this chapter and the rules~~	35313
~~adopted under it applicable to food service operations.~~	35314

Sec. 3717.51. Pursuant to section 3717.04 of the Revised	35316
Code, the ~~public~~director of health ~~council~~ shall adopt rules	35317
regarding food service operations, as follows:	35318

(A) Licensing categories for food service operations and	35319
licensing requirements for each category;	35320

(B) Standards and procedures, including a schedule of	35321
frequency, for conducting inspections of food service operations;	35322

(C) Standards and procedures for conducting investigations of	35323
complaints pertaining to food service operations;	35324

(D) Procedures to be used by the director of health in	35325
approving courses of study for persons seeking certification in	35326
food protection, standards that must be met to receive and	35327
maintain the director's approval, and procedures for withdrawing	35328
the director's approval of a course if the standards for approval	35329
are no longer being met;	35330

(E) Standards for the provision of assistance to choking	35331
victims;	35332

(F) Any other matter the ~~council~~director considers relevant	35333
to the administration and enforcement of the provisions of this	35334
chapter applicable to food service operations.	35335

Sec. 3718.02. (A) The ~~public~~director of health ~~council~~, in	35336
accordance with Chapter 119. of the Revised Code, shall adopt, and	35337
subsequently may amend and rescind, rules of general application	35338
throughout the state to administer this chapter. Rules adopted	35339
under division (A) of this section shall do at least all of the	35340
following:	35341

(1) Require that the appropriate board of health approve or	35342
disapprove the installation, operation, and alteration of a sewage	35343
treatment system if it is not connected to a sanitary sewerage	35344
system;	35345

(2) Require a board of health, or other person as established	35346
by rule, to conduct a site evaluation for any proposed	35347
installation of a sewage treatment system;	35348

(3) Prescribe standards for the siting, design, installation,	35349
operation, monitoring, maintenance, and abandonment of sewage	35350
treatment systems that may be used in this state and for the	35351
progressive or incremental alteration or repair of an existing	35352
sewage treatment system or the progressive or incremental	35353
installation of a new system to replace an existing sewage	35354
treatment system. The rules shall be adopted so as to establish a	35355
preference for the repair of an existing sewage treatment system,	35356
when technically and economically feasible, rather than its	35357
replacement with a new system. The standards shall include at a	35358
minimum all of the following:	35359

(a) Soil absorption specifications and vertical separation	35360
distances.	35361

(i) Soil absorption specifications established in rules shall	35362
include standards regarding the sizing of sewage treatment systems	35363
in use in the state.	35364

(ii) In establishing soil absorption specifications and	35365
vertical separation distances, the rules shall identify those soil	35366
conditions that present a low or moderate risk of inadequate	35367
treatment or dispersal of sewage from sewage treatment systems.	35368
For low and moderate risk conditions, the required vertical	35369
separation distance shall not exceed eighteen inches except as	35370
authorized pursuant to rules adopted under divisions	35371
(A)(3)(a)(iii) and (iv) of this section.	35372

In addition, the rules shall identify those soil conditions	35373
that present a high risk of inadequate treatment or dispersal of	35374
sewage. For such high risk conditions, the vertical separation	35375
distance shall be set at a depth from twenty-four to thirty-six	35376
inches and shall not be lowered unless a reduction of vertical	35377
separation is granted in accordance with rules adopted under	35378
division (A)(3)(a)(iii) of this section.	35379

(iii) The rules shall establish options to be utilized by a	35380
board of health when approving the reductions of or compliance	35381
with vertical separation distances that are established in rules	35382
adopted under division (A)(3)(a)(ii) of this section. The options	35383
for a board of health in providing such approval shall include,	35384
but not be limited to: the use where deemed appropriate for a	35385
particular site of subsurface interceptor drains, perimeter	35386
drains, or engineered drainage; pretreatment of sewage; or soil	35387
elevation.	35388

(iv) The rules shall provide that a board of health may	35389
petition the director to increase the vertical separation	35390
distances required for sewage treatment systems in the applicable	35391
health district or a portion of the district when conditions	35392
present a high risk of inadequate treatment or dispersal of	35393
sewage. The rules also shall provide that the director may approve	35394
such a request upon a demonstration by the board of health that	35395
unusual or unique local conditions relating to terrain, bedrock,	35396
water table, soil fragments, or soil textures require the	35397
establishment of greater vertical separation distances within the	35398
jurisdiction of the board of health or a portion thereof. If,	35399
under the rules, the director of health approves a greater	35400
vertical separation distance, a board of health still may approve	35401
a reduction of that vertical separation distance for an individual	35402
sewage treatment system pursuant to rules adopted under division	35403
(A)(3)(a)(iii) of this section. Further, if, under the rules, the	35404
director approves a greater vertical separation distance, a person	35405
who is denied permission by a board of health to install or	35406
replace a sewage treatment system as a result of the director's	35407
approval may request a hearing in accordance with section 3718.11	35408
of the Revised Code.	35409

(b) Specifications for the quality of treated sewage effluent	35410
from household sewage treatment systems that is applied to soil on	35411
the property where a household sewage treatment system is located.	35412
The specifications established in the rules for the quality of	35413
effluent from discharging systems shall comply with discharge	35414
requirements imposed by the national pollutant discharge	35415
elimination system permit program established under section	35416
6111.03 of the Revised Code and rules adopted under it.	35417

(c) Requirements for the reasonable maintenance of a system	35418
according to maintenance requirements approved by the director of	35419
health as recommended by the sewage treatment system technical	35420
advisory committee or according to accepted standards and	35421
practices established in rules, as applicable. The requirements	35422
may include standards for service contracts or other arrangements	35423
that assure regular maintenance and upkeep of the system. In	35424
determining the reasonableness of a maintenance requirement, the	35425
director shall consider a manufacturer's maintenance requirements	35426
as well as all other maintenance alternatives.	35427

(4) Prescribe procedures for notification to boards of health	35428
of the approval of a sewage treatment system or components of a	35429
system by the director of health under section 3718.04 of the	35430
Revised Code;	35431

(5) Prescribe criteria and procedures under which boards of	35432
health shall issue installation permits, operation permits, and	35433
alteration permits for sewage treatment systems. The rules shall	35434
require as a condition of an installation permit that the	35435
installer of a system must warrant that the system was installed	35436
in accordance with all applicable rules and design requirements.	35437
In addition, the rules shall require a board of health, not later	35438
than sixty days after the issuance of an installation, operation,	35439
or alteration permit, to notify the director that the permit was	35440
issued. The rules shall require the notification to be in a format	35441
prescribed by the director and to include information related to	35442
the issuance of the permit. With the assistance of the department	35443
of health, a board of health, to the extent practicable, shall	35444
computerize the process of the issuance of permits for sewage	35445
treatment systems.	35446

(6) Require a board of health to inspect a sewage treatment	35447
system not later than twelve months after its installation to	35448
ensure that the system is operating properly. The rules shall	35449
require a board of health, not later than sixty days after the	35450
inspection, to certify to the director on a form provided by the	35451
director that the inspection was performed.	35452

(7) Require each board of health to develop a program for the	35453
administration of maintenance requirements established in rules	35454
adopted under division (A)(3)(c) of this section. The rules shall	35455
include requirements and procedures under which a person may	35456
demonstrate the required maintenance of a system in lieu of having	35457
an inspection conducted when an inspection otherwise is required.	35458
The rules shall require a board of health to provide written	35459
notice to a person that is demonstrating maintenance of a system	35460
in lieu of an inspection that if proof of the required maintenance	35461
of the system is not provided as required by rules, the system is	35462
subject to inspection by the board and the reasonable cost of the	35463
inspection must be paid by the person. The rules shall authorize a	35464
board of health to inspect any sewage treatment system if there is	35465
a good-faith complaint regarding the system, there is probable	35466
cause for the inspection, or proof of the required maintenance of	35467
the system has not been provided as required by rules. In	35468
addition, the rules shall authorize a board of health to inspect a	35469
sewage treatment system without prior notice in any instance in	35470
which the board has probable cause to believe that the system is	35471
endangering or threatening to endanger public health. The rules	35472
shall require that the reasonable costs for sewage effluent	35473
testing or evaluation be paid by the owner of a sewage treatment	35474
system that is being investigated. Further, the rules shall	35475
establish a methodology for determining the reasonable costs of an	35476
inspection in accordance with section 3709.09 of the Revised Code.	35477
The rules shall allow, but shall not require, a board of health to	35478
continue an inspection program that was established by the board	35479
prior to the effective date of the rules, provided that the	35480
program authorizes a person to demonstrate the required	35481
maintenance of a system in lieu of an inspection.	35482

(8) Require a board of health to register installers, service	35483
providers, and septage haulers that perform work within the health	35484
district; prescribe criteria and procedures for the registration;	35485
and prescribe criteria for a demonstration of competency as a part	35486
of the registration. The rules shall establish uniform statewide	35487
bonding requirements or other financial security requirements for	35488
installers, service providers, and septage haulers as a condition	35489
of registration within any health district. The rules shall	35490
establish a methodology by which the required amount of a bond or	35491
other security may be calculated for each installer, service	35492
provider, and septage hauler. The methodology, at a minimum, shall	35493
consider the number of systems installed or serviced and the type	35494
of system installed or serviced by an installer, service provider,	35495
or septage hauler on an annual basis. The rules shall provide that	35496
no board of health shall require an additional or different bond	35497
or security requirement as a condition of registration beyond the	35498
bonding and security requirements established in the rules adopted	35499
under division (A)(8) of this section.	35500

The rules shall establish a cost methodology for determining	35501
the fee for the registration of an installer, service provider, or	35502
septage hauler in any health district.	35503

(9) Prescribe requirements for the collection,	35504
transportation, disposal, and land application of domestic septage	35505
in this state from a sewage treatment system;	35506

(10) Require boards of health to maintain records that are	35507
determined necessary to ascertain compliance with this chapter and	35508
the rules adopted under it;	35509

(11) Require the manufacturer of a sewage treatment system	35510
that is authorized for use in this state in rules adopted under	35511
this section or that is approved for use in this state under	35512
section 3718.04 of the Revised Code to provide instructions for	35513
the operation and maintenance of the system. The rules shall	35514
provide that a board of health may require a copy of a	35515
manufacturer's instructions for the operation and maintenance of a	35516
system to be filed with the board prior to the installation and	35517
use of the system in the health district in which the board has	35518
jurisdiction. In addition, the rules shall require a board of	35519
health and a manufacturer to provide a copy of the operation and	35520
maintenance instructions, if available, when a board of health or	35521
a manufacturer receives a written request for instructions.	35522

(12) Prescribe criteria for the provision of written evidence	35523
of compliance with rules pertaining to sewage treatment for	35524
purposes of sections 711.05 and 711.10 of the Revised Code;	35525

(13) Pursuant to divisions (A)(1) and (3) of this section,	35526
prescribe standards for the siting, design, installation,	35527
operation, monitoring, maintenance, and abandonment of small flow	35528
on-site sewage treatment systems that may be used in this state;	35529

(14) Prescribe minimum criteria and procedures under which	35530
boards of health may establish household sewage treatment district	35531
management programs for the purpose of providing a responsive	35532
approach toward preventing or solving sewage treatment problems	35533
resulting from household sewage treatment systems within the	35534
districts established under the program. For purposes of division	35535
(A)(14) of this section, a board of health may enter into a	35536
contract with any entity to administer a household sewage	35537
treatment district management program.	35538

(15) Prescribe standards for the use of subsurface	35539
interceptor drains, perimeter drains, and engineered drainage to	35540
remove or divert any subsurface water from an area to be used for	35541
soil absorption of sewage in the soil of a sewage treatment	35542
system;	35543

(16) Prescribe standards for the inspection of septage	35544
hauling truck tanks by boards of health, including, but not	35545
limited to, tank seal safety specifications;	35546

(17) Establish standards and testing methods to ensure that	35547
all septic tanks, other disposal component tanks, dosing tanks,	35548
pump vaults, household sewage treatment disposal system holding	35549
tanks and privy vaults, or other applicable sewage disposal system	35550
components manufactured after ~~the effective date of this section~~	35551
September 17, 2010, and used in this state are watertight and	35552
structurally sound;	35553

(18) Require a board of health to give notice and an	35554
opportunity for a hearing, pursuant to section 3718.11 of the	35555
Revised Code, to an affected property owner regarding any of the	35556
following:	35557

(a) The denial of an installation, operation, or alteration	35558
permit for a sewage treatment system;	35559

(b) The imposition of a condition on the installation of a	35560
sewage treatment system;	35561

35562

(d) Any other final order or decision of a board of health	35563
that is made under this chapter concerning which a property owner	35564
is claiming to be aggrieved or adversely affected.	35565

The rules also shall establish procedures for giving such	35566
notice and for conducting the hearing required in rules adopted	35567
under division (A)(18) of this section.	35568

(19) Prescribe standards for the regulation of gray water	35569
recycling systems;	35570

(20) Prohibit a sewage treatment system from causing a public	35571
health nuisance;	35572

(21) Define economic impact for purposes of division (B) of	35573
this section and section 3718.022 of the Revised Code.	35574

The ~~council~~director may adopt other rules under division (A)	35575
of this section that itthe director determines are necessary to	35576
implement this chapter and to protect the public health and	35577
welfare.	35578

At least sixty days prior to adopting a rule under division	35579
(A) of this section, the ~~council~~director shall provide boards of	35580
health and any other interested parties an opportunity to comment	35581
on the rule.	35582

(B)(1) In accordance with section 3709.20 or 3709.21 of the	35583
Revised Code, as applicable, and subject to review by and approval	35584
of the director under division (C) of section 3718.05 of the	35585
Revised Code, a board of health may adopt rules necessary for the	35586
public health providing for more stringent standards than those	35587
established in rules ~~of the public health council~~ adopted by the	35588
director under division (A) of this section. In proposing or	35589
adopting the rules, a board of health shall consider and document	35590
the economic impact of the rules on property owners within the	35591
applicable health district.	35592

(2) A board that intends to adopt rules shall notify the	35593
department of health of the proposed rules and submit a copy of	35594
the proposed rules and the documentation of the economic impact of	35595
the rules at least ninety days prior to the proposed date of	35596
adoption. The director shall approve or disapprove any such	35597
proposed rule within ninety days after receiving a copy of the	35598
proposed rule from the board of health.	35599

(3) In reviewing a proposed rule, the director shall approve	35600
the rule if all of the following apply:	35601

(a) The proposed rule is not in conflict with this chapter or	35602
rules adopted under it.	35603

(b) The proposed rule is authorized by division (B) of this	35604
section.	35605

(c) The proposed rule is no less stringent than rules adopted	35606
by the ~~public health council~~director.	35607

(d) Unless otherwise authorized by this chapter or rules	35608
adopted under it, the proposed rule does not require design	35609
changes to a sewage treatment system, or component thereof, that	35610
differ from a design authorized in rules adopted under division	35611
(A) of this section, including rules adopted under division (A)(1)	35612
or (A)(3)(a)(iii) or (iv) of this section, or approved by the	35613
director under section 3718.04 of the Revised Code.	35614

(e) The proposed rule does not require operation or	35615
maintenance procedures for a sewage treatment system that conflict	35616
with operation or maintenance procedures authorized in rules	35617
adopted under division (A) of this section, including rules	35618
adopted under division (A)(1) or (A)(3)(a)(iii) or (iv) of this	35619
section, or approved by the director under section 3718.04 of the	35620
Revised Code.	35621

(4) If a board of health fails to submit a proposed rule to	35622
the director or fails to demonstrate that the board has considered	35623
the economic impact of the proposed rule, the rule shall have no	35624
force or effect and is not enforceable.	35625

Sec. 3718.021. (A) A board of health may regulate the siting,	35626
design, installation, operation, monitoring, maintenance, and	35627
abandonment of small flow on-site sewage treatment systems in	35628
accordance with rules adopted by the ~~public~~director of health	35629
~~council~~ under division (A)(13) of section 3718.02 of the Revised	35630
Code. If a board of health chooses to regulate small flow on-site	35631
sewage treatment systems, the board first shall send written	35632
notification to the director of health and the director of	35633
environmental protection.	35634

(B) If a board of health chooses to regulate small flow	35635
on-site sewage treatment systems under division (A) of this	35636
section and later determines that it no longer wants to regulate	35637
those systems, the board shall notify the director of health and	35638
the director of environmental protection. Upon the receipt of the	35639
notification by the director of environmental protection, the	35640
board of health shall cease regulating small flow on-site sewage	35641
treatment systems, and the environmental protection agency shall	35642
regulate those systems.	35643

(C) If after a survey conducted under section 3718.07 of the	35644
Revised Code the director of health finds that a board of health	35645
that has chosen to regulate small flow on-site sewage treatment	35646
systems is not complying with the rules adopted under division	35647
(A)(13) of section 3718.02 of the Revised Code, the director shall	35648
notify the director of environmental protection and the board of	35649
health. Upon receipt of the notification, the board shall cease	35650
regulating small flow on-site sewage treatment systems, and the	35651
environmental protection agency shall regulate those systems.	35652

Sec. 3718.022. Notwithstanding any provision in this chapter	35653
to the contrary, in adopting rules under division (A) of section	35654
3718.02 of the Revised Code, the ~~public~~director of health ~~council~~	35655
shall consider the economic impact of the rules on property	35656
owners, the state of available technology, and the nature and	35657
economics of the available ~~alteratives~~alternatives.	35658

Sec. 3718.05. The director of health shall do all of the	35659
following:	35660

(A) Administer and enforce this chapter and the rules ~~of the~~	35661
~~public health council~~ adopted under it;	35662

(B) Examine records of boards of health, in accordance with	35663
rules adopted by the ~~council~~director, that are determined	35664
necessary to ascertain compliance with this chapter and rules	35665
adopted under it;	35666

(C) Review and approve or disapprove rules proposed by boards	35667
of health under division (B) of section 3718.02 of the Revised	35668
Code. The director shall not disapprove a proposed rule unless the	35669
director determines that the proposed rule conflicts with this	35670
chapter or rules adopted under division (A) of section 3718.02 of	35671
the Revised Code ~~by the public health council~~ or fails to promote	35672
public health or environmental protection. If the director	35673
disapproves a proposed rule, the director shall provide a written	35674
explanation of the director's disapproval to the board of health	35675
that proposed the rule.	35676

(D) Survey boards of health as required by section 3718.07 of	35677
the Revised Code;	35678

(E) Develop with the sewage treatment system technical	35679
advisory committee standards, guidelines, and protocols for use by	35680
the director in approving or disapproving a sewage treatment	35681
system under section 3718.04 of the Revised Code and an	35682
application form for use by applicants for that approval,	35683
including identification of the information that must be included	35684
with the form;	35685

(F) Provide instructions on the operation and maintenance of	35686
a sewage treatment system. The director shall provide the	35687
operation and maintenance instructions on the department of	35688
health's web site. In addition, the director shall provide a copy	35689
of the operation and maintenance instructions when the director	35690
receives a written request for the instructions.	35691

(G) Develop educational programs, in conjunction with boards	35692
of health, to educate owners of sewage treatment systems regarding	35693
the proper operation and maintenance of those systems.	35694

Sec. 3718.06. (A)~~(1)~~ A board of health shall establish fees	35695
in accordance with section 3709.09 of the Revised Code for the	35696
purpose of carrying out its duties under this chapter and rules	35697
adopted under it, including fees for installation permits,	35698
operation permits, and alteration permits issued by the board. All	35699
fees so established and collected by the board shall be deposited	35700
in a special fund of the district to be used exclusively by the	35701
board in carrying out those duties.	35702

~~(2)~~(B) In accordance with Chapter 119. of the Revised Code,	35703
the ~~public~~director of health ~~council~~ may establish by rule a fee	35704
to be collected from applicants for installation permits and	35705
alteration permits issued under rules adopted under this chapter.	35706
The director of health shall use not more than seventy-five per	35707
cent of the proceeds from that fee for administering and enforcing	35708
this chapter and the rules adopted under it by the ~~council~~	35709
director. The director shall use not less than twenty-five per	35710
cent of the proceeds from that fee to establish a program in	35711
cooperation with boards of health to fund installation and	35712
evaluation of sewage treatment system new technology pilot	35713
projects through grants or other agreements. In the selection of	35714
pilot projects, the director shall consult with the sewage	35715
treatment system technical advisory committee. A board of health	35716
shall collect and transmit the fee to the director pursuant to	35717
section 3709.092 of the Revised Code.	35718

~~(B) The director may submit recommendations to the public~~	35719
~~health council regarding the amount of the fee collected under~~	35720
~~division (A)(2) of this section for installation and alteration~~	35721
~~permits. When making the recommendations, the director shall~~	35722
~~submit a report stating the current and projected expenses of~~	35723
~~administering and enforcing this chapter and the rules adopted~~	35724
~~under it and of the sewage treatment system new technology pilot~~	35725
~~projects program established under this section and the total of~~	35726
~~all money that has been deposited to the credit of the general~~	35727
~~operations fund under division (A)(2) of this section. The~~	35728
~~director may include in the report any recommendations for~~	35729
~~modifying the requirements established under this chapter and the~~	35730
~~rules adopted under it by the council.~~	35731

Sec. 3718.07. The director of health shall survey each city	35733
and general health district at least once every three years to	35734
determine whether there is substantial compliance with the	35735
requirements of this chapter pertaining to health districts and	35736
the applicable rules adopted by the ~~public health council~~director	35737
under this chapter. Upon determining that there is substantial	35738
compliance, the director shall place the district on an approved	35739
list. The director may resurvey an approved district if it is	35740
determined by the director to be necessary and may remove from the	35741
list a district that is found not to be substantially complying	35742
with the requirements of this chapter pertaining to health	35743
districts and the applicable rules.	35744

If the director determines that a district is not eligible to	35745
be placed on the approved list or to continue on the list after a	35746
resurvey, the director shall certify that determination to the	35747
board of health, and the director shall carry out the duties of	35748
the unapproved health district under this chapter and the	35749
applicable rules adopted under it within the district or shall	35750
contract with an approved health district to conduct those duties	35751
until the unapproved district is placed on or returned to the	35752
approved list. The director or the contracting district shall have	35753
within the unapproved district the authority to exercise powers	35754
and perform duties granted to or imposed on the board under this	35755
chapter and the applicable rules adopted under it.	35756

Until the unapproved district is placed on or returned to the	35757
approved list, the director or the contracting district shall	35758
collect all fees payable to the board of health under this chapter	35759
and all such fees previously paid to the unapproved district that	35760
have not been expended or encumbered. The director shall deposit	35761
those fees in the state treasury to the credit of a special fund,	35762
which is hereby created, to be used by the director for the	35763
purpose of carrying out the duties of the unapproved health	35764
district under this chapter and the applicable rules adopted under	35765
it. A contracting district shall deposit those fees to the credit	35766
of its fund created under section 3718.06 of the Revised Code to	35767
be used by the district for the purpose of carrying out the duties	35768
of the unapproved district under this chapter and the applicable	35769
rules adopted under it. The director or contracting district shall	35770
repay to the unapproved district any balance remaining in the	35771
applicable fund from all sources when the unapproved district is	35772
placed on or returned to the approved list by the director.	35773

If a health district is removed from the approved list under	35774
this section and the board of health of the district is regulating	35775
small flow on-site sewage treatment systems in the district under	35776
section 3718.021 of the Revised Code, the director of	35777
environmental protection shall regulate those systems in that	35778
district in accordance with division (C) of that section.	35779

Sec. 3718.09. (A) A board of health may issue, modify,	35780
suspend, or revoke enforcement orders to a registration or permit	35781
holder or other person directing the holder or person to abate a	35782
violation of this chapter, any rule adopted or order issued under	35783
it, or a condition of a registration or permit issued under it	35784
within a specified, reasonable time. If an order issued under this	35785
division is neglected or disregarded, the applicable board of	35786
health may proceed in accordance with section 3707.02 of the	35787
Revised Code.	35788

(B) The health commissioner or the commissioner's designated	35789
representative, without prior notice or hearing and in accordance	35790
with ~~the~~ rules ofadopted by the ~~public~~director of health	35791
~~council~~, may issue an emergency order requiring any action	35792
necessary to meet a public health emergency or to prevent or abate	35793
an imminent and substantial threat to surface water or ground	35794
water regarding domestic septage management or regarding a sewage	35795
treatment system that is being operated in a manner that does not	35796
comply with this chapter or rules adopted under it. A person to	35797
whom such an emergency order is issued immediately shall comply	35798
with the order. A person so ordered may apply to the issuer of the	35799
order for a hearing, which shall be held as soon as possible, but	35800
not later than twenty days after the issuer's receipt of the	35801
application for a hearing.	35802

Sec. 3721.01. (A) As used in sections 3721.01 to 3721.09 and	35803
3721.99 of the Revised Code:	35804

(1)(a) "Home" means an institution, residence, or facility	35805
that provides, for a period of more than twenty-four hours,	35806
whether for a consideration or not, accommodations to three or	35807
more unrelated individuals who are dependent upon the services of	35808
others, including a nursing home, residential care facility, home	35809
for the aging, and a veterans' home operated under Chapter 5907.	35810
of the Revised Code.	35811

(b) "Home" also means both of the following:

35812

(i) Any facility that a person, as defined in section 3702.51	35813
of the Revised Code, proposes for certification as a skilled	35814
nursing facility or nursing facility under Title XVIII or XIX of	35815
the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301,	35816
as amended, and for which a certificate of need, other than a	35817
certificate to recategorize hospital beds as described in section	35818
~~3702.522~~3702.521 of the Revised Code or division (R)(7)(d) of the	35819
version of section 3702.51 of the Revised Code in effect	35820
immediately prior to April 20, 1995, has been granted to the	35821
person under sections 3702.51 to 3702.62 of the Revised Code after	35822
August 5, 1989;	35823

(ii) A county home or district home that is or has been	35824
licensed as a residential care facility.	35825

35826

(i) Except as provided in division (A)(1)(b) of this section,	35827
a public hospital or hospital as defined in section 3701.01 or	35828
5122.01 of the Revised Code;	35829

(ii) A residential facility ~~for mentally ill persons~~ as	35830
defined ~~under~~in section 5119.22 of the Revised Code;	35831

(iii) A residential facility as defined in section 5123.19 of	35832
the Revised Code;	35833

(iv) ~~An adult care facility as defined in section 5119.70 of~~	35834
~~the Revised Code;~~	35835

~~(v)~~ An alcohol or drug addiction program as defined in	35836
section 3793.01 of the Revised Code;	35837

~~(vi)~~(v) A facility licensed to provide methadone treatment	35838
under section 3793.11 of the Revised Code;	35839

~~(vii)~~(vi) A facility providing services under contract with	35840
the department of developmental disabilities under section 5123.18	35841
of the Revised Code ~~unless section 5123.192 of the Revised Code~~	35842
~~makes the facility subject to the requirements of this chapter~~;	35843

~~(viii)~~(vii) A facility operated by a hospice care program	35844
licensed under section 3712.04 of the Revised Code that is used	35845
exclusively for care of hospice patients;	35846

~~(ix)~~(viii) A facility, infirmary, or other entity that is	35847
operated by a religious order, provides care exclusively to	35848
members of religious orders who take vows of celibacy and live by	35849
virtue of their vows within the orders as if related, and does not	35850
participate in the medicare program established under Title XVIII	35851
of the "Social Security Act" or the medical assistance program	35852
established under Chapter 5111. of the Revised Code and Title XIX	35853
of the "Social Security Act," if on January 1, 1994, the facility,	35854
infirmary, or entity was providing care exclusively to members of	35855
the religious order;	35856

~~(x)~~(ix) A county home or district home that has never been	35857
licensed as a residential care facility.	35858

(2) "Unrelated individual" means one who is not related to	35859
the owner or operator of a home or to the spouse of the owner or	35860
operator as a parent, grandparent, child, grandchild, brother,	35861
sister, niece, nephew, aunt, uncle, or as the child of an aunt or	35862
uncle.	35863

(3) "Mental impairment" does not mean mental illness as	35864
defined in section 5122.01 of the Revised Code or mental	35865
retardation as defined in section 5123.01 of the Revised Code.	35866

(4) "Skilled nursing care" means procedures that require	35867
technical skills and knowledge beyond those the untrained person	35868
possesses and that are commonly employed in providing for the	35869
physical, mental, and emotional needs of the ill or otherwise	35870
incapacitated. "Skilled nursing care" includes, but is not limited	35871
to, the following:	35872

(a) Irrigations, catheterizations, application of dressings,	35873
and supervision of special diets;	35874

(b) Objective observation of changes in the patient's	35875
condition as a means of analyzing and determining the nursing care	35876
required and the need for further medical diagnosis and treatment;	35877

35878

(d) Administration of medication by any method ordered by a	35879
physician, such as hypodermically, rectally, or orally, including	35880
observation of the patient after receipt of the medication;	35881

(e) Carrying out other treatments prescribed by the physician	35882
that involve a similar level of complexity and skill in	35883
administration.	35884

(5)(a) "Personal care services" means services including, but	35885
not limited to, the following:	35886

(i) Assisting residents with activities of daily living;

35887

(ii) Assisting residents with self-administration of	35888
medication, in accordance with rules adopted under section 3721.04	35889
of the Revised Code;	35890

(iii) Preparing special diets, other than complex therapeutic	35891
diets, for residents pursuant to the instructions of a physician	35892
or a licensed dietitian, in accordance with rules adopted under	35893
section 3721.04 of the Revised Code.	35894

(b) "Personal care services" does not include "skilled	35895
nursing care" as defined in division (A)(4) of this section. A	35896
facility need not provide more than one of the services listed in	35897
division (A)(5)(a) of this section to be considered to be	35898
providing personal care services.	35899

(6) "Nursing home" means a home used for the reception and	35900
care of individuals who by reason of illness or physical or mental	35901
impairment require skilled nursing care and of individuals who	35902
require personal care services but not skilled nursing care. A	35903
nursing home is licensed to provide personal care services and	35904
skilled nursing care.	35905

(7) "Residential care facility" means a home that provides	35906
either of the following:	35907

(a) Accommodations for seventeen or more unrelated	35908
individuals and supervision and personal care services for three	35909
or more of those individuals who are dependent on the services of	35910
others by reason of age or physical or mental impairment;	35911

(b) Accommodations for three or more unrelated individuals,	35912
supervision and personal care services for at least three of those	35913
individuals who are dependent on the services of others by reason	35914
of age or physical or mental impairment, and, to at least one of	35915
those individuals, any of the skilled nursing care authorized by	35916
section 3721.011 of the Revised Code.	35917

(8) "Home for the aging" means a home that provides services	35918
as a residential care facility and a nursing home, except that the	35919
home provides its services only to individuals who are dependent	35920
on the services of others by reason of both age and physical or	35921
mental impairment.	35922

The part or unit of a home for the aging that provides	35923
services only as a residential care facility is licensed as a	35924
residential care facility. The part or unit that may provide	35925
skilled nursing care beyond the extent authorized by section	35926
3721.011 of the Revised Code is licensed as a nursing home.	35927

(9) "County home" and "district home" mean a county home or	35928
district home operated under Chapter 5155. of the Revised Code.	35929

(B) The ~~public~~director of health ~~council~~ may further	35930
classify homes. For the purposes of this chapter, any residence,	35931
institution, hotel, congregate housing project, or similar	35932
facility that meets the definition of a home under this section is	35933
such a home regardless of how the facility holds itself out to the	35934
public.	35935

(C) For purposes of this chapter, personal care services or	35936
skilled nursing care shall be considered to be provided by a	35937
facility if they are provided by a person employed by or	35938
associated with the facility or by another person pursuant to an	35939
agreement to which neither the resident who receives the services	35940
nor the resident's sponsor is a party.	35941

(D) Nothing in division (A)(4) of this section shall be	35942
construed to permit skilled nursing care to be imposed on an	35943
individual who does not require skilled nursing care.	35944

Nothing in division (A)(5) of this section shall be construed	35945
to permit personal care services to be imposed on an individual	35946
who is capable of performing the activity in question without	35947
assistance.	35948

(E) Division (A)(1)(c)~~(ix)~~(viii) of this section does not	35949
prohibit a facility, infirmary, or other entity described in that	35950
division from seeking licensure under sections 3721.01 to 3721.09	35951
of the Revised Code or certification under Title XVIII or XIX of	35952
the "Social Security Act." However, such a facility, infirmary, or	35953
entity that applies for licensure or certification must meet the	35954
requirements of those sections or titles and the rules adopted	35955
under them and obtain a certificate of need from the director of	35956
health under section 3702.52 of the Revised Code.	35957

(F) Nothing in this chapter, or rules adopted pursuant to it,	35958
shall be construed as authorizing the supervision, regulation, or	35959
control of the spiritual care or treatment of residents or	35960
patients in any home who rely upon treatment by prayer or	35961
spiritual means in accordance with the creed or tenets of any	35962
recognized church or religious denomination.	35963

Sec. 3721.011. (A) In addition to providing accommodations,	35964
supervision, and personal care services to its residents, a	35965
residential care facility may do the following:	35966

(1) Provide the following skilled nursing care to its	35967
residents:	35968

(a) Supervision of special diets;

35969

(b) Application of dressings, in accordance with rules	35970
adopted under section 3721.04 of the Revised Code;	35971

(c) Subject to division (B)(1) of this section,	35972
administration of medication.	35973

(2) Subject to division (C) of this section, provide other	35974
skilled nursing care on a part-time, intermittent basis for not	35975
more than a total of one hundred twenty days in a twelve-month	35976
period;	35977

(3) Provide skilled nursing care for more than one hundred	35978
twenty days in a twelve-month period to a resident when the	35979
requirements of division (D) of this section are met.	35980

A residential care facility may not admit or retain an	35981
individual requiring skilled nursing care that is not authorized	35982
by this section. A residential care facility may not provide	35983
skilled nursing care beyond the limits established by this	35984
section.	35985

(B)(1) A residential care facility may admit or retain an	35986
individual requiring medication, including biologicals, only if	35987
the individual's personal physician has determined in writing that	35988
the individual is capable of self-administering the medication or	35989
the facility provides for the medication to be administered to the	35990
individual by a home health agency certified under Title XVIII of	35991
the "Social Security Act," 79 Stat. 620 (1965), 42 U.S.C. 1395, as	35992
amended; a hospice care program licensed under Chapter 3712. of	35993
the Revised Code; or a member of the staff of the residential care	35994
facility who is qualified to perform medication administration.	35995
Medication may be administered in a residential care facility only	35996
by the following persons authorized by law to administer	35997
medication:	35998

(a) A registered nurse licensed under Chapter 4723. of the	35999
Revised Code;	36000

(b) A licensed practical nurse licensed under Chapter 4723.	36001
of the Revised Code who holds proof of successful completion of a	36002
course in medication administration approved by the board of	36003
nursing and who administers the medication only at the direction	36004
of a registered nurse or a physician authorized under Chapter	36005
4731. of the Revised Code to practice medicine and surgery or	36006
osteopathic medicine and surgery;	36007

(c) A medication aide certified under Chapter 4723. of the	36008
Revised Code;	36009

(d) A physician authorized under Chapter 4731. of the Revised	36010
Code to practice medicine and surgery or osteopathic medicine and	36011
surgery.	36012

(2) In assisting a resident with self-administration of	36013
medication, any member of the staff of a residential care facility	36014
may do the following:	36015

(a) Remind a resident when to take medication and watch to	36016
ensure that the resident follows the directions on the container;	36017

(b) Assist a resident by taking the medication from the	36018
locked area where it is stored, in accordance with rules adopted	36019
pursuant to section 3721.04 of the Revised Code, and handing it to	36020
the resident. If the resident is physically unable to open the	36021
container, a staff member may open the container for the resident.	36022

(c) Assist a physically impaired but mentally alert resident,	36023
such as a resident with arthritis, cerebral palsy, or Parkinson's	36024
disease, in removing oral or topical medication from containers	36025
and in consuming or applying the medication, upon request by or	36026
with the consent of the resident. If a resident is physically	36027
unable to place a dose of medicine to the resident's mouth without	36028
spilling it, a staff member may place the dose in a container and	36029
place the container to the mouth of the resident.	36030

(C) Except as provided in division (D) of this section, a	36031
residential care facility may admit or retain individuals who	36032
require skilled nursing care beyond the supervision of special	36033
diets, application of dressings, or administration of medication,	36034
only if the care will be provided on a part-time, intermittent	36035
basis for not more than a total of one hundred twenty days in any	36036
twelve-month period. In accordance with Chapter 119. of the	36037
Revised Code, the ~~public~~director of health ~~council~~ shall adopt	36038
rules specifying what constitutes the need for skilled nursing	36039
care on a part-time, intermittent basis. The ~~council~~director	36040
shall adopt rules that are consistent with rules pertaining to	36041
home health care adopted by the director of job and family	36042
services for the medicaid program established under Chapter 5111.	36043
of the Revised Code. Skilled nursing care provided pursuant to	36044
this division may be provided by a home health agency certified	36045
under Title XVIII of the "Social Security Act," a hospice care	36046
program licensed under Chapter 3712. of the Revised Code, or a	36047
member of the staff of a residential care facility who is	36048
qualified to perform skilled nursing care.	36049

A residential care facility that provides skilled nursing	36050
care pursuant to this division shall do both of the following:	36051

(1) Evaluate each resident receiving the skilled nursing care	36052
at least once every seven days to determine whether the resident	36053
should be transferred to a nursing home;	36054

(2) Meet the skilled nursing care needs of each resident	36055
receiving the care.	36056

(D)(1) A residential care facility may admit or retain an	36057
individual who requires skilled nursing care for more than one	36058
hundred twenty days in any twelve-month period only if the	36059
facility has entered into a written agreement with each of the	36060
following:	36061

(a) The individual or individual's sponsor;

36062

(b) The individual's personal physician;

36063

(c) Unless the individual's personal physician oversees the	36064
skilled nursing care, the provider of the skilled nursing care;	36065

(d) If the individual is a hospice patient as defined in	36066
section 3712.01 of the Revised Code, a hospice care program	36067
licensed under Chapter 3712. of the Revised Code.	36068

(2) The agreement required by division (D)(1) of this section	36069
shall include all of the following provisions:	36070

(a) That the individual will be provided skilled nursing care	36071
in the facility only if a determination has been made that the	36072
individual's needs can be met at the facility;	36073

(b) That the individual will be retained in the facility only	36074
if periodic redeterminations are made that the individual's needs	36075
are being met at the facility;	36076

(c) That the redeterminations will be made according to a	36077
schedule specified in the agreement;	36078

(d) If the individual is a hospice patient, that the	36079
individual has been given an opportunity to choose the hospice	36080
care program that best meets the individual's needs;	36081

(e) Unless the individual is a hospice patient, that the	36082
individual's personal physician has determined that the skilled	36083
nursing care the individual needs is routine.	36084

(E) Notwithstanding any other provision of this chapter, a	36085
residential care facility in which residents receive skilled	36086
nursing care pursuant to this section is not a nursing home.	36087

Sec. 3721.02. (A) As used in this section, "residential	36088
facility" means a residential facility licensed under section	36089
5119.22 of the Revised Code that provides accommodations,	36090
supervision, and personal care services for three to sixteen	36091
unrelated adults.	36092

(B) The director of health shall license homes and establish	36093
procedures to be followed in inspecting and licensing homes. The	36094
director may inspect a home at any time. Each home shall be	36095
inspected by the director at least once prior to the issuance of a	36096
license and at least once every fifteen months thereafter. The	36097
state fire marshal or a township, municipal, or other legally	36098
constituted fire department approved by the marshal shall also	36099
inspect a home prior to issuance of a license, at least once every	36100
fifteen months thereafter, and at any other time requested by the	36101
director. A home does not have to be inspected prior to issuance	36102
of a license by the director, state fire marshal, or a fire	36103
department if ownership of the home is assigned or transferred to	36104
a different person and the home was licensed under this chapter	36105
immediately prior to the assignment or transfer. The director may	36106
enter at any time, for the purposes of investigation, any	36107
institution, residence, facility, or other structure that has been	36108
reported to the director or that the director has reasonable cause	36109
to believe is operating as a nursing home, residential care	36110
facility, or home for the aging without a valid license required	36111
by section 3721.05 of the Revised Code or, in the case of a county	36112
home or district home, is operating despite the revocation of its	36113
residential care facility license. The director may delegate the	36114
director's authority and duties under this chapter to any	36115
division, bureau, agency, or official of the department of health.	36116

~~(B)~~(C) A single facility may be licensed both as a nursing	36117
home pursuant to this chapter and as ~~an adult care~~a residential	36118
facility pursuant to ~~Chapter 5119.~~section 5119.22 of the Revised	36119
Code if the director determines that the part or unit to be	36120
licensed as a nursing home can be maintained separate and discrete	36121
from the part or unit to be licensed as ~~an adult care~~a	36122
residential facility.	36123

~~(C)~~(D) In determining the number of residents in a home for	36124
the purpose of licensing, the director shall consider all the	36125
individuals for whom the home provides accommodations as one group	36126
unless one of the following is the case:	36127

(1) The home is a home for the aging, in which case all the	36128
individuals in the part or unit licensed as a nursing home shall	36129
be considered as one group, and all the individuals in the part or	36130
unit licensed as a rest home shall be considered as another group.	36131

(2) The home is both a nursing home and ~~an adult care~~a	36132
residential facility. In that case, all the individuals in the	36133
part or unit licensed as a nursing home shall be considered as one	36134
group, and all the individuals in the part or unit licensed as an	36135
adult care facility shall be considered as another group.	36136

(3) The home maintains, in addition to a nursing home or	36137
residential care facility, a separate and discrete part or unit	36138
that provides accommodations to individuals who do not require or	36139
receive skilled nursing care and do not receive personal care	36140
services from the home, in which case the individuals in the	36141
separate and discrete part or unit shall not be considered in	36142
determining the number of residents in the home if the separate	36143
and discrete part or unit is in compliance with the Ohio basic	36144
building code established by the board of building standards under	36145
Chapters 3781. and 3791. of the Revised Code and the home permits	36146
the director, on request, to inspect the separate and discrete	36147
part or unit and speak with the individuals residing there, if	36148
they consent, to determine whether the separate and discrete part	36149
or unit meets the requirements of this division.	36150

~~(D)~~(E)(1) The director of health shall charge the following	36151
application fee and annual renewal licensing and inspection fee	36152
for each fifty persons or part thereof of a home's licensed	36153
capacity:	36154

(a) For state fiscal year 2010, two hundred twenty dollars;

36155

(b) For state fiscal year 2011, two hundred seventy dollars;

36156

(c) For each state fiscal year thereafter, three hundred	36157
twenty dollars.	36158

(2) All fees collected by the director for the issuance or	36159
renewal of licenses shall be deposited into the state treasury to	36160
the credit of the general operations fund created in section	36161
3701.83 of the Revised Code for use only in administering and	36162
enforcing this chapter and rules adopted under it.	36163

~~(E)~~(F)(1) Except as otherwise provided in this section, the	36164
results of an inspection or investigation of a home that is	36165
conducted under this section, including any statement of	36166
deficiencies and all findings and deficiencies cited in the	36167
statement on the basis of the inspection or investigation, shall	36168
be used solely to determine the home's compliance with this	36169
chapter or another chapter of the Revised Code in any action or	36170
proceeding other than an action commenced under division (I) of	36171
section 3721.17 of the Revised Code. Those results of an	36172
inspection or investigation, that statement of deficiencies, and	36173
the findings and deficiencies cited in that statement shall not be	36174
used in any court or in any action or proceeding that is pending	36175
in any court and are not admissible in evidence in any action or	36176
proceeding unless that action or proceeding is an appeal of an	36177
action by the department of health under this chapter or is an	36178
action by any department or agency of the state to enforce this	36179
chapter or another chapter of the Revised Code.	36180

(2) Nothing in division (E)(1) of this section prohibits the	36181
results of an inspection or investigation conducted under this	36182
section from being used in a criminal investigation or	36183
prosecution.	36184

Sec. 3721.03. (A) As used in this section, "person" has the	36185
same meaning as in section 1.59 of the Revised Code.	36186

(B) The director of health shall enforce the provisions of	36187
sections 3721.01 to 3721.13 and 3721.99 of the Revised Code and	36188
may issue orders to secure compliance with the provisions of these	36189
sections and the rules adopted under them. The director may hold	36190
hearings, issue subpoenas, compel testimony, and make	36191
adjudications.	36192

The director may issue an order revoking a license in the	36193
event the director finds, upon hearing or opportunity afforded	36194
pursuant to Chapter 119. of the Revised Code, that any of the	36195
following apply to a person, county home, or district home	36196
licensed under section 3721.07 of the Revised Code:	36197

(1) Has violated any of the provisions of Chapter 3721. of	36198
the Revised Code or rules adopted by the ~~public health council~~	36199
director under it;	36200

(2) Has violated any order issued by the director;

36201

(3) Is not, or any of its principals are not suitable,	36202
morally or financially to operate such an institution;	36203

(4) Is not furnishing humane, kind, and adequate treatment	36204
and care;	36205

(5) Has had a long-standing pattern of violations of this	36206
chapter or the rules adopted under it that has caused physical,	36207
emotional, mental, or psychosocial harm to one or more residents.	36208

Upon the issuance of any order of revocation, the person	36209
whose license is revoked, or the county home or district home that	36210
has its license revoked, may appeal in accordance with Chapter	36211
119. of the Revised Code.	36212

(C) Once the director notifies a person, county home, or	36213
district home licensed to operate a home that the license may be	36214
revoked or issues any order under this section, the person, county	36215
home, or district home shall not assign or transfer to another	36216
person or entity the right to operate the home. This prohibition	36217
shall remain in effect until proceedings under Chapter 119. of the	36218
Revised Code concerning the order or license revocation have been	36219
concluded or the director notifies the person, county home, or	36220
district home that the prohibition has been lifted.	36221

If a license is revoked under this section, the former	36222
license holder shall not assign or transfer or consent to	36223
assignment or transfer of the right to operate the home. Any	36224
attempted assignment or transfer to another person or entity is	36225
void.	36226

On revocation of a license, the former licensee shall take	36227
all necessary steps to cease operation of the home.	36228

The director of health shall not accept a certificate of need	36229
application under section 3702.52 of the Revised Code regarding a	36230
home if the license to operate the home has been revoked under	36231
this section.	36232

Sec. 3721.032. The state fire marshal shall enforce all	36233
statutes and rules pertaining to fire safety in homes and shall	36234
adopt rules pertaining to fire safety in homes as the marshal	36235
determines necessary. The rules adopted by the marshal shall be in	36236
addition to those fire safety rules that the board of building	36237
standards and the ~~public~~director of health ~~council~~ are empowered	36238
to adopt. In the event of a dispute between the marshal and	36239
another officer having responsibilities under sections 3721.01 to	36240
3721.09 of the Revised Code with respect to the interpretation or	36241
application of a specific fire safety statute or rule, the	36242
interpretation of the marshal shall prevail.	36243

Sec. 3721.04. (A) The ~~public~~director of health ~~council~~	36244
shall adopt and publish rules governing the operation of homes,	36245
which shall have uniform application throughout the state, and	36246
shall prescribe standards for homes with respect to, but not	36247
limited to, the following matters:	36248

(1) The minimum space requirements for occupants and	36249
equipping of the buildings in which homes are housed so as to	36250
ensure healthful, safe, sanitary, and comfortable conditions for	36251
all residents, so long as they are not inconsistent with Chapters	36252
3781. and 3791. of the Revised Code or with any rules adopted by	36253
the board of building standards and by the state fire marshal;	36254

(2) The number and qualifications of personnel, including	36255
management and nursing staff, for each class of home, and the	36256
qualifications of nurse aides, as defined in section 3721.21 of	36257
the Revised Code, used by long-term care facilities, as defined in	36258
that section;	36259

(3) The medical, rehabilitative, and recreational services to	36260
be provided by each class of home;	36261

(4) Dietetic services, including but not limited to	36262
sanitation, nutritional adequacy, and palatability of food;	36263

(5) The personal and social services to be provided by each	36264
class of home;	36265

(6) The business and accounting practices to be followed and	36266
the type of patient and business records to be kept by such homes;	36267

(7) The operation of adult day-care programs provided by and	36268
on the same site as homes licensed under this chapter;	36269

(8) The standards and procedures to be followed by	36270
residential care facilities in admitting and retaining a resident	36271
who requires the application of dressings, including requirements	36272
for charting and evaluating on a weekly basis;	36273

(9) The requirements for conducting weekly evaluations of	36274
residents receiving skilled nursing care in residential care	36275
facilities.	36276

(B) The ~~public health council~~director may adopt whatever	36277
additional rules are necessary to carry out or enforce the	36278
provisions of sections 3721.01 to 3721.09 and 3721.99 of the	36279
Revised Code.	36280

(C) The following apply to the ~~public health council~~director	36281
when adopting rules under division (A)(1) of this section	36282
regarding the equipping of the buildings in which homes are	36283
housed:	36284

(1) The rules shall not require that each resident sleeping	36285
room, or a percentage of the resident sleeping rooms, have a	36286
bathtub or shower that is directly accessible from or exclusively	36287
for the room.	36288

(2) The rules shall require that the privacy and dignity of	36289
residents be protected when the residents are transported to and	36290
from bathing facilities, prepare for bathing, and bathe.	36291

(D) The following apply to the ~~public health council~~director	36292
when adopting rules under division (A)(2) of this section	36293
regarding the number and qualifications of personnel in homes:	36294

(1) When adopting rules applicable to residential care	36295
facilities, the ~~public health council~~director shall take into	36296
consideration the effect that the following may have on the number	36297
of personnel needed:	36298

(a) Provision of personal care services;

36299

(b) Provision of part-time, intermittent skilled nursing care	36300
pursuant to division (C) of section 3721.011 of the Revised Code;	36301

(c) Provision of skilled nursing care to residents pursuant	36302
to division (D) of section 3721.011 of the Revised Code.	36303

(2) When adopting rules applicable to nursing homes, the	36304
~~public health council~~director shall require each nursing home to	36305
do both of the following:	36306

(a) Have sufficient direct care staff on each shift to meet	36307
the needs of the residents in an appropriate and timely manner;	36308

(b) Have the following individuals provide a minimum daily	36309
average of two and one-half hours of direct care per resident:	36310

(i) Registered nurses, including registered nurses who	36311
perform administrative and supervisory duties;	36312

(ii) Licensed practical nurses, including licensed practical	36313
nurses who perform administrative and supervisory duties;	36314

(iii) Nurse aides.

36315

(3) The rules prescribing qualifications of nurse aides used	36316
by long-term care facilities, as those terms are defined in	36317
section 3721.21 of the Revised Code, shall be no less stringent	36318
than the requirements, guidelines, and procedures established by	36319
the United States secretary of health and human services under	36320
~~sections~~section 1819 ~~and 1919~~ of the "Social Security Act," 49	36321
101 Stat. ~~620~~1330-160 (~~1935~~1987), 42 U.S.C. ~~301~~1395i-3, as	36322
amended, and section 1919 of the "Social Security Act," 101 Stat.	36323
1330-182 (1987), 42 U.S.C. 1396r, as amended.	36324

(E) The following apply to the director when adopting rules	36325
under division (A)(2) of this section regarding the number and	36326
qualifications of personnel in nursing homes or rules under	36327
division (A)(5) of this section regarding social services to be	36328
provided by nursing homes:	36329

(1) The rules shall not prescribe the number of individuals	36330
licensed as social workers under Chapter 4757. of the Revised Code	36331
that a nursing home with one hundred twenty or fewer beds must	36332
employ.	36333

(2) The rules shall require each nursing home with more than	36334
one hundred twenty beds to employ on a full-time basis one	36335
individual licensed as a social worker under Chapter 4757. of the	36336
Revised Code.	36337

(3) The rules shall require each nursing home to offer its	36338
residents medically related social services that assist the	36339
residents in attaining or maintaining their highest practicable	36340
physical, mental, and psychosocial well-being.	36341

Sec. 3721.07. Every person desiring to operate a home and	36342
the superintendent or administrator of each county home or	36343
district home for which a license as a residential care facility	36344
is sought shall apply for a license to the director of health. The	36345
director shall issue a license for the home, if after	36346
investigation of the applicant and, if required by section 3721.02	36347
of the Revised Code, inspection of the home, the following	36348
requirements or conditions are satisfied or complied with:	36349

(A) The applicant has not been convicted of a felony or a	36350
crime involving moral turpitude;	36351

(B) The applicant is not violating any of the rules ~~made~~	36352
adopted by the ~~public~~director of health ~~council~~ or any order	36353
issued by the director ~~of health~~;	36354

(C) The applicant has not had a license to operate the home	36355
revoked pursuant to section 3721.03 of the Revised Code because of	36356
any act or omission that jeopardized a resident's health, welfare,	36357
or safety nor has the applicant had a long-standing pattern of	36358
violations of this chapter or rules adopted under it that caused	36359
physical, emotional, mental, or psychosocial harm to one or more	36360
residents.	36361

(D) The buildings in which the home is housed have been	36362
approved by the state fire marshal or a township, municipal, or	36363
other legally constituted fire department approved by the marshal.	36364
In the approval of a home such agencies shall apply standards	36365
prescribed by the board of building standards, and by the state	36366
fire marshal, and by section 3721.071 of the Revised Code.	36367

(E) The applicant, if it is an individual, or the principal	36368
participants, if it is an association or a corporation, is or are	36369
suitable financially and morally to operate a home;	36370

(F) The applicant is equipped to furnish humane, kind, and	36371
adequate treatment and care;	36372

(G) The home does not maintain or contain:

36373

(1) Facilities for the performance of major surgical	36374
procedures;	36375

(2) Facilities for providing therapeutic radiation;

36376

(3) An emergency ward;

36377

(4) A clinical laboratory unless it is under the supervision	36378
of a clinical pathologist who is a licensed physician in this	36379
state;	36380

(5) Facilities for radiological examinations unless such	36381
examinations are performed only by a person licensed to practice	36382
medicine, surgery, or dentistry in this state.	36383

(H) The home does not accept or treat outpatients, except	36384
upon the written orders of a physician licensed in this state,	36385
maternity cases, boarding children, and does not house transient	36386
guests, other than participants in an adult day-care program, for	36387
twenty-four hours or less;	36388

(I) The home is in compliance with sections 3721.28 and	36389
3721.29 of the Revised Code.	36390

When the director issues a license, the license shall remain	36391
in effect until revoked by the director or voided at the request	36392
of the applicant; provided, there shall be an annual renewal fee	36393
payable during the month of January of each calendar year. Any	36394
licensed home that does not pay its renewal fee in January shall	36395
pay, beginning the first day of February, a late fee of one	36396
hundred dollars for each week or part thereof that the renewal fee	36397
is not paid. If either the renewal fee or the late fee is not paid	36398
by the fifteenth day of February, the director may, in accordance	36399
with Chapter 119. of the Revised Code, revoke the home's license.	36400

If, under division (B)(5) of section 3721.03 of the Revised	36401
Code, the license of a person has been revoked or the license of a	36402
county home or district home to operate as a residential care	36403
facility has been revoked, the director of health shall not issue	36404
a license to the person or home at any time. A person whose	36405
license is revoked, and a county home or district home that has	36406
its license as a residential care facility revoked other than	36407
under division (B)(5) of section 3721.03 of the Revised Code, for	36408
any reason other than nonpayment of the license renewal fee or	36409
late fees shall not be issued a new license under this chapter	36410
until a period of one year following the date of revocation has	36411
elapsed.	36412

Any applicant who is denied a license may appeal in	36413
accordance with Chapter 119. of the Revised Code.	36414

Sec. 3721.071. The buildings in which a home is housed shall	36415
be equipped with both an automatic fire extinguishing system and	36416
fire alarm system. Such systems shall conform to standards set	36417
forth in the regulations of the board of building standards and	36418
the state fire marshal.	36419

The time for compliance with the requirements imposed by this	36420
section shall be January 1, 1975, except that the date for	36421
compliance with the automatic fire extinguishing requirements is	36422
extended to January 1, 1976, provided the buildings of the home	36423
are otherwise in compliance with fire safety laws and regulations	36424
and:	36425

(A) The home within thirty days after August 4, 1975, files a	36426
written plan with the state fire marshal's office that:	36427

(1) Outlines the interim safety procedures which shall be	36428
carried out to reduce the possibility of a fire;	36429

(2) Provides evidence that the home has entered into an	36430
agreement for a fire safety inspection to be conducted not less	36431
than monthly by a qualified independent safety engineer consultant	36432
or a township, municipal, or other legally constituted fire	36433
department, or by a township or municipal fire prevention officer;	36434

(3) Provides verification that the home has entered into a	36435
valid contract for the installation of an automatic fire	36436
extinguishing system or fire alarm system, or both, as required to	36437
comply with this section;	36438

(4) Includes a statement regarding the expected date for the	36439
completion of the fire extinguishing system or fire alarm system,	36440
or both.	36441

(B) Inspections by a qualified independent safety engineer	36442
consultant or a township, municipal, or other legally constituted	36443
fire department, or by a township or municipal fire prevention	36444
officer are initiated no later than sixty days after August 4,	36445
1975, and are conducted no less than monthly thereafter, and	36446
reports of the consultant, fire department, or fire prevention	36447
officer identifying existing hazards and recommended corrective	36448
actions are submitted to the state fire marshal, the division of	36449
~~labor~~industrial compliance in the department of commerce, and the	36450
department of health.	36451

It is the express intent of the general assembly that the	36452
department of job and family services shall terminate payments	36453
under Title XIX of the "Social Security Act," 49 Stat. 620 (1935),	36454
42 U.S.C. 301, as amended, to those homes which do not comply with	36455
the requirements of this section for the submission of a written	36456
fire safety plan and the deadline for entering into contracts for	36457
the installation of systems.	36458

Sec. 3721.121. (A) As used in this section:

36459

(1) "Adult day-care program" means a program operated	36460
pursuant to rules adopted by the ~~public~~director of health ~~council~~	36461
under section 3721.04 of the Revised Code and provided by and on	36462
the same site as homes licensed under this chapter.	36463

(2) "Applicant" means a person who is under final	36464
consideration for employment with a home or adult day-care program	36465
in a full-time, part-time, or temporary position that involves	36466
providing direct care to an older adult. "Applicant" does not	36467
include a person who provides direct care as a volunteer without	36468
receiving or expecting to receive any form of remuneration other	36469
than reimbursement for actual expenses.	36470

(3) "Criminal records check" ~~and "older adult" have~~has the	36471
same ~~meanings~~meaning as in section 109.572 of the Revised Code.	36472

(4) "Home" means a home as defined in section 3721.10 of the	36473
Revised Code.	36474

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

36475

(B)(1) Except as provided in division (I) of this section,	36476
the chief administrator of a home or adult day-care program shall	36477
request that the superintendent of the bureau of criminal	36478
identification and investigation conduct a criminal records check	36479
~~with respect to~~of each applicant. If an applicant for whom a	36480
criminal records check request is required under this division	36481
does not present proof of having been a resident of this state for	36482
the five-year period immediately prior to the date the criminal	36483
records check is requested or provide evidence that within that	36484
five-year period the superintendent has requested information	36485
about the applicant from the federal bureau of investigation in a	36486
criminal records check, the chief administrator shall request that	36487
the superintendent obtain information from the federal bureau of	36488
investigation as part of the criminal records check of the	36489
applicant. Even if an applicant for whom a criminal records check	36490
request is required under this division presents proof of having	36491
been a resident of this state for the five-year period, the chief	36492
administrator may request that the superintendent include	36493
information from the federal bureau of investigation in the	36494
criminal records check.	36495

(2) A person required by division (B)(1) of this section to	36496
request a criminal records check shall do both of the following:	36497

(a) Provide to each applicant for whom a criminal records	36498
check request is required under that division a copy of the form	36499
prescribed pursuant to division (C)(1) of section 109.572 of the	36500
Revised Code and a standard fingerprint impression sheet	36501
prescribed pursuant to division (C)(2) of that section, and obtain	36502
the completed form and impression sheet from the applicant;	36503

(b) Forward the completed form and impression sheet to the	36504
superintendent of the bureau of criminal identification and	36505
investigation.	36506

(3) An applicant provided the form and fingerprint impression	36507
sheet under division (B)(2)(a) of this section who fails to	36508
complete the form or provide fingerprint impressions shall not be	36509
employed in any position for which a criminal records check is	36510
required by this section.	36511

(C)(1) Except as provided in rules adopted by the director of	36512
health in accordance with division (F) of this section and subject	36513
to division (C)(2) of this section, no home or adult day-care	36514
program shall employ a person in a position that involves	36515
providing direct care to an older adult if the person has been	36516
convicted of or pleaded guilty to any of the following:	36517

(a) A violation of section 2903.01, 2903.02, 2903.03,	36518
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	36519
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,	36520
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,	36521
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,	36522
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,	36523
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,	36524
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,	36525
2925.22, 2925.23, or 3716.11 of the Revised Code.	36526

(b) A violation of an existing or former law of this state,	36527
any other state, or the United States that is substantially	36528
equivalent to any of the offenses listed in division (C)(1)(a) of	36529
this section.	36530

(2)(a) A home or an adult day-care program may employ	36531
conditionally an applicant for whom a criminal records check	36532
request is required under division (B) of this section prior to	36533
obtaining the results of a criminal records check regarding the	36534
individual, provided that the home or program shall request a	36535
criminal records check regarding the individual in accordance with	36536
division (B)(1) of this section not later than five business days	36537
after the individual begins conditional employment. In the	36538
circumstances described in division (I)(2) of this section, a home	36539
or adult day-care program may employ conditionally an applicant	36540
who has been referred to the home or adult day-care program by an	36541
employment service that supplies full-time, part-time, or	36542
temporary staff for positions involving the direct care of older	36543
adults and for whom, pursuant to that division, a criminal records	36544
check is not required under division (B) of this section.	36545

(b) A home or adult day-care program that employs an	36546
individual conditionally under authority of division (C)(2)(a) of	36547
this section shall terminate the individual's employment if the	36548
results of the criminal records check requested under division (B)	36549
of this section or described in division (I)(2) of this section,	36550
other than the results of any request for information from the	36551
federal bureau of investigation, are not obtained within the	36552
period ending thirty days after the date the request is made.	36553
Regardless of when the results of the criminal records check are	36554
obtained, if the results indicate that the individual has been	36555
convicted of or pleaded guilty to any of the offenses listed or	36556
described in division (C)(1) of this section, the home or program	36557
shall terminate the individual's employment unless the home or	36558
program chooses to employ the individual pursuant to division (F)	36559
of this section. Termination of employment under this division	36560
shall be considered just cause for discharge for purposes of	36561
division (D)(2) of section 4141.29 of the Revised Code if the	36562
individual makes any attempt to deceive the home or program about	36563
the individual's criminal record.	36564

(D)(1) Each home or adult day-care program shall pay to the	36565
bureau of criminal identification and investigation the fee	36566
prescribed pursuant to division (C)(3) of section 109.572 of the	36567
Revised Code for each criminal records check conducted pursuant to	36568
a request made under division (B) of this section.	36569

(2) A home or adult day-care program may charge an applicant	36570
a fee not exceeding the amount the home or program pays under	36571
division (D)(1) of this section. A home or program may collect a	36572
fee only if both of the following apply:	36573

(a) The home or program notifies the person at the time of	36574
initial application for employment of the amount of the fee and	36575
that, unless the fee is paid, the person will not be considered	36576
for employment;	36577

(b) The medical assistance program established under Chapter	36578
5111. of the Revised Code does not reimburse the home or program	36579
the fee it pays under division (D)(1) of this section.	36580

(E) The report of any criminal records check conducted	36581
pursuant to a request made under this section is not a public	36582
record for the purposes of section 149.43 of the Revised Code and	36583
shall not be made available to any person other than the	36584
following:	36585

(1) The individual who is the subject of the criminal records	36586
check or the individual's representative;	36587

(2) The chief administrator of the home or program requesting	36588
the criminal records check or the administrator's representative;	36589

(3) The administrator of any other facility, agency, or	36590
program that provides direct care to older adults that is owned or	36591
operated by the same entity that owns or operates the home or	36592
program;	36593

(4) A court, hearing officer, or other necessary individual	36594
involved in a case dealing with a denial of employment of the	36595
applicant or dealing with employment or unemployment benefits of	36596
the applicant;	36597

(5) Any person to whom the report is provided pursuant to,	36598
and in accordance with, division (I)(1) or (2) of this section;	36599

(6) The board of nursing for purposes of accepting and	36600
processing an application for a medication aide certificate issued	36601
under Chapter 4723. of the Revised Code.	36602

(F) In accordance with section 3721.11 of the Revised Code,	36603
the director of health shall adopt rules to implement this	36604
section. The rules shall specify circumstances under which a home	36605
or adult day-care program may employ a person who has been	36606
convicted of or pleaded guilty to an offense listed or described	36607
in division (C)(1) of this section but meets personal character	36608
standards set by the director.	36609

(G) The chief administrator of a home or adult day-care	36610
program shall inform each individual, at the time of initial	36611
application for a position that involves providing direct care to	36612
an older adult, that the individual is required to provide a set	36613
of fingerprint impressions and that a criminal records check is	36614
required to be conducted if the individual comes under final	36615
consideration for employment.	36616

(H) In a tort or other civil action for damages that is	36617
brought as the result of an injury, death, or loss to person or	36618
property caused by an individual who a home or adult day-care	36619
program employs in a position that involves providing direct care	36620
to older adults, all of the following shall apply:	36621

(1) If the home or program employed the individual in good	36622
faith and reasonable reliance on the report of a criminal records	36623
check requested under this section, the home or program shall not	36624
be found negligent solely because of its reliance on the report,	36625
even if the information in the report is determined later to have	36626
been incomplete or inaccurate;	36627

(2) If the home or program employed the individual in good	36628
faith on a conditional basis pursuant to division (C)(2) of this	36629
section, the home or program shall not be found negligent solely	36630
because it employed the individual prior to receiving the report	36631
of a criminal records check requested under this section;	36632

(3) If the home or program in good faith employed the	36633
individual according to the personal character standards	36634
established in rules adopted under division (F) of this section,	36635
the home or program shall not be found negligent solely because	36636
the individual prior to being employed had been convicted of or	36637
pleaded guilty to an offense listed or described in division	36638
(C)(1) of this section.	36639

(I)(1) The chief administrator of a home or adult day-care	36640
program is not required to request that the superintendent of the	36641
bureau of criminal identification and investigation conduct a	36642
criminal records check of an applicant if the applicant has been	36643
referred to the home or program by an employment service that	36644
supplies full-time, part-time, or temporary staff for positions	36645
involving the direct care of older adults and both of the	36646
following apply:	36647

(a) The chief administrator receives from the employment	36648
service or the applicant a report of the results of a criminal	36649
records check regarding the applicant that has been conducted by	36650
the superintendent within the one-year period immediately	36651
preceding the applicant's referral;	36652

(b) The report of the criminal records check demonstrates	36653
that the person has not been convicted of or pleaded guilty to an	36654
offense listed or described in division (C)(1) of this section, or	36655
the report demonstrates that the person has been convicted of or	36656
pleaded guilty to one or more of those offenses, but the home or	36657
adult day-care program chooses to employ the individual pursuant	36658
to division (F) of this section.	36659

(2) The chief administrator of a home or adult day-care	36660
program is not required to request that the superintendent of the	36661
bureau of criminal identification and investigation conduct a	36662
criminal records check of an applicant and may employ the	36663
applicant conditionally as described in this division, if the	36664
applicant has been referred to the home or program by an	36665
employment service that supplies full-time, part-time, or	36666
temporary staff for positions involving the direct care of older	36667
adults and if the chief administrator receives from the employment	36668
service or the applicant a letter from the employment service that	36669
is on the letterhead of the employment service, dated, and signed	36670
by a supervisor or another designated official of the employment	36671
service and that states that the employment service has requested	36672
the superintendent to conduct a criminal records check regarding	36673
the applicant, that the requested criminal records check will	36674
include a determination of whether the applicant has been	36675
convicted of or pleaded guilty to any offense listed or described	36676
in division (C)(1) of this section, that, as of the date set forth	36677
on the letter, the employment service had not received the results	36678
of the criminal records check, and that, when the employment	36679
service receives the results of the criminal records check, it	36680
promptly will send a copy of the results to the home or adult	36681
day-care program. If a home or adult day-care program employs an	36682
applicant conditionally in accordance with this division, the	36683
employment service, upon its receipt of the results of the	36684
criminal records check, promptly shall send a copy of the results	36685
to the home or adult day-care program, and division (C)(2)(b) of	36686
this section applies regarding the conditional employment.	36687

Sec. 3721.13. (A) The rights of residents of a home shall	36688
include, but are not limited to, the following:	36689

(1) The right to a safe and clean living environment pursuant	36690
to the medicare and medicaid programs and applicable state laws	36691
and ~~regulations prescribed~~rules adopted by the ~~public~~director of	36692
health ~~council~~;	36693

(2) The right to be free from physical, verbal, mental, and	36694
emotional abuse and to be treated at all times with courtesy,	36695
respect, and full recognition of dignity and individuality;	36696

(3) Upon admission and thereafter, the right to adequate and	36697
appropriate medical treatment and nursing care and to other	36698
ancillary services that comprise necessary and appropriate care	36699
consistent with the program for which the resident contracted.	36700
This care shall be provided without regard to considerations such	36701
as race, color, religion, national origin, age, or source of	36702
payment for care.	36703

(4) The right to have all reasonable requests and inquiries	36704
responded to promptly;	36705

(5) The right to have clothes and bed sheets changed as the	36706
need arises, to ensure the resident's comfort or sanitation;	36707

(6) The right to obtain from the home, upon request, the name	36708
and any specialty of any physician or other person responsible for	36709
the resident's care or for the coordination of care;	36710

(7) The right, upon request, to be assigned, within the	36711
capacity of the home to make the assignment, to the staff	36712
physician of the resident's choice, and the right, in accordance	36713
with the rules and written policies and procedures of the home, to	36714
select as the attending physician a physician who is not on the	36715
staff of the home. If the cost of a physician's services is to be	36716
met under a federally supported program, the physician shall meet	36717
the federal laws and regulations governing such services.	36718

(8) The right to participate in decisions that affect the	36719
resident's life, including the right to communicate with the	36720
physician and employees of the home in planning the resident's	36721
treatment or care and to obtain from the attending physician	36722
complete and current information concerning medical condition,	36723
prognosis, and treatment plan, in terms the resident can	36724
reasonably be expected to understand; the right of access to all	36725
information in the resident's medical record; and the right to	36726
give or withhold informed consent for treatment after the	36727
consequences of that choice have been carefully explained. When	36728
the attending physician finds that it is not medically advisable	36729
to give the information to the resident, the information shall be	36730
made available to the resident's sponsor on the resident's behalf,	36731
if the sponsor has a legal interest or is authorized by the	36732
resident to receive the information. The home is not liable for a	36733
violation of this division if the violation is found to be the	36734
result of an act or omission on the part of a physician selected	36735
by the resident who is not otherwise affiliated with the home.	36736

(9) The right to withhold payment for physician visitation if	36737
the physician did not visit the resident;	36738

(10) The right to confidential treatment of personal and	36739
medical records, and the right to approve or refuse the release of	36740
these records to any individual outside the home, except in case	36741
of transfer to another home, hospital, or health care system, as	36742
required by law or rule, or as required by a third-party payment	36743
contract;	36744

(11) The right to privacy during medical examination or	36745
treatment and in the care of personal or bodily needs;	36746

(12) The right to refuse, without jeopardizing access to	36747
appropriate medical care, to serve as a medical research subject;	36748

(13) The right to be free from physical or chemical	36749
restraints or prolonged isolation except to the minimum extent	36750
necessary to protect the resident from injury to self, others, or	36751
to property and except as authorized in writing by the attending	36752
physician for a specified and limited period of time and	36753
documented in the resident's medical record. Prior to authorizing	36754
the use of a physical or chemical restraint on any resident, the	36755
attending physician shall make a personal examination of the	36756
resident and an individualized determination of the need to use	36757
the restraint on that resident.	36758

Physical or chemical restraints or isolation may be used in	36759
an emergency situation without authorization of the attending	36760
physician only to protect the resident from injury to self or	36761
others. Use of the physical or chemical restraints or isolation	36762
shall not be continued for more than twelve hours after the onset	36763
of the emergency without personal examination and authorization by	36764
the attending physician. The attending physician or a staff	36765
physician may authorize continued use of physical or chemical	36766
restraints for a period not to exceed thirty days, and at the end	36767
of this period and any subsequent period may extend the	36768
authorization for an additional period of not more than thirty	36769
days. The use of physical or chemical restraints shall not be	36770
continued without a personal examination of the resident and the	36771
written authorization of the attending physician stating the	36772
reasons for continuing the restraint.	36773

If physical or chemical restraints are used under this	36774
division, the home shall ensure that the restrained resident	36775
receives a proper diet. In no event shall physical or chemical	36776
restraints or isolation be used for punishment, incentive, or	36777
convenience.	36778

(14) The right to the pharmacist of the resident's choice and	36779
the right to receive pharmaceutical supplies and services at	36780
reasonable prices not exceeding applicable and normally accepted	36781
prices for comparably packaged pharmaceutical supplies and	36782
services within the community;	36783

(15) The right to exercise all civil rights, unless the	36784
resident has been adjudicated incompetent pursuant to Chapter	36785
2111. of the Revised Code and has not been restored to legal	36786
capacity, as well as the right to the cooperation of the home's	36787
administrator in making arrangements for the exercise of the right	36788
to vote;	36789

(16) The right of access to opportunities that enable the	36790
resident, at the resident's own expense or at the expense of a	36791
third-party payer, to achieve the resident's fullest potential,	36792
including educational, vocational, social, recreational, and	36793
habilitation programs;	36794

(17) The right to consume a reasonable amount of alcoholic	36795
beverages at the resident's own expense, unless not medically	36796
advisable as documented in the resident's medical record by the	36797
attending physician or unless contradictory to written admission	36798
policies;	36799

(18) The right to use tobacco at the resident's own expense	36800
under the home's safety rules and under applicable laws and rules	36801
of the state, unless not medically advisable as documented in the	36802
resident's medical record by the attending physician or unless	36803
contradictory to written admission policies;	36804

(19) The right to retire and rise in accordance with the	36805
resident's reasonable requests, if the resident does not disturb	36806
others or the posted meal schedules and upon the home's request	36807
remains in a supervised area, unless not medically advisable as	36808
documented by the attending physician;	36809

(20) The right to observe religious obligations and	36810
participate in religious activities; the right to maintain	36811
individual and cultural identity; and the right to meet with and	36812
participate in activities of social and community groups at the	36813
resident's or the group's initiative;	36814

(21) The right upon reasonable request to private and	36815
unrestricted communications with the resident's family, social	36816
worker, and any other person, unless not medically advisable as	36817
documented in the resident's medical record by the attending	36818
physician, except that communications with public officials or	36819
with the resident's attorney or physician shall not be restricted.	36820
Private and unrestricted communications shall include, but are not	36821
limited to, the right to:	36822

(a) Receive, send, and mail sealed, unopened correspondence;

36823

(b) Reasonable access to a telephone for private	36824
communications;	36825

36826

(22) The right to assured privacy for visits by the spouse,	36827
or if both are residents of the same home, the right to share a	36828
room within the capacity of the home, unless not medically	36829
advisable as documented in the resident's medical record by the	36830
attending physician;	36831

(23) The right upon reasonable request to have room doors	36832
closed and to have them not opened without knocking, except in the	36833
case of an emergency or unless not medically advisable as	36834
documented in the resident's medical record by the attending	36835
physician;	36836

(24) The right to retain and use personal clothing and a	36837
reasonable amount of possessions, in a reasonably secure manner,	36838
unless to do so would infringe on the rights of other residents or	36839
would not be medically advisable as documented in the resident's	36840
medical record by the attending physician;	36841

(25) The right to be fully informed, prior to or at the time	36842
of admission and during the resident's stay, in writing, of the	36843
basic rate charged by the home, of services available in the home,	36844
and of any additional charges related to such services, including	36845
charges for services not covered under the medicare or medicaid	36846
program. The basic rate shall not be changed unless thirty days'	36847
notice is given to the resident or, if the resident is unable to	36848
understand this information, to the resident's sponsor.	36849

(26) The right of the resident and person paying for the care	36850
to examine and receive a bill at least monthly for the resident's	36851
care from the home that itemizes charges not included in the basic	36852
rates;	36853

(27)(a) The right to be free from financial exploitation;

36854

(b) The right to manage the resident's own personal financial	36855
affairs, or, if the resident has delegated this responsibility in	36856
writing to the home, to receive upon written request at least a	36857
quarterly accounting statement of financial transactions made on	36858
the resident's behalf. The statement shall include:	36859

(i) A complete record of all funds, personal property, or	36860
possessions of a resident from any source whatsoever, that have	36861
been deposited for safekeeping with the home for use by the	36862
resident or the resident's sponsor;	36863

(ii) A listing of all deposits and withdrawals transacted,	36864
which shall be substantiated by receipts which shall be available	36865
for inspection and copying by the resident or sponsor.	36866

(28) The right of the resident to be allowed unrestricted	36867
access to the resident's property on deposit at reasonable hours,	36868
unless requests for access to property on deposit are so	36869
persistent, continuous, and unreasonable that they constitute a	36870
nuisance;	36871

(29) The right to receive reasonable notice before the	36872
resident's room or roommate is changed, including an explanation	36873
of the reason for either change.	36874

(30) The right not to be transferred or discharged from the	36875
home unless the transfer is necessary because of one of the	36876
following:	36877

(a) The welfare and needs of the resident cannot be met in	36878
the home.	36879

(b) The resident's health has improved sufficiently so that	36880
the resident no longer needs the services provided by the home.	36881

36882

(d) The health of individuals in the home would otherwise be	36883
endangered.	36884

(e) The resident has failed, after reasonable and appropriate	36885
notice, to pay or to have the medicare or medicaid program pay on	36886
the resident's behalf, for the care provided by the home. A	36887
resident shall not be considered to have failed to have the	36888
resident's care paid for if the resident has applied for medicaid,	36889
unless both of the following are the case:	36890

(i) The resident's application, or a substantially similar	36891
previous application, has been denied by the county department of	36892
job and family services.	36893

(ii) If the resident appealed the denial pursuant to division	36894
(C) of section 5101.35 of the Revised Code, the director of job	36895
and family services has upheld the denial.	36896

(f) The home's license has been revoked, the home is being	36897
closed pursuant to section 3721.08, sections 5111.35 to 5111.62,	36898
or section 5155.31 of the Revised Code, or the home otherwise	36899
ceases to operate.	36900

(g) The resident is a recipient of medicaid, and the home's	36901
participation in the medicaid program is involuntarily terminated	36902
or denied.	36903

(h) The resident is a beneficiary under the medicare program,	36904
and the home's participation in the medicare program is	36905
involuntarily terminated or denied.	36906

(31) The right to voice grievances and recommend changes in	36907
policies and services to the home's staff, to employees of the	36908
department of health, or to other persons not associated with the	36909
operation of the home, of the resident's choice, free from	36910
restraint, interference, coercion, discrimination, or reprisal.	36911
This right includes access to a residents' rights advocate, and	36912
the right to be a member of, to be active in, and to associate	36913
with persons who are active in organizations of relatives and	36914
friends of nursing home residents and other organizations engaged	36915
in assisting residents.	36916

(32) The right to have any significant change in the	36917
resident's health status reported to the resident's sponsor. As	36918
soon as such a change is known to the home's staff, the home shall	36919
make a reasonable effort to notify the sponsor within twelve	36920
hours.	36921

(B) A sponsor may act on a resident's behalf to assure that	36922
the home does not deny the residents' rights under sections	36923
3721.10 to 3721.17 of the Revised Code.	36924

(C) Any attempted waiver of the rights listed in division (A)	36925
of this section is void.	36926

Sec. 3721.21. As used in sections 3721.21 to 3721.34 of the	36927
Revised Code:	36928

(A) "Long-term care facility" means either of the following:

36929

(1) A nursing home as defined in section 3721.01 of the	36930
Revised Code~~, other than a nursing home or part of a nursing home~~	36931
~~certified as an intermediate care facility for the mentally~~	36932
~~retarded under Title XIX of the "Social Security Act," 49 Stat.~~	36933
~~620 (1935), 42 U.S.C.A. 301, as amended~~;	36934

(2) A facility or part of a facility that is certified as a	36935
skilled nursing facility or a nursing facility under Title XVIII	36936
or XIX of the "Social Security Act."	36937

(B) "Residential care facility" has the same meaning as in	36938
section 3721.01 of the Revised Code.	36939

(C) "Abuse" means knowingly causing physical harm or	36940
recklessly causing serious physical harm to a resident by physical	36941
contact with the resident or by use of physical or chemical	36942
restraint, medication, or isolation as punishment, for staff	36943
convenience, excessively, as a substitute for treatment, or in	36944
amounts that preclude habilitation and treatment.	36945

(D) "Neglect" means recklessly failing to provide a resident	36946
with any treatment, care, goods, or service necessary to maintain	36947
the health or safety of the resident when the failure results in	36948
serious physical harm to the resident. "Neglect" does not include	36949
allowing a resident, at the resident's option, to receive only	36950
treatment by spiritual means through prayer in accordance with the	36951
tenets of a recognized religious denomination.	36952

(E) "Misappropriation" means depriving, defrauding, or	36953
otherwise obtaining the real or personal property of a resident by	36954
any means prohibited by the Revised Code, including violations of	36955
Chapter 2911. or 2913. of the Revised Code.	36956

(F) "Resident" includes a resident, patient, former resident	36957
or patient, or deceased resident or patient of a long-term care	36958
facility or a residential care facility.	36959

(G) "Physical restraint" has the same meaning as in section	36960
3721.10 of the Revised Code.	36961

(H) "Chemical restraint" has the same meaning as in section	36962
3721.10 of the Revised Code.	36963

(I) "Nursing and nursing-related services" means the personal	36964
care services and other services not constituting skilled nursing	36965
care that are specified in rules the ~~public~~director of health	36966
~~council~~ shall adopt in accordance with Chapter 119. of the Revised	36967
Code.	36968

(J) "Personal care services" has the same meaning as in	36969
section 3721.01 of the Revised Code.	36970

(K)(1) Except as provided in division (K)(2) of this section,	36971
"nurse aide" means an individual who provides nursing and	36972
nursing-related services to residents in a long-term care	36973
facility, either as a member of the staff of the facility for	36974
monetary compensation or as a volunteer without monetary	36975
compensation.	36976

(2) "Nurse aide" does not include either of the following:

36977

(a) A licensed health professional practicing within the	36978
scope of the professional's license;	36979

(b) An individual providing nursing and nursing-related	36980
services in a religious nonmedical health care institution, if the	36981
individual has been trained in the principles of nonmedical care	36982
and is recognized by the institution as being competent in the	36983
administration of care within the religious tenets practiced by	36984
the residents of the institution.	36985

(L) "Licensed health professional" means all of the	36986
following:	36987

(1) An occupational therapist or occupational therapy	36988
assistant licensed under Chapter 4755. of the Revised Code;	36989

(2) A physical therapist or physical therapy assistant	36990
licensed under Chapter 4755. of the Revised Code;	36991

(3) A physician authorized under Chapter 4731. of the Revised	36992
Code to practice medicine and surgery, osteopathic medicine and	36993
surgery, or podiatry;	36994

(4) A physician assistant authorized under Chapter 4730. of	36995
the Revised Code to practice as a physician assistant;	36996

(5) A registered nurse or licensed practical nurse licensed	36997
under Chapter 4723. of the Revised Code;	36998

(6) A social worker or independent social worker licensed	36999
under Chapter 4757. of the Revised Code or a social work assistant	37000
registered under that chapter;	37001

(7) A speech-language pathologist or audiologist licensed	37002
under Chapter 4753. of the Revised Code;	37003

(8) A dentist or dental hygienist licensed under Chapter	37004
4715. of the Revised Code;	37005

(9) An optometrist licensed under Chapter 4725. of the	37006
Revised Code;	37007

(10) A pharmacist licensed under Chapter 4729. of the Revised	37008
Code;	37009

(11) A psychologist licensed under Chapter 4732. of the	37010
Revised Code;	37011

(12) A chiropractor licensed under Chapter 4734. of the	37012
Revised Code;	37013

(13) A nursing home administrator licensed or temporarily	37014
licensed under Chapter 4751. of the Revised Code;	37015

(14) A professional counselor or professional clinical	37016
counselor licensed under Chapter 4757. of the Revised Code.	37017

(M) "Religious nonmedical health care institution" means an	37018
institution that meets or exceeds the conditions to receive	37019
payment under the medicare program established under Title XVIII	37020
of the "Social Security Act" for inpatient hospital services or	37021
post-hospital extended care services furnished to an individual in	37022
a religious nonmedical health care institution, as defined in	37023
section 1861(ss)(1) of the "Social Security Act," 79 Stat. 286	37024
(1965), 42 U.S.C. 1395x(ss)(1), as amended.	37025

(N) "Competency evaluation program" means a program through	37026
which the competency of a nurse aide to provide nursing and	37027
nursing-related services is evaluated.	37028

(O) "Training and competency evaluation program" means a	37029
program of nurse aide training and evaluation of competency to	37030
provide nursing and nursing-related services.	37031

Sec. 3721.28. (A)(1) Each nurse aide used by a long-term	37032
care facility on a full-time, temporary, per diem, or other basis	37033
on July 1, 1989, shall be provided by the facility a competency	37034
evaluation program approved by the director of health under	37035
division (A) of section 3721.31 of the Revised Code or conducted	37036
by ~~him~~the director under division (C) of that section. Each	37037
long-term care facility using a nurse aide on July 1, 1989, shall	37038
provide the nurse aide the preparation necessary to complete the	37039
competency evaluation program by January 1, 1990.	37040

(2) Each nurse aide used by a long-term care facility on a	37041
full-time, temporary, per diem, or other basis on January 1, 1990,	37042
who either was not used by the facility on July 1, 1989, or was	37043
used by the facility on July 1, 1989, but had not successfully	37044
completed a competency evaluation program by January 1, 1990,	37045
shall be provided by the facility a competency evaluation program	37046
approved by the director under division (A) of section 3721.31 of	37047
the Revised Code or conducted by ~~him~~the director under division	37048
(C) of that section. Each long-term care facility using a nurse	37049
aide described in division (A)(2) of this section shall provide	37050
the nurse aide the preparation necessary to complete the	37051
competency evaluation program by October 1, 1990, and shall assist	37052
the nurse aide in registering for the program.	37053

(B) Effective June 1, 1990, no long-term care facility shall	37054
use an individual as a nurse aide for more than four months unless	37055
the individual is competent to provide the services hethe	37056
individual is to provide, the facility has received from the nurse	37057
aide registry established under section 3721.32 of the Revised	37058
Code the information concerning the individual provided through	37059
the registry, and one of the following is the case:	37060

(1) The individual was used by a facility as a nurse aide on	37061
a full-time, temporary, per diem, or other basis at any time	37062
during the period commencing July 1, 1989, and ending January 1,	37063
1990, and successfully completed, not later than October 1, 1990,	37064
a competency evaluation program approved by the director under	37065
division (A) of section 3721.31 of the Revised Code or conducted	37066
by ~~him~~the director under division (C) of that section.	37067

(2) The individual has successfully completed a training and	37068
competency evaluation program approved by the director under	37069
division (A) of section 3721.31 of the Revised Code or conducted	37070
by ~~him~~the director under division (C) of that section or has met	37071
the conditions specified in division (F) of this section and, in	37072
addition, if the training and competency evaluation program or the	37073
training, instruction, or education the individual completed in	37074
meeting the conditions specified in division (F) of this section	37075
was conducted by or in a long-term care facility, or if the	37076
director pursuant to division (E) of section 3721.31 of the	37077
Revised Code so requires, the individual has successfully	37078
completed a competency evaluation program conducted by the	37079
director.	37080

(3) Prior to July 1, 1989, if the long-term care facility is	37081
certified as a skilled nursing facility or a nursing facility	37082
under Title XVIII or XIX of the "Social Security Act," 49 Stat.	37083
620 (1935), 42 U.S.C.A. 301, as amended, or prior to January 1,	37084
1990, if the facility is not so certified, the individual	37085
completed a program that the director determines included a	37086
competency evaluation component no less stringent than the	37087
competency evaluation programs approved by ~~him~~the director under	37088
division (A) of section 3721.31 of the Revised Code or conducted	37089
by ~~him~~the director under division (C) of that section, and was	37090
otherwise comparable to the training and competency evaluation	37091
programs being approved by the director under division (A) of that	37092
section.	37093

(4) The individual is listed in a nurse aide registry	37094
maintained by another state and that state certifies that its	37095
program for training and evaluation of competency of nurse aides	37096
complies with Titles XVIII and XIX of the "Social Security Act"	37097
and regulations adopted thereunder.	37098

(5) Prior to July 1, 1989, the individual was found competent	37099
to serve as a nurse aide after the completion of a course of nurse	37100
aide training of at least one hundred hours' duration.	37101

(6) The individual is enrolled in a prelicensure program of	37102
nursing education approved by the board of nursing or by an agency	37103
of another state that regulates nursing education, has provided	37104
the long-term care facility with a certificate from the program	37105
indicating that the individual has successfully completed the	37106
courses that teach basic nursing skills including infection	37107
control, safety and emergency procedures, and personal care, and	37108
has successfully completed a competency evaluation program	37109
conducted by the director under division (C) of section 3721.31 of	37110
the Revised Code.	37111

(7) The individual has the equivalent of twelve months or	37112
more of full-time employment in the preceding five years as a	37113
hospital aide or orderly and has successfully completed a	37114
competency evaluation program conducted by the director under	37115
division (C) of section 3721.31 of the Revised Code.	37116

(C) Effective June 1, 1990, no long-term care facility shall	37117
continue for longer than four months to use as a nurse aide an	37118
individual who previously met the requirements of division (B) of	37119
this section but since most recently doing so has not performed	37120
nursing and nursing-related services for monetary compensation for	37121
twenty-four consecutive months, unless the individual successfully	37122
completes additional training and competency evaluation by	37123
complying with divisions (C)(1) and (2) of this section:	37124

(1) Doing one of the following:

37125

(a) Successfully completing a training and competency	37126
evaluation program approved by the director under division (A) of	37127
section 3721.31 of the Revised Code or conducted by ~~him~~the	37128
director under division (C) of that section;	37129

(b) Successfully completing a training and competency	37130
evaluation program described in division (B)(4) of this section;	37131

(c) Meeting the requirements specified in division (B)(6) or	37132
(7) of this section.	37133

(2) If the training and competency evaluation program	37134
completed under division (C)(1)(a) of this section was conducted	37135
by or in a long-term care facility, or if the director pursuant to	37136
division (E) of section 3721.31 of the Revised Code so requires,	37137
successfully completing a competency evaluation program conducted	37138
by the director.	37139

(D)(1) The four-month periods provided for in divisions (B)	37140
and (C) of this section include any time, on or after June 1,	37141
1990, that an individual is used as a nurse aide on a full-time,	37142
temporary, per diem, or any other basis by the facility or any	37143
other long-term care facility.	37144

(2) During the four-month period provided for in division (B)	37145
of this section, during which a long-term care facility may,	37146
subject to division (E) of this section, use as a nurse aide an	37147
individual who does not have the qualifications specified in	37148
divisions (B)(1) to (7) of this section, a facility shall require	37149
the individual to comply with divisions (D)(2)(a) and (b) of this	37150
section:	37151

(a) Participate in one of the following:

37152

(i) If the individual has successfully completed a training	37153
and competency evaluation program approved by the director under	37154
division (A) of section 3721.31 of the Revised Code, and the	37155
program was conducted by or in a long-term care facility, or the	37156
director pursuant to division (E) of section 3721.31 of the	37157
Revised Code so requires, a competency evaluation program	37158
conducted by the director;	37159

(ii) If the individual is enrolled in a prelicensure program	37160
of nursing education described in division (B)(6) of this section	37161
and has completed or is working toward completion of the courses	37162
described in that division, or the individual has the experience	37163
described in division (B)(7) of this section, a competency	37164
evaluation program conducted by the director;	37165

(iii) A training and competency evaluation program approved	37166
by the director under division (A) of section 3721.31 of the	37167
Revised Code or conducted by ~~him~~the director under division (C)	37168
of that section.	37169

(b) If the individual participates in or has successfully	37170
completed a training and competency evaluation program under	37171
division (D)(2)(a)(iii) of this section that is conducted by or in	37172
a long-term care facility, or the director pursuant to division	37173
(E) of section 3721.31 of the Revised Code so requires, ~~paticipate~~	37174
participate in a competency evaluation program conducted by the	37175
director.	37176

(3) During the four-month period provided for in division (C)	37177
of this section, during which a long-term care facility may,	37178
subject to division (E) of this section, use as a nurse aide an	37179
individual who does not have the qualifications specified in	37180
divisions (C)(1) and (2) of this section, a facility shall require	37181
the individual to comply with divisions (D)(3)(a) and (b) of this	37182
section:	37183

(a) Participate in one of the following:

37184

(i) If the individual has successfully completed a training	37185
and competency evaluation program approved by the director, and	37186
the program was conducted by or in a long-term care facility, or	37187
the director pursuant to division (E) of section 3721.31 of the	37188
Revised Code so requires, a competency evaluation program	37189
conducted by the director;	37190

(ii) If the individual is enrolled in a prelicensure program	37191
of nursing education described in division (B)(6) of this section	37192
and has completed or is working toward completion of the courses	37193
described in that division, or the individual has the experience	37194
described in division (B)(7) of this section, a competency	37195
evaluation program conducted by the director;	37196

(iii) A training and competency evaluation program approved	37197
or conducted by the director.	37198

(b) If the individual participates in or has successfully	37199
completed a training and competency evaluation program under	37200
division (D)(3)(a)(iii) of this section that is conducted by or in	37201
a long-term care facility, or the director pursuant to division	37202
(E) of section 3721.31 of the Revised Code so requires,	37203
participate in a competency evaluation program conducted by the	37204
director.	37205

(E) A long-term care facility shall not permit an individual	37206
used by the facility as a nurse aide while participating in a	37207
training and competency evaluation program to provide nursing and	37208
nursing-related services unless both of the following are the	37209
case:	37210

(1) The individual has completed the number of hours of	37211
training that he must ~~complete~~be completed prior to providing	37212
services to residents as prescribed by rules that shall be adopted	37213
by the director in accordance with Chapter 119. of the Revised	37214
Code;	37215

(2) The individual is under the personal supervision of a	37216
registered or licensed practical nurse licensed under Chapter	37217
4723. of the Revised Code.	37218

(F) An individual shall be considered to have satisfied the	37219
requirement, under division (B)(2) of this section, of having	37220
successfully completed a training and competency evaluation	37221
program conducted or approved by the director, if the individual	37222
meets both of the following conditions:	37223

(1) The individual, as of July 1, 1989, completed at least	37224
sixty hours divided between skills training and classroom	37225
instruction in the topic areas described in divisions (B)(1) to	37226
(8) of section 3721.30 of the Revised Code;	37227

(2) The individual received, as of that date, at least the	37228
difference between seventy-five hours and the number of hours	37229
actually spent in training and competency evaluation in supervised	37230
practical nurse aide training or regular in-service nurse aide	37231
education.	37232

(G) The ~~public health council~~director shall adopt rules in	37233
accordance with Chapter 119. of the Revised Code specifying	37234
persons, in addition to the director, who may establish competence	37235
of nurse aides under division (B)(5) of this section, and	37236
establishing criteria for determining whether an individual meets	37237
the conditions specified in division (F) of this section.	37238

(H) The rules adopted pursuant to divisions (E)(1) and (G) of	37239
this section shall be no less stringent than the requirements,	37240
guidelines, and procedures established by the United States	37241
secretary of health and human services under sections 1819 and	37242
1919 of the "Social Security Act."	37243

Sec. 3721.29. In addition to competency evaluation programs	37244
and training and competency evaluation programs required by this	37245
chapter, each long-term care facility shall provide both of the	37246
following to each nurse aide it uses:	37247

(A) An orientation program that includes at least an	37248
explanation of the organizational structure of the facility, its	37249
policies and procedures, its philosophy of care, a description of	37250
its resident population, and an enumeration of its employee rules;	37251

(B) Regular performance review and in-service education to	37252
assure that individuals working in the facility as nurse aides are	37253
competent to perform the nursing and nursing-related services they	37254
perform. In-service education shall include training for nurse	37255
aides providing nursing and nursing-related services to residents	37256
and patients with cognitive impairments.	37257

The ~~public~~director of health ~~council~~ shall adopt rules to	37258
implement the purposes of this section. The rules shall be no less	37259
stringent than the requirements, guidelines, and procedures	37260
established by the United States secretary of health and human	37261
services under sections 1819 and 1919 of the "Social Security	37262
Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended.	37263

Sec. 3721.50. As used in sections 3721.50 to 3721.58 of the	37264
Revised Code:	37265

(A) "Bed surrender" means the following:

37266

(1) In the case of a nursing home, the removal of a bed from	37267
a nursing home's licensed capacity in a manner that reduces the	37268
total licensed capacity of all nursing homes;	37269

(2) In the case of a hospital, the removal of a hospital bed	37270
from registration under section 3701.07 of the Revised Code as a	37271
skilled nursing facility bed or long-term care bed in a manner	37272
that reduces the total number of hospital beds registered under	37273
that section as skilled nursing facility beds or long-term care	37274
beds.	37275

(B) "Change of operator" means an entering operator becoming	37276
the operator of a nursing home or hospital in the place of the	37277
exiting operator.	37278

(1) Actions that constitute a change of operator include the	37279
following:	37280

(a) A change in an exiting operator's form of legal	37281
organization, including the formation of a partnership or	37282
corporation from a sole proprietorship;	37283

(b) A transfer of all the exiting operator's ownership	37284
interest in the operation of the nursing home or hospital to the	37285
entering operator, regardless of whether ownership of any or all	37286
of the real property or personal property associated with the	37287
nursing home or hospital is also transferred;	37288

(c) A lease of the nursing home or hospital to the entering	37289
operator or the exiting operator's termination of the exiting	37290
operator's lease;	37291

(d) If the exiting operator is a partnership, dissolution of	37292
the partnership;	37293

(e) If the exiting operator is a partnership, a change in	37294
composition of the partnership unless both of the following apply:	37295

(i) The change in composition does not cause the	37296
partnership's dissolution under state law.	37297

(ii) The partners agree that the change in composition does	37298
not constitute a change in operator.	37299

(f) If the operator is a corporation, dissolution of the	37300
corporation, a merger of the corporation into another corporation	37301
that is the survivor of the merger, or a consolidation of one or	37302
more other corporations to form a new corporation.	37303

(2) The following, alone, do not constitute a change of	37304
operator:	37305

(a) A contract for an entity to manage a nursing home or	37306
hospital as the operator's agent, subject to the operator's	37307
approval of daily operating and management decisions;	37308

(b) A change of ownership, lease, or termination of a lease	37309
of real property or personal property associated with a nursing	37310
home or hospital if an entering operator does not become the	37311
operator in place of an exiting operator;	37312

(c) If the operator is a corporation, a change of one or more	37313
members of the corporation's governing body or transfer of	37314
ownership of one or more shares of the corporation's stock, if the	37315
same corporation continues to be the operator.	37316

(C) "Effective date of a change of operator" means the day an	37317
entering operator becomes the operator of a nursing home or	37318
hospital.	37319

(D) "Entering operator" means the person or government entity	37320
that will become the operator of a nursing home or hospital on the	37321
effective date of a change of operator.	37322

(E) "Exiting operator" means an operator that will cease to	37323
be the operator of a nursing home or hospital on the effective	37324
date of a change of operator.	37325

(F) "Franchise permit fee rate" means the following:

37326

(1) For fiscal year 2012, eleven dollars and forty-seven	37327
cents;	37328

(2) For fiscal year 2013 and each fiscal year thereafter,	37329
eleven dollars and sixty-seven cents.	37330

(G) "Hospital" has the same meaning as in section 3727.01 of	37331
the Revised Code.	37332

(H) "Hospital long-term care unit" means any distinct part of	37333
a hospital in which any of the following beds are located:	37334

(1) Beds registered pursuant to section 3701.07 of the	37335
Revised Code as skilled nursing facility beds or long-term care	37336
beds;	37337

(2) Beds licensed as nursing home beds under section 3721.02	37338
or 3721.09 of the Revised Code.	37339

(I) "Indirect guarantee percentage" means the percentage	37340
specified in section 1903(w)(4)(C)(ii) of the "Social Security	37341
Act," 120 Stat. 2994 (2006), 42 U.S.C. 1396b(w)(4)(C)(ii) that is	37342
to be used in determining whether a class of providers is	37343
indirectly held harmless for any portion of the costs of a	37344
broad-based health-care-related tax. If the indirect guarantee	37345
percentage changes during a fiscal year, the indirect guarantee	37346
percentage is the following:	37347

(1) For the part of the fiscal year before the change takes	37348
effect, the percentage in effect before the change;	37349

(2) For the part of the fiscal year beginning with the date	37350
the indirect guarantee percentage changes, the new percentage.	37351

(J) ~~"Inpatient days" means all days during which a resident~~	37352
~~of a nursing facility, regardless of payment source, occupies a~~	37353
~~bed in the nursing facility that is included in the facility's~~	37354
~~certified capacity under Title XIX. Therapeutic or hospital leave~~	37355
~~days for which payment is made under section 5111.26 of the~~	37356
~~Revised Code are considered inpatient days proportionate to the~~	37357
~~percentage of the facility's per resident per day rate paid for~~	37358
~~those days.~~	37359

~~(K)~~ "Medicaid" has the same meaning as in section 5111.01 of	37360
the Revised Code.	37361

~~(L) "Medicaid day" means all days during which a resident who~~	37362
~~is a medicaid recipient occupies a bed in a nursing facility that~~	37363
~~is included in the facility's certified capacity under Title XIX.~~	37364
~~Therapeutic or hospital leave days for which payment is made under~~	37365
~~section 5111.26 of the Revised Code are considered medicaid days~~	37366
~~proportionate to the percentage of the nursing facility's per~~	37367
~~resident per day rate for those days.~~	37368

~~(M)~~(K) "Medicare" means the program established by Title	37369
XVIII.	37370

~~(N)~~(L) "Nursing facility" has the same meaning as in section	37371
5111.20 of the Revised Code.	37372

~~(O)~~(M)(1) "Nursing home" means all of the following:

37373

(a) A nursing home licensed under section 3721.02 or 3721.09	37374
of the Revised Code, including any part of a home for the aging	37375
licensed as a nursing home;	37376

(b) A facility or part of a facility, other than a hospital,	37377
that is certified as a skilled nursing facility under Title XVIII;	37378

(c) A nursing facility, other than a portion of a hospital	37379
certified as a nursing facility.	37380

(2) "Nursing home" does not include ~~any~~either of the	37381
following:	37382

(a) A county home, county nursing home, or district home	37383
operated pursuant to Chapter 5155. of the Revised Code;	37384

(b) A nursing home maintained and operated by the department	37385
of veterans services under section 5907.01 of the Revised Code;	37386

~~(c) A nursing home or part of a nursing home licensed under~~	37387
~~section 3721.02 or 3721.09 of the Revised Code that is certified~~	37388
~~as an intermediate care facility for the mentally retarded under~~	37389
~~Title XIX~~.	37390

~~(P)~~(N) "Operator" means the person or government entity	37391
responsible for the daily operating and management decisions for a	37392
nursing home or hospital.	37393

~~(Q)~~(O) "Title XIX" means Title XIX of the "Social Security	37394
Act," 79 Stat. 286 (1965), 42 U.S.C. 1396, as amended.	37395

~~(R)~~(P) "Title XVIII" means Title XVIII of the "Social	37396
Security Act," 79 Stat. 286 (1965), 42 U.S.C. 1395, as amended.	37397

Sec. 3721.51. The department of job and family services	37398
shall do all of the following:	37399

(A) Subject to sections 3721.512, 3721.513, and 3721.531 of	37400
the Revised Code and divisions (C) and (D) of this section and for	37401
the purposes specified in section 3721.56 of the Revised Code,	37402
determine an annual franchise permit fee on each nursing home in	37403
an amount equal to the franchise permit fee rate multiplied by the	37404
product of the following:	37405

(1) The number of beds licensed as nursing home beds, plus	37406
any other beds certified as skilled nursing facility beds under	37407
Title XVIII or nursing facility beds under Title XIX on the first	37408
day of May of the calendar year in which the fee is determined	37409
pursuant to division (A) of section 3721.53 of the Revised Code;	37410

(2) The number of days in the fiscal year beginning on the	37411
first day of July of the calendar year in which the fee is	37412
determined pursuant to division (A) of section 3721.53 of the	37413
Revised Code.	37414

(B) Subject to sections 3721.512, 3721.513, and 3721.531 of	37415
the Revised Code and divisions (C) and (D) of this section and for	37416
the purposes specified in section 3721.56 of the Revised Code,	37417
determine an annual franchise permit fee on each hospital in an	37418
amount equal to the franchise permit fee rate multiplied by the	37419
product of the following:	37420

(1) The number of beds registered pursuant to section 3701.07	37421
of the Revised Code as skilled nursing facility beds or long-term	37422
care beds, plus any other beds licensed as nursing home beds under	37423
section 3721.02 or 3721.09 of the Revised Code, on the first day	37424
of May of the calendar year in which the fee is determined	37425
pursuant to division (A) of section 3721.53 of the Revised Code;	37426

(2) The number of days in the fiscal year beginning on the	37427
first day of July of the calendar year in which the fee is	37428
determined pursuant to division (A) of section 3721.53 of the	37429
Revised Code.	37430

(C) If the total amount of the franchise permit fee assessed	37431
under divisions (A) and (B) of this section for a fiscal year	37432
exceeds the indirect guarantee percentage of the actual net	37433
patient revenue for all nursing homes and hospital long-term care	37434
units for that fiscal year and seventy-five per cent or more of	37435
the combined total number of nursing homes and hospital long-term	37436
care units receive enhanced medicaid payments or other state	37437
payments equal to seventy-five per cent or more of their total	37438
franchise permit fee assessments, do both of the following:	37439

(1) Recalculate the assessments under divisions (A) and (B)	37440
of this section using a per bed per day rate equal to the indirect	37441
guarantee percentage of actual net patient revenue for all nursing	37442
homes and hospital long-term care units for that fiscal year;	37443

(2) Refund the difference between the amount of the franchise	37444
permit fee assessed for that fiscal year under divisions (A) and	37445
(B) of this section and the amount recalculated under division	37446
(C)(1) of this section as a credit against the assessments imposed	37447
under divisions (A) and (B) of this section for the subsequent	37448
fiscal year.	37449

(D) If the United States centers for medicare and medicaid	37450
services determines that the franchise permit fee established by	37451
sections 3721.50 to 3721.58 of the Revised Code is an	37452
impermissible health care-related tax under section 1903(w) of the	37453
"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C. 1396b(w), as	37454
amended, take all necessary actions to cease implementation of	37455
sections 3721.50 to 3721.58 of the Revised Code in accordance with	37456
rules adopted under section 3721.58 of the Revised Code.	37457

Sec. 3723.06. (A) The director of health shall license radon	37458
testers, mitigation specialists, and mitigation contractors. Each	37459
applicant for a license shall submit a completed application to	37460
the director on a form the director shall prescribe and furnish.	37461

(B) In accordance with rules adopted ~~by the public health~~	37462
~~council~~ under section 3723.09 of the Revised Code, the director	37463
shall issue the appropriate license to each applicant that pays	37464
the license fee prescribed by the ~~council~~director, meets the	37465
licensing criteria established by the ~~council~~director, and	37466
complies with any other licensing and training requirements	37467
established by the ~~council~~director. An individual, business	37468
entity, or government entity may hold more than one license issued	37469
under this section, but a separate application is required for	37470
each license.	37471

(C) Notwithstanding division (B) of this section, the	37472
director shall issue a radon mitigation contractor license on	37473
request to the holder of a radon mitigation specialist license if	37474
the license holder is the owner or chief stockholder of a business	37475
entity for which hethe license holder is the only individual who	37476
will work as a radon mitigation specialist. The licensing criteria	37477
and any other licensing and training requirements the individual	37478
was required to meet to qualify for the radon mitigation	37479
specialist license are hereby deemed to satisfy any and all	37480
criteria and requirements for a radon mitigation contractor	37481
license. A license issued under this division shall expire at the	37482
same time as the individual's radon mitigation specialist license.	37483
No license fee shall be imposed for a license issued under this	37484
division.	37485

(D) A license issued under this section expires biennially	37486
and may be renewed by the director in accordance with criteria and	37487
procedures established ~~by the public health council~~in rules	37488
adopted under section 3723.09 of the Revised Code and on payment	37489
of the license renewal fee prescribed ~~by the council~~in those	37490
rules.	37491

(E) In accordance with Chapter 119. of the Revised Code, the	37492
director may do either of the following:	37493

(1) Refuse to issue a license to an individual, business	37494
entity, or government entity that does not meet the requirements	37495
of this chapter or the rules adopted under it or has been in	37496
violation of those requirements;	37497

(2) Suspend, revoke, or refuse to renew the license of an	37498
individual, business entity, or government entity that is or has	37499
been in violation of the requirements of this chapter or the rules	37500
adopted under it.	37501

Sec. 3723.07. The director of health shall approve all of	37502
the following:	37503

(A) Licensure training courses for radon testers and	37504
mitigation specialists;	37505

(B) Training courses for employees of mitigation contractors;

37506

37507

Each applicant for approval shall submit a completed	37508
application to the director on a form the director shall prescribe	37509
and furnish.	37510

In accordance with rules adopted ~~by the public health council~~	37511
under section 3723.09 of the Revised Code, the director shall	37512
issue the appropriate approval to each applicant that pays the	37513
approval fee prescribed by the ~~council~~director and meets the	37514
criteria for approval established by the ~~council~~director.	37515

In accordance with Chapter 119. of the Revised Code, the	37516
director may refuse to issue an approval and may revoke or suspend	37517
an approval issued under this section if the operator of the	37518
course or laboratory fails to meet the criteria established by the	37519
~~public health council~~director.	37520

Sec. 3723.09. (A) To protect the health of individuals	37521
inhabiting, occupying, or frequenting buildings, the ~~public~~	37522
director of health ~~council~~ shall adopt rules to implement the	37523
requirements of this chapter. All rules adopted under this section	37524
shall be adopted in accordance with Chapter 119. of the Revised	37525
Code.	37526

(B) The ~~public health council~~director shall adopt rules	37527
establishing criteria and procedures ~~to be followed by the~~	37528
~~director of health in~~for issuing and renewing licenses under	37529
section 3723.06 of the Revised Code to radon testers, mitigation	37530
specialists, and mitigation contractors. The rules may require	37531
that all applicants for licensure as a radon tester or mitigation	37532
specialist pass an examination. If an examination is required, the	37533
rules may require applicants to pass an examination conducted by	37534
the department or an appropriate examination conducted by the	37535
United States environmental protection agency.	37536

(C) The ~~public health council~~director shall adopt rules	37537
establishing criteria and procedures ~~to be followed by the~~	37538
~~director of health in~~for approving training courses under section	37539
3723.07 of the Revised Code. The rules may require that	37540
participants in training courses pass an examination conducted by	37541
the operator of the course and may require that the examinations	37542
be approved by the director ~~of health~~.	37543

(D) The ~~public health council~~director shall adopt rules	37544
establishing criteria and procedures ~~to be followed by the~~	37545
~~director of health in~~for approving radon laboratories under	37546
section 3723.07 of the Revised Code.	37547

(E) The ~~public health council~~director shall adopt rules	37548
establishing reasonable fees for licenses, license renewals, radon	37549
laboratory approvals, and training course approvals.	37550

(F) The ~~public health council~~director shall adopt rules	37551
establishing standards to be followed by licensed radon testers,	37552
mitigation specialists, and mitigation contractors for the	37553
prevention of hazards to the public health, including standards	37554
for worker protection, record keeping, and training of employees	37555
of licensed radon mitigation contractors.	37556

(G) The ~~public health council~~director shall adopt rules	37557
establishing procedures to be followed by any individual, business	37558
entity, or government entity licensed by another state to practice	37559
as a radon tester, mitigation specialist, or mitigation contractor	37560
in providing notice to the director of health prior to commencing	37561
practice in this state pursuant to section 3723.03 of the Revised	37562
Code.	37563

(H) The ~~public health council~~director may adopt rules that	37564
require licensed radon testers and mitigation specialists to	37565
report to the director ~~of health~~, by street address, radon test	37566
results that indicate the presence of radon at a level considered	37567
to be dangerous as determined by the ~~council~~director. The rules	37568
may require the reporting of screening measurements, follow-up	37569
measurements, post-mitigation measurements, and, if it is known	37570
that radon mitigation has been performed, the methods of	37571
mitigation that were used. Any information required to be reported	37572
to the director under these rules is not a public record under	37573
section 149.43 of the Revised Code, and shall not be released	37574
except in aggregate statistical form.	37575

Sec. 3725.02. (A) No person other than a hospital shall	37576
collect plasma, regardless of the use for which the plasma is	37577
intended, except at a plasmapheresis center holding a current,	37578
valid certificate of approval issued by the director of health.	37579

Whoever violates this division is guilty of a misdemeanor of	37580
the fourth degree.	37581

(B) The ~~public health council~~director shall adopt such rules	37582
as are necessary to carry out this chapter.	37583

Sec. 3727.01. (A) As used in this section, "health	37584
maintenance organization" means a public or private organization	37585
organized under the law of any state that is qualified under	37586
section 1310(d) of Title XIII of the "Public Health Service Act,"	37587
87 Stat. 931 (1973), 42 U.S.C. 300e-9, or that does all of the	37588
following:	37589

(1) Provides or otherwise makes available to enrolled	37590
participants health care services including at least the following	37591
basic health care services: usual physician services,	37592
hospitalization, laboratory, x-ray, emergency and preventive	37593
service, and out-of-area coverage;	37594

(2) Is compensated, except for copayments, for the provision	37595
of basic health care services to enrolled participants by a	37596
payment that is paid on a periodic basis without regard to the	37597
date the health care services are provided and that is fixed	37598
without regard to the frequency, extent, or kind of health service	37599
actually provided;	37600

(3) Provides physician services primarily in either of the	37601
following ways:	37602

(a) Directly through physicians who are either employees or	37603
partners of the organization;	37604

(b) Through arrangements with individual physicians or one or	37605
more groups of physicians organized on a group-practice or	37606
individual-practice basis.	37607

(B) As used in this chapter:

37608

(1) "Children's hospital" ~~has the same meaning as in section~~	37609
~~3702.51 of the Revised Code~~means any of the following:	37610

(a) A hospital registered under section 3701.07 of the	37611
Revised Code that provides general pediatric medical and surgical	37612
care, and in which at least seventy-five per cent of annual	37613
inpatient discharges for the preceding two calendar years were	37614
individuals less than eighteen years of age;	37615

(b) A distinct portion of a hospital registered under section	37616
3701.07 of the Revised Code that provides general pediatric	37617
medical and surgical care, has a total of at least one hundred	37618
fifty registered pediatric special care and pediatric acute care	37619
beds, and in which at least seventy-five per cent of annual	37620
inpatient discharges for the preceding two calendar years were	37621
individuals less than eighteen years of age;	37622

(c) A distinct portion of a hospital, if the hospital is	37623
registered under section 3701.07 of the Revised Code as a	37624
children's hospital and the children's hospital meets all the	37625
requirements of division (B)(1)(a) of this section.	37626

(2) "Hospital" means an institution classified as a hospital	37627
under section 3701.07 of the Revised Code in which are provided to	37628
inpatients diagnostic, medical, surgical, obstetrical,	37629
psychiatric, or rehabilitation care for a continuous period longer	37630
than twenty-four hours or a hospital operated by a health	37631
maintenance organization. "Hospital" does not include a facility	37632
licensed under Chapter 3721. of the Revised Code, a health care	37633
facility operated by the department of mental health or the	37634
department of developmental disabilities, a health maintenance	37635
organization that does not operate a hospital, the office of any	37636
private licensed health care professional, whether organized for	37637
individual or group practice, or a clinic that provides ambulatory	37638
patient services and where patients are not regularly admitted as	37639
inpatients. "Hospital" also does not include an institution for	37640
the sick that is operated exclusively for patients who use	37641
spiritual means for healing and for whom the acceptance of medical	37642
care is inconsistent with their religious beliefs, accredited by a	37643
national accrediting organization, exempt from federal income	37644
taxation under section 501 of the Internal Revenue Code of 1986,	37645
100 Stat. 2085, 26 U.S.C.A. 1, as amended, and providing	37646
twenty-four hour nursing care pursuant to the exemption in	37647
division (E) of section 4723.32 of the Revised Code from the	37648
licensing requirements of Chapter 4723. of the Revised Code.	37649

(3) "Joint commission" means the commission formerly known as	37650
the joint commission on accreditation of healthcare organizations	37651
or the joint commission on accreditation of hospitals.	37652

Sec. 3727.42. (A) Every hospital shall compile and make	37653
available for inspection by the public a price information list	37654
containing the information specified in division (B) of this	37655
section and shall periodically update the list to maintain current	37656
information. The price information list shall be compiled and made	37657
available in a format that complies with the electronic	37658
transaction standards and code sets adopted by the United States	37659
secretary of health and human services under 42 U.S.C. 1320d-2.	37660

(B) Each price information list required by division (A) of	37661
this section shall contain all of the following information:	37662

(1) The usual and customary room and board charges for each	37663
level of care within the hospital, including but not limited to	37664
private rooms, semiprivate rooms, other multiple patient rooms,	37665
and intensive care and other specialty units;	37666

(2) Rates charged for nursing care, if the hospital charges	37667
separately for nursing care;	37668

(3) The usual and customary charges, stated separately for	37669
inpatients and outpatients if different charges are imposed, for	37670
any of the following services provided by the hospital:	37671

(a) The thirty most common x-ray and radiological procedures;

37672

(b) The thirty most common laboratory procedures;

37673

37674

(d) Operating room services;

37675

(e) Delivery room services;

37676

(f) Physical, occupational, and pulmonary therapy services;

37677

(g) Any other services designated as high volume services by	37678
a rule which shall be adopted by the ~~public~~director of health	37679
~~council~~.	37680

(4) The hospital's billing policies, including whether the	37681
hospital charges interest on an amount not paid in full by any	37682
person or government entity and the interest rate charged;	37683

(5) Whether or not the charges listed include fees for the	37684
services of hospital-based anesthesiologists, radiologists,	37685
pathologists, and emergency room physicians and, if a charge does	37686
not include such fees, how such fee information can be obtained.	37687

(C) Every hospital shall do all of the following with the	37688
price information list required by this section:	37689

(1) At the time of admission, or as soon as practical	37690
thereafter, inform each patient of the availability of the list	37691
and on request provide the patient with a free copy of the list;	37692

(2) On request, provide a paper copy of the list to any	37693
person or governmental agency, subject to payment of a reasonable	37694
fee for copying and processing;	37695

(3) Make the list available free of charge on the hospital's	37696
internet web site.	37697

Sec. 3729.01. As used in this chapter:

37698

(A) "Camp operator" means the operator of a recreational	37699
vehicle park, recreation camp, combined park-camp, or temporary	37700
park-camp.	37701

(B) "Campsite user" means a person who enters into a campsite	37702
use agreement with a camp operator for the use of a campsite at a	37703
recreational vehicle park, recreation camp, combined park-camp, or	37704
temporary park-camp.	37705

(C) "Combined park-camp" means any tract of land upon which a	37706
combination of five or more self-contained recreational vehicles	37707
or portable camping units are placed and includes any roadway,	37708
building, structure, vehicle, or enclosure used or intended for	37709
use as part of the park facilities. A tract of land that is	37710
subdivided for lease or other contract of the individual lots is a	37711
combined park-camp if a combination of five or more recreational	37712
vehicles or portable camping units are placed on it for	37713
recreation, vacation, or business purposes.	37714

"Combined park-camp" does not include any tract of land used	37715
solely as a temporary park-camp or solely as a manufactured home	37716
park.	37717

(D) "Dependent recreational vehicle" means a recreational	37718
vehicle other than a self-contained recreational vehicle.	37719
"Dependent recreational vehicle" includes a park model.	37720

(E) "Development" means any artificial change to improved or	37721
unimproved real estate, including, without limitation, buildings	37722
or structures, dredging, filling, grading, paving, excavation or	37723
drilling operations, or storage of equipment or materials, and the	37724
construction, expansion, or substantial alteration of a	37725
recreational vehicle park, recreation camp, or combined park-camp,	37726
for which plan review is required under division (A) of section	37727
3729.03 of the Revised Code. "Development" does not include the	37728
building, construction, erection, or manufacture of any building	37729
to which section 3781.06 of the Revised Code is applicable.	37730

(F) "Director of health" means the director of health or the	37731
director's authorized representative.	37732

(G) "Flood" or "flooding" means either of the following:

37733

(1) A general and temporary condition of partial or complete	37734
inundation of normally dry land areas from any of the following:	37735

(a) The overflow of inland or tidal waters;

37736

(b) The unusual and rapid accumulation or runoff of surface	37737
waters from any source;	37738

(c) Mudslides that are proximately caused by flooding as	37739
defined in division (G)(1)(b) of this section and that are akin to	37740
a river of liquid and flowing mud on the surface of normally dry	37741
land areas, as when earth is carried by a current of water and	37742
deposited along the path of the current.	37743

(2) The collapse or subsidence of land along the shore of a	37744
lake or other body of water as a result of erosion or undermining	37745
that is caused by waves or currents of water exceeding anticipated	37746
cyclical levels or that is suddenly caused by an unusually high	37747
water level in a natural body of water, and that is accompanied by	37748
a severe storm, by an unanticipated force of nature, such as a	37749
flash flood, by an abnormal tidal surge, or by some similarly	37750
unusual and unforeseeable event, that results in flooding as	37751
defined in division (G)(1)(a) of this section.	37752

(H) "Flood plain" means the area adjoining any river, stream,	37753
watercourse, or lake that has been or may be covered by flood	37754
water.	37755

(I) "Licensor" means either the board of health of a city or	37756
general health district, or the authority having the duties of a	37757
board of health in any city as authorized by section 3709.05 of	37758
the Revised Code, or the director of health, when required under	37759
division (B) of section 3729.06 of the Revised Code. "Licensor"	37760
also means an authorized representative of any of those entities	37761
or of the director.	37762

(J) "Manufactured home park" has the same meaning as in	37763
section ~~3733.01~~4781.01 of the Revised Code.	37764

(K) "One-hundred-year flood" means a flood having a one per	37765
cent chance of being equaled or exceeded in any given year.	37766

(L) "One-hundred-year flood plain" means that portion of a	37767
flood plain inundated by a one-hundred-year flood.	37768

(M) "Operator" means the person who has responsible charge of	37769
a recreational vehicle park, recreation camp, combined park-camp,	37770
or temporary park-camp and who is licensed under this chapter.	37771

(N) "Park model" means a recreational vehicle that meets the	37772
American national standard institute standard A119.5(1988) for	37773
park trailers, is built on a single chassis, has a gross trailer	37774
area of not more than four hundred square feet when set up, is	37775
designed for seasonal or temporary living quarters, and may be	37776
connected to utilities necessary for operation of installed	37777
features and appliances.	37778

(O) "Person" has the same meaning as in section 1.59 of the	37779
Revised Code and also includes this state, any political	37780
subdivision of this state, and any other state or local body of	37781
this state.	37782

(P) "Portable camping units" means dependent recreational	37783
vehicles, tents, portable sleeping equipment, and similar camping	37784
equipment used for travel, recreation, vacation, or business	37785
purposes.	37786

(Q) "Recreation camp" means any tract of land upon which five	37787
or more portable camping units are placed and includes any	37788
roadway, building, structure, vehicle, or enclosure used or	37789
intended for use as a part of the facilities of the camp. A tract	37790
of land that is subdivided for lease or other contract of the	37791
individual lots is a recreation camp if five or more portable	37792
camping units are placed on it for recreation, vacation, or	37793
business purposes.	37794

"Recreation camp" does not include any tract of land used	37795
solely for the storage or display for sale of dependent	37796
recreational vehicles, solely as a temporary park-camp, or solely	37797
as a manufactured home park.	37798

(R) "Recreational vehicle" has the same meaning as in section	37799
4501.01 of the Revised Code.	37800

(S) "Recreational vehicle park" means any tract of land used	37801
for parking five or more self-contained recreational vehicles and	37802
includes any roadway, building, structure, vehicle, or enclosure	37803
used or intended for use as part of the park facilities and any	37804
tract of land that is subdivided for lease or other contract of	37805
the individual lots for the express or implied purpose of placing	37806
self-contained recreational vehicles for recreation, vacation, or	37807
business purposes.	37808

"Recreational vehicle park" does not include any tract of	37809
land used solely for the storage or display for sale of	37810
self-contained recreational vehicles, solely as a temporary	37811
park-camp, or solely as a manufactured home park.	37812

(T) "Self-contained recreational vehicle" means a	37813
recreational vehicle that can operate independent of connections	37814
to sewer and water and has plumbing fixtures or appliances all of	37815
which are connected to sewage holding tanks located within the	37816
vehicle. "Self-contained recreational vehicle" includes a park	37817
model.	37818

(U) "Substantially alter" means a change in the layout or	37819
design of a recreational vehicle park, recreation camp, combined	37820
park-camp, or temporary park-camp, including, without limitation,	37821
the movement of utilities or changes in established streets, lots,	37822
or sites or in other facilities.	37823

(V) "Temporary park-camp" means any tract of land used for a	37824
period not to exceed a total of twenty-one days per calendar year	37825
for the purpose of parking five or more recreational vehicles,	37826
dependent recreational vehicles, or portable camping units, or any	37827
combination thereof, for one or more periods of time that do not	37828
exceed seven consecutive days or parts thereof.	37829

(W) "Tract" means a contiguous area of land that consists of	37830
one or more parcels, lots, or sites that have been separately	37831
surveyed regardless of whether the individual parcels, lots, or	37832
sites have been recorded and regardless of whether the one or more	37833
parcels, lots, or sites are under common or different ownership.	37834

Sec. 3729.02. (A) The ~~public~~director of health ~~council~~,	37835
subject to Chapter 119. of the Revised Code, shall adopt rules of	37836
uniform application throughout the state governing the review of	37837
plans and issuance of licenses for and the location, layout,	37838
construction, drainage, sanitation, safety, and operation of	37839
recreational vehicle parks, recreation camps, and combined	37840
park-camps. The rules shall not apply to the construction,	37841
erection, or manufacture of any building to which section 3781.06	37842
of the Revised Code is applicable.	37843

(B) The ~~public health council~~director, subject to Chapter	37844
119. of the Revised Code, shall adopt rules of uniform application	37845
throughout the state governing the review of plans and issuance of	37846
licenses for and the layout, sanitation, safety, and operation of	37847
temporary park-camps. The rules shall not apply to the	37848
construction, erection, or manufacture of any building to which	37849
section 3781.06 of the Revised Code is applicable.	37850

Sec. 3729.03. (A) No person shall cause development to occur	37851
within any portion of a recreational vehicle park, recreation	37852
camp, or combined park-camp until the plans for the development	37853
have been submitted to and reviewed and approved by the director	37854
of health. This division does not require that plans be submitted	37855
to the director for approval for the replacement of recreational	37856
vehicles or portable camping units on previously approved sites in	37857
a recreational vehicle park, recreation camp, or combined	37858
park-camp when no development is to occur in connection with the	37859
replacement. Within thirty days after receipt of the plans, all	37860
supporting documents and materials required to complete the	37861
review, and the applicable plan review fee established under	37862
division (D) of this section, the director shall approve or	37863
disapprove the plans.	37864

(B) Any person aggrieved by the director's disapproval of a	37865
set of plans under division (A) of this section may request a	37866
hearing on the matter within thirty days after receipt of the	37867
director's notice of the disapproval. The hearing shall be held in	37868
accordance with Chapter 119. of the Revised Code. Thereafter, the	37869
disapproval may be appealed in the manner provided in section	37870
119.12 of the Revised Code.	37871

(C) The director shall establish a system by which	37872
development occurring within a recreational vehicle park,	37873
recreation camp, or combined park-camp is inspected or verified in	37874
accordance with rules adopted under division (A) of section	37875
3729.02 of the Revised Code to ensure that the development	37876
complies with the plans approved under division (A) of this	37877
section.	37878

(D) The ~~public health council~~director shall establish fees	37879
for reviewing plans under division (A) of this section and	37880
conducting inspections under division (C) of this section.	37881

(E) The director shall charge the appropriate fees	37882
established under division (D) of this section for reviewing plans	37883
under division (A) of this section and conducting inspections	37884
under division (C) of this section. All such plan review and	37885
inspection fees received by the director shall be transmitted to	37886
the treasurer of state and shall be credited to the general	37887
operations fund created in section 3701.83 of the Revised Code.	37888
Moneys so credited to the fund shall be used only for the purpose	37889
of administering and enforcing this chapter and rules adopted	37890
under it.	37891

(F) Plan approvals issued under this section do not	37892
constitute an exemption from the land use and building	37893
requirements of the political subdivision in which the	37894
recreational vehicle park, recreation camp, or combined park-camp	37895
is or is to be located.	37896

Sec. 3729.04. (A) No person shall cause development to occur	37897
within any portion of a recreational vehicle park, recreation	37898
camp, combined park-camp, or temporary park-camp that is located	37899
within a one-hundred-year flood plain in a municipal corporation	37900
unless the person first obtains a permit therefor from the	37901
municipal corporation in accordance with the flood plain	37902
management ordinance of the municipal corporation.	37903

(B) No person shall cause development to occur within any	37904
portion of a recreational vehicle park, recreation camp, combined	37905
park-camp, or temporary park-camp that is located within a	37906
one-hundred-year flood plain in an unincorporated area unless the	37907
person first obtains a permit therefor from the board of county	37908
commissioners of the county in which the development is to occur	37909
in accordance with the flood plain management resolution of the	37910
county adopted under section 307.37 of the Revised Code.	37911

(C) If development for which a permit is required under	37912
division (A) or (B) of this section is to occur on a site where a	37913
recreational vehicle or portable camping unit is or is to be	37914
located, the owner of the recreational vehicle or portable camping	37915
unit and the operator of the recreational vehicle park, recreation	37916
camp, or combined park-camp shall jointly obtain the permit. Each	37917
of the persons to whom a permit is jointly issued is responsible	37918
for compliance with the provisions of the approved permit that are	37919
applicable to that person.	37920

If development for which a permit is required under division	37921
(A) or (B) of this section is to occur within a temporary	37922
park-camp on a site where a recreational vehicle or portable	37923
camping unit is or is to be located, the owner of the temporary	37924
park-camp shall obtain the permit.	37925

(D) Fees established by a municipal corporation or county for	37926
the issuance of permits under division (A) or (B) of this section	37927
are not subject to regulation by the ~~public~~director of health	37928
~~council~~.	37929

Sec. 3729.07. The licensor of a recreational vehicle park,	37930
recreation camp, or combined park-camp may charge a fee for an	37931
annual license to operate such a park, camp, or park-camp. In the	37932
case of a temporary park-camp, the licensor may charge a fee for a	37933
license to operate the temporary park-camp for the period	37934
specified in division (A) of section 3729.05 of the Revised Code.	37935
The fees for both types of licenses shall be determined in	37936
accordance with section 3709.09 of the Revised Code and shall	37937
include the cost of licensing and all inspections.	37938

Except for the fee for a temporary park-camp license, the fee	37939
also shall include any additional amount determined by rule of the	37940
~~public~~director of health ~~council~~, which shall be collected and	37941
transmitted by the board of health to the director ~~of health~~	37942
pursuant to section 3709.092 of the Revised Code and used only for	37943
the purpose of administering and enforcing this chapter and rules	37944
adopted under it. The portion of any fee retained by the board of	37945
health shall be paid into a special fund and used only for the	37946
purpose of administering and enforcing this chapter and rules	37947
adopted under it.	37948

Sec. 3729.08. The licensor of the health district in which a	37949
recreational vehicle park, recreation camp, combined park-camp, or	37950
temporary park-camp is or is to be located, in accordance with	37951
Chapter 119. of the Revised Code, may refuse to grant, may	37952
suspend, or may revoke any license granted to any person for	37953
failure to comply with this chapter or with any rule adopted by	37954
the ~~public~~director of health ~~council~~ under section 3729.02 of the	37955
Revised Code.	37956

Sec. 3730.10. (A) ~~Not later than ninety days after the~~	37957
~~effective date of this section, the public~~The director of health	37958
~~council~~ shall adopt rules in accordance with Chapter 119. of the	37959
Revised Code as necessary for the implementation and enforcement	37960
of this chapter. The rules shall include all of the following:	37961

(1) Safety and sanitation standards and procedures to be	37962
followed to prevent the transmission of infectious diseases during	37963
the performance of tattooing and body piercing procedures;	37964

(2) Standards and procedures to be followed for appropriate	37965
disinfection and sterilization of all invasive equipment or parts	37966
of equipment used in tattooing procedures, body piercing	37967
procedures, and ear piercing procedures performed with an ear	37968
piercing gun;	37969

(3) Procedures for suspending and revoking approvals under	37970
section 3730.05 of the Revised Code.	37971

(B) The rules adopted under division (A)(1) of this section	37972
shall establish universal blood and body fluid precautions to be	37973
used by any individual who performs tattooing or body piercing	37974
procedures. The precautions shall include all of the following:	37975

(1) The appropriate use of hand washing;

37976

(2) The handling and disposal of all needles and other sharp	37977
instruments used in tattooing or body piercing procedures;	37978

(3) The wearing and disposal of gloves and other protective	37979
garments and devices.	37980

(C) The rules adopted under division (A) of this section may	37981
include standards and procedures to be followed by a business that	37982
offers tattooing or body piercing services to ensure that the	37983
individuals who perform tattooing or body piercing procedures for	37984
the business are adequately trained to perform the procedures	37985
properly.	37986

Sec. 3733.41. As used in sections 3733.41 to 3733.49 of the	37987
Revised Code:	37988

(A) "Agricultural labor camp" means one or more buildings or	37989
structures, trailers, tents, or vehicles, together with any land	37990
appertaining thereto, established, operated, or used as temporary	37991
living quarters for two or more families or five or more persons	37992
intending to engage in or engaged in agriculture or related food	37993
processing, whether occupancy is by rent, lease, or mutual	37994
agreement. "Agricultural labor camp" does not include a hotel or	37995
motel, or a manufactured home park regulated pursuant to ~~section~~	37996
~~3733.01~~sections 4781.26 to 4781.52 of the Revised Code, and rules	37997
adopted thereunder.	37998

(B) "Board of health" means the board of health of a city or	37999
general health district or the authority having the duties of a	38000
board of health in any city as authorized by section 3709.05 of	38001
the Revised Code or an authorized representative of the board of	38002
health.	38003

(C) "Director" means the director of ~~the department of~~ health	38004
or the authorized representative of the director of health.	38005

(D) "Licensor" means the director of health.

38006

(E) "Person" means the state, any political subdivision,	38007
public or private corporation, partnership, association, trust,	38008
individual, or other entity.	38009

~~(F) "Public health council" means the public health council~~	38010
~~as created by section 3701.33 of the Revised Code.~~	38011

Sec. 3733.42. The ~~public~~director of health ~~council~~, subject	38012
to sections 119.01 to 119.13 of the Revised Code, shall adopt	38013
rules having a uniform application throughout the state, governing	38014
the issuance of licenses, location, layout, construction, approval	38015
of plans, sanitation, safety, operation, use, and maintenance of	38016
agricultural labor camps. The rules shall establish minimum	38017
standards of habitability with which a licensee shall comply in	38018
operating an agricultural labor camp. The rules shall establish,	38019
beyond minimum standards of habitability, additional standards of	38020
habitability for those camps and shall establish priorities for	38021
those additional standards with which a licensee may ~~voluntary~~	38022
voluntarily comply.	38023

In addition to meeting the requirements of section 119.03 of	38024
the Revised Code, the director of health shall mail a notice of	38025
the date, time, and place of any hearing on the adoption,	38026
amendment, or rescission of such rules and the full text of the	38027
proposed rule, amendment, or rule to be rescinded, at least thirty	38028
days prior to the hearing date, to all persons currently	38029
authorized or licensed to operate camps by the department of	38030
health, or authorized or licensed to operate camps in the previous	38031
calendar year.	38032

Sec. 3734.01. As used in this chapter:

38033

(A) "Board of health" means the board of health of a city or	38034
general health district or the authority having the duties of a	38035
board of health in any city as authorized by section 3709.05 of	38036
the Revised Code.	38037

(B) "Director" means the director of environmental	38038
protection.	38039

(C) "Health district" means a city or general health district	38040
as created by or under authority of Chapter 3709. of the Revised	38041
Code.	38042

(D) "Agency" means the environmental protection agency.

38043

(E) "Solid wastes" means such unwanted residual solid or	38044
semisolid material as results from industrial, commercial,	38045
agricultural, and community operations, excluding earth or	38046
material from construction, mining, or demolition operations, or	38047
other waste materials of the type that normally would be included	38048
in demolition debris, nontoxic fly ash and bottom ash, including	38049
at least ash that results from the combustion of coal and ash that	38050
results from the combustion of coal in combination with scrap	38051
tires where scrap tires comprise not more than fifty per cent of	38052
heat input in any month, spent nontoxic foundry sand, and slag and	38053
other substances that are not harmful or inimical to public	38054
health, and includes, but is not limited to, garbage, scrap tires,	38055
combustible and noncombustible material, street dirt, and debris.	38056
"Solid wastes" does not include any material that is an infectious	38057
waste or a hazardous waste.	38058

(F) "Disposal" means the discharge, deposit, injection,	38059
dumping, spilling, leaking, emitting, or placing of any solid	38060
wastes or hazardous waste into or on any land or ground or surface	38061
water or into the air, except if the disposition or placement	38062
constitutes storage or treatment or, if the solid wastes consist	38063
of scrap tires, the disposition or placement constitutes a	38064
beneficial use or occurs at a scrap tire recovery facility	38065
licensed under section 3734.81 of the Revised Code.	38066

(G) "Person" includes the state, any political subdivision	38067
and other state or local body, the United States and any agency or	38068
instrumentality thereof, and any legal entity defined as a person	38069
under section 1.59 of the Revised Code.	38070

(H) "Open burning" means the burning of solid wastes in an	38071
open area or burning of solid wastes in a type of chamber or	38072
vessel that is not approved or authorized in rules adopted by the	38073
director under section 3734.02 of the Revised Code or, if the	38074
solid wastes consist of scrap tires, in rules adopted under	38075
division (V) of this section or section 3734.73 of the Revised	38076
Code, or the burning of treated or untreated infectious wastes in	38077
an open area or in a type of chamber or vessel that is not	38078
approved in rules adopted by the director under section 3734.021	38079
of the Revised Code.	38080

(I) "Open dumping" means the depositing of solid wastes into	38081
a body or stream of water or onto the surface of the ground at a	38082
site that is not licensed as a solid waste facility under section	38083
3734.05 of the Revised Code or, if the solid wastes consist of	38084
scrap tires, as a scrap tire collection, storage, monocell,	38085
monofill, or recovery facility under section 3734.81 of the	38086
Revised Code; the depositing of solid wastes that consist of scrap	38087
tires onto the surface of the ground at a site or in a manner not	38088
specifically identified in divisions (C)(2) to (5), (7), or (10)	38089
of section 3734.85 of the Revised Code; the depositing of	38090
untreated infectious wastes into a body or stream of water or onto	38091
the surface of the ground; or the depositing of treated infectious	38092
wastes into a body or stream of water or onto the surface of the	38093
ground at a site that is not licensed as a solid waste facility	38094
under section 3734.05 of the Revised Code.	38095

(J) "Hazardous waste" means any waste or combination of	38096
wastes in solid, liquid, semisolid, or contained gaseous form that	38097
in the determination of the director, because of its quantity,	38098
concentration, or physical or chemical characteristics, may do	38099
either of the following:	38100

(1) Cause or significantly contribute to an increase in	38101
mortality or an increase in serious irreversible or incapacitating	38102
reversible illness;	38103

(2) Pose a substantial present or potential hazard to human	38104
health or safety or to the environment when improperly stored,	38105
treated, transported, disposed of, or otherwise managed.	38106

"Hazardous waste" includes any substance identified by	38107
regulation as hazardous waste under the "Resource Conservation and	38108
Recovery Act of 1976," 90 Stat. 2806, 42 U.S.C.A. 6921, as	38109
amended, and does not include any substance that is subject to the	38110
"Atomic Energy Act of 1954," 68 Stat. 919, 42 U.S.C.A. 2011, as	38111
amended.	38112

(K) "Treat" or "treatment," when used in connection with	38113
hazardous waste, means any method, technique, or process designed	38114
to change the physical, chemical, or biological characteristics or	38115
composition of any hazardous waste; to neutralize the waste; to	38116
recover energy or material resources from the waste; to render the	38117
waste nonhazardous or less hazardous, safer to transport, store,	38118
or dispose of, or amenable for recovery, storage, further	38119
treatment, or disposal; or to reduce the volume of the waste. When	38120
used in connection with infectious wastes, "treat" or "treatment"	38121
means any method, technique, or process designed to render the	38122
wastes noninfectious, including, without limitation, steam	38123
sterilization and incineration, or, in the instance of wastes	38124
identified in division (R)(7) of this section, to substantially	38125
reduce or eliminate the potential for the wastes to cause	38126
lacerations or puncture wounds.	38127

(L) "Manifest" means the form used for identifying the	38128
quantity, composition, origin, routing, and destination of	38129
hazardous waste during its transportation from the point of	38130
generation to the point of disposal, treatment, or storage.	38131

(M) "Storage," when used in connection with hazardous waste,	38132
means the holding of hazardous waste for a temporary period in	38133
such a manner that it remains retrievable and substantially	38134
unchanged physically and chemically and, at the end of the period,	38135
is treated; disposed of; stored elsewhere; or reused, recycled, or	38136
reclaimed in a beneficial manner. When used in connection with	38137
solid wastes that consist of scrap tires, "storage" means the	38138
holding of scrap tires for a temporary period in such a manner	38139
that they remain retrievable and, at the end of that period, are	38140
beneficially used; stored elsewhere; placed in a scrap tire	38141
monocell or monofill facility licensed under section 3734.81 of	38142
the Revised Code; processed at a scrap tire recovery facility	38143
licensed under that section or a solid waste incineration or	38144
energy recovery facility subject to regulation under this chapter;	38145
or transported to a scrap tire monocell, monofill, or recovery	38146
facility, any other solid waste facility authorized to dispose of	38147
scrap tires, or a facility that will beneficially use the scrap	38148
tires, that is located in another state and is operating in	38149
compliance with the laws of the state in which the facility is	38150
located.	38151

(N) "Facility" means any site, location, tract of land,	38152
installation, or building used for incineration, composting,	38153
sanitary landfilling, or other methods of disposal of solid wastes	38154
or, if the solid wastes consist of scrap tires, for the	38155
collection, storage, or processing of the solid wastes; for the	38156
transfer of solid wastes; for the treatment of infectious wastes;	38157
or for the storage, treatment, or disposal of hazardous waste.	38158

(O) "Closure" means the time at which a hazardous waste	38159
facility will no longer accept hazardous waste for treatment,	38160
storage, or disposal, the time at which a solid waste facility	38161
will no longer accept solid wastes for transfer or disposal or, if	38162
the solid wastes consist of scrap tires, for storage or	38163
processing, or the effective date of an order revoking the permit	38164
for a hazardous waste facility or the registration certificate,	38165
permit, or license for a solid waste facility, as applicable.	38166
"Closure" includes measures performed to protect public health or	38167
safety, to prevent air or water pollution, or to make the facility	38168
suitable for other uses, if any, including, but not limited to,	38169
the removal of processing residues resulting from solid wastes	38170
that consist of scrap tires; the establishment and maintenance of	38171
a suitable cover of soil and vegetation over cells in which	38172
hazardous waste or solid wastes are buried; minimization of	38173
erosion, the infiltration of surface water into such cells, the	38174
production of leachate, and the accumulation and runoff of	38175
contaminated surface water; the final construction of facilities	38176
for the collection and treatment of leachate and contaminated	38177
surface water runoff, except as otherwise provided in this	38178
division; the final construction of air and water quality	38179
monitoring facilities, except as otherwise provided in this	38180
division; the final construction of methane gas extraction and	38181
treatment systems; or the removal and proper disposal of hazardous	38182
waste or solid wastes from a facility when necessary to protect	38183
public health or safety or to abate or prevent air or water	38184
pollution. With regard to a solid waste facility that is a scrap	38185
tire facility, "closure" includes the final construction of	38186
facilities for the collection and treatment of leachate and	38187
contaminated surface water runoff and the final construction of	38188
air and water quality monitoring facilities only if those actions	38189
are determined to be necessary.	38190

(P) "Premises" means either of the following:

38191

(1) Geographically contiguous property owned by a generator;

38192

(2) Noncontiguous property that is owned by a generator and	38193
connected by a right-of-way that the generator controls and to	38194
which the public does not have access. Two or more pieces of	38195
property that are geographically contiguous and divided by public	38196
or private right-of-way or rights-of-way are a single premises.	38197

(Q) "Post-closure" means that period of time following	38198
closure during which a hazardous waste facility is required to be	38199
monitored and maintained under this chapter and rules adopted	38200
under it, including, without limitation, operation and maintenance	38201
of methane gas extraction and treatment systems, or the period of	38202
time after closure during which a scrap tire monocell or monofill	38203
facility licensed under section 3734.81 of the Revised Code is	38204
required to be monitored and maintained under this chapter and	38205
rules adopted under it.	38206

(R) "Infectious wastes" includes all of the following	38207
substances or categories of substances:	38208

(1) Cultures and stocks of infectious agents and associated	38209
biologicals, including, without limitation, specimen cultures,	38210
cultures and stocks of infectious agents, wastes from production	38211
of biologicals, and discarded live and attenuated vaccines;	38212

(2) Laboratory wastes that were, or are likely to have been,	38213
in contact with infectious agents that may present a substantial	38214
threat to public health if improperly managed;	38215

(3) Pathological wastes, including, without limitation, human	38216
and animal tissues, organs, and body parts, and body fluids and	38217
excreta that are contaminated with or are likely to be	38218
contaminated with infectious agents, removed or obtained during	38219
surgery or autopsy or for diagnostic evaluation, provided that,	38220
with regard to pathological wastes from animals, the animals have	38221
or are likely to have been exposed to a zoonotic or infectious	38222
agent;	38223

(4) Waste materials from the rooms of humans, or the	38224
enclosures of animals, that have been isolated because of	38225
diagnosed communicable disease that are likely to transmit	38226
infectious agents. Such waste materials from the rooms of humans	38227
do not include any wastes of patients who have been placed on	38228
blood and body fluid precautions under the universal precaution	38229
system established by the centers for disease control in the	38230
public health service of the United States department of health	38231
and human services, except to the extent specific wastes generated	38232
under the universal precautions system have been identified as	38233
infectious wastes by rules adopted under division (R)(8) of this	38234
section.	38235

(5) Human and animal blood specimens and blood products that	38236
are being disposed of, provided that, with regard to blood	38237
specimens and blood products from animals, the animals were or are	38238
likely to have been exposed to a zoonotic or infectious agent.	38239
"Blood products" does not include patient care waste such as	38240
bandages or disposable gowns that are lightly soiled with blood or	38241
other body fluids unless those wastes are soiled to the extent	38242
that the generator of the wastes determines that they should be	38243
managed as infectious wastes.	38244

(6) Contaminated carcasses, body parts, and bedding of	38245
animals that were intentionally exposed to infectious agents from	38246
zoonotic or human diseases during research, production of	38247
biologicals, or testing of pharmaceuticals, and carcasses and	38248
bedding of animals otherwise infected by zoonotic or infectious	38249
agents that may present a substantial threat to public health if	38250
improperly managed;	38251

(7) Sharp wastes used in the treatment, diagnosis, or	38252
inoculation of human beings or animals or that have, or are likely	38253
to have, come in contact with infectious agents in medical,	38254
research, or industrial laboratories, including, without	38255
limitation, hypodermic needles and syringes, scalpel blades, and	38256
glass articles that have been broken;	38257

(8) Any other waste materials generated in the diagnosis,	38258
treatment, or immunization of human beings or animals, in research	38259
pertaining thereto, or in the production or testing of	38260
biologicals, that the ~~public~~director of health ~~council created in~~	38261
~~section 3701.33 of the Revised Code~~, by rules adopted in	38262
accordance with Chapter 119. of the Revised Code, identifies as	38263
infectious wastes after determining that the wastes present a	38264
substantial threat to human health when improperly managed because	38265
they are contaminated with, or are likely to be contaminated with,	38266
infectious agents.	38267

(S) "Infectious agent" means a type of microorganism,	38268
helminth, or virus that causes, or significantly contributes to	38269
the cause of, increased morbidity or mortality of human beings.	38270

(T) "Zoonotic agent" means a type of microorganism, helminth,	38271
or virus that causes disease in vertebrate animals and that is	38272
transmissible to human beings and causes or significantly	38273
contributes to the cause of increased morbidity or mortality of	38274
human beings.	38275

(U) "Solid waste transfer facility" means any site, location,	38276
tract of land, installation, or building that is used or intended	38277
to be used primarily for the purpose of transferring solid wastes	38278
that were generated off the premises of the facility from vehicles	38279
or containers into other vehicles for transportation to a solid	38280
waste disposal facility. "Solid waste transfer facility" does not	38281
include any facility that consists solely of portable containers	38282
that have an aggregate volume of fifty cubic yards or less nor any	38283
facility where legitimate recycling activities are conducted.	38284

(V) "Beneficially use" means to use a scrap tire in a manner	38285
that results in a commodity for sale or exchange or in any other	38286
manner authorized as a beneficial use in rules adopted by the	38287
director in accordance with Chapter 119. of the Revised Code.	38288

(W) "Commercial car," "commercial tractor," "farm machinery,"	38289
"motor bus," "vehicles," "motor vehicle," and "semitrailer" have	38290
the same meanings as in section 4501.01 of the Revised Code.	38291

(X) "Construction equipment" means road rollers, traction	38292
engines, power shovels, power cranes, and other equipment used in	38293
construction work, or in mining or producing or processing	38294
aggregates, and not designed for or used in general highway	38295
transportation.	38296

(Y) "Motor vehicle salvage dealer" has the same meaning as in	38297
section 4738.01 of the Revised Code.	38298

(Z) "Scrap tire" means an unwanted or discarded tire.

38299

(AA) "Scrap tire collection facility" means any facility that	38300
meets all of the following qualifications:	38301

(1) The facility is used for the receipt and storage of whole	38302
scrap tires from the public prior to their transportation to a	38303
scrap tire storage, monocell, monofill, or recovery facility	38304
licensed under section 3734.81 of the Revised Code; a solid waste	38305
incineration or energy recovery facility subject to regulation	38306
under this chapter; a premises within the state where the scrap	38307
tires will be beneficially used; or a scrap tire storage,	38308
monocell, monofill, or recovery facility, any other solid waste	38309
disposal facility authorized to dispose of scrap tires, or a	38310
facility that will beneficially use the scrap tires, that is	38311
located in another state, and that is operating in compliance with	38312
the laws of the state in which the facility is located.	38313

(2) The facility exclusively stores scrap tires in portable	38314
containers.	38315

(3) The aggregate storage of the portable containers in which	38316
the scrap tires are stored does not exceed five thousand cubic	38317
feet.	38318

(BB) "Scrap tire monocell facility" means an individual site	38319
within a solid waste landfill that is used exclusively for the	38320
environmentally sound storage or disposal of whole scrap tires or	38321
scrap tires that have been shredded, chipped, or otherwise	38322
mechanically processed.	38323

(CC) "Scrap tire monofill facility" means an engineered	38324
facility used or intended to be used exclusively for the storage	38325
or disposal of scrap tires, including at least facilities for the	38326
submergence of whole scrap tires in a body of water.	38327

(DD) "Scrap tire recovery facility" means any facility, or	38328
portion thereof, for the processing of scrap tires for the purpose	38329
of extracting or producing usable products, materials, or energy	38330
from the scrap tires through a controlled combustion process,	38331
mechanical process, or chemical process. "Scrap tire recovery	38332
facility" includes any facility that uses the controlled	38333
combustion of scrap tires in a manufacturing process to produce	38334
process heat or steam or any facility that produces usable heat or	38335
electric power through the controlled combustion of scrap tires in	38336
combination with another fuel, but does not include any solid	38337
waste incineration or energy recovery facility that is designed,	38338
constructed, and used for the primary purpose of incinerating	38339
mixed municipal solid wastes and that burns scrap tires in	38340
conjunction with mixed municipal solid wastes, or any tire	38341
retreading business, tire manufacturing finishing center, or tire	38342
adjustment center having on the premises of the business a single,	38343
covered scrap tire storage area at which not more than four	38344
thousand scrap tires are stored.	38345

(EE) "Scrap tire storage facility" means any facility where	38346
whole scrap tires are stored prior to their transportation to a	38347
scrap tire monocell, monofill, or recovery facility licensed under	38348
section 3734.81 of the Revised Code; a solid waste incineration or	38349
energy recovery facility subject to regulation under this chapter;	38350
a premises within the state where the scrap tires will be	38351
beneficially used; or a scrap tire storage, monocell, monofill, or	38352
recovery facility, any other solid waste disposal facility	38353
authorized to dispose of scrap tires, or a facility that will	38354
beneficially use the scrap tires, that is located in another	38355
state, and that is operating in compliance with the laws of the	38356
state in which the facility is located.	38357

(FF) "Used oil" means any oil that has been refined from	38358
crude oil, or any synthetic oil, that has been used and, as a	38359
result of that use, is contaminated by physical or chemical	38360
impurities. "Used oil" includes only those substances identified	38361
as used oil by the United States environmental protection agency	38362
under the "Used Oil Recycling Act of 1980," 94 Stat. 2055, 42	38363
U.S.C.A. 6901a, as amended.	38364

(GG) "Accumulated speculatively" has the same meaning as in	38365
rules adopted by the director under section 3734.12 of the Revised	38366
Code.	38367

Sec. 3734.131. (A)(1) Except as provided in divisions (D)(1)	38368
and (2) of this section, no person shall transport any solid	38369
wastes from outside this state to a solid waste facility in this	38370
state unless that person has first irrevocably consented in	38371
writing to the jurisdiction of the courts of this state and	38372
service of process in this state, including, without limitation,	38373
summonses and subpoenas, for any civil or criminal proceeding	38374
arising out of or relating to the wastes that are shipped to a	38375
facility in this state.	38376

(2) The original of the consent-to-jurisdiction document	38377
shall be legible and shall be filed with the director of	38378
environmental protection on a form provided by the director. A	38379
legible copy of the completed document shall be filed with the	38380
owner or operator of each solid waste facility to which the wastes	38381
are transported. A consent-to-jurisdiction document applies only	38382
to shipments into this state of wastes described in division	38383
(A)(1) of this section.	38384

(3) All consent-to-jurisdiction documents required under	38385
division (A)(1) or (3) of this section shall be refiled during the	38386
month of December, 1995, and during the month of December of every	38387
fourth year thereafter. Except as provided in division (D)(1) of	38388
this section, after December 31, 1995, or after the thirty-first	38389
day of December of every fourth year thereafter, whichever is	38390
applicable, no person shall continue to transport any solid wastes	38391
from outside this state to a solid waste facility in this state	38392
unless the person refiles with the director and the owner or	38393
operator of each facility to which the wastes are transported	38394
consent-to-jurisdiction documents, in the manner prescribed in	38395
division (A)(2) of this section, during the month of December next	38396
preceding the period for which the refiled document is required.	38397

(4) If the address of a person changes from that listed on	38398
the current consent-to-jurisdiction document filed under division	38399
(A)(1) or (3) of this section, the person shall file amended	38400
consent-to-jurisdiction documents containing the new address with	38401
the director and the owner or operator of each facility to which	38402
the wastes are transported.	38403

(5)(a) Except as provided in division (D)(1) of this section,	38404
no person identified in divisions (D)(2)(a) to (d) of this section	38405
shall transport any solid wastes from outside this state to a	38406
solid waste facility in this state unless the person has first	38407
filed a notification and authorization document naming the	38408
person's agent who is authorized to accept service of process in	38409
this state, including, without limitation, summonses and	38410
subpoenas, for any civil or criminal proceeding arising out of or	38411
relating to the wastes that are shipped to a facility in this	38412
state.	38413

The original of the notification and authorization document	38414
shall be legible and shall be filed with the director on a form	38415
provided by the director. A legible copy of the completed document	38416
shall be filed with the owner or operator of each solid waste	38417
facility to which the wastes are transported.	38418

(b) All notification and authorization documents required	38419
under division (A)(5) of this section shall be refiled during the	38420
month of December, 1995, and during the month of December of every	38421
fourth year thereafter. Except as provided in division (D)(1) of	38422
this section, after December 31, 1995, or after the thirty-first	38423
day of December of every fourth year thereafter, whichever is	38424
applicable, no person identified in divisions (D)(2)(a) to (d) of	38425
this section shall continue to transport any solid wastes from	38426
outside this state to a solid waste facility in this state unless	38427
the person refiles with the director and the owner or operator of	38428
each facility to which the wastes are transported notification and	38429
authorization documents, in the manner prescribed in division	38430
(A)(5)(a) of this section, during the month of December next	38431
preceding the period for which the refiled document is required.	38432

(c) If a person's agent or the address of a person's agent	38433
changes from that listed on the current notification and	38434
authorization document filed under division (A)(5)(a) or (b) of	38435
this section, the person shall file amended notification and	38436
authorization documents containing the name and address of the new	38437
agent or the agent's new address with the director and the owner	38438
or operator of each facility to which the wastes are transported.	38439

(B) A person who enters this state pursuant to a summons,	38440
subpoena, or other form of process authorized by this section is	38441
not subject to arrest or the service of process, whether civil or	38442
criminal, in connection with other matters that arose before his	38443
entrance into this state pursuant to the summons, subpoena, or	38444
other form of process authorized by this section.	38445

(C)(1) Except as provided in division (D)(1) of this section,	38446
no owner, operator, or employee of a solid waste facility shall	38447
accept for treatment, transfer, storage, or disposal at the	38448
facility any solid wastes from outside the boundaries of this	38449
state unless the facility has received a copy of the	38450
consent-to-jurisdiction document or notification and authorization	38451
document required under this section and applicable to the wastes.	38452

(2) The owner or operator of a solid waste facility shall	38453
keep the consent-to-jurisdiction documents and the notification	38454
and authorization documents filed with him under this section at	38455
the facility in such a location and manner that they are readily	38456
accessible to the director or his authorized representative, and	38457
the board of health having jurisdiction over the facility and its	38458
authorized representative, for the purposes of sections 3734.07	38459
and 3734.10 of the Revised Code.	38460

(D)(1) Divisions (A), (B), and (C) of this section do not	38461
apply to the transportation, transfer, or disposal of solid wastes	38462
from residential premises located less than ten miles outside the	38463
boundaries of this state.	38464

(2) Divisions (A)(1) to (4) of this section do not apply to	38465
any of the following:	38466

(a) A corporation incorporated under the laws of this state	38467
that has appointed a statutory agent pursuant to section 1701.07	38468
of the Revised Code;	38469

(b) A foreign corporation licensed to transact business in	38470
this state that has appointed a designated agent pursuant to	38471
section 1703.041 of the Revised Code;	38472

(c) A ~~nonresident~~ motor carrier ~~that has designated an agent~~	38473
~~pursuant to~~, as defined in section ~~4919.77~~4923.01 of the Revised	38474
Code, that is a nonresident;	38475

(d) Any other person who is a resident of this state.

38476

Sec. 3734.15. (A) No person shall transport hazardous waste	38477
anywhere in this state unless hethe person has first registered	38478
with and obtained a uniform permit from the public utilities	38479
commission in accordance with ~~section 4905.80~~Chapter 4921. of the	38480
Revised Code.	38481

For the purposes of this section, "registered transporter"	38482
means any person who is registered with and has received a uniform	38483
permit from the public utilities commission pursuant to ~~section~~	38484
~~4905.80~~Chapter 4921. of the Revised Code.	38485

(B) A registered transporter of hazardous waste shall be	38486
responsible for the safe delivery of any hazardous waste that he	38487
the registered transporter transports from such time as hethe	38488
registered transporter obtains the waste until hethe registered	38489
transporter delivers it to a treatment, storage, or disposal	38490
facility specified in division (F) of section 3734.02 of the	38491
Revised Code, as recorded on the manifest required in division (B)	38492
of section 3734.12 of the Revised Code. Any registered transporter	38493
who violates this chapter or any rule adopted under the chapter	38494
while transporting hazardous waste shall be liable for any damage	38495
or injury caused by the violation and for the costs of rectifying	38496
the violation and conditions caused by the violation.	38497

(C) No person who generates hazardous waste shall cause the	38498
waste to be transported by any person who is not a registered	38499
transporter. No person shall accept for treatment, storage, or	38500
disposal any hazardous waste from an unregistered transporter. Any	38501
person who is requested to accept such waste for treatment,	38502
storage, or disposal shall notify the director, the board of	38503
health in ~~his~~the person's location, and the public utilities	38504
commission of the request.	38505

If a generator causes an unregistered transporter to	38506
transport the hazardous waste, the generator of the waste, the	38507
transporter, and any person who accepts the waste for treatment,	38508
storage, or disposal shall be jointly and severally liable for any	38509
damage or injury caused by the handling of the waste and for the	38510
costs of rectifying their violation and conditions caused by their	38511
violation.	38512

Sec. 3734.51. There is hereby created within the	38513
environmental protection agency the solid waste management	38514
advisory council consisting of the directors of environmental	38515
protection,and development~~, and natural resources~~, or their	38516
designees, as members ex officio, one member of the senate to be	38517
appointed by the president of the senate, one member of the house	38518
of representatives to be appointed by the speaker of the house of	38519
representatives, and fourteen members to be appointed by the	38520
governor with the advice and consent of the senate. Of the	38521
appointed members, one shall be an employee of a health district	38522
whose duties include enforcement of the solid waste provisions of	38523
this chapter, two shall represent the interests of counties, two	38524
shall represent the interests of municipal corporations, two shall	38525
represent the interests of townships, one shall represent the	38526
interests of county solid waste management districts, one shall	38527
represent the interests of joint solid waste management districts,	38528
one shall represent the interests of industrial generators of	38529
solid wastes, one shall be from the private recycling industry,	38530
one shall be from the private solid waste management industry, one	38531
shall be from a statewide environmental advocacy organization, and	38532
one shall represent the public. ~~Within ninety days after June 24,~~	38533
~~1988, the governor shall make the initial appointments to the~~	38534
~~advisory council. Of those initial appointments, six shall be for~~	38535
~~a term ending June 24, 1989, and six shall be for a term ending~~	38536
~~June 24, 1990. The governor shall make the initial appointments to~~	38537
~~the advisory council of the members representing county and joint~~	38538
~~solid waste management districts within ninety days after the~~	38539
~~effective date of this amendment. Of the initial appointments of~~	38540
~~the members representing solid waste management districts, one~~	38541
~~shall be for a term ending June 24, 1993, and one shall be for a~~	38542
~~term ending June 24, 1994. Thereafter, terms~~Terms of office shall	38543
be for two years with each term ending on the same day of the same	38544
month as did the term that it succeeds. Each member shall hold	38545
office from the date of ~~his~~ appointment until the end of the term	38546
for which hethe member was appointed. Members may be reappointed.	38547
Vacancies shall be filled in the manner provided for original	38548
appointments. Any member appointed to fill a vacancy occurring	38549
prior to the expiration of the term for which ~~his~~the member's	38550
predecessor was appointed shall hold office for the remainder of	38551
that term. A member shall continue in office subsequent to the	38552
expiration of ~~his~~the member's term or until a period of sixty	38553
days has elapsed, whichever occurs first.	38554

The advisory council shall hold at least four regular	38555
quarterly meetings each year. Special meetings may be held at the	38556
behest of the ~~chairman~~chairperson or a majority of the members.	38557
The director of environmental protection shall serve as ~~chairman~~	38558
chairperson of the advisory council. The advisory council annually	38559
shall select from among its members a vice-~~chairman~~chairperson	38560
and a secretary to keep a record of its proceedings. A majority	38561
vote of the members of the advisory council is necessary to take	38562
action on any matter.	38563

Serving as an appointed member of the advisory council does	38564
not constitute holding a public office or position of employment	38565
under the laws of this state and does not constitute grounds for	38566
removal of public officers or employees from their offices or	38567
positions of employment. The governor may remove an appointed	38568
member of the advisory council at any time for misfeasance,	38569
nonfeasance, or malfeasance in office.	38570

Appointed members of the advisory council shall serve without	38571
compensation for attending council meetings. Members of the	38572
advisory council shall be reimbursed for their actual and	38573
necessary expenses incurred in the performance of their duties as	38574
members of the council from moneys appropriated to the	38575
environmental protection agency for administration and enforcement	38576
of the solid waste provisions of this chapter.	38577

The advisory council shall do all of the following:

38578

(A) Advise and assist the director of environmental	38579
protection with preparation of the state solid waste management	38580
plan and periodic revisions to the plan under section 3734.50 of	38581
the Revised Code;	38582

(B) Approve or disapprove the draft state solid waste	38583
management plan and periodic revisions prior to adoption of the	38584
plan under section 3734.50 of the Revised Code;	38585

(C) Annually review implementation of the state solid waste	38586
management plan and the solid waste management plans of county and	38587
joint solid waste management districts approved or ordered to be	38588
implemented under section 3734.521 or 3734.55 of the Revised Code	38589
or amendments to those plans approved or ordered to be implemented	38590
under section 3734.521 or 3734.56 of the Revised Code, and report	38591
its findings to the director.	38592

Sec. 3734.55. (A) Upon completion of its draft solid waste	38593
management plan under section 3734.54 of the Revised Code, the	38594
solid waste management policy committee of a county or joint solid	38595
waste management district shall send a copy of the draft plan to	38596
the director of environmental protection for preliminary review	38597
and comment. Within forty-five days after receiving the draft	38598
plan, the director shall provide the committee with a written,	38599
nonbinding advisory opinion regarding the draft plan and any	38600
recommended changes to it that the director considers necessary to	38601
effect its approval. After receipt of the director's written	38602
opinion, the committee may make such revisions to the draft plan	38603
based on the director's opinion as it considers appropriate. Upon	38604
receipt of the director's opinion and after making any such	38605
revisions to the draft plan, the committee shall prepare and	38606
publish in at least one newspaper of general circulation within	38607
the county or joint district a public notice that describes the	38608
draft plan, specifies the location where it is available for	38609
review, and establishes a period of thirty days for comments	38610
concerning the draft plan. The committee shall send written notice	38611
of the draft plan to adjacent county and joint districts and shall	38612
make it available for review by those districts, by the board of	38613
county commissioners of each county forming the district, by all	38614
municipal corporations and townships within the county or joint	38615
district, and by the public. The committee also shall send written	38616
notice of the plan to the director and to the fifty industrial,	38617
commercial, or institutional generators of solid wastes within the	38618
district that generate the largest quantities of solid wastes, as	38619
determined by the board, and their local trade associations. The	38620
board shall make good faith efforts to identify those generators	38621
within the district and their local trade associations, but the	38622
nonprovision of notice under this division to a particular	38623
industrial, commercial, or institutional generator or local trade	38624
association does not invalidate the proceedings under this	38625
section. All such written notices shall include the date, time,	38626
and location of the public hearing; the dates when the comment	38627
period begins and ends; and a description of the plan that	38628
includes, without limitation, the proposed amount of the fees to	38629
be levied under the plan pursuant to division (B) of section	38630
3734.57 or division (A) of section 3734.573 of the Revised Code,	38631
if any, and an indication as to whether the provision required to	38632
be included in the plan under division (E)(1) of section 3734.53	38633
of the Revised Code authorizes the board of county commissioners	38634
or directors of the district to establish, or precludes the board	38635
from establishing, facility designations under section 343.014 of	38636
the Revised Code. Within fifteen days after expiration of the	38637
comment period, the committee shall conduct a public hearing	38638
concerning the draft plan and, at least fifteen days before the	38639
hearing, shall publish in at least one newspaper of general	38640
circulation within the county or joint district a notice	38641
containing the time and place of the hearing and the location	38642
where the draft plan is available for review.	38643

(B) After the public hearing, the committee may modify the	38644
draft plan based upon the public's comments and shall adopt or	38645
reject it by a majority vote. Within thirty days after adoption of	38646
the draft plan, the committee shall deliver a copy of it to the	38647
board of county commissioners of each county forming the district	38648
and to the legislative authority of each municipal corporation and	38649
township under the jurisdiction of the district. Within ninety	38650
days after receiving a copy of the draft plan adopted by the	38651
committee, each such board and legislative authority shall approve	38652
or disapprove the draft plan, by ordinance or resolution, and	38653
deliver a copy of the ordinance or resolution to the committee.	38654

The solid waste management policy committee of a county	38655
district or a joint district formed by two or three counties shall	38656
declare the draft plan to be ratified as the solid waste	38657
management plan of the district upon determining that the board of	38658
county commissioners of each county forming the district has	38659
approved the draft plan and that the legislative authorities of a	38660
combination of municipal corporations and townships with a	38661
combined population within the county or joint district comprising	38662
at least sixty per cent of the total population of the district	38663
have approved the draft plan, provided that in the case of a	38664
county district, that combination shall include the municipal	38665
corporation having the largest population within the boundaries of	38666
the district, and provided further that in the case of a joint	38667
district formed by two or three counties, that combination shall	38668
include for each county forming the joint district the municipal	38669
corporation having the largest population within the boundaries of	38670
both the county in which the municipal corporation is located and	38671
the joint district. The solid waste management policy committee of	38672
a joint district formed by four or more counties shall declare the	38673
draft plan to be ratified as the solid waste management plan of	38674
the joint district upon determining that the boards of county	38675
commissioners of a majority of the counties forming the district	38676
have approved the draft plan; that, in each of a majority of the	38677
counties forming the joint district, the draft plan has been	38678
approved by the municipal corporation having the largest	38679
population within the county and the joint district; and that the	38680
legislative authorities of a combination of municipal corporations	38681
and townships with a combined population within the joint district	38682
comprising at least sixty per cent of the total population of the	38683
joint district have approved the draft plan.	38684

For the purposes of this division and division (C)(2) of this	38685
section, only the population of the unincorporated area of a	38686
township shall be considered. For the purpose of determining the	38687
largest municipal corporation within each county under this	38688
division and division (C)(2) of this section, a municipal	38689
corporation that is located in more than one solid waste	38690
management district, but that is under the jurisdiction of one	38691
county or joint solid waste management district in accordance with	38692
division (A) of section 3734.52 of the Revised Code shall be	38693
considered to be within the boundaries of the county in which a	38694
majority of the population of the municipal corporation resides.	38695

(C)(1) Upon ratification of the draft plan under division (B)	38696
of this section, the committee shall submit it to the director for	38697
review and approval for compliance with the requirements of	38698
divisions (A), (B), (D), and (E)(1) of section 3734.53 of the	38699
Revised Code. The director, by order, shall approve or disapprove	38700
the plan within ninety days after its submission. The director	38701
shall include with an order disapproving a plan a statement	38702
outlining the deficiencies in the plan and directing the committee	38703
to submit, within ninety days after issuance of the order, a	38704
revised plan that remedies those deficiencies, except that if the	38705
committee, by resolution, requests an extension of the time for	38706
submission of a revised plan, the director, for good cause shown,	38707
may grant one such extension for a period of not more than sixty	38708
additional days.	38709

(2) Within sixty days after issuance of the order	38710
disapproving its plan, the committee shall prepare a draft revised	38711
plan, adopt a draft revised plan by a majority vote, and deliver a	38712
copy of the draft revised plan to the board of county	38713
commissioners of each county forming the district and to the	38714
legislative authority of each municipal corporation and township	38715
under the jurisdiction of the district. Within twenty-one days	38716
after the delivery of the draft revised plan, each such board and	38717
legislative authority shall approve or disapprove the draft	38718
revised plan, by ordinance or resolution, and deliver a copy of	38719
the ordinance or resolution to the committee. In the case of a	38720
county district or a joint district formed by two or three	38721
counties, the committee shall declare the draft revised plan to be	38722
ratified as the solid waste management plan of the county or joint	38723
district upon determining that the board of county commissioners	38724
of each county forming the district has approved the draft revised	38725
plan and that the legislative authorities of a combination of	38726
municipal corporations and townships with a combined population	38727
within the district comprising at least sixty per cent of the	38728
total population of the district have approved the draft revised	38729
plan, provided that in the case of a county district, that	38730
combination shall include the municipal corporation having the	38731
largest population within the boundaries of the district, and	38732
provided further that in the case of a joint district formed by	38733
two or three counties, that combination shall include for each	38734
county forming the joint district the municipal corporation having	38735
the largest population within the boundaries of both the county in	38736
which the municipal corporation is located and the joint district.	38737
In the case of a joint district formed by four or more counties,	38738
the committee shall declare the draft revised plan to be ratified	38739
as the solid waste management plan of the joint district upon	38740
determining that the boards of county commissioners of a majority	38741
of the counties forming the district have approved the draft	38742
revised plan; that, in each of a majority of the counties forming	38743
the joint district, the draft revised plan has been approved by	38744
the municipal corporation having the largest population within the	38745
county and the joint district; and that the legislative	38746
authorities of a combination of municipal corporations and	38747
townships with a combined population within the joint district	38748
comprising at least sixty per cent of the total population of the	38749
joint district have approved the draft revised plan. Upon	38750
ratification of the draft revised plan, the committee shall submit	38751
it to the director for approval in accordance with division (C)(1)	38752
of this section. The director, by order, shall approve or	38753
disapprove the draft revised plan within thirty days after	38754
receiving it.	38755

(3) Notwithstanding section 119.06 of the Revised Code, the	38756
director may approve or disapprove a plan or revised plan	38757
submitted under division (C)(1) or (2) of this section by issuance	38758
of a final order that is effective upon issuance, without the	38759
necessity to hold any adjudication hearing in connection with the	38760
order and without issuance of a proposed action under section	38761
3745.07 of the Revised Code. In any appeal taken under section	38762
3745.04 of the Revised Code pertaining to the director's	38763
disapproval of the solid waste management plan or revised plan of	38764
a county or joint district, the solid waste management policy	38765
committee of the county or joint district and the director shall	38766
be the parties. Upon a showing by the policy committee that there	38767
is a substantial likelihood that it will prevail on the merits,	38768
the environmental review appeals commission, within thirty days	38769
after filing of the notice of appeal under that section and	38770
pending final determination of the appeal, may grant temporary	38771
relief from the director's order disapproving the district's plan,	38772
including the issuance of appropriate orders to the director to	38773
refrain from acting under division (D) of this section.	38774

(4) After approval of the plan or revised plan by the	38775
director, the board of county commissioners of a county district	38776
or board of directors of a joint district shall implement the plan	38777
in compliance with the implementation schedule contained in the	38778
approved plan.	38779

The committee annually shall review implementation of the	38780
plan approved under this section or section 3734.521 of the	38781
Revised Code and subsequent amended plans approved under section	38782
3734.521 or 3734.56 of the Revised Code and report its findings	38783
and recommendations regarding implementation of the plan to the	38784
board of county commissioners or board of directors of the	38785
district.	38786

(D) If the director finds that a county or joint solid waste	38787
management district has failed to obtain approval of its solid	38788
waste management plan within eighteen months after the applicable	38789
date prescribed for submission of its plan under division (A) of	38790
section 3734.54 of the Revised Code or within twenty-four months	38791
after that date if the date for submission was extended under that	38792
division, the director shall prepare a solid waste management plan	38793
for the county or joint district that complies with divisions (A)	38794
and (D) of section 3734.53 of the Revised Code. The plan shall not	38795
contain any of the provisions required or authorized to be	38796
included in plans submitted by districts under division (B), (C),	38797
or (E) of that section. Upon completion of the plan, the director	38798
shall issue an order in accordance with Chapter 3745. of the	38799
Revised Code directing the board of county commissioners or board	38800
of directors of the district to implement the plan in compliance	38801
with the implementation schedule contained in it.	38802

Within thirty days after the effective date of the order to	38803
implement the plan, the board of county commissioners or board of	38804
directors of the district shall determine whether the solid waste	38805
management policy committee of the district should continue to	38806
exist to monitor implementation of the plan or for the purposes of	38807
division (B) of section 3734.57 or section 3734.574 of the Revised	38808
Code. The board, by resolution, may abolish the committee if it	38809
determines that the committee is not necessary for any of those	38810
purposes. If the board of county commissioners or directors of a	38811
district that has so abolished the policy committee of the	38812
district finds that it is necessary or appropriate for the	38813
district to consider levying fees under section 3734.574 of the	38814
Revised Code, the board shall reestablish and convene the policy	38815
committee to initiate proceedings to levy the fees. If the fees	38816
are levied, the policy committee shall continue to exist for as	38817
long as the district is levying the fees. If, after a policy	38818
committee is convened to initiate proceedings to levy those fees,	38819
the fees are not levied or are abolished under section 3734.574 of	38820
the Revised Code, the board, by resolution, may abolish the	38821
committee if it determines that the committee is not necessary to	38822
monitor implementation of the plan.	38823

(E) If the director finds that the board of county	38824
commissioners or the board of directors of a district has	38825
materially failed to implement the district's plan or amended plan	38826
approved under division (C) of this section or section 3734.521 or	38827
3734.56 of the Revised Code, or prepared and ordered to be	38828
implemented under division (D) of this section or section 3734.521	38829
or 3734.56 of the Revised Code, in compliance with the	38830
implementation schedule contained in the plan or amended plan, the	38831
director shall issue an enforcement order under division (A) of	38832
section 3734.13 of the Revised Code directing the board to comply	38833
with the implementation schedule in the plan or amended plan	38834
within a specified, reasonable time. If the director finds that	38835
the board of county commissioners or directors of a district for	38836
which the provision included in the district's initial or amended	38837
plan approved under section 3734.521, 3734.55, or 3734.56 of the	38838
Revised Code pursuant to division (E)(1) or (2)(b) or (c) of	38839
section 3734.53 of the Revised Code, or an amendment to the	38840
district's approved initial or amended plan adopted and ratified	38841
under division (F) of section 3734.56 of the Revised Code,	38842
precludes the board from establishing facility designations under	38843
section 343.014 of the Revised Code has initiated proceedings to	38844
establish facility designations in violation of that section and	38845
the district's initial or amended plan, the director shall issue	38846
an enforcement order under division (A) of section 3734.13 of the	38847
Revised Code directing the board, at the board's discretion, to	38848
either abandon the proceedings or suspend them until after the	38849
board has adopted and obtained ratification of an amendment to the	38850
district's initial or amended plan under division (F) of section	38851
3734.56 of the Revised Code that authorizes the board to establish	38852
facility designations under section 343.014 of the Revised Code.	38853
If the director finds that a board of county commissioners or	38854
directors of a district for which the provision included in the	38855
district's initial or amended plan approved under section	38856
3734.521, 3734.55, or 3734.56 of the Revised Code pursuant to	38857
division (E)(1) or (2)(b) or (c) of section 3734.53 of the Revised	38858
Code, or an amendment to the district's approved initial or	38859
amended plan adopted and ratified under division (F) of section	38860
3734.56 of the Revised Code, authorizes the board to establish	38861
facility designations under section 343.014 of the Revised Code	38862
has established facility designations under section 343.014 of the	38863
Revised Code or continued facility designations under section	38864
343.015 of the Revised Code and subsequently has initiated	38865
proceedings to terminate any such facility designations in	38866
violation of section 343.014 of the Revised Code and the	38867
district's initial or amended plan, the director shall issue an	38868
enforcement order under division (A) of section 3734.13 of the	38869
Revised Code directing the board, at the board's discretion, to	38870
either abandon the proceedings or adopt and obtain ratification of	38871
an amendment to the district's initial or amended plan under	38872
division (F) of section 3734.56 of the Revised Code that precludes	38873
the board from establishing facility designations under section	38874
343.014 of the Revised Code.	38875

(F) The director shall maintain a record of the county and	38876
joint solid waste management district solid waste management plans	38877
and amended plans that the director has approved or ordered to be	38878
implemented under this section, section 3734.521, and section	38879
3734.56 of the Revised Code. ~~Upon determining that each county~~	38880
~~within the state is subject to such a plan or amended plan, the~~	38881
~~director shall notify the chief of recycling and litter prevention~~	38882
~~in the department of natural resources of that fact.~~	38883

(G)(1) As used in divisions (C)(4), (D)(1) and (2), and (E)	38884
of this section and section 3734.521 of the Revised Code, any	38885
reference to a board of county commissioners of a county or a	38886
board of directors of a joint solid waste management district is	38887
deemed to include the board of trustees of a regional solid waste	38888
management authority formed under section 343.011 of the Revised	38889
Code.	38890

(2) As used in this section and sections 3734.521 and 3734.57	38891
of the Revised Code, "deliver" includes mailing as well as	38892
delivery by a means other than mailing.	38893

Sec. 3734.79. (A) Except as provided in division (B) of this	38894
section, each application for a permit submitted under sections	38895
3734.76 to 3734.78 of the Revised Code shall be accompanied by a	38896
nonrefundable application fee of four hundred dollars that shall	38897
be credited to the scrap tire management fund created in section	38898
3734.82 of the Revised Code. If a permit is issued, the amount of	38899
the application fee paid shall be deducted from the amount of the	38900
applicable permit fee due under division ~~(G)~~(R) of section 3745.11	38901
of the Revised Code.	38902

(B) Division (A) of this section does not apply to an	38903
application for a permit for a scrap tire storage facility	38904
submitted under section 3734.76 of the Revised Code if the owner	38905
or operator of the facility or proposed facility is a motor	38906
vehicle salvage dealer licensed under Chapter 4738. of the Revised	38907
Code.	38908

Sec. 3734.82. (A) The annual fee for a scrap tire recovery	38909
facility license issued under section 3734.81 of the Revised Code	38910
shall be in accordance with the following schedule:	38911

Daily Design	Annual	38912
Input Capacity	License	38913
(Tons)	Fee	38914

1 or less	$ 100	38915
2 to 25	500	38916
26 to 50	1,000	38917
51 to 100	1,500	38918
101 to 200	2,500	38919
201 to 500	3,500	38920
501 or more	5,500	38921

For the purpose of determining the applicable license fee	38922
under this division, the daily design input capacity shall be the	38923
quantity of scrap tires the facility is designed to process daily	38924
as set forth in the registration certificate or permit for the	38925
facility, and any modifications to the permit, if applicable,	38926
issued under section 3734.78 of the Revised Code.	38927

(B) The annual fee for a scrap tire monocell or monofill	38928
facility license shall be in accordance with the following	38929
schedule:	38930

Authorized Maximum	Annual	38931
Daily Waste Receipt	License	38932
(Tons)	Fee	38933
100 or less	$ 5,000	38934
101 to 200	12,500	38935
201 to 500	30,000	38936
501 or more	60,000	38937

For the purpose of determining the applicable license fee	38938
under this division, the authorized maximum daily waste receipt	38939
shall be the maximum amount of scrap tires the facility is	38940
authorized to receive daily that is established in the permit for	38941
the facility, and any modification to that permit, issued under	38942
section 3734.77 of the Revised Code.	38943

(C)(1) Except as otherwise provided in division (C)(2) of	38944
this section, the annual fee for a scrap tire storage facility	38945
license shall equal one thousand dollars times the number of acres	38946
on which scrap tires are to be stored at the facility during the	38947
license year, as set forth on the application for the annual	38948
license, except that the total annual license fee for any such	38949
facility shall not exceed three thousand dollars.	38950

(2) The annual fee for a scrap tire storage facility license	38951
for a storage facility that is owned or operated by a motor	38952
vehicle salvage dealer licensed under Chapter 4738. of the Revised	38953
Code is one hundred dollars.	38954

(D)(1) Except as otherwise provided in division (D)(2) of	38955
this section, the annual fee for a scrap tire collection facility	38956
license is two hundred dollars.	38957

(2) The annual fee for a scrap tire collection facility	38958
license for a collection facility that is owned or operated by a	38959
motor vehicle salvage dealer licensed under Chapter 4738. of the	38960
Revised Code is fifty dollars.	38961

(E) Except as otherwise provided in divisions (C)(2) and	38962
(D)(2) of this section, the same fees apply to private operators	38963
and to the state and its political subdivisions and shall be paid	38964
within thirty days after the issuance of a license. The fees	38965
include the cost of licensing, all inspections, and other costs	38966
associated with the administration of the scrap tire provisions of	38967
this chapter and rules adopted under them. Each license shall	38968
specify that it is conditioned upon payment of the applicable fee	38969
to the board of health or the director of environmental	38970
protection, as appropriate, within thirty days after the issuance	38971
of the license.	38972

(F) The board of health shall retain fifteen thousand dollars	38973
of each license fee collected by the board under division (B) of	38974
this section, or the entire amount of any such fee that is less	38975
than fifteen thousand dollars, and the entire amount of each	38976
license fee collected by the board under divisions (A), (C), and	38977
(D) of this section. The moneys retained shall be paid into a	38978
special fund, which is hereby created in each health district, and	38979
used solely to administer and enforce the scrap tire provisions of	38980
this chapter and rules adopted under them. The remainder, if any,	38981
of each license fee collected by the board under division (B) of	38982
this section shall be transmitted to the director within	38983
forty-five days after receipt of the fee.	38984

(G) The director shall transmit the moneys received by the	38985
director from license fees collected under division (B) of this	38986
section to the treasurer of state to be credited to the scrap tire	38987
management fund, which is hereby created in the state treasury.	38988
The fund shall consist of all federal moneys received by the	38989
environmental protection agency for the scrap tire management	38990
program; all grants, gifts, and contributions made to the director	38991
for that program; and all other moneys that may be provided by law	38992
for that program. The director shall use moneys in the fund as	38993
follows:	38994

(1) Expend amounts determined necessary by the director to	38995
implement, administer, and enforce the scrap tire provisions of	38996
this chapter and rules adopted under them;	38997

(2) During each fiscal year, request the director of budget	38998
and management to, and the director of budget and management	38999
shall, transfer one million dollars to the scrap tire grant fund	39000
created in section ~~1502.12~~3734.822 of the Revised Code for	39001
supporting market development activities for scrap tires and	39002
synthetic rubber from tire manufacturing processes and tire	39003
recycling processes. In addition, during a fiscal year, the	39004
director of environmental protection may request the director of	39005
budget and management to, and the director of budget and	39006
management shall, transfer up to an additional five hundred	39007
thousand dollars to the scrap tire grant fund for scrap tire	39008
amnesty events and scrap tire cleanup events.	39009

(3) After the expenditures and transfers are made under	39010
divisions (G)(1) and (2) of this section, expend the balance of	39011
the money in the scrap tire management fund remaining in each	39012
fiscal year to conduct removal actions under section 3734.85 of	39013
the Revised Code and to provide grants to boards of health under	39014
section 3734.042 of the Revised Code.	39015

~~Sec. 1502.12.~~ Sec. 3734.822. (A) There is hereby created in the	39016
state treasury the scrap tire grant fund, consisting of moneys	39017
transferred to the fund under section 3734.82 of the Revised Code.	39018
The ~~chief of the division of recycling and litter prevention, with~~	39019
~~the approval of the~~ director of ~~natural resources,~~environmental	39020
protection may make grants from the fund for the following	39021
purposes:	39022

(1) Supporting market development activities for scrap tires	39023
and synthetic rubber from tire manufacturing processes and tire	39024
recycling processes;	39025

(2) Supporting scrap tire amnesty and cleanup events	39026
sponsored by solid waste management districts.	39027

Grants awarded under division (A)(1) of this section may be	39028
awarded to individuals, businesses, and entities certified under	39029
division (A) of section ~~1502.04~~3736.04 of the Revised Code.	39030

(B) Projects and activities that are eligible for grants	39031
under division (A)(1) of this section shall be evaluated for	39032
funding using, at a minimum, the following criteria:	39033

(1) The degree to which a proposed project contributes to the	39034
increased use of scrap tires generated in this state;	39035

(2) The degree of local financial support for a proposed	39036
project;	39037

(3) The technical merit and quality of a proposed project.

39038

Sec. 3735.37. A metropolitan housing authority shall keep an	39039
accurate account of all its activities and of all receipts and	39040
expenditures and make an annual report ~~thereof to the director of~~	39041
~~development~~of these publicly available. All moneys received in	39042
excess of operating expenditures shall be devoted to the payment	39043
of interest and sinking fund charges for the retirement of	39044
indebtedness, whether secured by mortgage or otherwise, and from	39045
the excess there shall be set aside such fund as the authority	39046
deems proper for the purpose of covering repairs, depreciation,	39047
and reserves. Whatever balance then remains shall be applied to	39048
the reduction of rentals thereafter falling due.	39049

~~Sec. 1502.01.~~ Sec. 3736.01. As used in this chapter:

39050

(A) "Litter" means garbage, trash, waste, rubbish, ashes,	39051
cans, bottles, wire, paper, cartons, boxes, automobile parts,	39052
furniture, glass, or anything else of an unsightly or unsanitary	39053
nature thrown, dropped, discarded, placed, or deposited by a	39054
person on public property, on private property not owned by the	39055
person, or in or on waters of the state unless one of the	39056
following applies:	39057

(1) The person has been directed to do so by a public	39058
official as part of a litter collection drive.	39059

(2) The person has thrown, dropped, discarded, placed, or	39060
deposited the material in a receptacle in a manner that prevented	39061
its being carried away by the elements.	39062

(3) The person has been issued a permit or license covering	39063
the material pursuant to Chapter 3734. or 6111. of the Revised	39064
Code.	39065

(B) "Recycling" means the process of collecting, sorting,	39066
cleansing, treating, and reconstituting waste or other discarded	39067
materials for the purpose of recovering and reusing the materials.	39068

(C) "Agency of the state" includes, but is not limited to, an	39069
"agency" subject to Chapter 119. of the Revised Code and a "state	39070
university or college" as defined in section 3345.12 of the	39071
Revised Code.	39072

(D) "Source reduction" means activities that decrease the	39073
initial production of waste materials at their point of origin.	39074

(E) "Enterprise" means a business with its principal place of	39075
business in this state and that proposes to engage in research and	39076
development or recycling in this state.	39077

(F) "Research and development" means inquiry,	39078
experimentation, or demonstration to advance basic scientific or	39079
technical knowledge or the application, adaptation, or use of	39080
existing or newly discovered scientific or technical knowledge	39081
regarding recycling, source reduction, or litter prevention.	39082

(G) "Recyclables" means waste materials that are collected,	39083
separated, or processed and used as raw materials or products.	39084

(H) "Recycling market development" means activities that	39085
stimulate the demand for recycled products, provide for a	39086
consistent supply of recyclables to meet the needs of recycling	39087
industries, or both.	39088

(I) "Solid waste management districts" means solid waste	39089
management districts established under Chapter 343. of the Revised	39090
Code.	39091

(J) "Synthetic rubber" means produced or extended rubber and	39092
products made from a synthetic rubber base material originating	39093
from petrochemical feedstocks, including scrap tires, tire molds,	39094
automobile engine belts, brake pads and hoses, weather stripping,	39095
fittings, electrical insulation, and other molded objects and	39096
parts.	39097

~~Sec. 1502.03.~~ Sec. 3736.02. (A) The ~~chief~~director of ~~the division~~	39098
~~of recycling and litter prevention~~environmental protection shall	39099
establish and implement statewide source reduction, recycling,	39100
recycling market development, and litter prevention programs that	39101
are consistent with the state solid waste management plan adopted	39102
under section 3734.50 of the Revised Code. The programs shall	39103
include all of the following:	39104

(1) The assessment of waste generation within the state and	39105
implementation of source reduction practices;	39106

(2) The implementation of recycling and recycling market	39107
development activities and projects, including all of the	39108
following:	39109

(a) Collection of recyclables;

39110

(b) Separation of recyclables;

39111

39112

(d) Facilitation and encouragement of the use of recyclables	39113
and products made with recyclables;	39114

(e) Education and training concerning recycling and products	39115
manufactured with recyclables;	39116

(f) Public awareness campaigns to promote recycling;

39117

(g) Other activities and projects that promote recycling and	39118
recycling market development.	39119

(3) Litter prevention assistance to enforce antilitter laws,	39120
educate the public, and stimulate collection and containment of	39121
litter;	39122

(4) Research and development regarding source reduction,	39123
recycling, and litter prevention, including, without limitation,	39124
research and development regarding materials or products	39125
manufactured with recyclables.	39126

(B) The ~~chief, with the approval of the~~ director ~~of natural~~	39127
~~resources,~~ may enter into contracts or other agreements and may	39128
execute any instruments necessary or incidental to the discharge	39129
of the ~~chief's~~director's responsibilities under this chapter.	39130

~~Sec. 1502.02.~~ Sec. 3736.03. (A) ~~There is hereby created in the~~	39131
~~department of natural resources the division of recycling and~~	39132
~~litter prevention to be headed by the chief of recycling and~~	39133
~~litter prevention.~~	39134

~~(B)~~ There is hereby created in the state treasury the	39135
recycling and litter prevention fund, consisting of moneys	39136
distributed to it from fees, including the fee levied under	39137
division (A)(2) of section 3714.073 of the Revised Code, gifts,	39138
donations, grants, reimbursements, and other sources, including	39139
investment earnings.	39140

~~(C)~~(B) The ~~chief~~director of ~~recycling and litter prevention~~	39141
environmental protection shall do all of the following:	39142

(1) Use moneys credited to the fund exclusively for the	39143
purposes set forth in sections ~~1502.03~~3736.02, ~~1502.04~~3736.04,	39144
3736.05, and ~~1502.05~~3745.014 of the Revised Code, with particular	39145
emphasis on programs relating to recycling;	39146

(2) ~~Expend for administration of the division not more than~~	39147
~~ten per cent of any fiscal year's appropriation to the division,~~	39148
~~excluding the amount assessed to the division for direct and~~	39149
~~indirect central support charges;~~	39150

~~(3)~~ Require recipients of grants under section ~~1502.05~~	39151
3736.05 of the Revised Code, as a condition of receiving and	39152
retaining them, to do all of the following:	39153

(a) Create a separate account for the grants and any cash	39154
donations received that qualify for the donor credit allowed by	39155
section 5733.064 of the Revised Code;	39156

(b) Make expenditures from the account exclusively for the	39157
purposes for which the grants were received;	39158

(c) Use any auditing and accounting practices the ~~chief~~	39159
director considers necessary regarding the account;	39160

(d) Report to the ~~chief~~director information regarding the	39161
amount and donor of cash donations received as described by	39162
section 5733.064 of the Revised Code;	39163

(e) Use grants received to supplement and not to replace any	39164
existing funding for such purposes.	39165

~~(4)~~(3) Report to the tax commissioner information the ~~chief~~	39166
director receives pursuant to division ~~(C)(3)~~(B)(2)(d) of this	39167
section.	39168

~~Sec. 1502.04.~~ Sec. 3736.04. There is hereby created within the	39169
~~division of recycling and litter prevention~~environmental	39170
protection agency the recycling and litter prevention advisory	39171
council consisting of thirteen members. The speaker of the house	39172
of representatives shall appoint one member of the house of	39173
representatives to the council, and the president of the senate	39174
shall appoint one member of the senate to the council. If the	39175
president of the senate belongs to the same political party as the	39176
speaker of the house of representatives, the president shall	39177
appoint a member of the senate who belongs to a different	39178
political party as recommended by the minority leader of the	39179
senate. ~~The speaker of the house of representatives and the~~	39180
~~president of the senate shall make their initial appointments to~~	39181
~~the council within sixty days after July 20, 1994.~~ Each member	39182
appointed by the speaker of the house of representatives or the	39183
president of the senate shall serve for a term of office of three	39184
years. The appropriate appointing authority may fill any vacancy	39185
occurring during the term of any member whom the appointing	39186
authority has appointed to the advisory council.	39187

The remaining eleven members shall be appointed by the	39188
governor with the advice and consent of the senate and shall be	39189
persons with knowledge of or experience in recycling or litter	39190
prevention programs. The council shall have broad-based	39191
representation of interests including agriculture, labor, the	39192
environment, manufacturing, wholesale and retail industry, and the	39193
public. One of the business members shall be from the commercial	39194
recycling industry, and another shall be from an industry required	39195
to pay taxes under section 5733.065 of the Revised Code. The	39196
director of ~~natural resources~~environmental protection shall not	39197
be a member of the council. ~~The governor shall make initial~~	39198
~~appointments to the council within thirty days after October 20,~~	39199
~~1987. Of the governor's initial appointments to the council, five~~	39200
~~shall be for a term of one year, and six shall be for a term of~~	39201
~~two years. Thereafter, terms~~Terms of office shall be for three	39202
years. Each member appointed by the governor shall hold office	39203
from the date of the member's appointment until the end of the	39204
term for which the member was appointed. In the event of death,	39205
removal, resignation, or incapacity of a member of the council	39206
appointed by the governor, the governor, with the advice and	39207
consent of the senate, shall appoint a successor who shall hold	39208
office for the remainder of the term for which the successor's	39209
predecessor was appointed. A member shall continue in office	39210
subsequent to the expiration date of the member's term until the	39211
member's successor takes office, or until a period of sixty days	39212
has elapsed, whichever occurs first. The governor at any time may	39213
remove any of the governor's appointees from the council for	39214
misfeasance, nonfeasance, or malfeasance in office.	39215

Members of the council may be reappointed.

39216

The council shall hold at least four regular quarterly	39217
meetings each year. Special meetings may be held at the behest of	39218
the chairperson or a majority of the members. The council annually	39219
shall select from among its members a chairperson, a	39220
vice-chairperson, and a secretary to keep a record of its	39221
proceedings.	39222

A majority vote of the members of the council is necessary to	39223
take action inon any matter.	39224

A member of the council shall serve without compensation for	39225
attending council meetings, but shall be reimbursed for all	39226
traveling, hotel, and other ordinary and necessary expenses	39227
incurred in the performance of the member's work as a member of	39228
the council.	39229

Membership on the council does not constitute holding a	39230
public office or position of employment under the laws of this	39231
state and does not constitute grounds for removal of public	39232
officers or employees from their offices or positions of	39233
employment.	39234

The council shall do all of the following:

39235

(A) ~~In conjunction with the chief of recycling and litter~~	39236
~~prevention and with~~With the approval of the director of ~~natural~~	39237
~~resources~~environmental protection, establish criteria by which to	39238
certify, and certify, agencies of the state, municipal	39239
corporations with a population of more than fifty thousand,	39240
counties, and solid waste management districts as eligible to	39241
receive grants under section ~~1502.05~~3736.05 of the Revised Code;	39242

(B) ~~In conjunction with the chief and with~~With the approval	39243
of the director, establish criteria by which to certify, and	39244
certify, political subdivisions for receipt of special grants for	39245
activities or projects that are intended to accomplish the	39246
purposes of any of the programs established under section ~~1502.03~~	39247
3736.02 of the Revised Code;	39248

(C) Advise the ~~chief~~director in carrying out the ~~chief's~~	39249
director's duties under this chapter.	39250

~~Sec. 1502.05.~~ Sec. 3736.05. (A) The ~~chief~~director of ~~recycling~~	39251
~~and litter prevention~~environmental protection, pursuant to	39252
division (A) of section ~~1502.04~~3736.04 of the Revised Code ~~and~~	39253
~~with the approval of the director of natural resources~~, may make	39254
grants from the recycling and litter prevention fund created in	39255
section ~~1502.02~~3736.03 of the Revised Code to accomplish the	39256
purposes of the programs established under section ~~1502.03~~3736.02	39257
of the Revised Code.	39258

(B) Except as provided in division (C) of this section, ~~the~~	39259
~~chief, with the approval of~~ the director, may require any eligible	39260
applicant certified by the recycling and litter prevention	39261
advisory council under division (A) of section ~~1502.04~~3736.04 of	39262
the Revised Code that applies for a grant for an activity or	39263
project that is intended to further the purposes of any program	39264
established under division (A)(1), (2), or (4) of section ~~1502.03~~	39265
3736.02 of the Revised Code to provide a matching contribution of	39266
not more than fifty per cent of the grant.	39267

(C) Notwithstanding division (B) of this section, any grant	39268
awarded under division (A) of this section to foster cooperative	39269
research and development regarding recycling or the cooperative	39270
establishment or expansion of private recycling facilities or	39271
programs shall be made in conjunction with a contribution to the	39272
project by a cooperating enterprise that maintains or proposes to	39273
maintain a relevant research and development or recycling facility	39274
or program in this state or by an agency of the state, provided	39275
that funding provided by a state agency shall not be provided from	39276
general revenue funds appropriated by the general assembly. No	39277
grant made under division (A) of this section for the purposes	39278
described in this division shall exceed the contribution made by	39279
the cooperating enterprise or state agency. The ~~chief~~director may	39280
consider cooperating contributions in the form of state of the art	39281
new equipment or in other forms if the ~~chief~~director determines	39282
that the contribution is essential to the successful	39283
implementation of the project.	39284

Grants made under division (A) of this section for the	39285
purposes described in this division shall be made in such form and	39286
conditioned on such terms as the ~~chief~~director considers to be	39287
appropriate.	39288

(D)(1) The ~~chief, with the approval of the~~ director, may	39289
require any eligible applicant certified by the recycling and	39290
litter prevention advisory council under division (A) of section	39291
~~1502.04~~3736.04 of the Revised Code that applies for a grant that	39292
is intended to further the purposes of the program established	39293
under division (A)(3) of section ~~1502.03~~3736.02 of the Revised	39294
Code, except any eligible applicant that is or is located in a	39295
county that has a per capita income equal to or below ninety per	39296
cent of the median county per capita income of the state as	39297
determined by the ~~chief~~director using the most recently available	39298
figures from the United States census bureau, to provide a	39299
matching contribution as follows:	39300

(a) Up to ten per cent of the grant from any eligible	39301
applicant that is or is located in a county that has a per capita	39302
income above ninety per cent of the median county per capita	39303
income of the state, but equal to or below one hundred per cent of	39304
the median county per capita income of the state;	39305

(b) Up to twenty per cent of the grant from any eligible	39306
applicant that is or is located in a county that has a per capita	39307
income above the median county per capita income of the state.	39308

(2) If the eligible applicant is a joint solid waste	39309
management district or is filing a joint application on behalf of	39310
two or more counties, the matching contribution required under	39311
division (D)(1) of this section shall be the average of the	39312
matching contributions of all of the counties covered by the	39313
application as determined in accordance with that division. The	39314
matching contribution of a county that has a per capita income	39315
equal to or below ninety per cent of the median county per capita	39316
income of the state shall be included as zero in calculating the	39317
average matching contribution.	39318

(E) ~~After receiving notice from the~~The director of	39319
~~environmental protection that each county within the state is~~	39320
~~subject to the solid waste management plan of a solid waste~~	39321
~~management district, the chief~~ shall ensure that not less than	39322
fifty per cent of the moneys distributed as grants under this	39323
section shall be expended for the purposes of recycling and	39324
recycling market development.	39325

(F) No information that is submitted to, acquired by, or	39326
exchanged with employees of the environmental protection agency	39327
who administer or provide services under this section and that is	39328
submitted, acquired, or exchanged in order to obtain a grant	39329
pursuant to division (A) of this section shall be used in any	39330
manner for the purpose of the enforcement of any requirement	39331
established in an environmental law or used as evidence in any	39332
judicial or administrative enforcement proceeding unless that	39333
information reveals a clear and immediate danger to the	39334
environment or to the health, safety, or welfare of the public.	39335

(G) Nothing in this section confers immunity on persons from	39336
enforcement that is based on information that is obtained by the	39337
director or the director's authorized representatives who are not	39338
employees of the agency who administer or provide services under	39339
this section.	39340

(H) As used in this section, "environmental law" means a law	39341
that is administered by the environmental protection agency.	39342

~~Sec. 1502.06.~~ Sec. 3736.06. (A) Agencies of the state certified	39343
pursuant to section ~~1502.04~~3736.04 of the Revised Code as	39344
eligible to receive a grant shall designate an employee as the	39345
liaison with the ~~chief~~director of ~~recycling and litter prevention~~	39346
environmental protection to cooperate with ~~him~~the director in	39347
carrying out ~~his~~the director's duties under this chapter.	39348

(B) The executive and legislative authorities of municipal	39349
corporations, counties, and townships and the boards of park	39350
commissioners of township park districts created under section	39351
511.18 of the Revised Code, boards of park commissioners of park	39352
districts created under section 1545.04 of the Revised Code, and	39353
boards of education of city, exempted village, local, and joint	39354
vocational school districts may participate in the programs	39355
established under section ~~1502.03~~3736.02 of the Revised Code.	39356

~~Sec. 1502.07.~~ Sec. 3736.07. No person, agency of the state,	39357
municipal corporation, county, or township shall sell or offer for	39358
sale any beer or mixed beverages as defined in section 4301.01 of	39359
the Revised Code, or any soft drink as defined in section 913.22	39360
of the Revised Code, in a metal container that is so designed that	39361
it may be opened by removing from the container a part of the	39362
container without using a separate opener. However, nothing in	39363
this section prohibits the sale or offering for sale of a	39364
container the only detachable part of which is a piece of tape or	39365
other similar adhesive material.	39366

~~Sec. 1502.99.~~ Sec. 3736.99. Whoever violates section ~~1502.07~~	39367
3736.07 of the Revised Code is guilty of a minor misdemeanor. Each	39368
day of violation constitutes a separate offense.	39369

Sec. 3737.83. The fire marshal shall, as part of the state	39370
fire code, adopt rules to:	39371

(A) Establish minimum standards of performance for fire	39372
protection equipment and fire fighting equipment;	39373

(B) Establish minimum standards of training, fix minimum	39374
qualifications, and require certificates for all persons who	39375
engage in the business for profit of installing, testing,	39376
repairing, or maintaining fire protection equipment;	39377

(C) Provide for the issuance of certificates required under	39378
division (B) of this section and establish the fees to be charged	39379
for such certificates. A certificate shall be granted, renewed, or	39380
revoked according to rules the fire marshal shall adopt.	39381

(D) Establish minimum standards of flammability for consumer	39382
goods in any case where the federal government or any department	39383
or agency thereof has established, or may from time to time	39384
establish standards of flammability for consumer goods. The	39385
standards established by the fire marshal shall be identical to	39386
the minimum federal standards.	39387

In any case where the federal government or any department or	39388
agency thereof, establishes standards of flammability for consumer	39389
goods subsequent to the adoption of a flammability standard by the	39390
fire marshal, standards previously adopted by the fire marshal	39391
shall not continue in effect to the extent such standards are not	39392
identical to the minimum federal standards.	39393

With respect to the adoption of minimum standards of	39394
flammability, this division shall supersede any authority granted	39395
a political subdivision by any other section of the Revised Code.	39396

(E) Establish minimum standards pursuant to section 5104.05	39397
of the Revised Code for fire prevention and fire safety in child	39398
day-care centers and in type A family day-care homes, as defined	39399
in section 5104.01 of the Revised Code.	39400

(F) Establish minimum standards for fire prevention and	39401
safety ~~an adult group home seeking licensure as an adult care~~in a	39402
residential facility ~~must meet~~licensed under section ~~5119.71~~	39403
5119.22 of the Revised Code that provides accommodations,	39404
supervision, and personal care services for three to sixteen	39405
unrelated adults. The fire marshal shall adopt the rules under	39406
this division in consultation with the ~~directors~~director of	39407
mental health ~~and aging~~ and interested parties designated by the	39408
~~directors~~director of mental health ~~and aging~~.	39409

Sec. 3737.841. As used in this section and section 3737.842	39410
of the Revised Code:	39411

(A) "Public occupancy" means all of the following:

39412

(1) Any state correctional institution as defined in section	39413
2967.01 of the Revised Code and any county, multicounty,	39414
municipal, or municipal-county jail or workhouse;	39415

(2) Any hospital as defined in section 3727.01 of the Revised	39416
Code, any hospital licensed by the department of mental health	39417
under section 5119.20 of the Revised Code, and any institution,	39418
hospital, or other place established, controlled, or supervised by	39419
the department of mental health under Chapter 5119. of the Revised	39420
Code;	39421

(3) Any nursing home, residential care facility, or home for	39422
the aging as defined in section 3721.01 of the Revised Code and	39423
any ~~adult care~~residential facility ~~as defined in~~licensed under	39424
section ~~5119.70~~5119.22 of the Revised Code that provides	39425
accommodations, supervision, and personal care services for three	39426
to sixteen unrelated adults;	39427

(4) Any child day-care center and any type A family day-care	39428
home as defined in section 5104.01 of the Revised Code;	39429

(5) Any public auditorium or stadium;

39430

(6) Public assembly areas of hotels and motels containing	39431
more than ten articles of seating furniture.	39432

(B) "Sell" includes sell, offer or expose for sale, barter,	39433
trade, deliver, give away, rent, consign, lease, possess for sale,	39434
or dispose of in any other commercial manner.	39435

(C) Except as provided in division (D) of this section,	39436
"seating furniture" means any article of furniture, including	39437
children's furniture, that can be used as a support for an	39438
individual, or an individual's limbs or feet, when sitting or	39439
resting in an upright or reclining position and that either:	39440

(1) Is made with loose or attached cushions or pillows;

39441

(2) Is stuffed or filled in whole or in part with any filling	39442
material;	39443

(3) Is or can be stuffed or filled in whole or in part with	39444
any substance or material, concealed by fabric or any other	39445
covering.	39446

"Seating furniture" includes the cushions or pillows	39447
belonging to or forming a part of the furniture, the structural	39448
unit, and the filling material and its container or covering.	39449

(D) "Seating furniture" does not include, except if intended	39450
for use by children or in facilities designed for the care or	39451
treatment of humans, any of the following:	39452

(1) Cushions or pads intended solely for outdoor use;

39453

(2) Any article with a smooth surface that contains no more	39454
than one-half inch of filling material, if that article does not	39455
have an upholstered horizontal surface meeting an upholstered	39456
vertical surface;	39457

(3) Any article manufactured solely for recreational use or	39458
physical fitness purposes, including weight-lifting benches,	39459
gymnasium mats or pads, and sidehorses.	39460

(E) "Filling material" means cotton, wool, kapok, feathers,	39461
down, hair, liquid, or any other natural or artificial material or	39462
substance that is used or can be used as stuffing in seating	39463
furniture.	39464

Sec. 3742.01. As used in this chapter:

39465

(A) "Board of health" means the board of health of a city or	39466
general health district or the authority having the duties of a	39467
board of health under section 3709.05 of the Revised Code.	39468

(B) "Child care facility" means each area of any of the	39469
following in which child care, as defined in section 5104.01 of	39470
the Revised Code, is provided to children under six years of age:	39471

(1) A child day-care center, type A family day-care home, or	39472
type B family day-care home as defined in section 5104.01 of the	39473
Revised Code;	39474

(2) A type C family day-care home authorized to provide child	39475
care by Sub. H.B. 62 of the 121st general assembly, as amended by	39476
Am. Sub. S.B. 160 of the 121st general assembly and Sub. H.B. 407	39477
of the 123rd general assembly;	39478

(3) A preschool program or school child program as defined in	39479
section 3301.52 of the Revised Code.	39480

(C) "Clearance examination" means an examination to determine	39481
whether the lead hazards in a residential unit, child care	39482
facility, or school have been sufficiently controlled. A clearance	39483
examination includes a visual assessment, collection, and analysis	39484
of environmental samples.	39485

(D) "Clearance technician" means a person, other than a	39486
licensed lead inspector or licensed lead risk assessor, who	39487
performs a clearance examination.	39488

(E) "Clinical laboratory" means a facility for the	39489
biological, microbiological, serological, chemical,	39490
immunohematological, hematological, biophysical, cytological,	39491
pathological, or other examination of substances derived from the	39492
human body for the purpose of providing information for the	39493
diagnosis, prevention, or treatment of any disease, or in the	39494
assessment or impairment of the health of human beings. "Clinical	39495
laboratory" does not include a facility that only collects or	39496
prepares specimens, or serves as a mailing service, and does not	39497
perform testing.	39498

(F) "Encapsulation" means the coating and sealing of surfaces	39499
with durable surface coating specifically formulated to be	39500
elastic, able to withstand sharp and blunt impacts, long-lasting,	39501
and resilient, while also resistant to cracking, peeling, algae,	39502
fungus, and ultraviolet light, so as to prevent any part of	39503
lead-containing paint from becoming part of house dust or	39504
otherwise accessible to children.	39505

(G) "Enclosure" means the resurfacing or covering of surfaces	39506
with durable materials such as wallboard or paneling, and the	39507
sealing or caulking of edges and joints, so as to prevent or	39508
control chalking, flaking, peeling, scaling, or loose	39509
lead-containing substances from becoming part of house dust or	39510
otherwise accessible to children.	39511

(H) "Environmental lead analytical laboratory" means a	39512
facility that analyzes air, dust, soil, water, paint, film, or	39513
other substances, other than substances derived from the human	39514
body, for the presence and concentration of lead.	39515

(I) "HEPA" means the designation given to a product, device,	39516
or system that has been equipped with a high-efficiency	39517
particulate air filter, which is a filter capable of removing	39518
particles of 0.3 microns or larger from air at 99.97 per cent or	39519
greater efficiency.	39520

(J) "Interim controls" means a set of measures designed to	39521
reduce temporarily human exposure or likely human exposure to lead	39522
hazards. Interim controls include specialized cleaning, repairs,	39523
painting, temporary containment, ongoing lead hazard maintenance	39524
activities, and the establishment and operation of management and	39525
resident education programs.	39526

(K)(1) "Lead abatement" means a measure or set of measures	39527
designed for the single purpose of permanently eliminating lead	39528
hazards. "Lead abatement" includes all of the following:	39529

(a) Removal of lead-based paint and lead-contaminated dust;

39530

(b) Permanent enclosure or encapsulation of lead-based paint;

39531

(c) Replacement of surfaces or fixtures painted with	39532
lead-based paint;	39533

(d) Removal or permanent covering of lead-contaminated soil;

39534

(e) Preparation, cleanup, and disposal activities associated	39535
with lead abatement.	39536

(2) "Lead abatement" does not include any of the following:

39537

(a) Preventive treatments performed pursuant to section	39538
3742.41 of the Revised Code;	39539

(b) Implementation of interim controls;

39540

(c) Activities performed by a property owner on a residential	39541
unit to which both of the following apply:	39542

(i) It is a freestanding single-family home used as the	39543
property owner's private residence.	39544

(ii) No child under six years of age who has lead poisoning	39545
resides in the unit.	39546

(L) "Lead abatement contractor" means any individual who	39547
engages in or intends to engage in lead abatement and employs or	39548
supervises one or more lead abatement workers, including on-site	39549
supervision of lead abatement projects, or prepares	39550
specifications, plans, or documents for a lead abatement project.	39551

(M) "Lead abatement project" means one or more lead abatement	39552
activities that are conducted by a lead abatement contractor and	39553
are reasonably related to each other.	39554

(N) "Lead abatement project designer" means a person who is	39555
responsible for designing lead abatement projects and preparing a	39556
pre-abatement plan for all designed projects.	39557

(O) "Lead abatement worker" means an individual who is	39558
responsible in a nonsupervisory capacity for the performance of	39559
lead abatement.	39560

(P) "Lead-based paint" means any paint or other similar	39561
surface-coating substance containing lead at or in excess of the	39562
level that is hazardous to human health, as that level is	39563
established ~~by rule of the public health council~~in rules adopted	39564
under section 3742.50 of the Revised Code.	39565

(Q) "Lead-contaminated dust" means dust that contains an area	39566
or mass concentration of lead at or in excess of the level that is	39567
hazardous to human health, as that level is established ~~by rule of~~	39568
~~the public health council~~in rules adopted under section 3742.50	39569
of the Revised Code.	39570

(R) "Lead-contaminated soil" means soil that contains lead at	39571
or in excess of the level that is hazardous to human health, as	39572
that level is established ~~by rule of the public health council~~in	39573
rules adopted under section 3742.50 of the Revised Code.	39574

(S) "Lead hazard" means material that is likely to cause lead	39575
exposure and endanger an individual's health as determined by the	39576
~~public~~director of health ~~council~~ in rules adopted under section	39577
3742.50 of the Revised Code. "Lead hazard" includes lead-based	39578
paint, lead-contaminated dust, lead-contaminated soil, and	39579
lead-contaminated water pipes.	39580

(T) "Lead inspection" means a surface-by-surface	39581
investigation to determine the presence of lead-based paint. The	39582
inspection shall use a sampling or testing technique approved by	39583
the ~~public health council~~director in rules adopted ~~by the council~~	39584
under section 3742.03 of the Revised Code. A licensed lead	39585
inspector or laboratory approved under section 3742.09 of the	39586
Revised Code shall certify in writing the precise results of the	39587
inspection.	39588

(U) "Lead inspector" means any individual who conducts a lead	39589
inspection, provides professional advice regarding a lead	39590
inspection, or prepares a report explaining the results of a lead	39591
inspection.	39592

(V) "Lead poisoning" means the level of lead in human blood	39593
that is hazardous to human health, as specified in rules adopted	39594
under section 3742.50 of the Revised Code.	39595

(W) "Lead risk assessment" means an on-site investigation to	39596
determine and report the existence, nature, severity, and location	39597
of lead hazards in a residential unit, child care facility, or	39598
school, including information gathering from the unit, facility,	39599
or school's current owner's knowledge regarding the age and	39600
painting history of the unit, facility, or school and occupancy by	39601
children under six years of age, visual inspection, limited wipe	39602
sampling or other environmental sampling techniques, and any other	39603
activity as may be appropriate.	39604

(X) "Lead risk assessor" means a person who is responsible	39605
for developing a written inspection, risk assessment, and analysis	39606
plan; conducting inspections for lead hazards in a residential	39607
unit, child care facility, or school; interpreting results of	39608
inspections and risk assessments; identifying hazard control	39609
strategies to reduce or eliminate lead exposures; and completing a	39610
risk assessment report.	39611

(Y) "Lead-safe renovation" means the supervision or	39612
performance of services for the general improvement of all or part	39613
of an existing structure, including a residential unit, child care	39614
facility, or school, when the services are supervised or performed	39615
by a lead-safe renovator.	39616

(Z) "Lead-safe renovator" means a person who has successfully	39617
completed a training program in lead-safe renovation approved	39618
under section 3742.47 of the Revised Code.	39619

(AA) "Manager" means a person, who may be the same person as	39620
the owner, responsible for the daily operation of a residential	39621
unit, child care facility, or school.	39622

(BB) "Permanent" means an expected design life of at least	39623
twenty years.	39624

(CC) "Replacement" means an activity that entails removing	39625
components such as windows, doors, and trim that have lead hazards	39626
on their surfaces and installing components free of lead hazards.	39627

(DD) "Residential unit" means a dwelling or any part of a	39628
building being used as an individual's private residence.	39629

(EE) "School" means a public or nonpublic school in which	39630
children under six years of age receive education.	39631

Sec. 3742.02. (A) No person shall do any of the following:

39632

(1) Violate any provision of this chapter or the rules	39633
adopted pursuant to it;	39634

(2) Apply or cause to be applied any lead-based paint on or	39635
inside a residential unit, child care facility, or school, unless	39636
the ~~public~~director of health ~~council~~ has determined by rule under	39637
section 3742.50 of the Revised Code that no suitable substitute	39638
exists;	39639

(3) Interfere with an investigation conducted by the director	39640
of health or a board of health in accordance with section 3742.35	39641
of the Revised Code.	39642

(B) No person shall knowingly authorize or employ an	39643
individual to perform lead abatement on a residential unit, child	39644
care facility, or school unless the individual who will perform	39645
the lead abatement holds a valid license issued under section	39646
3742.05 of the Revised Code.	39647

(C) No person shall do any of the following when a	39648
residential unit, child care facility, or school is involved:	39649

(1) Perform a lead inspection without a valid lead inspector	39650
license issued under section 3742.05 of the Revised Code;	39651

(2) Perform a lead risk assessment or provide professional	39652
advice regarding lead abatement without a valid lead risk assessor	39653
license issued under section 3742.05 of the Revised Code;	39654

(3) Act as a lead abatement contractor without a valid lead	39655
abatement contractor's license issued under section 3742.05 of the	39656
Revised Code;	39657

(4) Act as a lead abatement project designer without a valid	39658
lead abatement project designer license issued under section	39659
3742.05 of the Revised Code;	39660

(5) Perform lead abatement without a valid lead abatement	39661
worker license issued under section 3742.05 of the Revised Code;	39662

(6) Effective one year after April 7, 2003, perform a	39663
clearance examination without a valid clearance technician license	39664
issued under section 3742.05 of the Revised Code, unless the	39665
person holds a valid lead inspector license or valid lead risk	39666
assessor license issued under that section;	39667

(7) Perform lead training for the licensing purposes of this	39668
chapter without a valid approval from the director of health under	39669
section 3742.08 of the Revised Code;	39670

(8) Perform interim controls without complying with 24 C.F.R.	39671
Part 35.	39672

Sec. 3742.03. The ~~public~~director of health ~~council~~ shall	39673
adopt rules in accordance with Chapter 119. of the Revised Code	39674
for the administration and enforcement of sections 3742.01 to	39675
3742.19 and 3742.99 of the Revised Code. The rules shall specify	39676
all of the following:	39677

(A) Procedures to be followed by a lead abatement contractor,	39678
lead abatement project designer, lead abatement worker, lead	39679
inspector, or lead risk assessor licensed under section 3742.05 of	39680
the Revised Code for undertaking lead abatement activities and	39681
procedures to be followed by a clearance technician, lead	39682
inspector, or lead risk assessor in performing a clearance	39683
examination;	39684

(B)(1) Requirements for training and licensure, in addition	39685
to those established under section 3742.08 of the Revised Code, to	39686
include levels of training and periodic refresher training for	39687
each class of worker, and to be used for licensure under section	39688
3742.05 of the Revised Code. Except in the case of clearance	39689
technicians, these requirements shall include at least twenty-four	39690
classroom hours of training based on the Occupational Safety and	39691
Health Act training program for lead set forth in 29 C.F.R.	39692
1926.62. For clearance technicians, the training requirements to	39693
obtain an initial license shall not exceed six hours and the	39694
requirements for refresher training shall not exceed two hours	39695
every four years. In establishing the training and licensure	39696
requirements, the ~~public health council~~director shall consider	39697
the core of information that is needed by all licensed persons,	39698
and establish the training requirements so that persons who would	39699
seek licenses in more than one area would not have to take	39700
duplicative course work.	39701

(2) Persons certified by the American board of industrial	39702
hygiene as a certified industrial hygienist or as an industrial	39703
hygienist-in-training, and persons registered as a sanitarian or	39704
sanitarian-in-training under Chapter 4736. of the Revised Code,	39705
shall be exempt from any training requirements for initial	39706
licensure established under this chapter, but shall be required to	39707
take any examinations for licensure required under section 3742.05	39708
of the Revised Code.	39709

(C) Fees for licenses issued under section 3742.05 of the	39710
Revised Code and for their renewal;	39711

(D) Procedures to be followed by lead inspectors, lead	39712
abatement contractors, environmental lead analytical laboratories,	39713
lead risk assessors, lead abatement project designers, and lead	39714
abatement workers to prevent public exposure to lead hazards and	39715
ensure worker protection during lead abatement projects;	39716

(E)(1) Record-keeping and reporting requirements for clinical	39717
laboratories, environmental lead analytical laboratories, lead	39718
inspectors, lead abatement contractors, lead risk assessors, lead	39719
abatement project designers, and lead abatement workers for lead	39720
abatement projects and record-keeping and reporting requirements	39721
for clinical laboratories, environmental lead analytical	39722
laboratories, and clearance technicians for clearance	39723
examinations;	39724

(2) Record-keeping and reporting requirements regarding lead	39725
poisoning for physicians, in addition to the requirements of	39726
section 3701.25 of the Revised Code;	39727

(3) Information that is required to be reported under rules	39728
based on divisions (E)(1) and (2) of this section and that is a	39729
medical record is not a public record under section 149.43 of the	39730
Revised Code and shall not be released, except in aggregate	39731
statistical form.	39732

(F) Environmental sampling techniques for use in collecting	39733
samples of air, water, dust, paint, and other materials;	39734

(G) Requirements for a respiratory protection plan prepared	39735
in accordance with section 3742.07 of the Revised Code;	39736

(H) Requirements under which a manufacturer of encapsulants	39737
must demonstrate evidence of the safety and durability of its	39738
encapsulants by providing results of testing from an independent	39739
laboratory indicating that the encapsulants meet the standards	39740
developed by the "E06.23.30 task group on encapsulants," which is	39741
the task group of the lead hazards associated with buildings	39742
subcommittee of the performance of buildings committee of the	39743
American society for testing and materials.	39744

Sec. 3742.04. (A) The director of health shall do all of the	39745
following:	39746

(1) Administer and enforce the requirements of sections	39747
3742.01 to 3742.19 and 3742.99 of the Revised Code and the rules	39748
adopted pursuant to those sections;	39749

(2) Examine records and reports submitted by lead inspectors,	39750
lead abatement contractors, lead risk assessors, lead abatement	39751
project designers, lead abatement workers, and clearance	39752
technicians in accordance with section 3742.05 of the Revised Code	39753
to determine whether the requirements of this chapter are being	39754
met;	39755

(3) Examine records and reports submitted by physicians,	39756
clinical laboratories, and environmental lead analytical	39757
laboratories under section 3701.25 or 3742.09 of the Revised Code;	39758

(4) Issue approval to manufacturers of encapsulants that have	39759
done all of the following:	39760

(a) Submitted an application for approval to the director on	39761
a form prescribed by the director;	39762

(b) Paid the application fee established by the director;

39763

(c) Submitted results from an independent laboratory	39764
indicating that the manufacturer's encapsulants satisfy the	39765
requirements established in rules adopted under division (H) of	39766
section 3742.03 of the Revised Code;	39767

(d) Complied with rules adopted by the ~~public health council~~	39768
director regarding durability and safety to workers and residents.	39769

(5) Establish liaisons and cooperate with the directors or	39770
agencies in states having lead abatement, licensing,	39771
accreditation, certification, and approval programs to promote	39772
consistency between the requirements of this chapter and those of	39773
other states in order to facilitate reciprocity of the programs	39774
among states;	39775

(6) Establish a program to monitor and audit the quality of	39776
work of lead inspectors, lead risk assessors, lead abatement	39777
project designers, lead abatement contractors, lead abatement	39778
workers, and clearance technicians. The director may refer	39779
improper work discovered through the program to the attorney	39780
general for appropriate action.	39781

(B) In addition to any other authority granted by this	39782
chapter, the director of health may do any of the following:	39783

(1) Employ persons who have received training from a program	39784
the director has determined provides the necessary background. The	39785
appropriate training may be obtained in a state that has an	39786
ongoing lead abatement program under which it conducts educational	39787
programs.	39788

(2) Cooperate with the United States environmental protection	39789
agency in any joint oversight procedures the agency may propose	39790
for laboratories that offer lead analysis services and are	39791
accredited under the agency's laboratory accreditation program;	39792

(3) Advise, consult, cooperate with, or enter into contracts	39793
or cooperative agreements with any person, government entity,	39794
interstate agency, or the federal government as the director	39795
considers necessary to fulfill the requirements of this chapter	39796
and the rules adopted under it.	39797

Sec. 3742.05. (A)(1) The director of health shall issue lead	39798
inspector, lead abatement contractor, lead risk assessor, lead	39799
abatement project designer, lead abatement worker, and clearance	39800
technician licenses. The director shall issue a license to an	39801
applicant who meets all of the following requirements:	39802

(a) Submits an application to the director on a form	39803
prescribed by the director;	39804

(b) Meets the licensing and training requirements established	39805
~~by the public health council~~in rules adopted under section	39806
3742.03 of the Revised Code;	39807

(c) Successfully completes the licensing examination for the	39808
applicant's area of expertise administered under section 3742.08	39809
of the Revised Code and any training required by the director	39810
under that section;	39811

(d) Pays the license fee established ~~by the public health~~	39812
~~council~~in rules adopted under section 3742.03 of the Revised	39813
Code;	39814

(e) Provides the applicant's social security number and any	39815
information the director may require to demonstrate the	39816
applicant's compliance with this chapter and the rules adopted	39817
under it.	39818

(2) An individual may hold more than one license issued under	39819
this section, but a separate application is required for each	39820
license.	39821

(B) A license issued under this section expires two years	39822
after the date of issuance. The director shall renew a license in	39823
accordance with the standard renewal procedure set forth in	39824
Chapter 4745. of the Revised Code, if the licensee does all of the	39825
following:	39826

(1) Continues to meet the requirements of division (A) of	39827
this section;	39828

(2) Demonstrates compliance with procedures to prevent public	39829
exposure to lead hazards and for worker protection during lead	39830
abatement projects established ~~by rule~~in rules adopted ~~by the~~	39831
~~public health council~~ under section 3742.03 of the Revised Code;	39832

(3) Meets the record-keeping and reporting requirements for	39833
lead abatement projects or clearance examinations established by	39834
~~rule~~in rules adopted ~~by the public health council~~ under section	39835
3742.03 of the Revised Code;	39836

(4) Pays the license renewal fee established ~~by rule~~in rules	39837
adopted ~~by the public health council~~ under section 3742.03 of the	39838
Revised Code.	39839

(C) An individual licensed, certified, or otherwise approved	39840
under the law of another state to perform functions substantially	39841
similar to those of a lead inspector, lead abatement contractor,	39842
lead risk assessor, lead abatement project designer, lead	39843
abatement worker, or clearance technician may apply to the	39844
director of health for licensure in accordance with the procedures	39845
set forth in division (A) of this section. The director shall	39846
license an individual under this division on a determination that	39847
the standards for licensure, certification, or approval in that	39848
state are at least substantially equivalent to those established	39849
by this chapter and the rules adopted under it. The director may	39850
require an examination for licensure under this division.	39851

Sec. 3742.30. Each child at risk of lead poisoning shall	39852
undergo a blood lead screening test to determine whether the child	39853
has lead poisoning. The at-risk children shall undergo the test at	39854
times determined by rules the ~~public~~director of health ~~council~~	39855
shall adopt in accordance with Chapter 119. of the Revised Code	39856
that are consistent with the guidelines established by the centers	39857
for disease control and prevention in the public health service of	39858
the United States department of health and human services. The	39859
rules shall specify which children are at risk of lead poisoning.	39860

Neither this section nor the rules adopted under it affect	39861
the coverage of blood lead screening tests by any publicly funded	39862
health program, including the medicaid program established by	39863
Chapter 5111. of the Revised Code. Neither this section nor the	39864
rules adopted under it apply to a child if a parent of the child	39865
objects to the test on the grounds that the test conflicts with	39866
the parent's religious tenets and practices.	39867

Sec. 3742.31. (A) The director of health shall establish,	39868
promote, and maintain a child lead poisoning prevention program.	39869
The program shall provide statewide coordination of screening,	39870
diagnosis, and treatment services for children under age six,	39871
including both of the following:	39872

(1) Collecting the social security numbers of all children	39873
screened, diagnosed, or treated as part of the program's case	39874
management system;	39875

(2) Disclosing to the office of ~~Ohio health plans~~medical	39876
assistance in the department of job and family services on at	39877
least an annual basis the identity and lead screening test results	39878
of each child screened pursuant to section 3742.30 of the Revised	39879
Code. The director shall collect and disseminate information	39880
relating to child lead poisoning and controlling lead hazards.	39881

(B) The director of health shall operate the child lead	39882
poisoning prevention program in accordance with rules adopted	39883
under section 3742.50 of the Revised Code. The director may enter	39884
into an interagency agreement with one or more other state	39885
agencies to perform one or more of the program's duties. The	39886
director shall supervise and direct an agency's performance of	39887
such a duty.	39888

Sec. 3742.32. (A) The director of health shall appoint an	39889
advisory council to assist in the ongoing development and	39890
implementation of the child lead poisoning prevention program	39891
created under section 3742.31 of the Revised Code. The advisory	39892
council shall consist of the following members:	39893

(1) A representative of the office of ~~Ohio health plans~~	39894
medical assistance in the department of job and family services;	39895

(2) A representative of the bureau of child care in the	39896
department of job and family services;	39897

(3) A representative of the department of environmental	39898
protection;	39899

(4) A representative of the department of education;

39900

(5) A representative of the department of development;

39901

(6) A representative of the Ohio apartment owner's	39902
association;	39903

(7) A representative of the Ohio help end lead poisoning	39904
coalition;	39905

(8) A representative of the Ohio environmental health	39906
association;	39907

(9) An Ohio representative of the national paint and coatings	39908
association.	39909

(B) The advisory council shall do both of the following:

39910

(1) Provide the director with advice regarding the policies	39911
the child lead poisoning prevention program should emphasize,	39912
preferred methods of financing the program, and any other matter	39913
relevant to the program's operation;	39914

(2) Submit a report of the state's activities to the	39915
governor, president of the senate, and speaker of the house of	39916
representatives on or before the first day of March each year.	39917

(C) The advisory council is not subject to sections 101.82 to	39918
101.87 of the Revised Code.	39919

Sec. 3742.47. (A) A person seeking approval of a training	39920
program in either essential maintenance practices or lead-safe	39921
renovation shall apply for approval to the director of health. The	39922
application shall be made on a form prescribed by the director and	39923
shall include the fee established under division (B) of this	39924
section. The director shall issue approval to the applicant if the	39925
applicant demonstrates to the satisfaction of the director that	39926
the training program will meet the following requirements and any	39927
other training program requirements established by rules adopted	39928
under section 3742.50 of the Revised Code:	39929

(1) Conducts the training program in a period of time that	39930
does not exceed six hours;	39931

(2) Administers an examination established by rule of the	39932
~~public health council~~director at the end of the training program	39933
to each person who completes the training;	39934

(3) Grades each examination not later than one week after its	39935
completion and determines whether the person who took the	39936
examination received a passing score;	39937

(4) Not later than one week after the examination is	39938
completed provides written proof of training program completion to	39939
each person who completes the program and passes the examination.	39940

(B) The director of health shall establish an application fee	39941
for approving training programs under this section. The fee shall	39942
be reasonable and shall not exceed the expenses incurred in	39943
conducting the approval of training programs. An application fee	39944
submitted under division (A) of this section is nonrefundable.	39945

Sec. 3742.50. (A) The ~~public~~director of health ~~council~~	39946
shall adopt rules in accordance with Chapter 119. of the Revised	39947
Code establishing all of the following:	39948

(1) Procedures necessary for the development and operation of	39949
the child lead poisoning prevention program established under	39950
section 3742.31 of the Revised Code;	39951

(2) Standards and procedures for conducting investigations	39952
and risk assessments under sections 3742.35 and 3742.36 of the	39953
Revised Code;	39954

(3) Standards and procedures for issuing lead hazard control	39955
orders under section 3742.37 of the Revised Code, including	39956
standards and procedures for determining appropriate deadlines for	39957
complying with lead hazard control orders;	39958

(4) The level of lead in human blood that is hazardous to	39959
human health, consistent with the guidelines issued by the centers	39960
for disease control and prevention in the public health service of	39961
the United States department of health and human services;	39962

(5) The level of lead in paint, dust, and soil that is	39963
hazardous to human health;	39964

(6) Standards and procedures to be followed when implementing	39965
preventive treatments for the control of lead hazards pursuant to	39966
section 3742.41 of the Revised Code that are based on information	39967
from the United States environmental protection agency, department	39968
of housing and urban development, occupational safety and health	39969
administration, or other agencies with recommendations or	39970
guidelines regarding implementation of preventive treatments;	39971

(7) Standards that must be met to pass a clearance	39972
examination;	39973

(8) Procedures for approving under section 3742.47 of the	39974
Revised Code training programs in essential maintenance practices	39975
and lead-safe renovation and requirements, in addition to those	39976
specified in section 3742.47 of the Revised Code, that a program	39977
must meet to receive approval;	39978

(9) The examination to be administered by a training program	39979
approved under section 3742.47 of the Revised Code and the	39980
examination's passing score.	39981

(B) The ~~public health council~~director shall establish	39982
procedures for revising its rules to ensure that the child lead	39983
poisoning prevention activities conducted under this chapter	39984
continue to meet the requirements necessary to obtain any federal	39985
funding available for those activities, including requirements	39986
established by the United States environmental protection agency,	39987
United States department of housing and urban development, or any	39988
other federal agency with jurisdiction over activities pertaining	39989
to child lead poisoning prevention.	39990

Sec. 3743.04. (A) The license of a manufacturer of fireworks	39991
is effective for one year beginning on the first day of December.	39992
The state fire marshal shall issue or renew a license only on that	39993
date and at no other time. If a manufacturer of fireworks wishes	39994
to continue manufacturing fireworks at the designated fireworks	39995
plant after its then effective license expires, it shall apply no	39996
later than the first day of October for a new license pursuant to	39997
section 3743.02 of the Revised Code. The state fire marshal shall	39998
send a written notice of the expiration of its license to a	39999
licensed manufacturer at least three months before the expiration	40000
date.	40001

(B) If, during the effective period of its licensure, a	40002
licensed manufacturer of fireworks wishes to construct, locate, or	40003
relocate any buildings or other structures on the premises of its	40004
fireworks plant, to make any structural change or renovation in	40005
any building or other structure on the premises of its fireworks	40006
plant, or to change the nature of its manufacturing of fireworks	40007
so as to include the processing of fireworks, the manufacturer	40008
shall notify the state fire marshal in writing. The state fire	40009
marshal may require a licensed manufacturer also to submit	40010
documentation, including, but not limited to, plans covering the	40011
proposed construction, location, relocation, structural change or	40012
renovation, or change in manufacturing of fireworks, if the state	40013
fire marshal determines the documentation is necessary for	40014
evaluation purposes in light of the proposed construction,	40015
location, relocation, structural change or renovation, or change	40016
in manufacturing of fireworks.	40017

Upon receipt of the notification and additional documentation	40018
required by the state fire marshal, the state fire marshal shall	40019
inspect the premises of the fireworks plant to determine if the	40020
proposed construction, location, relocation, structural change or	40021
renovation, or change in manufacturing of fireworks conforms to	40022
sections 3743.02 to 3743.08 of the Revised Code and the rules	40023
adopted by the state fire marshal pursuant to section 3743.05 of	40024
the Revised Code. The state fire marshal shall issue a written	40025
authorization to the manufacturer for the construction, location,	40026
relocation, structural change or renovation, or change in	40027
manufacturing of fireworks if the state fire marshal determines,	40028
upon the inspection and a review of submitted documentation, that	40029
the construction, location, relocation, structural change or	40030
renovation, or change in manufacturing of fireworks conforms to	40031
those sections and rules. Upon authorizing a change in	40032
manufacturing of fireworks to include the processing of fireworks,	40033
the state fire marshal shall make notations on the manufacturer's	40034
license and in the list of licensed manufacturers in accordance	40035
with section 3743.03 of the Revised Code.	40036

On or before June 1, 1998, a licensed manufacturer shall	40037
install, in every licensed building in which fireworks are	40038
manufactured, stored, or displayed and to which the public has	40039
access, interlinked fire detection, smoke exhaust, and smoke	40040
evacuation systems that are approved by the superintendent of	40041
~~labor~~industrial compliance, and shall comply with floor plans	40042
showing occupancy load limits and internal circulation and egress	40043
patterns that are approved by the state fire marshal and	40044
superintendent, and that are submitted under seal as required by	40045
section 3791.04 of the Revised Code. Notwithstanding section	40046
3743.59 of the Revised Code, the construction and safety	40047
requirements established in this division are not subject to any	40048
variance, waiver, or exclusion.	40049

(C) The license of a manufacturer of fireworks authorizes the	40050
manufacturer to engage only in the following activities:	40051

(1) The manufacturing of fireworks on the premises of the	40052
fireworks plant as described in the application for licensure or	40053
in the notification submitted under division (B) of this section,	40054
except that a licensed manufacturer shall not engage in the	40055
processing of fireworks unless authorized to do so by its license.	40056

(2) To possess for sale at wholesale and sell at wholesale	40057
the fireworks manufactured by the manufacturer, to persons who are	40058
licensed wholesalers of fireworks, to out-of-state residents in	40059
accordance with section 3743.44 of the Revised Code, to residents	40060
of this state in accordance with section 3743.45 of the Revised	40061
Code, or to persons located in another state provided the	40062
fireworks are shipped directly out of this state to them by the	40063
manufacturer. A person who is licensed as a manufacturer of	40064
fireworks on June 14, 1988, also may possess for sale and sell	40065
pursuant to division (C)(2) of this section fireworks other than	40066
those the person manufactures. The possession for sale shall be on	40067
the premises of the fireworks plant described in the application	40068
for licensure or in the notification submitted under division (B)	40069
of this section, and the sale shall be from the inside of a	40070
licensed building and from no other structure or device outside a	40071
licensed building. At no time shall a licensed manufacturer sell	40072
any class of fireworks outside a licensed building.	40073

(3) Possess for sale at retail and sell at retail the	40074
fireworks manufactured by the manufacturer, other than 1.4G	40075
fireworks as designated by the state fire marshal in rules adopted	40076
pursuant to division (A) of section 3743.05 of the Revised Code,	40077
to licensed exhibitors in accordance with sections 3743.50 to	40078
3743.55 of the Revised Code, and possess for sale at retail and	40079
sell at retail the fireworks manufactured by the manufacturer,	40080
including 1.4G fireworks, to out-of-state residents in accordance	40081
with section 3743.44 of the Revised Code, to residents of this	40082
state in accordance with section 3743.45 of the Revised Code, or	40083
to persons located in another state provided the fireworks are	40084
shipped directly out of this state to them by the manufacturer. A	40085
person who is licensed as a manufacturer of fireworks on June 14,	40086
1988, may also possess for sale and sell pursuant to division	40087
(C)(3) of this section fireworks other than those the person	40088
manufactures. The possession for sale shall be on the premises of	40089
the fireworks plant described in the application for licensure or	40090
in the notification submitted under division (B) of this section,	40091
and the sale shall be from the inside of a licensed building and	40092
from no other structure or device outside a licensed building. At	40093
no time shall a licensed manufacturer sell any class of fireworks	40094
outside a licensed building.	40095

A licensed manufacturer of fireworks shall sell under	40096
division (C) of this section only fireworks that meet the	40097
standards set by the consumer product safety commission or by the	40098
American fireworks standard laboratories or that have received an	40099
EX number from the United States department of transportation.	40100

(D) The license of a manufacturer of fireworks shall be	40101
protected under glass and posted in a conspicuous place on the	40102
premises of the fireworks plant. Except as otherwise provided in	40103
this division, the license is not transferable or assignable. A	40104
license may be transferred to another person for the same	40105
fireworks plant for which the license was issued if the assets of	40106
the plant are transferred to that person by inheritance or by a	40107
sale approved by the state fire marshal. The license is subject to	40108
revocation in accordance with section 3743.08 of the Revised Code.	40109

(E) The state fire marshal shall not place the license of a	40110
manufacturer of fireworks in a temporarily inactive status while	40111
the holder of the license is attempting to qualify to retain the	40112
license.	40113

(F) Each licensed manufacturer of fireworks that possesses	40114
fireworks for sale and sells fireworks under division (C) of	40115
section 3743.04 of the Revised Code, or a designee of the	40116
manufacturer, whose identity is provided to the state fire marshal	40117
by the manufacturer, annually shall attend a continuing education	40118
program. The state fire marshal shall develop the program and the	40119
state fire marshal or a person or public agency approved by the	40120
state fire marshal shall conduct it. A licensed manufacturer or	40121
the manufacturer's designee who attends a program as required	40122
under this division, within one year after attending the program,	40123
shall conduct in-service training as approved by the state fire	40124
marshal for other employees of the licensed manufacturer regarding	40125
the information obtained in the program. A licensed manufacturer	40126
shall provide the state fire marshal with notice of the date,	40127
time, and place of all in-service training. For any program	40128
conducted under this division, the state fire marshal shall, in	40129
accordance with rules adopted by the state fire marshal under	40130
Chapter 119. of the Revised Code, establish the subjects to be	40131
taught, the length of classes, the standards for approval, and	40132
time periods for notification by the licensee to the state fire	40133
marshal of any in-service training.	40134

(G) A licensed manufacturer shall maintain comprehensive	40135
general liability insurance coverage in the amount and type	40136
specified under division (B)(2) of section 3743.02 of the Revised	40137
Code at all times. Each policy of insurance required under this	40138
division shall contain a provision requiring the insurer to give	40139
not less than fifteen days' prior written notice to the state fire	40140
marshal before termination, lapse, or cancellation of the policy,	40141
or any change in the policy that reduces the coverage below the	40142
minimum required under this division. Prior to canceling or	40143
reducing the amount of coverage of any comprehensive general	40144
liability insurance coverage required under this division, a	40145
licensed manufacturer shall secure supplemental insurance in an	40146
amount and type that satisfies the requirements of this division	40147
so that no lapse in coverage occurs at any time. A licensed	40148
manufacturer who secures supplemental insurance shall file	40149
evidence of the supplemental insurance with the state fire marshal	40150
prior to canceling or reducing the amount of coverage of any	40151
comprehensive general liability insurance coverage required under	40152
this division.	40153

(H) The state fire marshal shall adopt rules for the	40154
expansion or contraction of a licensed premises and for approval	40155
of such expansions or contractions. The boundaries of a licensed	40156
premises, including any geographic expansion or contraction of	40157
those boundaries, shall be approved by the state fire marshal in	40158
accordance with rules the state fire marshal adopts. If the	40159
licensed premises consists of more than one parcel of real estate,	40160
those parcels shall be contiguous unless an exception is allowed	40161
pursuant to division (I) of this section.	40162

(I)(1) A licensed manufacturer may expand its licensed	40163
premises within this state to include not more than two storage	40164
locations that are located upon one or more real estate parcels	40165
that are noncontiguous to the licensed premises as that licensed	40166
premises exists on the date a licensee submits an application as	40167
described below, if all of the following apply:	40168

(a) The licensee submits an application to the state fire	40169
marshal and an application fee of one hundred dollars per storage	40170
location for which the licensee is requesting approval.	40171

(b) The identity of the holder of the license remains the	40172
same at the storage location.	40173

(c) The storage location has received a valid certificate of	40174
zoning compliance as applicable and a valid certificate of	40175
occupancy for each building or structure at the storage location	40176
issued by the authority having jurisdiction to issue the	40177
certificate for the storage location, and those certificates	40178
permit the distribution and storage of fireworks regulated under	40179
this chapter at the storage location and in the buildings or	40180
structures. The storage location shall be in compliance with all	40181
other applicable federal, state, and local laws and regulations.	40182

(d) Every building or structure located upon the storage	40183
location is separated from occupied residential and nonresidential	40184
buildings or structures, railroads, highways, or any other	40185
buildings or structures on the licensed premises in accordance	40186
with the distances specified in the rules adopted by the state	40187
fire marshal pursuant to section 3743.05 of the Revised Code.	40188

(e) Neither the licensee nor any person holding, owning, or	40189
controlling a five per cent or greater beneficial or equity	40190
interest in the licensee has been convicted of or pleaded guilty	40191
to a felony under the laws of this state, any other state, or the	40192
United States, after September 29, 2005.	40193

(f) The state fire marshal approves the application for	40194
expansion.	40195

(2) The state fire marshal shall approve an application for	40196
expansion requested under division (I)(1) of this section if the	40197
state fire marshal receives the application fee and proof that the	40198
requirements of divisions (I)(1)(b) to (e) of this section are	40199
satisfied. The storage location shall be considered part of the	40200
original licensed premises and shall use the same distinct number	40201
assigned to the original licensed premises with any additional	40202
designations as the state fire marshal deems necessary in	40203
accordance with section 3743.03 of the Revised Code.	40204

(J)(1) A licensee who obtains approval for the use of a	40205
storage location in accordance with division (I) of this section	40206
shall use the storage location exclusively for the following	40207
activities, in accordance with division (C) of this section:	40208

(a) The packaging, assembling, or storing of fireworks, which	40209
shall only occur in buildings or structures approved for such	40210
hazardous uses by the building code official having jurisdiction	40211
for the storage location or, for 1.4G fireworks, in containers or	40212
trailers approved for such hazardous uses by the state fire	40213
marshal if such containers or trailers are not subject to	40214
regulation by the building code adopted in accordance with Chapter	40215
3781. of the Revised Code. All such storage shall be in accordance	40216
with the rules adopted by the state fire marshal under division	40217
(G) of section 3743.05 of the Revised Code for the packaging,	40218
assembling, and storage of fireworks.	40219

(b) Distributing fireworks to other parcels of real estate	40220
located on the manufacturer's licensed premises, to licensed	40221
wholesalers or other licensed manufacturers in this state or to	40222
similarly licensed persons located in another state or country;	40223

(c) Distributing fireworks to a licensed exhibitor of	40224
fireworks pursuant to a properly issued permit in accordance with	40225
section 3743.54 of the Revised Code.	40226

(2) A licensed manufacturer shall not engage in any sales	40227
activity, including the retail sale of fireworks otherwise	40228
permitted under division (C)(2) or (C)(3) of this section, or	40229
pursuant to section 3743.44 or 3743.45 of the Revised Code, at the	40230
storage location approved under this section.	40231

(3) A storage location may not be relocated for a minimum	40232
period of five years after the storage location is approved by the	40233
state fire marshal in accordance with division (I) of this	40234
section.	40235

(K) The licensee shall prohibit public access to the storage	40236
location. The state fire marshal shall adopt rules to describe the	40237
acceptable measures a manufacturer shall use to prohibit access to	40238
the storage site.	40239

Sec. 3743.06. In addition to conforming to the rules of the	40240
fire marshal adopted pursuant to section 3743.05 of the Revised	40241
Code, licensed manufacturers of fireworks shall operate their	40242
fireworks plants in accordance with the following:	40243

(A) Signs indicating that smoking is generally forbidden and	40244
trespassing is prohibited on the premises of a fireworks plant	40245
shall be posted on the premises in a manner determined by the fire	40246
marshal.	40247

(B) Reasonable precautions shall be taken to protect the	40248
premises of a fireworks plant from trespass, loss, theft, or	40249
destruction. Only persons employed by the manufacturer, authorized	40250
governmental personnel, and persons who have obtained permission	40251
from a member of the manufacturer's office to be on the premises,	40252
are to be allowed to enter and remain on the premises.	40253

(C) Smoking or the carrying of pipes, cigarettes, or cigars,	40254
matches, lighters, other flame-producing items, or open flame on,	40255
or the carrying of a concealed source of ignition into, the	40256
premises of a fireworks plant is prohibited, except that a	40257
manufacturer may permit smoking in specified lunchrooms or	40258
restrooms in buildings or other structures in which no	40259
manufacturing, handling, sales, or storage of fireworks takes	40260
place. "NO SMOKING" signs shall be posted on the premises as	40261
required by the fire marshal.	40262

(D) Fire and explosion prevention and other reasonable safety	40263
measures and precautions shall be implemented by a manufacturer.	40264

(E) Persons shall not be permitted to have in their	40265
possession or under their control, while they are on the premises	40266
of the fireworks plant, any intoxicating liquor, beer, or	40267
controlled substance, and they shall not be permitted to enter or	40268
remain on the premises if they are found to be under the influence	40269
of any intoxicating liquor, beer, or controlled substance.	40270

(F) A manufacturer shall conform to all building, safety, and	40271
zoning statutes, ordinances, rules, or other enactments that apply	40272
to the premises of its fireworks plant.	40273

(G) Each fireworks plant shall have at least one class 1	40274
magazine that is approved by the bureau of alcohol, tobacco, and	40275
firearms of the United States department of the treasury and that	40276
is otherwise in conformity with federal law. This division does	40277
not apply to fireworks plants existing on or before August 3,	40278
1931.	40279

(H) Awnings, tents, and canopies shall not be used as	40280
facilities for the sale or storage of fireworks. This division	40281
does not prohibit the use of an awning or canopy attached to a	40282
public access showroom for storing nonflammable shopping	40283
convenience items such as shopping carts or baskets or providing a	40284
shaded area for patrons waiting to enter the public sales area.	40285

(I) Fireworks may be stored in trailers if the trailers are	40286
properly enclosed, secured, and grounded and are separated from	40287
any structure to which the public is admitted by a distance that	40288
will, in the fire marshal's judgment, allow fire-fighting	40289
equipment to have full access to the structures on the licensed	40290
premises. Such trailers may be moved into closer proximity to any	40291
structure only to accept or discharge cargo for a period not to	40292
exceed forty-eight hours. Only two such trailers may be placed in	40293
such closer proximity at any one time. At no time may trailers be	40294
used for conducting sales of any class of fireworks, nor may	40295
members of the public have access to the trailers.	40296

Storage areas for fireworks that are in the same building	40297
where fireworks are displayed and sold to the public shall be	40298
separated from the areas to which the public has access by an	40299
appropriately rated fire wall.	40300

(J) A fire suppression system as defined in section 3781.108	40301
of the Revised Code may be turned off only for repair, drainage of	40302
the system to prevent damage by freezing during the period of	40303
time, approved by the fire marshal, that the facility is closed to	40304
all public access during winter months, or maintenance of the	40305
system. If any repair or maintenance is necessary during times	40306
when the facility is open for public access and business as	40307
approved by the fire marshal, the licensed manufacturer shall	40308
notify in advance the appropriate insurance company and fire chief	40309
or fire prevention officer regarding the nature of the maintenance	40310
or repair and the time when it will be performed.	40311

(K) If any fireworks item is removed from its original	40312
package or is manufactured with any fuse other than a safety fuse	40313
approved by the consumer product safety commission, then the item	40314
shall be covered completely by repackaging or bagging or it shall	40315
otherwise be covered so as to prevent ignition prior to sale.	40316

(L) A safety officer shall be present during regular business	40317
hours at a building open to the public during the period	40318
commencing fourteen days before, and ending two days after, each	40319
fourth day of July. The officer shall be highly visible, enforce	40320
this chapter and any applicable building codes to the extent the	40321
officer is authorized by law, and be one of the following:	40322

(1) A deputy sheriff;

40323

(2) A law enforcement officer of a municipal corporation,	40324
township, or township or joint police district;	40325

(3) A private uniformed security guard registered under	40326
section 4749.06 of the Revised Code.	40327

(M) All doors of all buildings on the licensed premises shall	40328
swing outward.	40329

(N) All wholesale and commercial sales of fireworks shall be	40330
packaged, shipped, placarded, and transported in accordance with	40331
United States department of transportation regulations applicable	40332
to the transportation, and the offering for transportation, of	40333
hazardous materials. For purposes of this division, "wholesale and	40334
commercial sales" includes all sales for resale and any nonretail	40335
sale made in furtherance of a commercial enterprise. For purposes	40336
of enforcement of these regulations under section ~~4905.83~~4923.99	40337
of the Revised Code, any sales transaction exceeding one thousand	40338
pounds shall be rebuttably presumed to be a wholesale or	40339
commercial sale.	40340

Sec. 3743.19. In addition to conforming to the rules of the	40341
fire marshal adopted pursuant to section 3743.18 of the Revised	40342
Code, licensed wholesalers of fireworks shall conduct their	40343
business operations in accordance with the following:	40344

(A) A wholesaler shall conduct its business operations from	40345
the location described in its application for licensure or in a	40346
notification submitted under division (B) of section 3743.17 of	40347
the Revised Code.	40348

(B) Signs indicating that smoking is generally forbidden and	40349
trespassing is prohibited on the premises of a wholesaler shall be	40350
posted on the premises as determined by the fire marshal.	40351

(C) Reasonable precautions shall be taken to protect the	40352
premises of a wholesaler from trespass, loss, theft, or	40353
destruction.	40354

(D) Smoking or the carrying of pipes, cigarettes, or cigars,	40355
matches, lighters, other flame-producing items, or open flame on,	40356
or the carrying of a concealed source of ignition into, the	40357
premises of a wholesaler is prohibited, except that a wholesaler	40358
may permit smoking in specified lunchrooms or restrooms in	40359
buildings or other structures in which no sales, handling, or	40360
storage of fireworks takes place. "NO SMOKING" signs shall be	40361
posted on the premises as required by the fire marshal.	40362

(E) Fire and explosion prevention and other reasonable safety	40363
measures and precautions shall be implemented by a wholesaler.	40364

(F) Persons shall not be permitted to have in their	40365
possession or under their control, while they are on the premises	40366
of a wholesaler, any intoxicating liquor, beer, or controlled	40367
substance, and they shall not be permitted to enter or remain on	40368
the premises if they are found to be under the influence of any	40369
intoxicating liquor, beer, or controlled substance.	40370

(G) A wholesaler shall conform to all building, safety, and	40371
zoning statutes, ordinances, rules, or other enactments that apply	40372
to its premises.	40373

(H) Each building used in the sale of fireworks shall be kept	40374
open to the public for at least four hours each day between the	40375
hours of eight a.m. and five p.m., five days of each week, every	40376
week of the year. Upon application from a licensed wholesaler, the	40377
fire marshal may waive any of the requirements of this division.	40378

(I) Awnings, tents, or canopies shall not be used as	40379
facilities for the storage or sale of fireworks. This division	40380
does not prohibit the use of an awning or canopy attached to a	40381
public access showroom for storing nonflammable shopping	40382
convenience items such as shopping carts or baskets or providing a	40383
shaded area for patrons waiting to enter the public sales area.	40384

(J) 1.4G fireworks may be stored in trailers if the trailers	40385
are properly enclosed, secured, and grounded and are separated	40386
from any structure to which the public is admitted by a distance	40387
that will, in the fire marshal's judgment, allow fire-fighting	40388
equipment to have full access to the structures on the licensed	40389
premises. Such trailers may be moved into closer proximity to any	40390
structure only to accept or discharge cargo for a period not to	40391
exceed forty-eight hours. Only two such trailers may be placed in	40392
such closer proximity at any one time. At no time may trailers be	40393
used for conducting sales of any class of fireworks nor may	40394
members of the public have access to the trailers.	40395

Storage areas for fireworks that are in the same building	40396
where fireworks are displayed and sold to the public shall be	40397
separated from the areas to which the public has access by an	40398
appropriately rated fire wall. If the licensee installs and	40399
properly maintains an early suppression fast response sprinkler	40400
system or equivalent fire suppression system as described in the	40401
fire code adopted by the fire marshal in accordance with section	40402
3737.82 of the Revised Code throughout the structure, a fire	40403
barrier wall may be substituted for a fire wall between the areas	40404
to which the public has access and the storage portions of the	40405
structure.	40406

(K) A fire suppression system as defined in section 3781.108	40407
of the Revised Code may be turned off only for repair, drainage of	40408
the system to prevent damage by freezing during the period of	40409
time, approved by the fire marshal under division (I) of this	40410
section, that the facility is closed to public access during	40411
winter months, or maintenance of the system. If any repair or	40412
maintenance is necessary during times when the facility is open	40413
for public access and business, the licensed wholesaler shall	40414
notify in advance the appropriate insurance company and fire chief	40415
or fire prevention officer regarding the nature of the maintenance	40416
or repair and the time when it will be performed.	40417

(L) If any fireworks item is removed from its original	40418
package or is manufactured with any fuse other than a fuse	40419
approved by the consumer product safety commission, then the item	40420
shall be covered completely by repackaging or bagging or it shall	40421
otherwise be covered so as to prevent ignition prior to sale.	40422

(M) A safety officer shall be present during regular business	40423
hours at a building open to the public during the period	40424
commencing fourteen days before, and ending two days after, each	40425
fourth day of July. The officer shall be highly visible, enforce	40426
this chapter and any applicable building codes to the extent the	40427
officer is authorized by law, and be one of the following:	40428

(1) A deputy sheriff;

40429

(2) A law enforcement officer of a municipal corporation,	40430
township, or township or joint police district;	40431

(3) A private uniformed security guard registered under	40432
section 4749.06 of the Revised Code.	40433

(N) All doors of all buildings on the licensed premises shall	40434
swing outward.	40435

(O) All wholesale and commercial sales of fireworks shall be	40436
packaged, shipped, placarded, and transported in accordance with	40437
United States department of transportation regulations applicable	40438
to the transportation, and the offering for transportation, of	40439
hazardous materials. For purposes of this division, "wholesale and	40440
commercial sales" includes all sales for resale and any nonretail	40441
sale made in furtherance of a commercial enterprise. For purposes	40442
of enforcement of these regulations under section ~~4905.83~~4923.99	40443
of the Revised Code, any sales transaction exceeding one thousand	40444
pounds shall be rebuttably presumed to be a wholesale or	40445
commercial sale.	40446

Sec. 3743.25. (A)(1) Except as described in division (A)(2)	40447
of this section, all retail sales of 1.4G fireworks by a licensed	40448
manufacturer or wholesaler shall only occur from an approved	40449
retail sales showroom on a licensed premises or from a	40450
representative sample showroom as described in this section on a	40451
licensed premises. For the purposes of this section, a retail sale	40452
includes the transfer of the possession of the 1.4G fireworks from	40453
the licensed manufacturer or wholesaler to the purchaser of the	40454
fireworks.	40455

(2) Sales of 1.4G fireworks to a licensed exhibitor for a	40456
properly permitted exhibition shall occur in accordance with the	40457
provisions of the Revised Code and rules adopted by the state fire	40458
marshal under Chapter 119. of the Revised Code. Such rules shall	40459
specify, at a minimum, that the licensed exhibitor holds a license	40460
under section 3743.51 of the Revised Code, that the exhibitor	40461
possesses a valid exhibition permit issued in accordance with	40462
section 3743.54 of the Revised Code, and that the fireworks	40463
shipped are to be used at the specifically permitted exhibition.	40464

(B) All wholesale sales of fireworks by a licensed	40465
manufacturer or wholesaler shall only occur from a licensed	40466
premises to persons who intend to resell the fireworks purchased	40467
at wholesale. A wholesale sale by a licensed manufacturer or	40468
wholesaler may occur as follows:	40469

(1) The direct sale and shipment of fireworks to a person	40470
outside of this state;	40471

(2) From an approved retail sales showroom as described in	40472
this section;	40473

(3) From a representative sample showroom as described in	40474
this section;	40475

(4) By delivery of wholesale fireworks to a purchaser at a	40476
licensed premises outside of a structure or building on that	40477
premises. All other portions of the wholesale sales transaction	40478
may occur at any location on a licensed premises.	40479

(5) Any other method as described in rules adopted by the	40480
state fire marshal under Chapter 119. of the Revised Code.	40481

(C) A licensed manufacturer or wholesaler shall only sell	40482
1.4G fireworks from a representative sample showroom or a retail	40483
sales showroom. Each licensed premises shall only contain one	40484
sales structure.	40485

A representative sample showroom shall consist of a structure	40486
constructed and maintained in accordance with the nonresidential	40487
building code adopted under Chapter 3781. of the Revised Code and	40488
the fire code adopted under section 3737.82 of the Revised Code	40489
for a use and occupancy group that permits mercantile sales. A	40490
representative sample showroom shall not contain any pyrotechnics,	40491
pyrotechnic materials, fireworks, explosives, explosive materials,	40492
or any similar hazardous materials or substances. A representative	40493
sample showroom shall be used only for the public viewing of	40494
fireworks product representations, including paper materials,	40495
packaging materials, catalogs, photographs, or other similar	40496
product depictions. The delivery of product to a purchaser of	40497
fireworks at a licensed premises that has a representative sample	40498
structure shall not occur inside any structure on a licensed	40499
premises. Such product delivery shall occur on the licensed	40500
premises in a manner prescribed by rules adopted by the state fire	40501
marshal pursuant to Chapter 119. of the Revised Code.	40502

If a manufacturer or wholesaler elects to conduct sales from	40503
a retail sales showroom, the showroom structures, to which the	40504
public may have any access and in which employees are required to	40505
work, on all licensed premises, shall comply with the following	40506
safety requirements:	40507

(1) A fireworks showroom that is constructed or upon which	40508
expansion is undertaken on and after June 30, 1997, shall be	40509
equipped with interlinked fire detection, fire suppression, smoke	40510
exhaust, and smoke evacuation systems that are approved by the	40511
superintendent of ~~labor~~industrial compliance in the department of	40512
commerce.	40513

(2) A fireworks showroom that first begins to operate on or	40514
after June 30, 1997, and to which the public has access for retail	40515
purposes shall not exceed five thousand square feet in floor area.	40516

(3) A newly constructed or an existing fireworks showroom	40517
structure that exists on September 23, 2008, but that, on or after	40518
September 23, 2008, is altered or added to in a manner requiring	40519
the submission of plans, drawings, specifications, or data	40520
pursuant to section 3791.04 of the Revised Code, shall comply with	40521
a graphic floor plan layout that is approved by the state fire	40522
marshal and superintendent showing width of aisles, parallel	40523
arrangement of aisles to exits, number of exits per wall, maximum	40524
occupancy load, evacuation plan for occupants, height of storage	40525
or display of merchandise, and other information as may be	40526
required by the state fire marshal and superintendent.	40527

(4) A fireworks showroom structure that exists on June 30,	40528
1997, shall be in compliance on or after June 30, 1997, with floor	40529
plans showing occupancy load limits and internal circulation and	40530
egress patterns that are approved by the state fire marshal and	40531
superintendent, and that are submitted under seal as required by	40532
section 3791.04 of the Revised Code.	40533

(D) The safety requirements established in division (C) of	40534
this section are not subject to any variance, waiver, or exclusion	40535
pursuant to this chapter or any applicable building code.	40536

Sec. 3745.01. There is hereby created the environmental	40537
protection agency, headed by the director of environmental	40538
protection. The agency, under the supervision of the director,	40539
shall administer the laws pertaining to chemical emergency	40540
planning, community right-to-know, and toxic chemical release	40541
reporting; the cessation of chemical handling operations; the	40542
prevention, control, and abatement of air and water pollution;	40543
public water supply; comprehensive water resource management	40544
planning; products that contain mercury as defined in section	40545
3734.61 of the Revised Code; and the disposal and treatment of	40546
solid wastes, infectious wastes, construction and demolition	40547
debris, hazardous waste, sewage, industrial waste, and other	40548
wastes. The director may do all of the following:	40549

(A) Provide such methods of administration, appoint such	40550
personnel, make such reports, and take such other action as may be	40551
necessary to comply with the requirements of the federal laws and	40552
regulations pertaining to chemical emergency planning, community	40553
right-to-know, and toxic chemical release reporting; air and water	40554
pollution control; public water supply; water resource planning;	40555
and waste disposal and treatment;	40556

(B) Procure by contract the temporary or intermittent	40557
services of experts or consultants, or organizations thereof, when	40558
those services are to be performed on a part-time or	40559
fee-for-service basis and do not involve the performance of	40560
administrative duties;	40561

(C) Advise, consult, cooperate, and enter into contracts or	40562
agreements, including consensual administrative order agreements,	40563
with any other agencies of the state, the federal government,	40564
other states, ~~and~~ interstate agencies, and persons and with	40565
affected groups, political subdivisions, and industries in	40566
furtherance of the purposes of this chapter and Chapters 3704.,	40567
3714., 3734., 3751., 3752., 6109., and 6111. of the Revised Code;	40568

(D) Establish advisory boards in accordance with section	40569
121.13 of the Revised Code;	40570

(E) Accept on behalf of the state any grant, gift, or	40571
contribution made for toxic chemical release reporting, air or	40572
water pollution control, public water supply, water resource	40573
planning, waste disposal or treatment, or related purposes, and	40574
expend it for those purposes;	40575

(F) Make an annual report to the governor and the general	40576
assembly on activities and expenditures as well as recommendations	40577
for such additional legislation as the director considers	40578
appropriate to carry out the director's duties or accomplish the	40579
purposes of this section;	40580

(G) Enter into environmental covenants in accordance with	40581
sections 5301.80 to 5301.92 of the Revised Code, and grant or	40582
accept easements or sell real property pursuant to section	40583
3734.22, 3734.24, 3734.25, or 3734.26 of the Revised Code, as	40584
applicable.	40585

The agency shall utilize the laboratory facilities of the	40586
department of health and other state institutions and agencies to	40587
the maximum extent that the utilization is practicable,	40588
economical, and technically satisfactory.	40589

The director shall maintain and keep available for public	40590
inspection, at the director's principal office, a current register	40591
of all applications filed for permits, leases, licenses,	40592
variances, certificates, and approval of plans and specifications	40593
and of publicly owned treatment works pretreatment programs under	40594
the director's jurisdiction, hearings pending, the director's	40595
final action thereon, and the dates on which the filings,	40596
hearings, and final actions occur. The director shall maintain and	40597
keep available for public inspection at the director's principal	40598
office all plans, reports, and other documents required to be	40599
filed with the emergency response commission under Chapter 3750.	40600
of the Revised Code and rules adopted under it, and all reports	40601
and other documents required to be filed with the director under	40602
Chapter 3751. of the Revised Code and rules adopted under it,	40603
subject to the requirements of those chapters and rules adopted	40604
under them for the protection of trade secrets and confidential	40605
business information from disclosure to persons not authorized	40606
under those laws to receive trade secret or confidential business	40607
information.	40608

Sec. 3745.11. (A) Applicants for and holders of permits,	40609
licenses, variances, plan approvals, and certifications issued by	40610
the director of environmental protection pursuant to Chapters	40611
3704., 3734., 6109., and 6111. of the Revised Code shall pay a fee	40612
to the environmental protection agency for each such issuance and	40613
each application for an issuance as provided by this section. No	40614
fee shall be charged for any issuance for which no application has	40615
been submitted to the director.	40616

(B) ~~Each person who is issued a permit to install prior to~~	40617
~~July 1, 2003, pursuant to rules adopted under division (F) of~~	40618
~~section 3704.03 of the Revised Code shall pay the fees specified~~	40619
~~in the following schedules:~~	40620

~~(1) Fuel-burning equipment (boilers)~~

40621

~~Input capacity (maximum)~~					40622
~~(million British thermal units per hour)~~		~~Permit to install~~			40623

~~Greater than 0, but less than 10~~	$ ~~200~~	40624
~~10 or more, but less than 100~~	~~400~~	40625
~~100 or more, but less than 300~~	~~800~~	40626
~~300 or more, but less than 500~~	~~1500~~	40627
~~500 or more, but less than 1000~~	~~2500~~	40628
~~1000 or more, but less than 5000~~	~~4000~~	40629
~~5000 or more~~	~~6000~~	40630

~~Units burning exclusively natural gas, number two fuel oil,~~	40631
~~or both shall be assessed a fee that is one-half of the applicable~~	40632
~~amount established in division (F)(1) of this section.~~	40633

~~(2) Incinerators~~

40634

~~Input capacity (pounds per hour)~~

~~Permit to install~~

40635

~~0 to 100~~	$ ~~100~~	40636
~~101 to 500~~	~~400~~	40637
~~501 to 2000~~	~~750~~	40638
~~2001 to 20,000~~	~~1000~~	40639
~~more than 20,000~~	~~2500~~	40640

~~(3)(a) Process~~

40641

~~Process weight rate (pounds per hour)~~

~~Permit to install~~

40642

~~0 to 1000~~	$ ~~200~~	40643
~~1001 to 5000~~	~~400~~	40644
~~5001 to 10,000~~	~~600~~	40645
~~10,001 to 50,000~~	~~800~~	40646
~~more than 50,000~~	~~1000~~	40647

~~In any process where process weight rate cannot be~~	40648
~~ascertained, the minimum fee shall be assessed.~~	40649

~~(b) Notwithstanding division (B)(3)(a) of this section, any~~	40650
~~person issued a permit to install pursuant to rules adopted under~~	40651
~~division (F) of section 3704.03 of the Revised Code shall pay the~~	40652
~~fees established in division (B)(3)(c) of this section for a~~	40653
~~process used in any of the following industries, as identified by~~	40654
~~the applicable four-digit standard industrial classification code~~	40655
~~according to the Standard Industrial Classification Manual~~	40656
~~published by the United States office of management and budget in~~	40657
~~the executive office of the president, 1972, as revised:~~	40658

~~1211 Bituminous coal and lignite mining;~~

40659

~~1213 Bituminous coal and lignite mining services;~~

40660

~~1411 Dimension stone;~~

40661

~~1422 Crushed and broken limestone;~~

40662

~~1427 Crushed and broken stone, not elsewhere classified;~~

40663

~~1442 Construction sand and gravel;~~

40664

~~1446 Industrial sand;~~

40665

~~3281 Cut stone and stone products;~~

40666

~~3295 Minerals and earth, ground or otherwise treated.~~

40667

~~(c) The fees established in the following schedule apply to~~	40668
~~the issuance of a permit to install pursuant to rules adopted~~	40669
~~under division (F) of section 3704.03 of the Revised Code for a~~	40670
~~process listed in division (B)(3)(b) of this section:~~	40671

~~Process weight rate (pounds per hour)~~

~~Permit to install~~

40672

~~0 to 1000~~	$ ~~200~~	40673
~~10,001 to 50,000~~	~~300~~	40674
~~50,001 to 100,000~~	~~400~~	40675
~~100,001 to 200,000~~	~~500~~	40676
~~200,001 to 400,000~~	~~600~~	40677
~~400,001 or more~~	~~700~~	40678

~~(4) Storage tanks~~

40679

~~Gallons (maximum useful capacity)~~

~~Permit to install~~

40680

~~0 to 20,000~~	$ ~~100~~	40681
~~20,001 to 40,000~~	~~150~~	40682
~~40,001 to 100,000~~	~~200~~	40683
~~100,001 to 250,000~~	~~250~~	40684
~~250,001 to 500,000~~	~~350~~	40685
~~500,001 to 1,000,000~~	~~500~~	40686
~~1,000,001 or greater~~	~~750~~	40687

~~(5) Gasoline/fuel dispensing facilities~~

40688

~~For each gasoline/fuel dispensing~~		~~Permit to install~~			40689
~~facility~~		$ ~~100~~			40690

~~(6) Dry cleaning facilities~~

40691

~~For each dry cleaning facility~~		~~Permit to install~~			40692
~~(includes all units at the facility)~~		$ ~~100~~			40693

~~(7) Registration status~~

40694

~~For each source covered~~		~~Permit to install~~			40695
~~by registration status~~		$ 75			40696

~~(C)(1)~~ Except as otherwise provided in division (C)(2) of	40697
this section, beginning July 1, 1994, each person who owns or	40698
operates an air contaminant source and who is required to apply	40699
for and obtain a Title V permit under section 3704.036 of the	40700
Revised Code shall pay the fees set forth in this division ~~(C)(1)~~	40701
~~of this section~~. For the purposes of ~~that~~this division, total	40702
emissions of air contaminants may be calculated using engineering	40703
calculations, emissions factors, material balance calculations, or	40704
performance testing procedures, as authorized by the director.	40705

The following fees shall be assessed on the total actual	40706
emissions from a source in tons per year of the regulated	40707
pollutants particulate matter, sulfur dioxide, nitrogen oxides,	40708
organic compounds, and lead:	40709

~~(a)~~(1) Fifteen dollars per ton on the total actual emissions	40710
of each such regulated pollutant during the period July through	40711
December 1993, to be collected no sooner than July 1, 1994;	40712

~~(b)~~(2) Twenty dollars per ton on the total actual emissions	40713
of each such regulated pollutant during calendar year 1994, to be	40714
collected no sooner than April 15, 1995;	40715

~~(c)~~(3) Twenty-five dollars per ton on the total actual	40716
emissions of each such regulated pollutant in calendar year 1995,	40717
and each subsequent calendar year, to be collected no sooner than	40718
the fifteenth day of April of the year next succeeding the	40719
calendar year in which the emissions occurred.	40720

The fees levied under this division ~~(C)(1) of this section~~ do	40721
not apply to that portion of the emissions of a regulated	40722
pollutant at a facility that exceed four thousand tons during a	40723
calendar year.	40724

~~(2)~~(C)(1) The fees assessed under division ~~(C)(1)~~(B) of this	40725
section are for the purpose of providing funding for the Title V	40726
permit program.	40727

~~(3)~~(2) The fees assessed under division ~~(C)(1)~~(B) of this	40728
section do not apply to emissions from any electric generating	40729
unit designated as a Phase I unit under Title IV of the federal	40730
Clean Air Act prior to calendar year 2000. Those fees shall be	40731
assessed on the emissions from such a generating unit commencing	40732
in calendar year 2001 based upon the total actual emissions from	40733
the generating unit during calendar year 2000 and shall continue	40734
to be assessed each subsequent calendar year based on the total	40735
actual emissions from the generating unit during the preceding	40736
calendar year.	40737

~~(4)~~(3) The director shall issue invoices to owners or	40738
operators of air contaminant sources who are required to pay a fee	40739
assessed under division ~~(C)~~(B) or (D) of this section. Any such	40740
invoice shall be issued no sooner than the applicable date when	40741
the fee first may be collected in a year under the applicable	40742
division, shall identify the nature and amount of the fee	40743
assessed, and shall indicate that the fee is required to be paid	40744
within thirty days after the issuance of the invoice.	40745

(D)(1) Except as provided in division (D)(3) of this section,	40746
from January 1, 1994, through December 31, 2003, each person who	40747
owns or operates an air contaminant source; who is required to	40748
apply for a permit to operate pursuant to rules adopted under	40749
division (G), or a variance pursuant to division (H), of section	40750
3704.03 of the Revised Code; and who is not required to apply for	40751
and obtain a Title V permit under section 3704.036 of the Revised	40752
Code shall pay a single fee based upon the sum of the actual	40753
annual emissions from the facility of the regulated pollutants	40754
particulate matter, sulfur dioxide, nitrogen oxides, organic	40755
compounds, and lead in accordance with the following schedule:	40756

Total tons per year		40757
of regulated pollutants	Annual fee	40758
emitted	per facility	40759
More than 0, but less than 50	$ 75	40760
50 or more, but less than 100	300	40761
100 or more	700	40762

(2) Except as provided in division (D)(3) of this section,	40763
beginning January 1, 2004, each person who owns or operates an air	40764
contaminant source; who is required to apply for a permit to	40765
operate pursuant to rules adopted under division (G), or a	40766
variance pursuant to division (H), of section 3704.03 of the	40767
Revised Code; and who is not required to apply for and obtain a	40768
Title V permit under section 3704.03 of the Revised Code shall pay	40769
a single fee based upon the sum of the actual annual emissions	40770
from the facility of the regulated pollutants particulate matter,	40771
sulfur dioxide, nitrogen oxides, organic compounds, and lead in	40772
accordance with the following schedule:	40773

Total tons per year		40774
of regulated pollutants	Annual fee	40775
emitted	per facility	40776
More than 0, but less than 10	$ 100	40777
10 or more, but less than 50	200	40778
50 or more, but less than 100	300	40779
100 or more	700	40780

(3)(a) As used in division (D) of this section, "synthetic	40781
minor facility" means a facility for which one or more permits to	40782
install or permits to operate have been issued for the air	40783
contaminant sources at the facility that include terms and	40784
conditions that lower the facility's potential to emit air	40785
contaminants below the major source thresholds established in	40786
rules adopted under section 3704.036 of the Revised Code.	40787

(b) Beginning January 1, 2000, through June 30, 2014, each	40788
person who owns or operates a synthetic minor facility shall pay	40789
an annual fee based on the sum of the actual annual emissions from	40790
the facility of particulate matter, sulfur dioxide, nitrogen	40791
dioxide, organic compounds, and lead in accordance with the	40792
following schedule:	40793

Combined total tons		40794
per year of all regulated	Annual fee	40795
pollutants emitted	per facility	40796

Less than 10	$ 170	40797
10 or more, but less than 20	340	40798
20 or more, but less than 30	670	40799
30 or more, but less than 40	1,010	40800
40 or more, but less than 50	1,340	40801
50 or more, but less than 60	1,680	40802
60 or more, but less than 70	2,010	40803
70 or more, but less than 80	2,350	40804
80 or more, but less than 90	2,680	40805
90 or more, but less than 100	3,020	40806
100 or more	3,350	40807

(4) The fees assessed under division (D)(1) of this section	40808
shall be collected annually no sooner than the fifteenth day of	40809
April, commencing in 1995. The fees assessed under division (D)(2)	40810
of this section shall be collected annually no sooner than the	40811
fifteenth day of April, commencing in 2005. The fees assessed	40812
under division (D)(3) of this section shall be collected no sooner	40813
than the fifteenth day of April, commencing in 2000. The fees	40814
assessed under division (D) of this section in a calendar year	40815
shall be based upon the sum of the actual emissions of those	40816
regulated pollutants during the preceding calendar year. For the	40817
purpose of division (D) of this section, emissions of air	40818
contaminants may be calculated using engineering calculations,	40819
emission factors, material balance calculations, or performance	40820
testing procedures, as authorized by the director. The director,	40821
by rule, may require persons who are required to pay the fees	40822
assessed under division (D) of this section to pay those fees	40823
biennially rather than annually.	40824

(E)(1) Consistent with the need to cover the reasonable costs	40825
of the Title V permit program, the director annually shall	40826
increase the fees prescribed in division ~~(C)(1)~~(B) of this section	40827
by the percentage, if any, by which the consumer price index for	40828
the most recent calendar year ending before the beginning of a	40829
year exceeds the consumer price index for calendar year 1989. Upon	40830
calculating an increase in fees authorized by division (E)(1) of	40831
this section, the director shall compile revised fee schedules for	40832
the purposes of division ~~(C)(1)~~(B) of this section and shall make	40833
the revised schedules available to persons required to pay the	40834
fees assessed under that division and to the public.	40835

(2) For the purposes of division (E)(1) of this section:

40836

(a) The consumer price index for any year is the average of	40837
the consumer price index for all urban consumers published by the	40838
United States department of labor as of the close of the	40839
twelve-month period ending on the thirty-first day of August of	40840
that year.	40841

(b) If the 1989 consumer price index is revised, the director	40842
shall use the revision of the consumer price index that is most	40843
consistent with that for calendar year 1989.	40844

(F) Each person who is issued a permit to install pursuant to	40845
rules adopted under division (F) of section 3704.03 of the Revised	40846
Code on or after July 1, 2003, shall pay the fees specified in the	40847
following schedules:	40848

(1) Fuel-burning equipment (boilers, furnaces, or process	40849
heaters used in the process of burning fuel for the primary	40850
purpose of producing heat or power by indirect heat transfer)	40851

Input capacity (maximum)		40852
(million British thermal units per hour)	Permit to install	40853
Greater than 0, but less than 10	$ 200	40854
10 or more, but less than 100	400	40855
100 or more, but less than 300	1000	40856
300 or more, but less than 500	2250	40857
500 or more, but less than 1000	3750	40858
1000 or more, but less than 5000	6000	40859
5000 or more	9000	40860

Units burning exclusively natural gas, number two fuel oil,	40861
or both shall be assessed a fee that is one-half the applicable	40862
amount shown in division (F)(1) of this section.	40863

(2) Combustion turbines and stationary internal combustion	40864
engines designed to generate electricity	40865

Generating capacity (mega watts)	Permit to install	40866
0 or more, but less than 10	$ 25	40867
10 or more, but less than 25	150	40868
25 or more, but less than 50	300	40869
50 or more, but less than 100	500	40870
100 or more, but less than 250	1000	40871
250 or more	2000	40872

(3) Incinerators

40873

Input capacity (pounds per hour)	Permit to install	40874
0 to 100	$ 100	40875
101 to 500	500	40876
501 to 2000	1000	40877
2001 to 20,000	1500	40878
more than 20,000	3750	40879

(4)(a) Process

40880

Process weight rate (pounds per hour)	Permit to install	40881
0 to 1000	$ 200	40882
1001 to 5000	500	40883
5001 to 10,000	750	40884
10,001 to 50,000	1000	40885
more than 50,000	1250	40886

In any process where process weight rate cannot be	40887
ascertained, the minimum fee shall be assessed. A boiler, furnace,	40888
combustion turbine, stationary internal combustion engine, or	40889
process heater designed to provide direct heat or power to a	40890
process not designed to generate electricity shall be assessed a	40891
fee established in division (F)(4)(a) of this section. A	40892
combustion turbine or stationary internal combustion engine	40893
designed to generate electricity shall be assessed a fee	40894
established in division (F)(2) of this section.	40895

(b) Notwithstanding division (F)(4)(a) of this section, any	40896
person issued a permit to install pursuant to rules adopted under	40897
division (F) of section 3704.03 of the Revised Code shall pay the	40898
fees set forth in division (F)(4)(c) of this section for a process	40899
used in any of the following industries, as identified by the	40900
applicable two-digit, three-digit, or four-digit standard	40901
industrial classification code according to the Standard	40902
Industrial Classification Manual published by the United States	40903
office of management and budget in the executive office of the	40904
president, 1987, as revised:	40905

Major group 10, metal mining;

40906

Major group 12, coal mining;

40907

Major group 14, mining and quarrying of nonmetallic minerals;

40908

Industry group 204, grain mill products;

40909

2873 Nitrogen fertilizers;

40910

2874 Phosphatic fertilizers;

40911

3281 Cut stone and stone products;

40912

3295 Minerals and earth, ground or otherwise treated;

40913

4221 Grain elevators (storage only);

40914

5159 Farm related raw materials;

40915

5261 Retail nurseries and lawn and garden supply stores.

40916

(c) The fees set forth in the following schedule apply to the	40917
issuance of a permit to install pursuant to rules adopted under	40918
division (F) of section 3704.03 of the Revised Code for a process	40919
identified in division (F)(4)(b) of this section:	40920

Process weight rate (pounds per hour)	Permit to install	40921
0 to 10,000	$ 200	40922
10,001 to 50,000	400	40923
50,001 to 100,000	500	40924
100,001 to 200,000	600	40925
200,001 to 400,000	750	40926
400,001 or more	900	40927

(5) Storage tanks

40928

Gallons (maximum useful capacity)	Permit to install	40929
0 to 20,000	$ 100	40930
20,001 to 40,000	150	40931
40,001 to 100,000	250	40932
100,001 to 500,000	400	40933
500,001 or greater	750	40934

(6) Gasoline/fuel dispensing facilities

40935

For each gasoline/fuel		40936
dispensing facility (includes all	Permit to install	40937
units at the facility)	$ 100	40938

(7) Dry cleaning facilities

40939

For each dry cleaning		40940
facility (includes all units	Permit to install	40941
at the facility)	$ 100	40942

(8) Registration status

40943

For each source covered			Permit to install			40944
by registration status			$ 75			40945

(G) An owner or operator who is responsible for an asbestos	40946
demolition or renovation project pursuant to rules adopted under	40947
section 3704.03 of the Revised Code shall pay the fees set forth	40948
in the following schedule:	40949

Action	Fee	40950
Each notification	$75	40951
Asbestos removal	$3/unit	40952
Asbestos cleanup	$4/cubic yard	40953

For purposes of this division, "unit" means any combination of	40954
linear feet or square feet equal to fifty.	40955

(H) A person who is issued an extension of time for a permit	40956
to install an air contaminant source pursuant to rules adopted	40957
under division (F) of section 3704.03 of the Revised Code shall	40958
pay a fee equal to one-half the fee originally assessed for the	40959
permit to install under this section, except that the fee for such	40960
an extension shall not exceed two hundred dollars.	40961

(I) A person who is issued a modification to a permit to	40962
install an air contaminant source pursuant to rules adopted under	40963
section 3704.03 of the Revised Code shall pay a fee equal to	40964
one-half of the fee that would be assessed under this section to	40965
obtain a permit to install the source. The fee assessed by this	40966
division only applies to modifications that are initiated by the	40967
owner or operator of the source and shall not exceed two thousand	40968
dollars.	40969

(J) Notwithstanding division ~~(B) or~~ (F) of this section, a	40970
person who applies for or obtains a permit to install pursuant to	40971
rules adopted under division (F) of section 3704.03 of the Revised	40972
Code after the date actual construction of the source began shall	40973
pay a fee for the permit to install that is equal to twice the fee	40974
that otherwise would be assessed under the applicable division	40975
unless the applicant received authorization to begin construction	40976
under division (W) of section 3704.03 of the Revised Code. This	40977
division only applies to sources for which actual construction of	40978
the source begins on or after July 1, 1993. The imposition or	40979
payment of the fee established in this division does not preclude	40980
the director from taking any administrative or judicial	40981
enforcement action under this chapter, Chapter 3704., 3714.,	40982
3734., or 6111. of the Revised Code, or a rule adopted under any	40983
of them, in connection with a violation of rules adopted under	40984
division (F) of section 3704.03 of the Revised Code.	40985

As used in this division, "actual construction of the source"	40986
means the initiation of physical on-site construction activities	40987
in connection with improvements to the source that are permanent	40988
in nature, including, without limitation, the installation of	40989
building supports and foundations and the laying of underground	40990
pipework.	40991

(K) ~~Fifty~~(1) Money received under division (B) of this	40992
section shall be deposited in the state treasury to the credit of	40993
the Title V clean air fund created in section 3704.035 of the	40994
Revised Code. Annually, fifty cents per ton of each fee assessed	40995
under division ~~(C)~~(B) of this section on actual emissions from a	40996
source and received by the environmental protection agency	40997
pursuant to that division shall be ~~deposited into~~transferred	40998
using an interstate transfer voucher to the state treasury to the	40999
credit of the small business assistance fund created in section	41000
3706.19 of the Revised Code. ~~The remainder of the moneys~~In	41001
addition, annually, the amount of money necessary for the	41002
operation of the office of ombudsperson as determined under	41003
division (B) of that section shall be transferred to the state	41004
treasury to the credit of the small business ombudsperson fund	41005
created by that section.	41006

(2) Money received by ~~the division pursuant to that division~~	41007
~~and moneys received by~~ the agency pursuant to divisions (D), (F),	41008
(G), (H), (I), and (J) of this section shall be deposited in the	41009
state treasury to the credit of the non-Title V clean air fund	41010
created in section 3704.035 of the Revised Code.	41011

(L)(1)(a) Except as otherwise provided in division (L)(1)(b)	41012
or (c) of this section, a person issued a water discharge permit	41013
or renewal of a water discharge permit pursuant to Chapter 6111.	41014
of the Revised Code shall pay a fee based on each point source to	41015
which the issuance is applicable in accordance with the following	41016
schedule:	41017

Design flow discharge (gallons per day)	Fee	41018
0 to 1000	$ 0	41019
1,001 to 5000	100	41020
5,001 to 50,000	200	41021
50,001 to 100,000	300	41022
100,001 to 300,000	525	41023
over 300,000	750	41024

(b) Notwithstanding the fee schedule specified in division	41025
(L)(1)(a) of this section, the fee for a water discharge permit	41026
that is applicable to coal mining operations regulated under	41027
Chapter 1513. of the Revised Code shall be two hundred fifty	41028
dollars per mine.	41029

(c) Notwithstanding the fee schedule specified in division	41030
(L)(1)(a) of this section, the fee for a water discharge permit	41031
for a public discharger identified by I in the third character of	41032
the permittee's NPDES permit number shall not exceed seven hundred	41033
fifty dollars.	41034

(2) A person applying for a plan approval for a wastewater	41035
treatment works pursuant to section 6111.44, 6111.45, or 6111.46	41036
of the Revised Code shall pay a fee of one hundred dollars plus	41037
sixty-five one-hundredths of one per cent of the estimated project	41038
cost through June 30, 2014, and one hundred dollars plus	41039
two-tenths of one per cent of the estimated project cost on and	41040
after July 1, 2014, except that the total fee shall not exceed	41041
fifteen thousand dollars through June 30, 2014, and five thousand	41042
dollars on and after July 1, 2014. The fee shall be paid at the	41043
time the application is submitted.	41044

(3) A person issued a modification of a water discharge	41045
permit shall pay a fee equal to one-half the fee that otherwise	41046
would be charged for a water discharge permit, except that the fee	41047
for the modification shall not exceed four hundred dollars.	41048

(4) A person who has entered into an agreement with the	41049
director under section 6111.14 of the Revised Code shall pay an	41050
administrative service fee for each plan submitted under that	41051
section for approval that shall not exceed the minimum amount	41052
necessary to pay administrative costs directly attributable to	41053
processing plan approvals. The director annually shall calculate	41054
the fee and shall notify all persons who have entered into	41055
agreements under that section, or who have applied for agreements,	41056
of the amount of the fee.	41057

(5)(a)(i) Not later than January 30, 2012, and January 30,	41058
2013, a person holding an NPDES discharge permit issued pursuant	41059
to Chapter 6111. of the Revised Code with an average daily	41060
discharge flow of five thousand gallons or more shall pay a	41061
nonrefundable annual discharge fee. Any person who fails to pay	41062
the fee at that time shall pay an additional amount that equals	41063
ten per cent of the required annual discharge fee.	41064

(ii) The billing year for the annual discharge fee	41065
established in division (L)(5)(a)(i) of this section shall consist	41066
of a twelve-month period beginning on the first day of January of	41067
the year preceding the date when the annual discharge fee is due.	41068
In the case of an existing source that permanently ceases to	41069
discharge during a billing year, the director shall reduce the	41070
annual discharge fee, including the surcharge applicable to	41071
certain industrial facilities pursuant to division (L)(5)(c) of	41072
this section, by one-twelfth for each full month during the	41073
billing year that the source was not discharging, but only if the	41074
person holding the NPDES discharge permit for the source notifies	41075
the director in writing, not later than the first day of October	41076
of the billing year, of the circumstances causing the cessation of	41077
discharge.	41078

(iii) The annual discharge fee established in division	41079
(L)(5)(a)(i) of this section, except for the surcharge applicable	41080
to certain industrial facilities pursuant to division (L)(5)(c) of	41081
this section, shall be based upon the average daily discharge flow	41082
in gallons per day calculated using first day of May through	41083
thirty-first day of October flow data for the period two years	41084
prior to the date on which the fee is due. In the case of NPDES	41085
discharge permits for new sources, the fee shall be calculated	41086
using the average daily design flow of the facility until actual	41087
average daily discharge flow values are available for the time	41088
period specified in division (L)(5)(a)(iii) of this section. The	41089
annual discharge fee may be prorated for a new source as described	41090
in division (L)(5)(a)(ii) of this section.	41091

(b) An NPDES permit holder that is a public discharger shall	41092
pay the fee specified in the following schedule:	41093

Average daily	Fee due by	41094
discharge flow	January 30,	41095
	2012, and	41096
	January 30, 2013	41097

5,000 to 49,999	$ 200	41098
50,000 to 100,000	500	41099
100,001 to 250,000	1,050	41100
250,001 to 1,000,000	2,600	41101
1,000,001 to 5,000,000	5,200	41102
5,000,001 to 10,000,000	10,350	41103
10,000,001 to 20,000,000	15,550	41104
20,000,001 to 50,000,000	25,900	41105
50,000,001 to 100,000,000	41,400	41106
100,000,001 or more	62,100	41107

Public dischargers owning or operating two or more publicly	41108
owned treatment works serving the same political subdivision, as	41109
"treatment works" is defined in section 6111.01 of the Revised	41110
Code, and that serve exclusively political subdivisions having a	41111
population of fewer than one hundred thousand shall pay an annual	41112
discharge fee under division (L)(5)(b) of this section that is	41113
based on the combined average daily discharge flow of the	41114
treatment works.	41115

(c) An NPDES permit holder that is an industrial discharger,	41116
other than a coal mining operator identified by P in the third	41117
character of the permittee's NPDES permit number, shall pay the	41118
fee specified in the following schedule:	41119

Average daily	Fee due by	41120
discharge flow	January 30,	41121
	2012, and	41122
	January 30, 2013	41123

5,000 to 49,999	$ 250	41124
50,000 to 250,000	1,200	41125
250,001 to 1,000,000	2,950	41126
1,000,001 to 5,000,000	5,850	41127
5,000,001 to 10,000,000	8,800	41128
10,000,001 to 20,000,000	11,700	41129
20,000,001 to 100,000,000	14,050	41130
100,000,001 to 250,000,000	16,400	41131
250,000,001 or more	18,700	41132

In addition to the fee specified in the above schedule, an	41133
NPDES permit holder that is an industrial discharger classified as	41134
a major discharger during all or part of the annual discharge fee	41135
billing year specified in division (L)(5)(a)(ii) of this section	41136
shall pay a nonrefundable annual surcharge of seven thousand five	41137
hundred dollars not later than January 30, 2012, and not later	41138
than January 30, 2013. Any person who fails to pay the surcharge	41139
at that time shall pay an additional amount that equals ten per	41140
cent of the amount of the surcharge.	41141

(d) Notwithstanding divisions (L)(5)(b) and (c) of this	41142
section, a public discharger identified by I in the third	41143
character of the permittee's NPDES permit number and an industrial	41144
discharger identified by I, J, L, V, W, X, Y, or Z in the third	41145
character of the permittee's NPDES permit number shall pay a	41146
nonrefundable annual discharge fee of one hundred eighty dollars	41147
not later than January 30, 2012, and not later than January 30,	41148
2013. Any person who fails to pay the fee at that time shall pay	41149
an additional amount that equals ten per cent of the required fee.	41150

(6) Each person obtaining a national pollutant discharge	41151
elimination system general or individual permit for municipal	41152
storm water discharge shall pay a nonrefundable storm water	41153
discharge fee of one hundred dollars per square mile of area	41154
permitted. The fee shall not exceed ten thousand dollars and shall	41155
be payable on or before January 30, 2004, and the thirtieth day of	41156
January of each year thereafter. Any person who fails to pay the	41157
fee on the date specified in division (L)(6) of this section shall	41158
pay an additional amount per year equal to ten per cent of the	41159
annual fee that is unpaid.	41160

(7) The director shall transmit all moneys collected under	41161
division (L) of this section to the treasurer of state for deposit	41162
into the state treasury to the credit of the surface water	41163
protection fund created in section 6111.038 of the Revised Code.	41164

(8) As used in division (L) of this section:

41165

(a) "NPDES" means the federally approved national pollutant	41166
discharge elimination system program for issuing, modifying,	41167
revoking, reissuing, terminating, monitoring, and enforcing	41168
permits and imposing and enforcing pretreatment requirements under	41169
Chapter 6111. of the Revised Code and rules adopted under it.	41170

(b) "Public discharger" means any holder of an NPDES permit	41171
identified by P in the second character of the NPDES permit number	41172
assigned by the director.	41173

(c) "Industrial discharger" means any holder of an NPDES	41174
permit identified by I in the second character of the NPDES permit	41175
number assigned by the director.	41176

(d) "Major discharger" means any holder of an NPDES permit	41177
classified as major by the regional administrator of the United	41178
States environmental protection agency in conjunction with the	41179
director.	41180

(M) Through June 30, 2014, a person applying for a license or	41181
license renewal to operate a public water system under section	41182
6109.21 of the Revised Code shall pay the appropriate fee	41183
established under this division at the time of application to the	41184
director. Any person who fails to pay the fee at that time shall	41185
pay an additional amount that equals ten per cent of the required	41186
fee. The director shall transmit all moneys collected under this	41187
division to the treasurer of state for deposit into the drinking	41188
water protection fund created in section 6109.30 of the Revised	41189
Code.	41190

Except as provided in division (M)(4) of this section, fees	41191
required under this division shall be calculated and paid in	41192
accordance with the following schedule:	41193

(1) For the initial license required under ~~division (A)(1) of~~	41194
section 6109.21 of the Revised Code for any public water system	41195
that is a community water system as defined in section 6109.01 of	41196
the Revised Code, and for each license renewal required for such a	41197
system prior to January 31, 2014, the fee is:	41198

Number of service connections		Fee amount	41199
	Not more than 49	$ 112	41200
	50 to 99	176	41201

Number of service connections		Average cost per connection	41202
	100 to 2,499	$ 1.92	41203
	2,500 to 4,999	1.48	41204
	5,000 to 7,499	1.42	41205
	7,500 to 9,999	1.34	41206
	10,000 to 14,999	1.16	41207
	15,000 to 24,999	1.10	41208
	25,000 to 49,999	1.04	41209
	50,000 to 99,999	.92	41210
	100,000 to 149,999	.86	41211
	150,000 to 199,999	.80	41212
	200,000 or more	.76	41213

A public water system may determine how it will pay the total	41214
amount of the fee calculated under division (M)(1) of this	41215
section, including the assessment of additional user fees that may	41216
be assessed on a volumetric basis.	41217

As used in division (M)(1) of this section, "service	41218
connection" means the number of active or inactive pipes,	41219
goosenecks, pigtails, and any other fittings connecting a water	41220
main to any building outlet.	41221

(2) For the initial license required under ~~division (A)(2) of~~	41222
section 6109.21 of the Revised Code for any public water system	41223
that is not a community water system and serves a nontransient	41224
population, and for each license renewal required for such a	41225
system prior to January 31, 2014, the fee is:	41226

Population served	Fee amount	41227
Fewer than 150	$ 112	41228
150 to 299	176	41229
300 to 749	384	41230
750 to 1,499	628	41231
1,500 to 2,999	1,268	41232
3,000 to 7,499	2,816	41233
7,500 to 14,999	5,510	41234
15,000 to 22,499	9,048	41235
22,500 to 29,999	12,430	41236
30,000 or more	16,820	41237

As used in division (M)(2) of this section, "population	41238
served" means the total number of individuals having access to the	41239
water supply during a twenty-four-hour period for at least sixty	41240
days during any calendar year. In the absence of a specific	41241
population count, that number shall be calculated at the rate of	41242
three individuals per service connection.	41243

(3) For the initial license required under ~~division (A)(3) of~~	41244
section 6109.21 of the Revised Code for any public water system	41245
that is not a community water system and serves a transient	41246
population, and for each license renewal required for such a	41247
system prior to January 31, 2014, the fee is:	41248

Number of wells or sources, other than surface water, supplying system		Fee amount	41249
	1	$112	41250
	2	112	41251
	3	176	41252
	4	278	41253
	5	568	41254
	System designated as using a		41255
	surface water source	792	41256

As used in division (M)(3) of this section, "number of wells	41257
or sources, other than surface water, supplying system" means	41258
those wells or sources that are physically connected to the	41259
plumbing system serving the public water system.	41260

(4) A public water system designated as using a surface water	41261
source shall pay a fee of seven hundred ninety-two dollars or the	41262
amount calculated under division (M)(1) or (2) of this section,	41263
whichever is greater.	41264

(N)(1) A person applying for a plan approval for a public	41265
water supply system under section 6109.07 of the Revised Code	41266
shall pay a fee of one hundred fifty dollars plus thirty-five	41267
hundredths of one per cent of the estimated project cost, except	41268
that the total fee shall not exceed twenty thousand dollars	41269
through June 30, 2014, and fifteen thousand dollars on and after	41270
July 1, 2014. The fee shall be paid at the time the application is	41271
submitted.	41272

(2) A person who has entered into an agreement with the	41273
director under division (A)(2) of section 6109.07 of the Revised	41274
Code shall pay an administrative service fee for each plan	41275
submitted under that section for approval that shall not exceed	41276
the minimum amount necessary to pay administrative costs directly	41277
attributable to processing plan approvals. The director annually	41278
shall calculate the fee and shall notify all persons that have	41279
entered into agreements under that division, or who have applied	41280
for agreements, of the amount of the fee.	41281

(3) Through June 30, 2014, the following fee, on a per survey	41282
basis, shall be charged any person for services rendered by the	41283
state in the evaluation of laboratories and laboratory personnel	41284
for compliance with accepted analytical techniques and procedures	41285
established pursuant to Chapter 6109. of the Revised Code for	41286
determining the qualitative characteristics of water:	41287

microbiological			41288
	MMO-MUG	$2,000	41289
	MF	2,100	41290
	MMO-MUG and MF	2,550	41291
organic chemical		5,400	41292
trace metals		5,400	41293
standard chemistry		2,800	41294
limited chemistry		1,550	41295

On and after July 1, 2014, the following fee, on a per survey	41296
basis, shall be charged any such person:	41297

microbiological	$ 1,650	41298
organic chemicals	3,500	41299
trace metals	3,500	41300
standard chemistry	1,800	41301
limited chemistry	1,000	41302

The fee for those services shall be paid at the time the request	41303
for the survey is made. Through June 30, 2014, an individual	41304
laboratory shall not be assessed a fee under this division more	41305
than once in any three-year period unless the person requests the	41306
addition of analytical methods or analysts, in which case the	41307
person shall pay eighteen hundred dollars for each additional	41308
survey requested.	41309

As used in division (N)(3) of this section:

41310

(a) "MF" means microfiltration.

41311

(b) "MMO" means minimal medium ONPG.

41312

41313

(d) "ONPG" means o-nitrophenyl-beta-D-galactopyranoside.

41314

The director shall transmit all moneys collected under this	41315
division to the treasurer of state for deposit into the drinking	41316
water protection fund created in section 6109.30 of the Revised	41317
Code.	41318

(O) Any person applying to the director ~~for~~to take an	41319
examination for certification as an operator of a water supply	41320
system or wastewater system under Chapter 6109. or 6111. of the	41321
Revised Code that is administered by the director, at the time the	41322
application is submitted, shall pay ~~an application fee of~~	41323
~~forty-five dollars through November 30, 2014, and twenty-five~~	41324
~~dollars on and after December 1, 2014. Upon approval from the~~	41325
~~director that the applicant is eligible to take the examination~~	41326
~~therefor, the applicant shall pay~~ a fee in accordance with the	41327
following schedule through November 30, 2014:	41328

Class A operator	$35 80	41329
Class I operator	60 105	41330
Class II operator	75 120	41331
Class III operator	85 130	41332
Class IV operator	~~100~~ 145	41333

On and after December 1, 2014, the applicant shall pay a fee	41334
in accordance with the following schedule:	41335

Class A operator	$25 50	41336
Class I operator	~~$45~~ 70	41337
Class II operator	55 80	41338
Class III operator	65 90	41339
Class IV operator	75 100	41340

Any person applying to the director for certification as an	41341
operator of a water supply system or wastewater system who has	41342
passed an examination administered by an examination provider	41343
approved by the director shall pay a certification fee of	41344
forty-five dollars.	41345

A person shall pay a biennial certification renewal fee for	41346
each applicable class of certification in accordance with the	41347
following schedule:	41348

Class A operator	$25	41349
Class I operator	35	41350
Class II operator	45	41351
Class III operator	55	41352
Class IV operator	65	41353

If a certification renewal fee is received by the director	41354
more than thirty days, but not more than one year after the	41355
expiration date of the certification, the person shall pay a	41356
certification renewal fee in accordance with the following	41357
schedule:	41358

Class A operator	$45	41359
Class I operator	55	41360
Class II operator	65	41361
Class III operator	75	41362
Class IV operator	85	41363

A person who requests a replacement certificate shall pay a	41364
fee of twenty-five dollars at the time the request is made.	41365

Any person applying to be a water supply system or wastewater	41366
treatment system examination provider shall pay an application fee	41367
of five hundred dollars. Any person approved by the director as a	41368
water supply system or wastewater treatment system examination	41369
provider shall pay an annual fee that is equal to ten per cent of	41370
the fees that the provider assesses and collects for administering	41371
water supply system or wastewater treatment system certification	41372
examinations in this state for the calendar year. The fee shall be	41373
paid not later than forty-five days after the end of a calendar	41374
year.	41375

The director shall transmit all moneys collected under this	41376
division to the treasurer of state for deposit into the drinking	41377
water protection fund created in section 6109.30 of the Revised	41378
Code.	41379

(P) Any person submitting an application for an industrial	41380
water pollution control certificate under section 6111.31 of the	41381
Revised Code, as that section existed before its repeal by H.B. 95	41382
of the 125th general assembly, shall pay a nonrefundable fee of	41383
five hundred dollars at the time the application is submitted. The	41384
director shall transmit all moneys collected under this division	41385
to the treasurer of state for deposit into the surface water	41386
protection fund created in section 6111.038 of the Revised Code. A	41387
person paying a certificate fee under this division shall not pay	41388
an application fee under division (S)(1) of this section. On and	41389
after June 26, 2003, persons shall file such applications and pay	41390
the fee as required under sections 5709.20 to 5709.27 of the	41391
Revised Code, and proceeds from the fee shall be credited as	41392
provided in section 5709.212 of the Revised Code.	41393

(Q) Except as otherwise provided in division (R) of this	41394
section, a person issued a permit by the director for a new solid	41395
waste disposal facility other than an incineration or composting	41396
facility, a new infectious waste treatment facility other than an	41397
incineration facility, or a modification of such an existing	41398
facility that includes an increase in the total disposal or	41399
treatment capacity of the facility pursuant to Chapter 3734. of	41400
the Revised Code shall pay a fee of ten dollars per thousand cubic	41401
yards of disposal or treatment capacity, or one thousand dollars,	41402
whichever is greater, except that the total fee for any such	41403
permit shall not exceed eighty thousand dollars. A person issued a	41404
modification of a permit for a solid waste disposal facility or an	41405
infectious waste treatment facility that does not involve an	41406
increase in the total disposal or treatment capacity of the	41407
facility shall pay a fee of one thousand dollars. A person issued	41408
a permit to install a new, or modify an existing, solid waste	41409
transfer facility under that chapter shall pay a fee of two	41410
thousand five hundred dollars. A person issued a permit to install	41411
a new or to modify an existing solid waste incineration or	41412
composting facility, or an existing infectious waste treatment	41413
facility using incineration as its principal method of treatment,	41414
under that chapter shall pay a fee of one thousand dollars. The	41415
increases in the permit fees under this division resulting from	41416
the amendments made by Amended Substitute House Bill 592 of the	41417
117th general assembly do not apply to any person who submitted an	41418
application for a permit to install a new, or modify an existing,	41419
solid waste disposal facility under that chapter prior to	41420
September 1, 1987; any such person shall pay the permit fee	41421
established in this division as it existed prior to June 24, 1988.	41422
In addition to the applicable permit fee under this division, a	41423
person issued a permit to install or modify a solid waste facility	41424
or an infectious waste treatment facility under that chapter who	41425
fails to pay the permit fee to the director in compliance with	41426
division (V) of this section shall pay an additional ten per cent	41427
of the amount of the fee for each week that the permit fee is	41428
late.	41429

Permit and late payment fees paid to the director under this	41430
division shall be credited to the general revenue fund.	41431

(R)(1) A person issued a registration certificate for a scrap	41432
tire collection facility under section 3734.75 of the Revised Code	41433
shall pay a fee of two hundred dollars, except that if the	41434
facility is owned or operated by a motor vehicle salvage dealer	41435
licensed under Chapter 4738. of the Revised Code, the person shall	41436
pay a fee of twenty-five dollars.	41437

(2) A person issued a registration certificate for a new	41438
scrap tire storage facility under section 3734.76 of the Revised	41439
Code shall pay a fee of three hundred dollars, except that if the	41440
facility is owned or operated by a motor vehicle salvage dealer	41441
licensed under Chapter 4738. of the Revised Code, the person shall	41442
pay a fee of twenty-five dollars.	41443

(3) A person issued a permit for a scrap tire storage	41444
facility under section 3734.76 of the Revised Code shall pay a fee	41445
of one thousand dollars, except that if the facility is owned or	41446
operated by a motor vehicle salvage dealer licensed under Chapter	41447
4738. of the Revised Code, the person shall pay a fee of fifty	41448
dollars.	41449

(4) A person issued a permit for a scrap tire monocell or	41450
monofill facility under section 3734.77 of the Revised Code shall	41451
pay a fee of ten dollars per thousand cubic yards of disposal	41452
capacity or one thousand dollars, whichever is greater, except	41453
that the total fee for any such permit shall not exceed eighty	41454
thousand dollars.	41455

(5) A person issued a registration certificate for a scrap	41456
tire recovery facility under section 3734.78 of the Revised Code	41457
shall pay a fee of one hundred dollars.	41458

(6) A person issued a permit for a scrap tire recovery	41459
facility under section 3734.78 of the Revised Code shall pay a fee	41460
of one thousand dollars.	41461

(7) In addition to the applicable registration certificate or	41462
permit fee under divisions (R)(1) to (6) of this section, a person	41463
issued a registration certificate or permit for any such scrap	41464
tire facility who fails to pay the registration certificate or	41465
permit fee to the director in compliance with division (V) of this	41466
section shall pay an additional ten per cent of the amount of the	41467
fee for each week that the fee is late.	41468

(8) The registration certificate, permit, and late payment	41469
fees paid to the director under divisions (R)(1) to (7) of this	41470
section shall be credited to the scrap tire management fund	41471
created in section 3734.82 of the Revised Code.	41472

(S)(1) Except as provided by divisions (L), (M), (N), (O),	41473
(P), and (S)(2) of this section, division (A)(2) of section	41474
3734.05 of the Revised Code, section 3734.79 of the Revised Code,	41475
and rules adopted under division (T)(1) of this section, any	41476
person applying for a registration certificate under section	41477
3734.75, 3734.76, or 3734.78 of the Revised Code or a permit,	41478
variance, or plan approval under Chapter 3734. of the Revised Code	41479
shall pay a nonrefundable fee of fifteen dollars at the time the	41480
application is submitted.	41481

Except as otherwise provided, any person applying for a	41482
permit, variance, or plan approval under Chapter 6109. or 6111. of	41483
the Revised Code shall pay a nonrefundable fee of one hundred	41484
dollars at the time the application is submitted through June 30,	41485
2014, and a nonrefundable fee of fifteen dollars at the time the	41486
application is submitted on and after July 1, 2014. Except as	41487
provided in division (S)(3) of this section, through June 30,	41488
2014, any person applying for a national pollutant discharge	41489
elimination system permit under Chapter 6111. of the Revised Code	41490
shall pay a nonrefundable fee of two hundred dollars at the time	41491
of application for the permit. On and after July 1, 2014, such a	41492
person shall pay a nonrefundable fee of fifteen dollars at the	41493
time of application.	41494

In addition to the application fee established under division	41495
(S)(1) of this section, any person applying for a national	41496
pollutant discharge elimination system general storm water	41497
construction permit shall pay a nonrefundable fee of twenty	41498
dollars per acre for each acre that is permitted above five acres	41499
at the time the application is submitted. However, the per acreage	41500
fee shall not exceed three hundred dollars. In addition, any	41501
person applying for a national pollutant discharge elimination	41502
system general storm water industrial permit shall pay a	41503
nonrefundable fee of one hundred fifty dollars at the time the	41504
application is submitted.	41505

The director shall transmit all moneys collected under	41506
division (S)(1) of this section pursuant to Chapter 6109. of the	41507
Revised Code to the treasurer of state for deposit into the	41508
drinking water protection fund created in section 6109.30 of the	41509
Revised Code.	41510

The director shall transmit all moneys collected under	41511
division (S)(1) of this section pursuant to Chapter 6111. of the	41512
Revised Code and under division (S)(3) of this section to the	41513
treasurer of state for deposit into the surface water protection	41514
fund created in section 6111.038 of the Revised Code.	41515

If a registration certificate is issued under section	41516
3734.75, 3734.76, or 3734.78 of the Revised Code, the amount of	41517
the application fee paid shall be deducted from the amount of the	41518
registration certificate fee due under division (R)(1), (2), or	41519
(5) of this section, as applicable.	41520

If a person submits an electronic application for a	41521
registration certificate, permit, variance, or plan approval for	41522
which an application fee is established under division (S)(1) of	41523
this section, the person shall pay the applicable application fee	41524
as expeditiously as possible after the submission of the	41525
electronic application. An application for a registration	41526
certificate, permit, variance, or plan approval for which an	41527
application fee is established under division (S)(1) of this	41528
section shall not be reviewed or processed until the applicable	41529
application fee, and any other fees established under this	41530
division, are paid.	41531

(2) Division (S)(1) of this section does not apply to an	41532
application for a registration certificate for a scrap tire	41533
collection or storage facility submitted under section 3734.75 or	41534
3734.76 of the Revised Code, as applicable, if the owner or	41535
operator of the facility or proposed facility is a motor vehicle	41536
salvage dealer licensed under Chapter 4738. of the Revised Code.	41537

(3) A person applying for coverage under a national pollutant	41538
discharge elimination system general discharge permit for	41539
household sewage treatment systems shall pay the following fees:	41540

(a) A nonrefundable fee of two hundred dollars at the time of	41541
application for initial permit coverage;	41542

(b) A nonrefundable fee of one hundred dollars at the time of	41543
application for a renewal of permit coverage.	41544

(T) The director may adopt, amend, and rescind rules in	41545
accordance with Chapter 119. of the Revised Code that do all of	41546
the following:	41547

(1) Prescribe fees to be paid by applicants for and holders	41548
of any license, permit, variance, plan approval, or certification	41549
required or authorized by Chapter 3704., 3734., 6109., or 6111. of	41550
the Revised Code that are not specifically established in this	41551
section. The fees shall be designed to defray the cost of	41552
processing, issuing, revoking, modifying, denying, and enforcing	41553
the licenses, permits, variances, plan approvals, and	41554
certifications.	41555

The director shall transmit all moneys collected under rules	41556
adopted under division (T)(1) of this section pursuant to Chapter	41557
6109. of the Revised Code to the treasurer of state for deposit	41558
into the drinking water protection fund created in section 6109.30	41559
of the Revised Code.	41560

The director shall transmit all moneys collected under rules	41561
adopted under division (T)(1) of this section pursuant to Chapter	41562
6111. of the Revised Code to the treasurer of state for deposit	41563
into the surface water protection fund created in section 6111.038	41564
of the Revised Code.	41565

(2) Exempt the state and political subdivisions thereof,	41566
including education facilities or medical facilities owned by the	41567
state or a political subdivision, or any person exempted from	41568
taxation by section 5709.07 or 5709.12 of the Revised Code, from	41569
any fee required by this section;	41570

(3) Provide for the waiver of any fee, or any part thereof,	41571
otherwise required by this section whenever the director	41572
determines that the imposition of the fee would constitute an	41573
unreasonable cost of doing business for any applicant, class of	41574
applicants, or other person subject to the fee;	41575

(4) Prescribe measures that the director considers necessary	41576
to carry out this section.	41577

(U) When the director reasonably demonstrates that the direct	41578
cost to the state associated with the issuance of a permit to	41579
install, license, variance, plan approval, or certification	41580
exceeds the fee for the issuance or review specified by this	41581
section, the director may condition the issuance or review on the	41582
payment by the person receiving the issuance or review of, in	41583
addition to the fee specified by this section, the amount, or any	41584
portion thereof, in excess of the fee specified under this	41585
section. The director shall not so condition issuances for which	41586
~~fees are~~a fee is prescribed in ~~divisions (B)(7) and~~division	41587
(L)(1)(b) of this section.	41588

(V) Except as provided in divisions (L), (M), and (P) of this	41589
section or unless otherwise prescribed by a rule of the director	41590
adopted pursuant to Chapter 119. of the Revised Code, all fees	41591
required by this section are payable within thirty days after the	41592
issuance of an invoice for the fee by the director or the	41593
effective date of the issuance of the license, permit, variance,	41594
plan approval, or certification. If payment is late, the person	41595
responsible for payment of the fee shall pay an additional ten per	41596
cent of the amount due for each month that it is late.	41597

(W) As used in this section, "fuel-burning equipment,"	41598
"fuel-burning equipment input capacity," "incinerator,"	41599
"incinerator input capacity," "process," "process weight rate,"	41600
"storage tank," "gasoline dispensing facility," "dry cleaning	41601
facility," "design flow discharge," and "new source treatment	41602
works" have the meanings ascribed to those terms by applicable	41603
rules or standards adopted by the director under Chapter 3704. or	41604
6111. of the Revised Code.	41605

(X) As used in divisions (B), ~~(C),~~ (D), (E), (F), (H), (I),	41606
and (J) of this section, and in any other provision of this	41607
section pertaining to fees paid pursuant to Chapter 3704. of the	41608
Revised Code:	41609

(1) "Facility," "federal Clean Air Act," "person," and "Title	41610
V permit" have the same meanings as in section 3704.01 of the	41611
Revised Code.	41612

(2) "Title V permit program" means the following activities	41613
as necessary to meet the requirements of Title V of the federal	41614
Clean Air Act and 40 C.F.R. part 70, including at least:	41615

(a) Preparing and adopting, if applicable, generally	41616
applicable rules or guidance regarding the permit program or its	41617
implementation or enforcement;	41618

(b) Reviewing and acting on any application for a Title V	41619
permit, permit revision, or permit renewal, including the	41620
development of an applicable requirement as part of the processing	41621
of a permit, permit revision, or permit renewal;	41622

(c) Administering the permit program, including the	41623
supporting and tracking of permit applications, compliance	41624
certification, and related data entry;	41625

(d) Determining which sources are subject to the program and	41626
implementing and enforcing the terms of any Title V permit, not	41627
including any court actions or other formal enforcement actions;	41628

(e) Emission and ambient monitoring;

41629

(f) Modeling, analyses, or demonstrations;

41630

(g) Preparing inventories and tracking emissions;

41631

(h) Providing direct and indirect support to small business	41632
stationary sources to determine and meet their obligations under	41633
the federal Clean Air Act pursuant to the small business	41634
stationary source technical and environmental compliance	41635
assistance program required by section 507 of that act and	41636
established in sections 3704.18, 3704.19, and 3706.19 of the	41637
Revised Code.	41638

(Y)(1) Except as provided in divisions (Y)(2), (3), and (4)	41639
of this section, each sewage sludge facility shall pay a	41640
nonrefundable annual sludge fee equal to three dollars and fifty	41641
cents per dry ton of sewage sludge, including the dry tons of	41642
sewage sludge in materials derived from sewage sludge, that the	41643
sewage sludge facility treats or disposes of in this state. The	41644
annual volume of sewage sludge treated or disposed of by a sewage	41645
sludge facility shall be calculated using the first day of January	41646
through the thirty-first day of December of the calendar year	41647
preceding the date on which payment of the fee is due.	41648

(2)(a) Except as provided in division (Y)(2)(d) of this	41649
section, each sewage sludge facility shall pay a minimum annual	41650
sewage sludge fee of one hundred dollars.	41651

(b) The annual sludge fee required to be paid by a sewage	41652
sludge facility that treats or disposes of exceptional quality	41653
sludge in this state shall be thirty-five per cent less per dry	41654
ton of exceptional quality sludge than the fee assessed under	41655
division (Y)(1) of this section, subject to the following	41656
exceptions:	41657

(i) Except as provided in division (Y)(2)(d) of this section,	41658
a sewage sludge facility that treats or disposes of exceptional	41659
quality sludge shall pay a minimum annual sewage sludge fee of one	41660
hundred dollars.	41661

(ii) A sewage sludge facility that treats or disposes of	41662
exceptional quality sludge shall not be required to pay the annual	41663
sludge fee for treatment or disposal in this state of exceptional	41664
quality sludge generated outside of this state and contained in	41665
bags or other containers not greater than one hundred pounds in	41666
capacity.	41667

A thirty-five per cent reduction for exceptional quality	41668
sludge applies to the maximum annual fees established under	41669
division (Y)(3) of this section.	41670

(c) A sewage sludge facility that transfers sewage sludge to	41671
another sewage sludge facility in this state for further treatment	41672
prior to disposal in this state shall not be required to pay the	41673
annual sludge fee for the tons of sewage sludge that have been	41674
transferred. In such a case, the sewage sludge facility that	41675
disposes of the sewage sludge shall pay the annual sludge fee.	41676
However, the facility transferring the sewage sludge shall pay the	41677
one-hundred-dollar minimum fee required under division (Y)(2)(a)	41678
of this section.	41679

In the case of a sewage sludge facility that treats sewage	41680
sludge in this state and transfers it out of this state to another	41681
entity for disposal, the sewage sludge facility in this state	41682
shall be required to pay the annual sludge fee for the tons of	41683
sewage sludge that have been transferred.	41684

(d) A sewage sludge facility that generates sewage sludge	41685
resulting from an average daily discharge flow of less than five	41686
thousand gallons per day is not subject to the fees assessed under	41687
division (Y) of this section.	41688

(3) No sewage sludge facility required to pay the annual	41689
sludge fee shall be required to pay more than the maximum annual	41690
fee for each disposal method that the sewage sludge facility uses.	41691
The maximum annual fee does not include the additional amount that	41692
may be charged under division (Y)(5) of this section for late	41693
payment of the annual sludge fee. The maximum annual fee for the	41694
following methods of disposal of sewage sludge is as follows:	41695

(a) Incineration: five thousand dollars;

41696

(b) Preexisting land reclamation project or disposal in a	41697
landfill: five thousand dollars;	41698

(c) Land application, land reclamation, surface disposal, or	41699
any other disposal method not specified in division (Y)(3)(a) or	41700
(b) of this section: twenty thousand dollars.	41701

(4)(a) In the case of an entity that generates sewage sludge	41702
or a sewage sludge facility that treats sewage sludge and	41703
transfers the sewage sludge to an incineration facility for	41704
disposal, the incineration facility, and not the entity generating	41705
the sewage sludge or the sewage sludge facility treating the	41706
sewage sludge, shall pay the annual sludge fee for the tons of	41707
sewage sludge that are transferred. However, the entity or	41708
facility generating or treating the sewage sludge shall pay the	41709
one-hundred-dollar minimum fee required under division (Y)(2)(a)	41710
of this section.	41711

(b) In the case of an entity that generates sewage sludge and	41712
transfers the sewage sludge to a landfill for disposal or to a	41713
sewage sludge facility for land reclamation or surface disposal,	41714
the entity generating the sewage sludge, and not the landfill or	41715
sewage sludge facility, shall pay the annual sludge fee for the	41716
tons of sewage sludge that are transferred.	41717

(5) Not later than the first day of April of the calendar	41718
year following March 17, 2000, and each first day of April	41719
thereafter, the director shall issue invoices to persons who are	41720
required to pay the annual sludge fee. The invoice shall identify	41721
the nature and amount of the annual sludge fee assessed and state	41722
the first day of May as the deadline for receipt by the director	41723
of objections regarding the amount of the fee and the first day of	41724
July as the deadline for payment of the fee.	41725

Not later than the first day of May following receipt of an	41726
invoice, a person required to pay the annual sludge fee may submit	41727
objections to the director concerning the accuracy of information	41728
regarding the number of dry tons of sewage sludge used to	41729
calculate the amount of the annual sludge fee or regarding whether	41730
the sewage sludge qualifies for the exceptional quality sludge	41731
discount established in division (Y)(2)(b) of this section. The	41732
director may consider the objections and adjust the amount of the	41733
fee to ensure that it is accurate.	41734

If the director does not adjust the amount of the annual	41735
sludge fee in response to a person's objections, the person may	41736
appeal the director's determination in accordance with Chapter	41737
119. of the Revised Code.	41738

Not later than the first day of June, the director shall	41739
notify the objecting person regarding whether the director has	41740
found the objections to be valid and the reasons for the finding.	41741
If the director finds the objections to be valid and adjusts the	41742
amount of the annual sludge fee accordingly, the director shall	41743
issue with the notification a new invoice to the person	41744
identifying the amount of the annual sludge fee assessed and	41745
stating the first day of July as the deadline for payment.	41746

Not later than the first day of July, any person who is	41747
required to do so shall pay the annual sludge fee. Any person who	41748
is required to pay the fee, but who fails to do so on or before	41749
that date shall pay an additional amount that equals ten per cent	41750
of the required annual sludge fee.	41751

(6) The director shall transmit all moneys collected under	41752
division (Y) of this section to the treasurer of state for deposit	41753
into the surface water protection fund created in section 6111.038	41754
of the Revised Code. The moneys shall be used to defray the costs	41755
of administering and enforcing provisions in Chapter 6111. of the	41756
Revised Code and rules adopted under it that govern the use,	41757
storage, treatment, or disposal of sewage sludge.	41758

(7) Beginning in fiscal year 2001, and every two years	41759
thereafter, the director shall review the total amount of moneys	41760
generated by the annual sludge fees to determine if that amount	41761
exceeded six hundred thousand dollars in either of the two	41762
preceding fiscal years. If the total amount of moneys in the fund	41763
exceeded six hundred thousand dollars in either fiscal year, the	41764
director, after review of the fee structure and consultation with	41765
affected persons, shall issue an order reducing the amount of the	41766
fees levied under division (Y) of this section so that the	41767
estimated amount of moneys resulting from the fees will not exceed	41768
six hundred thousand dollars in any fiscal year.	41769

If, upon review of the fees under division (Y)(7) of this	41770
section and after the fees have been reduced, the director	41771
determines that the total amount of moneys collected and	41772
accumulated is less than six hundred thousand dollars, the	41773
director, after review of the fee structure and consultation with	41774
affected persons, may issue an order increasing the amount of the	41775
fees levied under division (Y) of this section so that the	41776
estimated amount of moneys resulting from the fees will be	41777
approximately six hundred thousand dollars. Fees shall never be	41778
increased to an amount exceeding the amount specified in division	41779
(Y)(7) of this section.	41780

Notwithstanding section 119.06 of the Revised Code, the	41781
director may issue an order under division (Y)(7) of this section	41782
without the necessity to hold an adjudicatory hearing in	41783
connection with the order. The issuance of an order under this	41784
division is not an act or action for purposes of section 3745.04	41785
of the Revised Code.	41786

(8) As used in division (Y) of this section:

41787

(a) "Sewage sludge facility" means an entity that performs	41788
treatment on or is responsible for the disposal of sewage sludge.	41789

(b) "Sewage sludge" means a solid, semi-solid, or liquid	41790
residue generated during the treatment of domestic sewage in a	41791
treatment works as defined in section 6111.01 of the Revised Code.	41792
"Sewage sludge" includes, but is not limited to, scum or solids	41793
removed in primary, secondary, or advanced wastewater treatment	41794
processes. "Sewage sludge" does not include ash generated during	41795
the firing of sewage sludge in a sewage sludge incinerator, grit	41796
and screenings generated during preliminary treatment of domestic	41797
sewage in a treatment works, animal manure, residue generated	41798
during treatment of animal manure, or domestic septage.	41799

(c) "Exceptional quality sludge" means sewage sludge that	41800
meets all of the following qualifications:	41801

(i) Satisfies the class A pathogen standards in 40 C.F.R.	41802
503.32(a);	41803

(ii) Satisfies one of the vector attraction reduction	41804
requirements in 40 C.F.R. 503.33(b)(1) to (b)(8);	41805

(iii) Does not exceed the ceiling concentration limitations	41806
for metals listed in table one of 40 C.F.R. 503.13;	41807

(iv) Does not exceed the concentration limitations for metals	41808
listed in table three of 40 C.F.R. 503.13.	41809

(d) "Treatment" means the preparation of sewage sludge for	41810
final use or disposal and includes, but is not limited to,	41811
thickening, stabilization, and dewatering of sewage sludge.	41812

(e) "Disposal" means the final use of sewage sludge,	41813
including, but not limited to, land application, land reclamation,	41814
surface disposal, or disposal in a landfill or an incinerator.	41815

(f) "Land application" means the spraying or spreading of	41816
sewage sludge onto the land surface, the injection of sewage	41817
sludge below the land surface, or the incorporation of sewage	41818
sludge into the soil for the purposes of conditioning the soil or	41819
fertilizing crops or vegetation grown in the soil.	41820

(g) "Land reclamation" means the returning of disturbed land	41821
to productive use.	41822

(h) "Surface disposal" means the placement of sludge on an	41823
area of land for disposal, including, but not limited to,	41824
monofills, surface impoundments, lagoons, waste piles, or	41825
dedicated disposal sites.	41826

(i) "Incinerator" means an entity that disposes of sewage	41827
sludge through the combustion of organic matter and inorganic	41828
matter in sewage sludge by high temperatures in an enclosed	41829
device.	41830

(j) "Incineration facility" includes all incinerators owned	41831
or operated by the same entity and located on a contiguous tract	41832
of land. Areas of land are considered to be contiguous even if	41833
they are separated by a public road or highway.	41834

(k) "Annual sludge fee" means the fee assessed under division	41835
(Y)(1) of this section.	41836

(l) "Landfill" means a sanitary landfill facility, as defined	41837
in rules adopted under section 3734.02 of the Revised Code, that	41838
is licensed under section 3734.05 of the Revised Code.	41839

(m) "Preexisting land reclamation project" means a	41840
property-specific land reclamation project that has been in	41841
continuous operation for not less than five years pursuant to	41842
approval of the activity by the director and includes the	41843
implementation of a community outreach program concerning the	41844
activity.	41845

Sec. 3745.112. During the month of August 1997, and	41846
biennially thereafter, the director of environmental protection	41847
shall enter into a contract for the performance of an independent	41848
evaluation of the Title V permit program to be conducted under the	41849
supervision of an independent certified public accountant. The	41850
evaluation shall review the finances, operations, revenues, costs,	41851
and expenditures of the Title V permit program under section	41852
3704.036 of the Revised Code and the Title V clean air fund	41853
created in section 3704.035 of the Revised Code. The findings of	41854
each such evaluation shall be set forth in a written report that	41855
shall include, without limitation, all of the following:	41856

(A) A review and analysis of all expenditures from the Title	41857
V clean air fund for the Title V permit program;	41858

(B) A review and analysis of all costs incurred by the	41859
environmental protection agency designated by the director to be	41860
costs of the Title V permit program;	41861

(C) A review and analysis of all expenditures from the Title	41862
V clean air fund for costs not designated by the director as costs	41863
of the Title V permit program;	41864

(D) A review and analysis of the adequacy of the fees	41865
assessed under division ~~(C)~~(B) of section 3745.11 for meeting the	41866
costs of the Title V permit program during the period reviewed by	41867
the evaluation.	41868

Upon completion of the written report of each evaluation	41869
required by this section, the director shall provide copies of the	41870
report to the governor and the general assembly and shall make	41871
copies of it available to the public.	41872

The reasonable and necessary expenses for conducting an	41873
evaluation required under this section are hereby deemed to be	41874
reasonable costs to administer the Title V permit program and	41875
shall be paid from moneys credited to the Title V clean air fund	41876
arising from the fees assessed under division ~~(C)~~(B) of section	41877
3745.11 of the Revised Code.	41878

Sec. 3748.04. The ~~public~~director of health ~~council~~, in	41879
accordance with Chapter 119. of the Revised Code, shall adopt and	41880
may amend or rescind rules doing all of the following:	41881

(A) Listing types of radioactive material for which licensure	41882
by its handler is required and types of radiation-generating	41883
equipment for which registration by its handler is required, and	41884
establishing requirements governing them. Rules adopted under	41885
division (A) of this section shall be compatible with applicable	41886
federal regulations and shall establish all of the following,	41887
without limitation:	41888

(1) Requirements governing both of the following:

41889

(a) The licensing and inspection of handlers of radioactive	41890
material. Standards established in rules adopted under division	41891
(A)(1)(a) of this section regarding byproduct material or any	41892
activity that results in the production of that material, to the	41893
extent practicable, shall be equivalent to or more stringent than	41894
applicable standards established by the United States nuclear	41895
regulatory commission.	41896

(b) The registration and inspection of handlers of	41897
radiation-generating equipment. Standards established in rules	41898
adopted under division (A)(1)(b) of this section, to the extent	41899
practicable, shall be equivalent to applicable standards	41900
established by the food and drug administration in the United	41901
States department of health and human services.	41902

(2) Identification of and requirements governing possession	41903
and use of specifically licensed and generally licensed quantities	41904
of radioactive material as either sealed sources or unsealed	41905
sources;	41906

(3) A procedure for the issuance of and the frequency of	41907
renewal of the licenses of handlers of radioactive material, other	41908
than a license for a facility for the disposal of low-level	41909
radioactive waste, and of the certificates of registration of	41910
handlers of radiation-generating equipment;	41911

(4) Procedures for suspending and revoking the licenses of	41912
handlers of radioactive material and the certificates of	41913
registration of handlers of radiation-generating equipment;	41914

(5) Criteria to be used by the director of health in amending	41915
the license of a handler of radioactive material or the	41916
certificate of registration of a handler of radiation-generating	41917
equipment subsequent to its issuance;	41918

(6) Criteria for achieving and maintaining compliance with	41919
this chapter and rules adopted under it by licensees and	41920
registrants;	41921

(7) Criteria governing environmental monitoring of licensed	41922
and registered activities to assess compliance with this chapter	41923
and rules adopted under it;	41924

(8) Fees for both of the following:

41925

(a) The licensing of handlers, other than facilities for the	41926
disposal of low-level radioactive waste, of radioactive material;	41927

(b) The registration of handlers, other than facilities that	41928
are, or are operated by, medical practitioners or	41929
medical-practitioner groups, of radiation-generating equipment.	41930

(9) A fee schedule for both of the following that includes	41931
fees for reviews, conducted during an inspection, of shielding	41932
plans or the adequacy of shielding:	41933

(a) The inspection of handlers of radioactive material;

41934

(b) The inspection of handlers, other than facilities that	41935
are, or are operated by, medical practitioners or	41936
medical-practitioner groups, of radiation-generating equipment.	41937

(B)(1) Identifying sources of radiation, circumstances of	41938
possession, use, or disposal of sources of radiation, and levels	41939
of radiation that constitute an unreasonable or unnecessary risk	41940
to human health or the environment;	41941

(2) Establishing requirements for the achievement and	41942
maintenance of compliance with standards for the receipt,	41943
possession, use, storage, installation, transfer, servicing, and	41944
disposal of sources of radiation to prevent levels of radiation	41945
that constitute an unreasonable or unnecessary risk to human	41946
health or the environment;	41947

(3) Requiring the maintenance of records on the receipt, use,	41948
storage, transfer, and disposal of radioactive material and on the	41949
radiological safety aspects of the use and maintenance of	41950
radiation-generating equipment.	41951

In adopting rules under divisions (A) and (B) of this	41952
section, the ~~council~~director shall use standards no less	41953
stringent than the "suggested state regulations for control of	41954
radiation" prepared by the conference of radiation control program	41955
directors, inc., and regulations adopted by the United States	41956
nuclear regulatory commission, the United States environmental	41957
protection agency, and the United States department of health and	41958
human services and shall consider reports of the national council	41959
on radiation protection and measurement and the relevant standards	41960
of the American national standards institute.	41961

(C) Establishing fees, procedures, and requirements for	41962
certification as a radiation expert, including all of the	41963
following, without limitation:	41964

(1) Minimum training and experience requirements;

41965

(2) Procedures for applying for certification;

41966

(3) Procedures for review of applications and issuance of	41967
certificates;	41968

(4) Procedures for suspending and revoking certification.

41969

(D) Establishing a schedule for inspection of sources of	41970
radiation and their shielding and surroundings;	41971

(E) Establishing the responsibilities of a radiation expert;

41972

(F) Establishing criteria for quality assurance programs for	41973
licensees of radioactive material and registrants of	41974
radiation-generating equipment;	41975

(G) Establishing fees to be paid by any facility that, on	41976
September 8, 1995, holds a license from the United States nuclear	41977
regulatory commission in order to provide moneys necessary for the	41978
transfer of licensing and other regulatory authority from the	41979
commission to the state pursuant to section 3748.03 of the Revised	41980
Code. Rules adopted under this division shall stipulate that fees	41981
so established do not apply to any functions dealing specifically	41982
with a facility for the disposal of low-level radioactive waste.	41983
Fees collected under this division shall be deposited into the	41984
state treasury to the credit of the general operations fund	41985
created in section 3701.83 of the Revised Code. The fees shall be	41986
used solely to administer and enforce this chapter and rules	41987
adopted under it.	41988

(H) Establishing fees to be collected annually from	41989
generators of low-level radioactive waste, which shall be based	41990
upon the volume and radioactivity of the waste generated and the	41991
costs of administering low-level radioactive waste management	41992
activities under this chapter and rules adopted under it. All fees	41993
collected under this division shall be deposited into the state	41994
treasury to the credit of the general operations fund created in	41995
section 3701.83 of the Revised Code. The fees shall be used solely	41996
to administer and enforce this chapter and rules adopted under it.	41997
Any fee required under this division that ~~has not been paid within~~	41998
~~ninety days~~remains unpaid on the ninety-first day after the	41999
original invoice date shall be assessed ~~at two times~~an additional	42000
amount equal to ten per cent of the original ~~invoiced~~ fee. ~~Any fee~~	42001
~~that has not been paid within one hundred eighty days after the~~	42002
~~invoice date shall be assessed at five times the original invoiced~~	42003
~~fee.~~	42004

(I) Establishing requirements governing closure,	42005
decontamination, decommissioning, reclamation, and long-term	42006
surveillance and care of a facility licensed under this chapter	42007
and rules adopted under it. Rules adopted under division (I) of	42008
this section shall include, without limitation, all of the	42009
following:	42010

(1) Standards and procedures to ensure that a licensee	42011
prepares a decommissioning funding plan that provides an adequate	42012
financial guaranty to permit the completion of all requirements	42013
governing the closure, decontamination, decommissioning, and	42014
reclamation of sites, structures, and equipment used in	42015
conjunction with a licensed activity;	42016

(2) For licensed activities where radioactive material that	42017
will require surveillance or care is likely to remain at the site	42018
after the licensed activities cease, as indicated in the	42019
application for the license submitted under section 3748.07 of the	42020
Revised Code, standards and procedures to ensure that the licensee	42021
prepares an additional decommissioning funding plan for long-term	42022
surveillance and care, before termination of the license, that	42023
provides an additional adequate financial guaranty as necessary to	42024
provide for that surveillance and care;	42025

(3) For the purposes of the decommissioning funding plans	42026
required in rules adopted under divisions (I)(1) and (2) of this	42027
section, the types of acceptable financial guaranties, which shall	42028
include bonds issued by fidelity or surety companies authorized to	42029
do business in the state, certificates of deposit, deposits of	42030
government securities, irrevocable letters or lines of credit,	42031
trust funds, escrow accounts, or other similar types of	42032
arrangements, but shall not include any arrangement that	42033
constitutes self-insurance;	42034

(4) A requirement that the decommissioning funding plans	42035
required in rules adopted under divisions (I)(1) and (2) of this	42036
section contain financial guaranties in amounts sufficient to	42037
ensure compliance with any standards established by the United	42038
States nuclear regulatory commission, or by the state if it has	42039
become an agreement state pursuant to section 3748.03 of the	42040
Revised Code, pertaining to closure, decontamination,	42041
decommissioning, reclamation, and long-term surveillance and care	42042
of licensed activities and sites of licensees.	42043

Standards established in rules adopted under division (I) of	42044
this section regarding any activity that resulted in the	42045
production of byproduct material, as defined in division (A)(2) of	42046
section 3748.01 of the Revised Code, to the extent practicable,	42047
shall be equivalent to or more stringent than standards	42048
established by the United States nuclear regulatory commission for	42049
sites at which ores were processed primarily for their source	42050
material content and at which byproduct material, as defined in	42051
division (A)(2) of section 3748.01 of the Revised Code, is	42052
deposited.	42053

(J) Establishing criteria governing inspections of a facility	42054
for the disposal of low-level radioactive waste, including,	42055
without limitation, the establishment of a resident inspector	42056
program at such a facility;	42057

(K) Establishing requirements and procedures governing the	42058
filing of complaints under section 3748.16 of the Revised Code,	42059
including, without limitation, those governing intervention in a	42060
hearing held under division (B)(3) of that section.	42061

Sec. 3748.05. (A) The director of health shall do all of the	42062
following:	42063

(1) Administer and enforce this chapter and the rules adopted	42064
under it;	42065

(2) Collect and make available information relating to	42066
sources of radiation;	42067

(3) Ensure the review of plans and specifications, submitted	42068
in accordance with rules adopted by the ~~public health council~~	42069
director, for the control of radiation that constitutes an	42070
unreasonable or unnecessary risk to human health or the	42071
environment;	42072

(4) Review reports of quality assurance audits performed by	42073
certified radiation experts under this chapter and the rules	42074
adopted under it;	42075

(5) Ensure that programs for the control of sources of	42076
radiation are developed with due regard for compatibility with	42077
federal programs for the regulation of byproduct, source, and	42078
special nuclear materials;	42079

(6) In accordance with Chapter 119. of the Revised Code,	42080
adopt, and subsequently may amend and rescind, rules providing for	42081
the administrative assessment and collection of monetary penalties	42082
for failure by any facility licensed under this chapter and rules	42083
adopted under it to comply with this chapter and those rules. The	42084
director may require the submission of compliance schedules and	42085
other related information. Any orders issued or payments or other	42086
requirements imposed pursuant to rules adopted under division	42087
(A)(6) of this section shall not affect any civil or criminal	42088
enforcement proceeding brought under this chapter or any other	42089
provision of state or local law. Moneys collected as	42090
administrative penalties imposed pursuant to rules adopted under	42091
division (A)(6) of this section shall be deposited in the state	42092
treasury to the credit of the general operations fund created in	42093
section 3701.83 of the Revised Code. The moneys shall be used	42094
solely to administer and enforce this chapter and the rules	42095
adopted under it.	42096

(7) Maintain files of both of the following:

42097

(a) All license and registration applications, issuances,	42098
denials, amendments, renewals, suspensions, and revocations and	42099
any administrative or judicial action pertaining to them;	42100

(b) All rules adopted under this chapter, or proposed to be	42101
adopted, relating to the regulation of sources of radiation and	42102
proceedings on them.	42103

(B) The director may do any or all of the following:

42104

(1) Advise, consult, and cooperate with other agencies of the	42105
state, the federal government, other states, interstate agencies,	42106
political subdivisions, industries, and other affected groups in	42107
furtherance of the purposes of this chapter and the rules adopted	42108
under it;	42109

(2) Accept and administer grants from the federal government	42110
and from other sources, public or private, for carrying out any of	42111
the director's functions under this chapter and the rules adopted	42112
under it;	42113

(3) Encourage, participate in, or conduct studies,	42114
investigations, training, research, and demonstrations relating to	42115
the detection and control of radiation that constitutes an	42116
unreasonable or unnecessary risk to human health or the	42117
environment, the measurement of radiation, the evaluation of	42118
potential effects on health of cumulative or acute exposure to	42119
radiation, the development and improvement of methods to limit and	42120
reduce the generation of radioactive waste, and related problems	42121
as the director considers necessary or advisable;	42122

(4) In accordance with Chapter 119. of the Revised Code,	42123
adopt rules establishing criteria under which other agencies of	42124
the state or private entities may perform inspections of x-ray	42125
equipment at registered dental facilities at the request of the	42126
facility or pursuant to contract with the department;	42127

(5) Exercise all incidental powers necessary to carry out the	42128
purposes of this chapter and the rules adopted under it,	42129
including, without limitation, the issuance of orders.	42130

Sec. 3748.07. (A) Every facility that proposes to handle	42131
radioactive material or radiation-generating equipment for which	42132
licensure or registration, respectively, by its handler is	42133
required shall apply in writing to the director of health on forms	42134
prescribed and provided by the director for licensure or	42135
registration. Terms and conditions of licenses and certificates of	42136
registration may be amended in accordance with rules adopted under	42137
section 3748.04 of the Revised Code or orders issued by the	42138
director pursuant to section 3748.05 of the Revised Code.	42139

(B)(1) An applicant proposing to handle radioactive material	42140
shall pay for a license or renewal of a license the appropriate	42141
fee specified in rules adopted under section 3748.04 of the	42142
Revised Code and listed on an invoice provided by the director.	42143
The applicant shall pay the fee on receipt of the invoice.	42144

(2)(a) Except as provided in division (B)(2)(b) of this	42145
section, until fees are established in rules adopted under	42146
division (A)(8)(b) of section 3748.04 of the Revised Code, an	42147
applicant proposing to handle radiation-generating equipment shall	42148
pay for a certificate of registration or renewal of a certificate	42149
a biennial registration fee of two hundred sixty-two dollars.	42150

Except as provided in division (B)(2)(b) of this section, on	42151
and after the effective date of the rules in which fees are	42152
established under division (A)(8)(b) of section 3748.04 of the	42153
Revised Code, an applicant proposing to handle	42154
radiation-generating equipment shall pay for a certificate of	42155
registration or renewal of a certificate the appropriate fee	42156
established in those rules.	42157

The applicant shall pay the fees described in division	42158
(B)(2)(a) of this section at the time of applying for a	42159
certificate of registration or renewal of a certificate.	42160

(b) An applicant that is, or is operated by, a medical	42161
practitioner or medical-practitioner group and proposes to handle	42162
radiation-generating equipment shall pay for a certificate of	42163
registration or renewal of a certificate a biennial registration	42164
fee of two hundred sixty-two dollars. The applicant shall pay the	42165
fee at the time of applying for a certificate of registration or	42166
renewal of the certificate.	42167

(C) All fees collected under this section shall be deposited	42168
in the state treasury to the credit of the general operations fund	42169
created in section 3701.83 of the Revised Code. The fees shall be	42170
used solely to administer and enforce this chapter and rules	42171
adopted under it.	42172

(D) Any fee required under this section that ~~has not been~~	42173
~~paid within ninety days~~remains unpaid on the ninety-first day	42174
after the original invoice date shall be assessed ~~at two times~~an	42175
additional amount equal to ten per cent of the original ~~invoiced~~	42176
fee. ~~Any fee that has not been paid within one hundred eighty days~~	42177
~~after the invoice date shall be assessed at five times the~~	42178
~~original invoiced fee.~~	42179

(E) The director shall grant a license or registration to any	42180
applicant who has paid the required fee and is in compliance with	42181
this chapter and rules adopted under it.	42182

(F) Except as provided in division (B)(2) of this section,	42183
licenses and certificates of registration shall be effective for	42184
the applicable period established in rules adopted under section	42185
3748.04 of the Revised Code. Licenses and certificates of	42186
registration shall be renewed in accordance with the renewal	42187
procedure established in rules adopted under section 3748.04 of	42188
the Revised Code.	42189

Sec. 3748.10. (A) As used in this section, "person" means	42190
any legal entity defined as a person under section 1.59 of the	42191
Revised Code, the state or any agency of the state, any political	42192
subdivision or agency of a political subdivision, and the United	42193
States or any agency or instrumentality of the United States other	42194
than the United States department of energy or the United States	42195
nuclear regulatory commission where state regulation of the	42196
treatment, recycling, storage, or disposal of low-level	42197
radioactive waste by either of those agencies is prohibited by	42198
federal law.	42199

(B) No person shall treat, recycle, store, or dispose of any	42200
low-level radioactive waste except at a facility that is licensed	42201
for treatment, recycling, storage, or disposal of that waste by	42202
the director of health under this chapter and rules adopted under	42203
it or, until the state becomes an agreement state pursuant to	42204
section 3748.03 of the Revised Code, by the United States nuclear	42205
regulatory commission under the "Atomic Energy Act of 1954," 68	42206
Stat. 919, 42 U.S.C.A. 2011, as amended, and regulations adopted	42207
under it regardless of whether the waste has been reclassified as	42208
"below regulatory concern" by the United States nuclear regulatory	42209
commission pursuant to any rule or standard adopted after January	42210
1, 1990.	42211

(C) Division (B) of this section does not apply to either of	42212
the following:	42213

(1) Any low-level radioactive waste that on or before January	42214
1, 1990, was authorized under the "Atomic Energy Act of 1954," 68	42215
Stat. 919, 42 U.S.C.A. 2011, as amended, and regulations adopted	42216
under it to be treated, recycled, stored, or disposed of at a	42217
facility that has not been licensed under that act and regulations	42218
adopted under it;	42219

(2) Any low-level radioactive waste that has received an	42220
exemption from the director of health under division (C)(2) of	42221
this section. If the United States nuclear regulatory commission	42222
declares its intent to institute a policy regarding the	42223
reclassification of waste as "below regulatory concern," the	42224
~~public health council~~director, in consultation with the	42225
environmental protection agency, shall adopt rules in accordance	42226
with Chapter 119. of the Revised Code that govern the granting of	42227
such exemptions and that do at least all of the following:	42228

(a) Establish an application procedure to be followed by the	42229
generator of a low-level radioactive waste who wishes to obtain an	42230
exemption for that waste under division (C)(2) of this section;	42231

(b) Require that in order to receive an exemption, a	42232
low-level radioactive waste shall have been reclassified as "below	42233
regulatory concern" by the United States nuclear regulatory	42234
commission after August 19, 1992. The rules adopted under division	42235
(C)(2)(b) of this section shall stipulate that such a	42236
reclassification does not automatically qualify a low-level	42237
radioactive waste for an exemption under division (C)(2) of this	42238
section.	42239

(c) Require an applicant to demonstrate with clear and	42240
convincing evidence that the low-level radioactive waste that is	42241
the subject of the application does not present a higher	42242
radioactive hazard than any low-level radioactive waste to which	42243
division (C)(1) of this section applies and that treatment,	42244
recycling, storage, or disposal of the waste at a facility that	42245
has not been licensed by the director under this chapter and rules	42246
adopted under it or, until the state becomes an agreement state	42247
pursuant to section 3748.03 of the Revised Code, by the United	42248
States nuclear regulatory commission under the "Atomic Energy Act	42249
of 1954," 68 Stat. 919, 42 U.S.C.A. 2011, as amended, and	42250
regulations adopted under it, will not harm public health or	42251
safety or the environment;	42252

(d) Establish public notification procedures to be followed	42253
by the director for any public hearing held ~~by him~~ under division	42254
(C)(2) of this section.	42255

The director shall review an application submitted ~~to him~~	42256
under division (C)(2) of this section and shall hold a public	42257
hearing concerning the application before granting or denying the	42258
exemption requested. The director may grant an exemption to the	42259
low-level radioactive waste that is the subject of the application	42260
~~if he determines~~after determining that the generator has complied	42261
with the rules adopted under division (C)(2)(a) of this section	42262
and that the waste satisfies the requirements established in the	42263
rules adopted under divisions (C)(2)(b) and (c) of this section.	42264
The director shall maintain a list of all low-level radioactive	42265
wastes to which hethe director has granted such an exemption.	42266

Division (C)(2) of this section does not apply to any	42267
low-level radioactive waste generated at a nuclear power station.	42268

Sec. 3748.12. The director of health shall certify radiation	42269
experts pursuant to rules adopted under division (C) of section	42270
3748.04 of the Revised Code. The director shall issue a	42271
certificate to each person certified under this section. An	42272
individual certified by the director is qualified to develop,	42273
provide periodic review of, and conduct audits of the quality	42274
assurance program for sources of radiation for which such a	42275
program is required under division (A) of section 3748.13 of the	42276
Revised Code.	42277

The ~~public health council~~director shall establish an	42278
application fee for applying for certification and a biennial	42279
certification renewal fee in rules adopted under division (C) of	42280
section 3748.04 of the Revised Code. A certificate issued under	42281
this section shall expire two years after the date of its	42282
issuance. To maintain certification, a radiation expert shall	42283
apply to the director for renewal of certification in accordance	42284
with the standard renewal procedures established in Chapter 4745.	42285
of the Revised Code. The certification renewal fee is not required	42286
for initial certification, but shall be paid for every renewal of	42287
certification. Fees collected under this section shall be	42288
deposited into the state treasury to the credit of the general	42289
operations fund created in section 3701.83 of the Revised Code.	42290
The fees shall be used solely to administer and enforce this	42291
chapter and rules adopted under it. Any fee required under this	42292
section that ~~has not been paid within ninety days~~remains unpaid	42293
on the ninety-first day after the original invoice date shall be	42294
assessed ~~at two times~~an additional amount equal to ten per cent	42295
of the original ~~invoiced~~ fee. ~~Any fee that has not been paid~~	42296
~~within one hundred eighty days after the invoice date shall be~~	42297
~~assessed at five times the original invoiced fee.~~	42298

Sec. 3748.13. (A) The director of health shall inspect	42299
sources of radiation for which licensure or registration by the	42300
handler is required, and the sources' shielding and surroundings,	42301
according to the schedule established in rules adopted under	42302
division (D) of section 3748.04 of the Revised Code. In accordance	42303
with rules adopted under section 3748.04 of the Revised Code, the	42304
director shall inspect all records and operating procedures of	42305
handlers that install or service sources of radiation and all	42306
sources of radiation for which licensure of radioactive material	42307
or registration of radiation-generating equipment by the handler	42308
is required. The director may make other inspections upon	42309
receiving complaints or other evidence of a violation of this	42310
chapter or rules adopted under it.	42311

The director shall require any hospital registered under	42312
division (A) of section 3701.07 of the Revised Code to develop and	42313
maintain a quality assurance program for all sources of	42314
radiation-generating equipment. A certified radiation expert shall	42315
conduct oversight and maintenance of the program and shall file a	42316
report of audits of the program with the director on forms	42317
prescribed by the director. The audit reports shall become part of	42318
the inspection record.	42319

(B)(1) Except as provided in division (B)(2) of this section,	42320
a facility shall pay inspection fees for radioactive material and	42321
radiation-generating equipment according to the schedule and	42322
categories established in rules adopted under division (A)(9) of	42323
section 3748.04 of the Revised Code.	42324

(2) A facility that is, or is operated by, a medical	42325
practitioner or medical-practitioner group shall pay inspection	42326
fees for radiation-generating equipment according to the following	42327
schedule and categories:	42328

First dental x-ray tube	$ 155.00	42329
Each additional dental x-ray tube at the same location	$ 77.00	42330
First medical x-ray tube	$ 307.00	42331
Each additional medical x-ray tube at the same location	$ 163.00	42332
Each unit of ionizing radiation-generating equipment capable of operating at or above 250 kilovoltage peak	$ 610.00	42333
First nonionizing radiation-generating equipment of any kind	$ 307.00	42334
Each additional nonionizing radiation-generating equipment of any kind at the same location	$ 163.00	42335

(C)(1) Except as provided in division (C)(2) of this section,	42336
the fee for the inspection of a facility that proposes to handle	42337
radioactive material or radiation-generating equipment and is not	42338
licensed or registered, and for which no license or registration	42339
application is pending at the time of inspection, is four hundred	42340
seventy-four dollars plus the applicable fee specified in rules	42341
adopted under division (A)(9) of section 3748.04 of the Revised	42342
Code.	42343

(2) For a facility that is, or is operated by, a medical	42344
practitioner or medical-practitioner group and proposes to handle	42345
radiation-generating equipment, the fee for an inspection if the	42346
facility is not licensed or registered, and no license or	42347
registration is pending at the time of inspection, is four hundred	42348
seventy-four dollars plus the fee applicable under the schedule in	42349
division (B)(2) of this section.	42350

(D)(1) Except as provided in division (D)(2) of this section,	42351
for a facility that handles radioactive material or	42352
radiation-generating equipment, the fee for an inspection to	42353
determine whether violations cited in a previous inspection have	42354
been corrected is the amount specified in rules adopted under	42355
division (A)(9) of section 3748.04 of the Revised Code.	42356

(2) For a facility that is, or is operated by, a medical	42357
practitioner or medical-practitioner group and handles	42358
radiation-generating equipment, the fee for an inspection to	42359
determine whether violations cited in a previous inspection have	42360
been corrected is fifty per cent of the applicable fee under the	42361
schedule in division (B)(2) of this section.	42362

(E) The director may conduct a review of shielding plans or	42363
the adequacy of shielding on the request of a licensee or	42364
registrant or an applicant for licensure or registration or during	42365
an inspection when the director considers a review to be	42366
necessary.	42367

(1) Except as provided in division (E)(2) of this section,	42368
the fee for the review is the applicable amount specified in rules	42369
adopted under division (A)(9) of section 3748.04 of the Revised	42370
Code.	42371

(2) For a facility that is, or is operated by, a medical	42372
practitioner or medical-practitioner group and handles or proposes	42373
to handle radiation-generating equipment, the fee for the review	42374
is seven hundred sixty-two dollars for each room where a source of	42375
radiation is used and is in addition to any other fee applicable	42376
under the schedule in division (B)(2) of this section.	42377

(F) All fees shall be paid to the department of health no	42378
later than thirty days after the invoice for the fee is mailed.	42379
Fees shall be deposited in the general operations fund created in	42380
section 3701.83 of the Revised Code. The fees shall be used solely	42381
to administer and enforce this chapter and rules adopted under it.	42382

(G) Any fee required under this section that ~~has not been~~	42383
~~paid within ninety days~~remains unpaid on the ninety-first day	42384
after the original invoice date shall be assessed ~~at two times~~an	42385
additional amount equal to ten per cent of the original ~~invoiced~~	42386
fee. ~~Any fee that has not been paid within one hundred eighty days~~	42387
~~after the invoice date shall be assessed at five times the~~	42388
~~original invoiced fee.~~	42389

(H) If the director determines that a board of health of a	42390
city or general health district is qualified to conduct	42391
inspections of radiation-generating equipment, the director may	42392
delegate to the board, by contract, the authority to conduct such	42393
inspections. In making a determination of the qualifications of a	42394
board of health to conduct those inspections, the director shall	42395
evaluate the credentials of the individuals who are to conduct the	42396
inspections of radiation-generating equipment and the radiation	42397
detection and measuring equipment available to them for that	42398
purpose. If a contract is entered into, the board shall have the	42399
same authority to make inspections of radiation-generating	42400
equipment as the director has under this chapter and rules adopted	42401
under it. The contract shall stipulate that only individuals	42402
approved by the director as qualified shall be permitted to	42403
inspect radiation-generating equipment under the contract's	42404
provisions. The contract shall provide for such compensation for	42405
services as is agreed to by the director and the board of health	42406
of the contracting health district. The director may reevaluate	42407
the credentials of the inspection personnel and their radiation	42408
detecting and measuring equipment as often as the director	42409
considers necessary and may terminate any contract with the board	42410
of health of any health district that, in the director's opinion,	42411
is not satisfactorily performing the terms of the contract.	42412

(I) The director may enter at all reasonable times upon any	42413
public or private property to determine compliance with this	42414
chapter and rules adopted under it.	42415

Sec. 3748.15. No facility shall violate or fail to comply	42416
with any duty imposed by this chapter, fail to pay any	42417
administrative penalty assessed in accordance with rules adopted	42418
under division (A)(6) of section 3748.05 of the Revised Code, or	42419
violate or fail to comply with any valid order ofissued or rule	42420
adopted by the director of health ~~issued or rule of the public~~	42421
~~health council adopted~~ under this chapter. Each day a violation	42422
continues is a separate offense.	42423

Sec. 3748.20. (A) The governor, with the advice and consent	42424
of the senate, shall appoint a radiation advisory council, which	42425
shall consist of the following members:	42426

(1) One individual who has recognized ability and credentials	42427
in the field of medical radiation physics;	42428

(2) One individual who has recognized ability and credentials	42429
in the field of health physics;	42430

(3) One individual holding the degree of doctor of medicine	42431
or doctor of osteopathy and licensed to practice medicine or	42432
surgery or osteopathic medicine and surgery, as applicable, under	42433
Chapter 4731. of the Revised Code who has recognized ability and	42434
credentials in the practice of radiology;	42435

(4) One individual who is licensed to practice dentistry	42436
under Chapter 4715. of the Revised Code;	42437

(5) One individual holding the degree of doctor of medicine	42438
and licensed to practice medicine or surgery under Chapter 4731.	42439
of the Revised Code who has recognized ability and credentials in	42440
the field of nuclear medicine;	42441

(6) One individual who has recognized ability and credentials	42442
in the field of public health or environmental science;	42443

(7) One individual licensed as a podiatrist under Chapter	42444
4731. of the Revised Code;	42445

(8) One individual licensed as a chiropractor under Chapter	42446
4734. of the Revised Code;	42447

(9) One individual who is a qualified radiation safety	42448
officer or radiation protection manager from a facility in this	42449
state that is licensed for the use of radiation materials;	42450

(10) One individual who has recognized ability and	42451
credentials in the field of radon measurement, mitigation, or	42452
health risk management;	42453

(11) One individual who is a member of a statewide consumer	42454
or environmental advocacy organization;	42455

(12) One individual representing the public;

42456

(13) One individual who has recognized ability and experience	42457
in the administration and enforcement of federal radiation	42458
protection regulations, who shall be a nonvoting member.	42459

The governor shall make the initial appointments to the	42460
council not later than December 7, 1995. Of the initial	42461
appointments, four shall be for a term of office of three years,	42462
four shall be for a term of office of four years, and four shall	42463
be for a term of office of five years. Thereafter, terms of office	42464
for the members of the council shall be five years with each term	42465
ending on the same day of the same month as did the term that it	42466
succeeds. Each member shall hold office from the date of the	42467
member's appointment until the end of the term for which the	42468
member was appointed. Members may be reappointed. Vacancies shall	42469
be filled in the manner provided for original appointment. Any	42470
member appointed to fill a vacancy occurring prior to the	42471
expiration of the term for which the member's predecessor was	42472
appointed shall hold office for the remainder of that term. A	42473
member shall continue in office subsequent to the expiration of	42474
the member's term or until a period of sixty days has elapsed,	42475
whichever occurs first.	42476

The council shall hold four regular quarterly meetings each	42477
year. Special meetings may be held at the request of the	42478
chairperson of the council or the director of health. The	42479
chairperson shall be selected annually by members of the council	42480
during the first meeting of the calendar year. Following each	42481
meeting, the chairperson shall submit a report to the director	42482
summarizing the activities, discussion, and recommendations of the	42483
council. Seven voting members of the council constitute a quorum.	42484

Members of the radiation advisory council shall receive a per	42485
diem compensation in an amount approved by the director and also	42486
shall be reimbursed for actual expenses incurred in the	42487
performance of their official duties.	42488

The department of health shall provide the council the	42489
administrative support necessary to execute its duties.	42490

(B) The radiation advisory council shall do all of the	42491
following:	42492

(1) Advise and consult with the ~~public health council~~	42493
director in the development of rules ~~proposed for adoption~~to be	42494
adopted under section 3748.04 of the Revised Code;	42495

(2) Advise and consult with the director concerning the	42496
administration, implementation, and enforcement of this chapter,	42497
including the implementation of the specific responsibilities	42498
delineated in section 3748.05 of the Revised Code;	42499

(3) Advise and consult with the director in the development	42500
of inspection criteria, procedures, and guidelines to be used in	42501
the radiation control program established under this chapter and	42502
rules adopted under it;	42503

(4) Prepare and submit to the director an annual report	42504
evaluating the department's administration of the radiation	42505
control program.	42506

(C) The council shall establish committees to focus on	42507
specific components of the radiation control program established	42508
under this chapter and rules adopted under it. Chairpersons of the	42509
committees shall be appointed by the chairperson of the council	42510
and shall be members of the council. Other members of the	42511
committees shall be appointed by the chairperson of the council	42512
and may include individuals who are not members of the council.	42513

The membership and responsibilities of each committee	42514
established under this division shall be subject to the approval	42515
of the director. Members of the committees shall be reimbursed for	42516
actual expenses incurred in the performance of their official	42517
duties.	42518

Committee reports shall be presented to the council at each	42519
regular meeting of the council.	42520

Sec. 3749.02. The ~~public~~director of health ~~council~~ shall,	42521
subject to Chapter 119. of the Revised Code, adopt rules of	42522
general application throughout the state governing the issuance of	42523
licenses, approval of plans, layout, construction, sanitation,	42524
safety, and operation of public swimming pools, public spas, and	42525
special use pools. Such rules shall not be applied to the	42526
construction, erection, or manufacture of any building to which	42527
section 3781.06 of the Revised Code is applicable when the	42528
building or structure is either integral to or appurtenant to a	42529
public swimming pool, a public spa, or a special use pool.	42530

Sec. 3749.03. (A) No person shall construct or install, or	42531
renovate or otherwise substantially alter, a public swimming pool,	42532
public spa, or ~~special-use~~special use pool after September 10,	42533
1987, until the plans for the pool or spa have been submitted to	42534
and approved by the director of health. Within thirty days of	42535
receipt of the plans, the director shall approve or disapprove	42536
them. The plans and approval required under this division do not	42537
apply to repairs or ordinary maintenance that does not	42538
substantially affect the manner of water recirculation or basic	42539
design of the public swimming pool, public spa, or ~~special-use~~	42540
special use pool.	42541

Any person aggrieved by the director's disapproval of plans	42542
under this division may, within thirty days following receipt of	42543
the director's notice of disapproval, request a hearing on the	42544
matter. The hearing shall be held in accordance with Chapter 119.	42545
of the Revised Code and may be appealed in the manner provided in	42546
that chapter.	42547

(B) Prior to the issuance of a license to operate a newly	42548
constructed or altered public swimming pool, public spa, or	42549
~~special-use~~special use pool, the director or a licensor	42550
authorized by the director shall verify that the construction or	42551
alterations are consistent with the plans submitted and approved	42552
under division (A) of this section. The director or licensor	42553
authorized by the director shall have two working days from the	42554
time notification is received that a public swimming pool, public	42555
spa, or ~~special-use~~special use pool is ready for an inspection to	42556
verify the construction or alterations.	42557

(C) ~~The~~(1) Except as provided in division (C)(2) of this	42558
section, the fees for the approval of plans are as follows:	42559

~~(1)~~(a) Five per cent of the total cost of the equipment and	42560
installation not to exceed two hundred seventy-five dollars for a	42561
public swimming pool, public spa, or ~~special-use~~special use pool,	42562
or a combination thereof, that has less than two thousand square	42563
feet of surface area;	42564

~~(2)~~(b) Five per cent of the total cost of the equipment and	42565
installation not to exceed five hundred fifty dollars for a public	42566
swimming pool, public spa, ~~special-use~~special use pool, or a	42567
combination thereof, that has two thousand or more square feet of	42568
surface area.	42569

~~After December 31, 1992, the public health council~~(2) The	42570
director may, by rule adopted in accordance with Chapter 119. of	42571
the Revised Code, increase the fees established by this section.	42572

(D) All plan approval fees shall be paid into the state	42573
treasury to the credit of the general operations fund created by	42574
section 3701.83 of the Revised Code. The fees shall be	42575
administered by the director and shall be used solely for the	42576
administration and enforcement of this chapter and the rules	42577
adopted thereunder.	42578

(E) Plan approvals issued under this section shall not	42579
constitute an exemption from the land use and building	42580
requirements of the political subdivision in which the public	42581
swimming pool, public spa, or ~~special-use~~special use pool is or	42582
is to be located.	42583

Sec. 3749.04. (A) No person shall operate or maintain a	42584
public swimming pool, public spa, or ~~special-use~~special use pool	42585
without a license issued by the licensor having jurisdiction.	42586

(B) Every person who intends to operate or maintain an	42587
existing public swimming pool, public spa, or ~~special-use~~special	42588
use pool shall, during the month of April of each year, apply to	42589
the licensor having jurisdiction for a license to operate the pool	42590
or spa. Any person proposing to operate or maintain a new or	42591
otherwise unlicensed public swimming pool, public spa, or	42592
~~special-use~~special use pool shall apply to the licensor having	42593
jurisdiction at least thirty days prior to the intended start of	42594
operation of the pool or spa. Within thirty days of receipt of an	42595
application for licensure of a public swimming pool, public spa,	42596
or ~~special-use~~special use pool, the licensor shall process the	42597
application and either issue a license or otherwise respond to the	42598
applicant regarding the application.	42599

(C) Each license issued shall be effective from the date of	42600
issuance until the last day of May of the following year.	42601

(D) Each licensor administering and enforcing sections	42602
3749.01 to 3749.09 of the Revised Code and the rules adopted	42603
thereunder may establish licensing and inspection fees in	42604
accordance with section 3709.09 of the Revised Code, which shall	42605
not exceed the cost of licensing and inspecting public swimming	42606
pools, public spas, and ~~special-use~~special use pools.	42607

(E) Except as provided in division (F) of this section and in	42608
division (B) of section 3749.07 of the Revised Code, all license	42609
fees collected by a licensor shall be deposited into a swimming	42610
pool fund, which is hereby created in each health district. The	42611
fees shall be used by the licensor solely for the purpose of	42612
administering and enforcing this chapter and the rules adopted	42613
under this chapter.	42614

(F) An annual license fee established under division (D) of	42615
this section shall include any additional amount determined by	42616
rule of the ~~public~~director of health ~~council~~, which the board of	42617
health shall collect and transmit to the director ~~of health~~	42618
pursuant to section 3709.092 of the Revised Code. The amounts	42619
collected under this division shall be administered by the	42620
director of health and shall be used solely for the administration	42621
and enforcement of this chapter and the rules adopted under this	42622
chapter.	42623

Sec. 3752.06. (A) Unless the owner or operator of a	42624
reporting facility has submitted to the director of environmental	42625
protection in connection with the facility a notice of the	42626
temporary discontinuation of all regulated operations at the	42627
facility in compliance with division (A)(1) of section 3752.09 of	42628
the Revised Code, has submitted an application for a waiver in	42629
compliance with or been issued a waiver under division (A) of	42630
section 3752.10 of the Revised Code, or, pursuant to division (B)	42631
of this section, has been granted an extension of time for	42632
compliance with divisions (A)(4) to (6) of this section, and	42633
except as provided in division (C) of this section, the owner or	42634
operator, not later than ninety days after the cessation of all	42635
regulated operations at the facility, shall do all of the	42636
following:	42637

(1) Submit to the director a copy of the most recent	42638
emergency and hazardous chemical inventory form for the facility	42639
submitted to the emergency response commission in accordance with	42640
section 3750.08 of the Revised Code accompanied by a statement	42641
indicating whether any asbestos-containing materials are present	42642
at the facility;	42643

(2) Submit to the director a copy of the current hazardous	42644
chemical list, or of each of the material safety data sheets, that	42645
the owner or operator is required to have on file with the	42646
commission under section 3750.07 of the Revised Code in connection	42647
with the facility;	42648

(3) Submit to the director a list of every stationary tank,	42649
vat, electrical transformer, and vessel of any type that contains	42650
or is contaminated with regulated substances and that is to remain	42651
at the facility; a precise description of the location of each;	42652
and an identification of the regulated substances that are in or	42653
contaminate each;	42654

(4) Drain or remove all regulated substances from each	42655
stationary vat, tank, electrical transformer, and vessel, and from	42656
all piping, that is to remain at the facility and do any or a	42657
combination of the following:	42658

(a) Transfer the regulated substances to another facility	42659
owned or operated by the owner or operator. If any regulated	42660
substances are transferred to another facility of the owner or	42661
operator located within this state, they shall be transferred to a	42662
facility that is operating. If any regulated substances are	42663
transferred to another facility of the owner or operator located	42664
outside this state, they shall be transferred in compliance with	42665
the applicable laws governing the receiving facility of the state	42666
in which the receiving facility is located.	42667

(b) Lawfully transfer ownership of the regulated substances	42668
to another person through sale or otherwise;	42669

(c) Cause the regulated substances to be transported off the	42670
premises of the facility and managed in compliance with the	42671
applicable provisions of Chapter 3734. of the Revised Code and	42672
rules adopted under that chapter; the "Toxic Substances Control	42673
Act," 90 Stat. 2003 (1976), 15 U.S.C.A. 2601, as amended, and	42674
regulations adopted under it; or the "Resource Conservation and	42675
Recovery Act of 1976," 90 Stat. 2806, 42 U.S.C.A. 6921, as	42676
amended, and regulations adopted under it; or, if transported out	42677
of state, to be managed in compliance with the waste management	42678
laws of the state to which the regulated substances are	42679
transported.	42680

In the case of any regulated substance that also is a	42681
hazardous material identified or listed in regulations adopted	42682
under the "Hazardous Materials Transportation Act," 88 Stat. 2156	42683
(1975), 49 U.S.C.A. 1801, as amended, and that is to be	42684
transported off the premises of the facility, the owner or	42685
operator of the facility shall transport the regulated substance,	42686
or cause it to be transported, in compliance with the applicable	42687
rules adopted under ~~division (A) of section 4919.85, division (E)~~	42688
~~of section 4921.04, division (C) of section 4923.03, or division~~	42689
~~(C) of section 4923.20~~Chapters 4905., 4921., and 4923. of the	42690
Revised Code.	42691

(5) Remove from the facility all debris, nonstationary	42692
equipment and furnishings, nonstationary containers, and motor	42693
vehicles and rolling stock that contain or are contaminated with a	42694
regulated substance and do any or a combination of the following:	42695

(a) Transfer the debris, equipment, furnishings, containers,	42696
and motor vehicles and rolling stock to another facility owned or	42697
operated by the owner or operator. If any such debris, equipment,	42698
furnishings, containers, or motor vehicles and rolling stock is	42699
transferred to another facility of the owner or operator located	42700
in this state, it shall be transferred to a facility that is	42701
operating. If any such debris, equipment, furnishings, containers,	42702
or motor vehicles and rolling stock is transferred to another	42703
facility of the owner or operator located outside this state, it	42704
only shall be transferred in compliance with the applicable laws	42705
governing the receiving facility of the state in which the	42706
receiving facility is located.	42707

(b) Lawfully transfer ownership of the debris, equipment,	42708
furnishings, containers, and motor vehicles and rolling stock to	42709
another person through sale or otherwise;	42710

(c) Cause the debris, equipment, furnishings, and containers	42711
to be transported off the premises of the facility and managed in	42712
compliance with the applicable provisions of Chapter 3734. of the	42713
Revised Code and rules adopted under that chapter; the "Toxic	42714
Substances Control Act," 90 Stat. 2003 (1976), 15 U.S.C.A. 2601,	42715
as amended, and regulations adopted under it; or the "Resource	42716
Conservation and Recovery Act of 1976," 90 Stat. 2806, 42 U.S.C.A.	42717
6921, as amended, and regulations adopted under it; or, if	42718
transported out of state, to be managed in compliance with the	42719
waste management laws of the state to which the debris, equipment,	42720
furnishings, and containers are transported.	42721

(6) Make a written certification to the director that the	42722
actions required by divisions (A)(4) and (5) of this section have	42723
been completed in compliance with those divisions and any	42724
applicable rules adopted under section 3752.03 of the Revised	42725
Code. The certification shall be made on a form prescribed by the	42726
director and, in addition to the information required in division	42727
(A) of this section, shall include, without limitation, the	42728
owner's or operator's name and the address of the owner's or	42729
operator's principal office.	42730

(B) Upon the written request of the owner or operator of a	42731
facility who is subject to division (A) of this section, the	42732
director, at ~~his~~the director's discretion, may extend the length	42733
of time required for compliance with divisions (A)(4) to (6) of	42734
this section for any period of time the director considers	42735
reasonable and necessary if the director finds from the request	42736
that either of the following applies:	42737

(1) The inability of the owner or operator to complete the	42738
required actions within the time prescribed in that division is	42739
due to circumstances that are temporary in nature and are beyond	42740
the control of the owner or operator;	42741

(2) The owner or operator, exercising reasonable diligence,	42742
is unable to complete the required actions within the time	42743
prescribed in that division due to facility size, operational	42744
complexity, or other such relevant factors.	42745

Upon making a decision on a request submitted under division	42746
(B) of this section, the director shall mail notice of ~~his~~the	42747
decision to the owner or operator by certified mail, return	42748
receipt requested, and, if the request was approved, notice of the	42749
length of the extension.	42750

(C) An owner or operator of a reporting facility who is	42751
subject to this section is not required to perform the removal	42752
actions required by it or to make the certification required by	42753
division (A)(6) of this section with respect to hazardous waste	42754
stored, treated, or disposed of at the facility, or portion of the	42755
facility, for which the owner holds a valid hazardous waste	42756
facility installation and operation permit or renewal permit	42757
issued under section 3734.05 of the Revised Code or has obtained a	42758
generator identification number pursuant to rules adopted under	42759
section 3734.12 of the Revised Code. Instead, the owner shall	42760
comply with the applicable closure and post-closure care	42761
requirements established in rules adopted under section 3734.12 of	42762
the Revised Code.	42763

(D) No person shall fail to comply with any provision of	42764
division (A) of this section within the time required by that	42765
division and any extension of that time granted under division (B)	42766
of this section, as appropriate.	42767

Sec. 3770.06. (A) There is hereby created the state lottery	42768
gross revenue fund, which shall be in the custody of the treasurer	42769
of state but shall not be part of the state treasury. All gross	42770
revenues received from sales of lottery tickets, fines, fees, and	42771
related proceeds in connection with the statewide lottery and all	42772
gross proceeds from statewide joint lottery games shall be	42773
deposited into the fund. The treasurer of state shall invest any	42774
portion of the fund not needed for immediate use in the same	42775
manner as, and subject to all provisions of law with respect to	42776
the investment of, state funds. The treasurer of state shall	42777
disburse money from the fund on order of the director of the state	42778
lottery commission or the director's designee.	42779

Except for gross proceeds from statewide joint lottery games,	42780
all revenues of the state lottery gross revenue fund that are not	42781
paid to holders of winning lottery tickets, that are not required	42782
to meet short-term prize liabilities, that are not credited to	42783
lottery sales agents in the form of bonuses, commissions, or	42784
reimbursements, that are not paid to financial institutions to	42785
reimburse those institutions for sales agent nonsufficient funds,	42786
and that are collected from sales agents for remittance to	42787
insurers under contract to provide sales agent bonding services	42788
shall be transferred to the state lottery fund, which is hereby	42789
created in the state treasury. In addition, all revenues of the	42790
state lottery gross revenue fund that represent the gross proceeds	42791
from the statewide joint lottery games and that are not paid to	42792
holders of winning lottery tickets, that are not required to meet	42793
short-term prize liabilities, that are not credited to lottery	42794
sales agents in the form of bonuses, commissions, or	42795
reimbursements, and that are not necessary to cover operating	42796
expenses associated with those games or to otherwise comply with	42797
the agreements signed by the governor that the director enters	42798
into under division (J) of section 3770.02 of the Revised Code or	42799
the rules the commission adopts under division (B)(5) of section	42800
3770.03 of the Revised Code shall be transferred to the state	42801
lottery fund. All investment earnings of the fund shall be	42802
credited to the fund. Moneys shall be disbursed from the fund	42803
pursuant to vouchers approved by the director. Total disbursements	42804
for monetary prize awards to holders of winning lottery tickets in	42805
connection with the statewide lottery and purchases of goods and	42806
services awarded as prizes to holders of winning lottery tickets	42807
shall be of an amount equal to at least fifty per cent of the	42808
total revenue accruing from the sale of lottery tickets.	42809

(B) Pursuant to Section 6 of Article XV, Ohio Constitution,	42810
there is hereby established in the state treasury the lottery	42811
profits education fund. Whenever, in the judgment of the director	42812
of ~~budget and management~~the state lottery commission, the amount	42813
to the credit of the state lottery fund that does not represent	42814
proceeds from statewide joint lottery games is in excess of that	42815
needed to meet the maturing obligations of the commission and as	42816
working capital for its further operations, the director of the	42817
state lottery commission shall recommend the amount of the excess	42818
to be transferred to the lottery profits education fund, and the	42819
director of budget and management may transfer the excess to the	42820
lottery profits education fund in connection with the statewide	42821
lottery. In addition, whenever, in the judgment of the director of	42822
~~budget and management~~the state lottery commission, the amount to	42823
the credit of the state lottery fund that represents proceeds from	42824
statewide joint lottery games equals the entire net proceeds of	42825
those games as described in division (B)(5) of section 3770.03 of	42826
the Revised Code and the rules adopted under that division, the	42827
director of the state lottery commission shall recommend the	42828
amount of the proceeds to be transferred to the lottery profits	42829
education fund, and the director of budget and management may	42830
transfer those proceeds to the lottery profits education fund.	42831
~~There shall also be credited to the fund any repayments of moneys~~	42832
~~loaned from the educational excellence investment fund.~~ Investment	42833
earnings of the lottery profits education fund shall be credited	42834
to the fund.	42835

The lottery profits education fund shall be used solely for	42836
the support of elementary, secondary, vocational, and special	42837
education programs as determined in appropriations made by the	42838
general assembly, or as provided in applicable bond proceedings	42839
for the payment of debt service on obligations issued to pay costs	42840
of capital facilities, including those for a system of common	42841
schools throughout the state pursuant to section 2n of Article	42842
VIII, Ohio Constitution. When determining the availability of	42843
money in the lottery profits education fund, the director of	42844
budget and management may consider all balances and estimated	42845
revenues of the fund.	42846

(C) There is hereby established in the state treasury the	42847
deferred prizes trust fund. With the approval of the director of	42848
budget and management, an amount sufficient to fund annuity prizes	42849
shall be transferred from the state lottery fund and credited to	42850
the trust fund. The treasurer of state shall credit all earnings	42851
arising from investments purchased under this division to the	42852
trust fund. Within sixty days after the end of each fiscal year,	42853
the treasurer of state shall certify to the director of budget and	42854
management whether the actuarial amount of the trust fund is	42855
sufficient over the fund's life for continued funding of all	42856
remaining deferred prize liabilities as of the last day of the	42857
fiscal year just ended. Also, within that sixty days, the director	42858
of budget and management shall certify the amount of investment	42859
earnings necessary to have been credited to the trust fund during	42860
the fiscal year just ending to provide for such continued funding	42861
of deferred prizes. Any earnings credited in excess of the latter	42862
certified amount shall be transferred to the lottery profits	42863
education fund.	42864

To provide all or a part of the amounts necessary to fund	42865
deferred prizes awarded by the commission in connection with the	42866
statewide lottery, the treasurer of state, in consultation with	42867
the commission, may invest moneys contained in the deferred prizes	42868
trust fund which represents proceeds from the statewide lottery in	42869
obligations of the type permitted for the investment of state	42870
funds but whose maturities are thirty years or less.	42871
Notwithstanding the requirements of any other section of the	42872
Revised Code, to provide all or part of the amounts necessary to	42873
fund deferred prizes awarded by the commission in connection with	42874
statewide joint lottery games, the treasurer of state, in	42875
consultation with the commission, may invest moneys in the trust	42876
fund which represent proceeds derived from the statewide joint	42877
lottery games in accordance with the rules the commission adopts	42878
under division (B)(5) of section 3770.03 of the Revised Code.	42879
Investments of the trust fund are not subject to the provisions of	42880
division (A)(10) of section 135.143 of the Revised Code limiting	42881
to twenty-five per cent the amount of the state's total average	42882
portfolio that may be invested in debt interests and limiting to	42883
one-half of one per cent the amount that may be invested in debt	42884
interests of a single issuer.	42885

All purchases made under this division shall be effected on a	42886
delivery versus payment method and shall be in the custody of the	42887
treasurer of state.	42888

The treasurer of state may retain an investment advisor, if	42889
necessary. The commission shall pay any costs incurred by the	42890
treasurer of state in retaining an investment advisor.	42891

(D) The auditor of state shall conduct annual audits of all	42892
funds and any other audits as the auditor of state or the general	42893
assembly considers necessary. The auditor of state may examine all	42894
records, files, and other documents of the commission, and records	42895
of lottery sales agents that pertain to their activities as	42896
agents, for purposes of conducting authorized audits.	42897

The state lottery commission shall establish an internal	42898
audit program before the beginning of each fiscal year, subject to	42899
the approval of the auditor of state. At the end of each fiscal	42900
year, the commission shall prepare and submit an annual report to	42901
the auditor of state for the auditor of state's review and	42902
approval, specifying the internal audit work completed by the end	42903
of that fiscal year and reporting on compliance with the annual	42904
internal audit program. The form and content of the report shall	42905
be prescribed by the auditor of state under division (C) of	42906
section 117.20 of the Revised Code.	42907

(E) Whenever, in the judgment of the director of budget and	42908
management, an amount of net state lottery proceeds is necessary	42909
to be applied to the payment of debt service on obligations, all	42910
as defined in sections 151.01 and 151.03 of the Revised Code, the	42911
director shall transfer that amount directly from the state	42912
lottery fund or from the lottery profits education fund to the	42913
bond service fund defined in those sections. The provisions of	42914
this division are subject to any prior pledges or obligation of	42915
those amounts to the payment of bond service charges as defined in	42916
division (C) of section 3318.21 of the Revised Code, as referred	42917
to in division (B) of this section.	42918

Sec. 3781.03. (A) The state fire marshal, the fire chief of a	42919
municipal corporation that has a fire department, or the fire	42920
chief of a township that has a fire department shall enforce the	42921
provisions of this chapter and Chapter 3791. of the Revised Code	42922
that relate to fire prevention.	42923

(B) The superintendent of ~~labor~~industrial compliance, or the	42924
building inspector or commissioner of buildings in a municipal	42925
corporation, county, or township in which the building department	42926
is certified by the board of building standards under section	42927
3781.10 of the Revised Code shall enforce in the jurisdiction of	42928
each entity all the provisions in this chapter and Chapter 3791.	42929
of the Revised Code and any rules adopted pursuant to those	42930
chapters that relate to the construction, arrangement, and	42931
erection of all buildings or parts of buildings, as defined in	42932
section 3781.06 of the Revised Code, including the sanitary	42933
condition of those buildings in relation to heating and	42934
ventilation.	42935

(C) The division of ~~labor~~industrial compliance in the	42936
department of commerce, boards of health of health districts,	42937
certified departments of building inspection of municipal	42938
corporations, and county building departments that have authority	42939
to perform inspections pursuant to a contract under division	42940
(C)(1) of section 3703.01 of the Revised Code, subject to Chapter	42941
3703. of the Revised Code, shall enforce this chapter and Chapter	42942
3791. of the Revised Code and the rules adopted pursuant to those	42943
chapters that relate to plumbing. Building drains are considered	42944
plumbing for the purposes of enforcement of those chapters.	42945

(D)(1) In accordance with Chapter 3703. of the Revised Code,	42946
the department of the city engineer, in cities having such	42947
departments, the boards of health of health districts, or the	42948
sewer purveyor, as appropriate, shall have complete authority to	42949
supervise and regulate the entire sewerage and drainage system in	42950
the jurisdiction in which it is exercising the authority described	42951
in this division, including the building sewer and all laterals	42952
draining into the street sewers.	42953

(2) In accordance with Chapter 3703. of the Revised Code, the	42954
department of the city engineer, the boards of health of health	42955
districts, or the sewer purveyor, as appropriate, shall control	42956
and supervise the installation and construction of all drains and	42957
sewers that become a part of the sewerage system and shall issue	42958
all the necessary permits and licenses for the construction and	42959
installation of all building sewers and of all other lateral	42960
drains that empty into the main sewers. The department of the city	42961
engineer, the boards of health of health districts, and the sewer	42962
purveyor, as appropriate, shall keep a permanent record of the	42963
installation and location of every drain and sewer of the drainage	42964
and sewerage system of the jurisdiction in which it has exercised	42965
the authority described in this division.	42966

(E) This section does not exempt any officer or department	42967
from the obligation to enforce this chapter and Chapter 3791. of	42968
the Revised Code.	42969

Sec. 3781.06. (A)(1) Any building that may be used as a	42970
place of resort, assembly, education, entertainment, lodging,	42971
dwelling, trade, manufacture, repair, storage, traffic, or	42972
occupancy by the public, any residential building, and all other	42973
buildings or parts and appurtenances of those buildings erected	42974
within this state, shall be so constructed, erected, equipped, and	42975
maintained that they shall be safe and sanitary for their intended	42976
use and occupancy.	42977

(2) Nothing in sections 3781.06 to 3781.18 and 3791.04 of the	42978
Revised Code shall be construed to limit the power of the ~~public~~	42979
~~health council~~manufactured homes commission to adopt rules of	42980
uniform application governing manufactured home parks pursuant to	42981
section ~~3733.02~~4781.26 of the Revised Code.	42982

(B) Sections 3781.06 to 3781.18 and 3791.04 of the Revised	42983
Code do not apply to either of the following:	42984

(1) Buildings or structures that are incident to the use for	42985
agricultural purposes of the land on which the buildings or	42986
structures are located, provided those buildings or structures are	42987
not used in the business of retail trade. For purposes of this	42988
division, a building or structure is not considered used in the	42989
business of retail trade if fifty per cent or more of the gross	42990
income received from sales of products in the building or	42991
structure by the owner or operator is from sales of products	42992
produced or raised in a normal crop year on farms owned or	42993
operated by the seller.	42994

(2) Existing single-family, two-family, and three-family	42995
detached dwelling houses for which applications have been	42996
submitted to the director of job and family services pursuant to	42997
section 5104.03 of the Revised Code for the purposes of operating	42998
type A family day-care homes as defined in section 5104.01 of the	42999
Revised Code.	43000

(C) As used in sections 3781.06 to 3781.18 and 3791.04 of the	43001
Revised Code:	43002

(1) "Agricultural purposes" include agriculture, farming,	43003
dairying, pasturage, apiculture, horticulture, floriculture,	43004
viticulture, ornamental horticulture, olericulture, pomiculture,	43005
and animal and poultry husbandry.	43006

(2) "Building" means any structure consisting of foundations,	43007
walls, columns, girders, beams, floors, and roof, or a combination	43008
of any number of these parts, with or without other parts or	43009
appurtenances.	43010

(3) "Industrialized unit" means a building unit or assembly	43011
of closed construction fabricated in an off-site facility, that is	43012
substantially self-sufficient as a unit or as part of a greater	43013
structure, and that requires transportation to the site of	43014
intended use. "Industrialized unit" includes units installed on	43015
the site as independent units, as part of a group of units, or	43016
incorporated with standard construction methods to form a	43017
completed structural entity. "Industrialized unit" does not	43018
include a manufactured home as defined by division (C)(4) of this	43019
section or a mobile home as defined by division (O) of section	43020
4501.01 of the Revised Code.	43021

(4) "Manufactured home" means a building unit or assembly of	43022
closed construction that is fabricated in an off-site facility and	43023
constructed in conformance with the federal construction and	43024
safety standards established by the secretary of housing and urban	43025
development pursuant to the "Manufactured Housing Construction and	43026
Safety Standards Act of 1974," 88 Stat. 700, 42 U.S.C.A. 5401,	43027
5403, and that has a permanent label or tag affixed to it, as	43028
specified in 42 U.S.C.A. 5415, certifying compliance with all	43029
applicable federal construction and safety standards.	43030

(5) "Permanent foundation" means permanent masonry, concrete,	43031
or a footing or foundation approved by the manufactured homes	43032
commission pursuant to Chapter 4781. of the Revised Code, to which	43033
a manufactured or mobile home may be affixed.	43034

(6) "Permanently sited manufactured home" means a	43035
manufactured home that meets all of the following criteria:	43036

(a) The structure is affixed to a permanent foundation and is	43037
connected to appropriate facilities;	43038

(b) The structure, excluding any addition, has a width of at	43039
least twenty-two feet at one point, a length of at least	43040
twenty-two feet at one point, and a total living area, excluding	43041
garages, porches, or attachments, of at least nine hundred square	43042
feet;	43043

(c) The structure has a minimum 3:12 residential roof pitch,	43044
conventional residential siding, and a six-inch minimum eave	43045
overhang, including appropriate guttering;	43046

(d) The structure was manufactured after January 1, 1995;

43047

(e) The structure is not located in a manufactured home park	43048
as defined by section ~~3733.01~~4781.01 of the Revised Code.	43049

(7) "Safe," with respect to a building, means it is free from	43050
danger or hazard to the life, safety, health, or welfare of	43051
persons occupying or frequenting it, or of the public and from	43052
danger of settlement, movement, disintegration, or collapse,	43053
whether such danger arises from the methods or materials of its	43054
construction or from equipment installed therein, for the purpose	43055
of lighting, heating, the transmission or utilization of electric	43056
current, or from its location or otherwise.	43057

(8) "Sanitary," with respect to a building, means it is free	43058
from danger or hazard to the health of persons occupying or	43059
frequenting it or to that of the public, if such danger arises	43060
from the method or materials of its construction or from any	43061
equipment installed therein, for the purpose of lighting, heating,	43062
ventilating, or plumbing.	43063

(9) "Residential building" means a one-family, two-family, or	43064
three-family dwelling house, and any accessory structure	43065
incidental to that dwelling house. "Residential building" includes	43066
a one-family, two-family, or three-family dwelling house that is	43067
used as a model to promote the sale of a similar dwelling house.	43068
"Residential building" does not include an industrialized unit as	43069
defined by division (C)(3) of this section, a manufactured home as	43070
defined by division (C)(4) of this section, or a mobile home as	43071
defined by division (O) of section 4501.01 of the Revised Code.	43072

(10) "Nonresidential building" means any building that is not	43073
a residential building or a manufactured or mobile home.	43074

(11) "Accessory structure" means a structure that is attached	43075
to a residential building and serves the principal use of the	43076
residential building. "Accessory structure" includes, but is not	43077
limited to, a garage, porch, or screened-in patio.	43078

Sec. 3781.102. (A) Any county or municipal building	43079
department certified pursuant to division (E) of section 3781.10	43080
of the Revised Code as of September 14, 1970, and that, as of that	43081
date, was inspecting single-family, two-family, and three-family	43082
residences, and any township building department certified	43083
pursuant to division (E) of section 3781.10 of the Revised Code,	43084
is hereby declared to be certified to inspect single-family,	43085
two-family, and three-family residences containing industrialized	43086
units, and shall inspect the buildings or classes of buildings	43087
subject to division (E) of section 3781.10 of the Revised Code.	43088

(B) Each board of county commissioners may adopt, by	43089
resolution, rules establishing standards and providing for the	43090
licensing of electrical and heating, ventilating, and air	43091
conditioning contractors who are not required to hold a valid and	43092
unexpired license pursuant to Chapter 4740. of the Revised Code.	43093

Rules adopted by a board of county commissioners pursuant to	43094
this division may be enforced within the unincorporated areas of	43095
the county and within any municipal corporation where the	43096
legislative authority of the municipal corporation has contracted	43097
with the board for the enforcement of the county rules within the	43098
municipal corporation pursuant to section 307.15 of the Revised	43099
Code. The rules shall not conflict with rules adopted by the board	43100
of building standards pursuant to section 3781.10 of the Revised	43101
Code or by the department of commerce pursuant to Chapter 3703. of	43102
the Revised Code. This division does not impair or restrict the	43103
power of municipal corporations under Section 3 of Article XVIII,	43104
Ohio Constitution, to adopt rules concerning the erection,	43105
construction, repair, alteration, and maintenance of buildings and	43106
structures or of establishing standards and providing for the	43107
licensing of specialty contractors pursuant to section 715.27 of	43108
the Revised Code.	43109

A board of county commissioners, pursuant to this division,	43110
may require all electrical contractors and heating, ventilating,	43111
and air conditioning contractors, other than those who hold a	43112
valid and unexpired license issued pursuant to Chapter 4740. of	43113
the Revised Code, to successfully complete an examination, test,	43114
or demonstration of technical skills, and may impose a fee and	43115
additional requirements for a license to engage in their	43116
respective occupations within the jurisdiction of the board's	43117
rules under this division.	43118

(C) No board of county commissioners shall require any	43119
specialty contractor who holds a valid and unexpired license	43120
issued pursuant to Chapter 4740. of the Revised Code to	43121
successfully complete an examination, test, or demonstration of	43122
technical skills in order to engage in the type of contracting for	43123
which the license is held, within the unincorporated areas of the	43124
county and within any municipal corporation whose legislative	43125
authority has contracted with the board for the enforcement of	43126
county regulations within the municipal corporation, pursuant to	43127
section 307.15 of the Revised Code.	43128

(D) A board may impose a fee for registration of a specialty	43129
contractor who holds a valid and unexpired license issued pursuant	43130
to Chapter 4740. of the Revised Code before that specialty	43131
contractor may engage in the type of contracting for which the	43132
license is held within the unincorporated areas of the county and	43133
within any municipal corporation whose legislative authority has	43134
contracted with the board for the enforcement of county	43135
regulations within the municipal corporation, pursuant to section	43136
307.15 of the Revised Code, provided that the fee is the same for	43137
all specialty contractors who wish to engage in that type of	43138
contracting. If a board imposes such a fee, the board immediately	43139
shall permit a specialty contractor who presents proof of holding	43140
a valid and unexpired license and pays the required fee to engage	43141
in the type of contracting for which the license is held within	43142
the unincorporated areas of the county and within any municipal	43143
corporation whose legislative authority has contracted with the	43144
board for the enforcement of county regulations within the	43145
municipal corporation, pursuant to section 307.15 of the Revised	43146
Code.	43147

(E) The political subdivision associated with each municipal,	43148
township, and county building department the board of building	43149
standards certifies pursuant to division (E) of section 3781.10 of	43150
the Revised Code may prescribe fees to be paid by persons,	43151
political subdivisions, or any department, agency, board,	43152
commission, or institution of the state, for the acceptance and	43153
approval of plans and specifications, and for the making of	43154
inspections, pursuant to sections 3781.03 and 3791.04 of the	43155
Revised Code.	43156

(F) Each political subdivision that prescribes fees pursuant	43157
to division (E) of this section shall collect, on behalf of the	43158
board of building standards, fees equal to the following:	43159

(1) Three per cent of the fees the political subdivision	43160
collects in connection with nonresidential buildings;	43161

(2) One per cent of the fees the political subdivision	43162
collects in connection with residential buildings.	43163

(G)(1) The board shall adopt rules, in accordance with	43164
Chapter 119. of the Revised Code, specifying the manner in which	43165
the fee assessed pursuant to division (F) of this section shall be	43166
collected and remitted monthly to the board. The board shall pay	43167
the fees into the state treasury to the credit of the ~~labor~~	43168
industrial compliance operating fund created in section 121.084 of	43169
the Revised Code.	43170

(2) All money credited to the ~~labor~~industrial compliance	43171
operating fund under this division shall be used exclusively for	43172
the following:	43173

(a) Operating costs of the board;

43174

(b) Providing services, including educational programs, for	43175
the building departments that are certified by the board pursuant	43176
to division (E) of section 3781.10 of the Revised Code;	43177

(c) Paying the expenses of the residential construction	43178
advisory committee, including the expenses of committee members as	43179
provided in section 4740.14 of the Revised Code.	43180

(H) A board of county commissioners that adopts rules	43181
providing for the licensing of electrical and heating,	43182
ventilating, and air conditioning contractors, pursuant to	43183
division (B) of this section, may accept, for purposes of	43184
satisfying the requirements of rules adopted under that division,	43185
a valid and unexpired license issued pursuant to Chapter 4740. of	43186
the Revised Code that is held by an electrical or heating,	43187
ventilating, and air conditioning contractor, for the	43188
construction, replacement, maintenance, or repair of one-family,	43189
two-family, or three-family dwelling houses or accessory	43190
structures incidental to those dwelling houses.	43191

(I) A board of county commissioners shall not register a	43192
specialty contractor who is required to hold a license under	43193
Chapter 4740. of the Revised Code but does not hold a valid	43194
license issued under that chapter.	43195

(J) As used in this section, "specialty contractor" means a	43196
heating, ventilating, and air conditioning contractor,	43197
refrigeration contractor, electrical contractor, plumbing	43198
contractor, or hydronics contractor, as those contractors are	43199
described in Chapter 4740. of the Revised Code.	43200

Sec. 3781.11. (A) The rules of the board of building	43201
standards shall:	43202

(1) For nonresidential buildings, provide uniform minimum	43203
standards and requirements, and for residential buildings, provide	43204
standards and requirements that are uniform throughout the state,	43205
for construction and construction materials, including	43206
construction of industrialized units, to make residential and	43207
nonresidential buildings safe and sanitary as defined in section	43208
3781.06 of the Revised Code;	43209

(2) Formulate such standards and requirements, so far as may	43210
be practicable, in terms of performance objectives, so as to make	43211
adequate performance for the use intended the test of	43212
acceptability;	43213

(3) Permit, to the fullest extent feasible, the use of	43214
materials and technical methods, devices, and improvements,	43215
including the use of industrialized units which tend to reduce the	43216
cost of construction and erection without affecting minimum	43217
requirements for the health, safety, and security of the occupants	43218
or users of buildings or industrialized units and without	43219
preferential treatment of types or classes of materials or	43220
products or methods of construction;	43221

(4) Encourage, so far as may be practicable, the	43222
standardization of construction practices, methods, equipment,	43223
material, and techniques, including methods employed to produce	43224
industrialized units;	43225

(5) Not require any alteration or repair of any part of a	43226
school building owned by a chartered nonpublic school or a city,	43227
local, exempted village, or joint vocational school district and	43228
operated in conjunction with any primary or secondary school	43229
program that is not being altered or repaired if all of the	43230
following apply:	43231

(a) The school building meets all of the applicable building	43232
code requirements in existence at the time of the construction of	43233
the building.	43234

(b) The school building otherwise satisfies the requirements	43235
of section 3781.06 of the Revised Code.	43236

(c) The part of the school building altered or repaired	43237
conforms to all rules of the board existing on the date of the	43238
repair or alteration.	43239

(6) Not require any alteration or repair to any part of a	43240
workshop or factory that is not otherwise being altered, repaired,	43241
or added to if all of the following apply:	43242

(a) The workshop or factory otherwise satisfies the	43243
requirements of section 3781.06 of the Revised Code.	43244

(b) The part of the workshop or factory altered, repaired, or	43245
added conforms to all rules of the board existing on the date of	43246
plan approval of the repair, alteration, or addition.	43247

(B) The rules of the board shall supersede and govern any	43248
order, standard, or rule of the division of ~~labor~~industrial	43249
compliance in the department of commerce, division of the state	43250
fire marshal, the department of health, and of counties and	43251
townships, in all cases where such orders, standards, or rules are	43252
in conflict with the rules of the board, except that rules adopted	43253
and orders issued by the state fire marshal pursuant to Chapter	43254
3743. of the Revised Code prevail in the event of a conflict.	43255

(C) The construction, alteration, erection, and repair of	43256
buildings including industrialized units, and the materials and	43257
devices of any kind used in connection with them and the heating	43258
and ventilating of them and the plumbing and electric wiring in	43259
them shall conform to the statutes of this state or the rules	43260
adopted and promulgated by the board, and to provisions of local	43261
ordinances not inconsistent therewith. Any building, structure, or	43262
part thereof, constructed, erected, altered, manufactured, or	43263
repaired not in accordance with the statutes of this state or with	43264
the rules of the board, and any building, structure, or part	43265
thereof in which there is installed, altered, or repaired any	43266
fixture, device, and material, or plumbing, heating, or	43267
ventilating system, or electric wiring not in accordance with such	43268
statutes or rules is a public nuisance.	43269

(D) As used in this section:

43270

(1) "Nonpublic school" means a chartered school for which	43271
minimum standards are prescribed by the state board of education	43272
pursuant to division (D) of section 3301.07 of the Revised Code.	43273

(2) "Workshop or factory" includes manufacturing, mechanical,	43274
electrical, mercantile, art, and laundering establishments,	43275
printing, telegraph, and telephone offices, railroad depots, and	43276
memorial buildings, but does not include hotels and tenement and	43277
apartment houses.	43278

Sec. 3781.112. (A) As used in this section, "secured	43279
facility" means any of the following:	43280

(1) A maternity ~~boardinghouse or lying-in hospital~~unit,	43281
newborn care nursery, or maternity home licensed under ~~section~~	43282
~~3711.02~~Chapter 3711. of the Revised Code;	43283

(2) A pediatric intensive care unit subject to rules adopted	43284
by the director of health pursuant to section 3702.11 of the	43285
Revised Code;	43286

(3) A children's hospital, as defined in section ~~3702.51~~	43287
3727.01 of the Revised Code;	43288

(4) A hospital that is licensed under section 5119.20 of the	43289
Revised Code to receive mentally ill persons;	43290

(5) The portion of a nursing home licensed under section	43291
3721.02 of the Revised Code or in accordance with section 3721.09	43292
of the Revised Code in which specialized care is provided to	43293
residents of the nursing home who have physical or mental	43294
conditions that require a resident to be restricted in the	43295
resident's freedom of movement for the health and safety of the	43296
resident, the staff attending the resident, or the general public.	43297

(B) A secured facility may take reasonable steps in	43298
accordance with rules the board of building standards adopts under	43299
division (A) of section 3781.10 of the Revised Code and in	43300
accordance with the state fire code the fire marshal adopts under	43301
section 3737.82 of the Revised Code, to deny egress to confine and	43302
protect patients or residents of the secured facility who are not	43303
capable of self-preservation. A secured facility that wishes to	43304
deny egress to those patients or residents may use delayed-egress	43305
doors and electronically coded doors to deny egress, on the	43306
condition that those doors are installed and used in accordance	43307
with rules the board of building standards adopts under division	43308
(A) of section 3781.10 of the Revised Code and in accordance with	43309
the state fire code the fire marshal adopts under section 3737.82	43310
of the Revised Code. A secured facility also may install	43311
controlled-egress locks, in compliance with rules the board of	43312
building standards adopts under division (A) section 3781.10 of	43313
the Revised Code and in compliance with the state fire code the	43314
fire marshal adopts under section 3737.82 of the Revised Code, in	43315
areas of the secured facility where patients or residents who have	43316
physical or mental conditions that would endanger the patients or	43317
residents, the staff attending the patients or residents, or the	43318
general public if those patients or residents are not restricted	43319
in their freedom of movement. A secured facility that uses	43320
delayed-egress doors and electronically coded doors,	43321
controlled-egress locks, or both, shall do both of the following:	43322

(1) Provide continuous, twenty-four-hour custodial care to	43323
the patients or residents of the facility;	43324

(2) Establish a system to evacuate patients or residents in	43325
the event of fire or other emergency.	43326

Sec. 3783.05. The board of building standards, in accordance	43327
with Chapters 119., 3781., and 3791. of the Revised Code, shall	43328
adopt, amend, or repeal such rules as may be reasonably necessary	43329
to administer this chapter. All fees collected by the board	43330
pursuant to this chapter shall be paid into the state treasury to	43331
the credit of the ~~labor~~industrial compliance operating fund	43332
created in section 121.084 of the Revised Code.	43333

Sec. 3791.02. No owner, or person having the control as an	43334
officer or member of a board or committee or otherwise of any	43335
opera house, hall, theater, church, schoolhouse, college, academy,	43336
seminary, infirmary, sanitarium, children's home, hospital,	43337
medical institute, asylum, memorial building, armory, assembly	43338
hall, or other building for the assemblage or betterment of people	43339
shall fail to obey any order of the state fire marshal, boards of	43340
health of city and general health districts, the building	43341
inspector or commissioner in cities having a building inspection	43342
department, or the superintendent of ~~labor~~industrial compliance	43343
in the department of commerce under Chapters 3781. and 3791. of	43344
the Revised Code or rules or regulations adopted pursuant thereto.	43345

Whoever violates this section shall be fined not more than	43346
one thousand dollars.	43347

Sec. 3791.04. (A)(1) Before beginning the construction,	43348
erection, or manufacture of any building to which section 3781.06	43349
of the Revised Code applies, including all industrialized units,	43350
the owner of that building, in addition to any other submission	43351
required by law, shall submit plans or drawings, specifications,	43352
and data prepared for the construction, erection, equipment,	43353
alteration, or addition that indicate the portions that have been	43354
approved pursuant to section 3781.12 of the Revised Code and for	43355
which no further approval is required, to the municipal, township,	43356
or county building department having jurisdiction unless one of	43357
the following applies:	43358

(a) If no municipal, township, or county building department	43359
certified for nonresidential buildings pursuant to division (E) of	43360
section 3781.10 of the Revised Code has jurisdiction, the owner	43361
shall make the submissions described in division (A)(1) of this	43362
section to the superintendent of ~~labor~~industrial compliance.	43363

(b) If no certified municipal, township, or county building	43364
department certified for residential buildings pursuant to	43365
division (E) of section 3781.10 of the Revised Code has	43366
jurisdiction, the owner is not required to make the submissions	43367
described in division (A)(1) of this section.	43368

(2)(a) The seal of an architect registered under Chapter	43369
4703. of the Revised Code or an engineer registered under Chapter	43370
4733. of the Revised Code is required for any plans, drawings,	43371
specifications, or data submitted for approval, unless the plans,	43372
drawings, specifications, or data are permitted to be prepared by	43373
persons other than registered architects pursuant to division (C)	43374
or (D) of section 4703.18 of the Revised Code, or by persons other	43375
than registered engineers pursuant to division (C) or (D) of	43376
section 4733.18 of the Revised Code.	43377

(b) No seal is required for any plans, drawings,	43378
specifications, or data submitted for approval for any residential	43379
buildings, as defined in section 3781.06 of the Revised Code, or	43380
erected as industrialized one-, two-, or three-family units or	43381
structures within the meaning of "industrialized unit" as defined	43382
in section 3781.06 of the Revised Code.	43383

(c) No seal is required for approval of the installation of	43384
replacement equipment or systems that are similar in type or	43385
capacity to the equipment or systems being replaced. No seal is	43386
required for approval for any new construction, improvement,	43387
alteration, repair, painting, decorating, or other modification of	43388
any buildings or structures subject to sections 3781.06 to 3781.18	43389
and 3791.04 of the Revised Code if the proposed work does not	43390
involve technical design analysis, as defined by rule adopted by	43391
the board of building standards.	43392

(B) No owner shall proceed with the construction, erection,	43393
alteration, or equipment of any building until the plans or	43394
drawings, specifications, and data have been approved as this	43395
section requires, or the industrialized unit inspected at the	43396
point of origin. No plans or specifications shall be approved or	43397
inspection approval given unless the building represented would,	43398
if constructed, repaired, erected, or equipped, comply with	43399
Chapters 3781. and 3791. of the Revised Code and any rule made	43400
under those chapters.	43401

(C) The approval of plans or drawings and specifications or	43402
data pursuant to this section is invalid if construction,	43403
erection, alteration, or other work upon the building has not	43404
commenced within twelve months of the approval of the plans or	43405
drawings and specifications. One extension shall be granted for an	43406
additional twelve-month period if the owner requests at least ten	43407
days in advance of the expiration of the permit and upon payment	43408
of a fee not to exceed one hundred dollars. If in the course of	43409
construction, work is delayed or suspended for more than six	43410
months, the approval of plans or drawings and specifications or	43411
data is invalid. Two extensions shall be granted for six months	43412
each if the owner requests at least ten days in advance of the	43413
expiration of the permit and upon payment of a fee for each	43414
extension of not more than one hundred dollars. Before any work	43415
may continue on the construction, erection, alteration, or	43416
equipment of any building for which the approval is invalid, the	43417
owner of the building shall resubmit the plans or drawings and	43418
specifications for approval pursuant to this section.	43419

(D) Subject to section 3791.042 of the Revised Code, the	43420
board of building standards or the legislative authority of a	43421
municipal corporation, township, or county, by rule, may regulate	43422
the requirements for the submission of plans and specifications to	43423
the respective enforcing departments and for processing by those	43424
departments. The board of building standards or the legislative	43425
authority of a municipal corporation, township, or county may	43426
adopt rules to provide for the approval, subject to section	43427
3791.042 of the Revised Code, by the department having	43428
jurisdiction of the plans for construction of a foundation or any	43429
other part of a building or structure before the complete plans	43430
and specifications for the entire building or structure are	43431
submitted. When any plans are approved by the department having	43432
jurisdiction, the structure and every particular represented by	43433
and disclosed in those plans shall, in the absence of fraud or a	43434
serious safety or sanitation hazard, be conclusively presumed to	43435
comply with Chapters 3781. and 3791. of the Revised Code and any	43436
rule issued pursuant to those chapters, if constructed, altered,	43437
or repaired in accordance with those plans and any rule in effect	43438
at the time of approval.	43439

(E) The approval of plans and specifications, including	43440
inspection of industrialized units, under this section is a	43441
"license" and the failure to approve plans or specifications as	43442
submitted or to inspect the unit at the point of origin within	43443
thirty days after the plans or specifications are filed or the	43444
request to inspect the industrialized unit is made, the	43445
disapproval of plans and specifications, or the refusal to approve	43446
an industrialized unit following inspection at the point of origin	43447
is "an adjudication order denying the issuance of a license"	43448
requiring an "adjudication hearing" as provided by sections 119.07	43449
to 119.13 of the Revised Code and as modified by sections 3781.031	43450
and 3781.19 of the Revised Code. An adjudication order denying the	43451
issuance of a license shall specify the reasons for that denial.	43452

(F) The board of building standards shall not require the	43453
submission of site preparation plans or plot plans to the division	43454
of ~~labor~~industrial compliance when industrialized units are used	43455
exclusively as one-, two-, or three-family dwellings.	43456

(G) Notwithstanding any procedures the board establishes, if	43457
the agency having jurisdiction objects to any portion of the plans	43458
or specifications, the owner or the owner's representative may	43459
request the agency to issue conditional approval to proceed with	43460
construction up to the point of the objection. Approval shall be	43461
issued only when the objection results from conflicting	43462
interpretations of the rules of the board of building standards	43463
rather than the application of specific technical requirements of	43464
the rules. Approval shall not be issued where the correction of	43465
the objection would cause extensive changes in the building design	43466
or construction. The giving of conditional approval is a	43467
"conditional license" to proceed with construction up to the point	43468
where the construction or materials objected to by the agency are	43469
to be incorporated into the building. No construction shall	43470
proceed beyond that point without the prior approval of the agency	43471
or another agency that conducts an adjudication hearing relative	43472
to the objection. The agency having jurisdiction shall specify its	43473
objections to the plans or specifications, which is an	43474
"adjudication order denying the issuance of a license" and may be	43475
appealed pursuant to sections 119.07 to 119.13 of the Revised Code	43476
and as modified by sections 3781.031 and 3781.19 of the Revised	43477
Code.	43478

(H) A certified municipal, township, or county building	43479
department having jurisdiction, or the superintendent, as	43480
appropriate, shall review any plans, drawings, specifications, or	43481
data described in this section that are submitted to it or to the	43482
superintendent.	43483

(I) No owner or persons having control as an officer, or as a	43484
member of a board or committee, or otherwise, of a building to	43485
which section 3781.06 of the Revised Code is applicable, and no	43486
architect, designer, engineer, builder, contractor, subcontractor,	43487
or any officer or employee of a municipal, township, or county	43488
building department shall violate this section.	43489

(J) Whoever violates this section shall be fined not more	43490
than five hundred dollars.	43491

Sec. 3791.05. No owner, lessee, agent, factor, architect, or	43492
contractor engaged in and having supervision or charge of the	43493
building, erection, or construction of a block, building, or	43494
structure, shall neglect or refuse to place or have placed upon	43495
the joists of each story thereof, as soon as joists are in	43496
position, counter floors of such quality and strength as to render	43497
perfectly safe the going to and from thereon of all mechanics,	43498
laborers, and other persons engaged upon the work of construction	43499
or supervision, or in placing materials for such construction.	43500

Whoever violates this section shall be fined not less than	43501
twenty-five nor more than two hundred dollars.	43502

Each day that such person neglects or refuses to have such	43503
counter floors so placed, after notice is given by a building	43504
inspector, a chief inspector, or deputy inspector of the city	43505
building inspection department in cities where such department is	43506
organized, or by the superintendent of ~~labor~~industrial compliance	43507
of the state, in cities where such departments are not organized,	43508
or from a person whose life or personal safety may be endangered	43509
by such neglect or refusal, is a separate offense.	43510

Sec. 3791.07. (A) The board of building standards may	43511
establish such reasonable inspection fee schedules as it	43512
determines necessary or desirable relating to the inspection of	43513
all plans and specifications submitted for approval to the	43514
division of ~~labor~~industrial compliance, and all industrialized	43515
units inspected at the point of origin and at the construction	43516
site of the building. The inspection fee schedule established	43517
shall bear some reasonable relationship to the cost of	43518
administering and enforcing the provisions of Chapters 3781. and	43519
3791. of the Revised Code.	43520

(B) In addition to the fee assessed in division (A) of this	43521
section, the board shall assess a fee of not more than five	43522
dollars for each application for acceptance and approval of plans	43523
and specifications and for making inspections pursuant to section	43524
3791.04 of the Revised Code. The board shall adopt rules, in	43525
accordance with Chapter 119. of the Revised Code, specifying the	43526
manner by which the superintendent of ~~labor~~industrial compliance	43527
shall collect and remit to the board the fees assessed under this	43528
division and requiring that remittance of the fees be made at	43529
least quarterly.	43530

(C) Any person who fails to pay an inspection fee required	43531
for any inspection conducted by the department of commerce	43532
pursuant to Chapters 3781. and 3791. of the Revised Code, except	43533
for fees charged for the inspection of plans and specifications,	43534
within forty-five days after the inspection is conducted, shall	43535
pay a late payment fee equal to twenty-five per cent of the	43536
inspection fee.	43537

(D) The board shall pay the fees assessed under this section	43538
into the state treasury to the credit of the ~~labor~~industrial	43539
compliance operating fund created in section 121.084 of the	43540
Revised Code.	43541

Sec. 3791.11. (A) As used in this section and sections	43542
3791.12 and 3791.13 of the Revised Code:	43543

(1) "Service station" means any facility designed and	43544
constructed primarily for use in the retail sale of gasoline,	43545
other petroleum products, and related accessories; except that	43546
"service station" does not include any such facility that has been	43547
converted for use for another bona fide business purpose, on and	43548
after the date of commencement of such other use.	43549

(2) "Abandoned service station" means any service station	43550
that has not been used for the retail sale of gasoline, other	43551
petroleum products, and related accessories for a continuous	43552
period of six months, whenever failure to reasonably secure	43553
station buildings from ready access by unauthorized persons and to	43554
reasonably maintain the station's premises has resulted in	43555
conditions that endanger the public health, welfare, safety, or	43556
morals; provided, that such conditions include, but are not	43557
limited to, the presence of defective or deteriorated electrical	43558
wiring, heating apparatus, and gas connections, or of unprotected	43559
gasoline storage tanks, piping, and valves, or any combination of	43560
the foregoing; and provided further that the casual and	43561
intermittent use of a service station for the retail sale of any	43562
item described in division (A)(1) of this section during such	43563
six-month period shall not be held to prevent the station from	43564
being determined an abandoned service station if it meets the	43565
other qualifications of this division.	43566

(B) No person shall construct, renew operation of, or	43567
continue operation of a service station unless, prior to the	43568
commencement of construction or renewed operation and during the	43569
period of continued operation, a valid bond is on file as provided	43570
in division (C) ~~or (D)~~ of this section. The bond shall be obtained	43571
by the owner of the property if hethe owner is also the owner of	43572
the service station. If the owner of the property is not the owner	43573
of the service station, then the bond shall be obtained by the	43574
lessee of the property; except that such lessee shall be other	43575
than any person who leases and operates the service station	43576
pursuant to a contract with a supplier of gasoline and petroleum	43577
products. The bond shall identify and list the name and address of	43578
the property owner and any lessee other than a person who leases	43579
and operates the service station pursuant to a contract with a	43580
supplier of gasoline and petroleum products.	43581

(C) The bond required by division (B) of this section shall	43582
be filed annually with the executive authority of the municipal	43583
corporation in which the service station is, or is to be, located,	43584
or with the clerk of the board of county commissioners if the	43585
service station is not, or is not to be, located within a	43586
municipal corporation. The bond shall either be a cash bond or	43587
have sufficient sureties approved by the executive authority or	43588
clerk with whom it is filed. The bond shall be for a term of one	43589
year and shall be renewed annually. The bond shall be in the	43590
amount of three thousand dollars for each service station to	43591
provide for the repair or removal of the service station and its	43592
appurtenances and restoration of the property. The bond shall be	43593
conditioned upon the repair or removal of the service station and	43594
restoration of the property if the service station is determined	43595
to be an abandoned service station as provided in section 3791.12	43596
of the Revised Code. If the service station is determined to be an	43597
abandoned service station, and division (D) or (F) of section	43598
3791.12 of the Revised Code applies, the bond shall be forfeited	43599
and the proceeds applied to the costs of repair or removal and	43600
restoration as provided in section 3791.13 of the Revised Code. If	43601
the amount of the bond exceeds the costs of repair or removal and	43602
restoration, the excess shall be returned to the depositor.	43603

~~(D) Whenever a property owner or lessee, other than a person~~	43604
~~leasing and operating a service station pursuant to a contract~~	43605
~~with a supplier of gasoline and other petroleum products, owns,~~	43606
~~leases, or is constructing two or more service stations in this~~	43607
~~state, such owner or lessee may deposit with the treasurer of~~	43608
~~state, in lieu of the bond required by division (C) of this~~	43609
~~section, money or a surety bond approved by the treasurer in the~~	43610
~~amount of one hundred fifty thousand dollars, or bonds of the~~	43611
~~United States, this state, or of a political subdivision of this~~	43612
~~state, having a market value, as determined by the treasurer, of~~	43613
~~one hundred fifty thousand dollars. The bond or deposit shall~~	43614
~~cover all service stations owned in the state, being constructed,~~	43615
~~leased, or operated by the depositor and shall be conditioned upon~~	43616
~~the repair or removal of any such station and its appurtenances~~	43617
~~and restoration of the property, if the station is determined to~~	43618
~~be an abandoned service station as provided in section 3791.12 of~~	43619
~~the Revised Code. If any such service station is determined to be~~	43620
~~an abandoned service station, and division (D) or (F) of section~~	43621
~~3791.12 of the Revised Code applies, the portion of the bond or~~	43622
~~deposit required to pay the costs of repair or removal and~~	43623
~~restoration shall be forfeited and paid to the executive authority~~	43624
~~of the municipal corporation or to the board of county~~	43625
~~commissioners of the county, upon request therefor. If the surety~~	43626
~~refuses to pay the costs of repair or removal and restoration to~~	43627
~~the treasurer, the treasurer shall forthwith file an action on the~~	43628
~~bond in the amount certified by the executive authority or board~~	43629
~~as the costs of repair or removal and restoration, and shall pay~~	43630
~~to the executive authority or board the proceeds of any judgment.~~	43631
~~A bond or deposit shall remain valid as long as it is sufficient~~	43632
~~to cover one hundred thousand dollars of liability. If the bond or~~	43633
~~deposit is reduced to a lesser amount, it shall be invalid unless~~	43634
~~sufficient additional bond or deposit is provided to restore the~~	43635
~~amount of liability covered to one hundred fifty thousand dollars.~~	43636

Sec. 3791.12. (A) The executive authority of each municipal	43637
corporation and the board of county commissioners of each county	43638
shall designate a suitable person to make inspections, within	43639
their respective territorial jurisdictions, of any service	43640
stations that are, or appear to be, no longer in use for the	43641
purposes described in division (A)(1) of section 3791.11 of the	43642
Revised Code, or for any other bona fide business purpose.	43643
Inspections of service stations under this section shall be made	43644
at the order of the executive authority or board, or upon the	43645
complaint of any person claiming to be adversely affected by the	43646
condition of a service station. Any inspector designated under	43647
this section shall have the right to enter upon and inspect any	43648
service station that is, or appears to be, no longer in use as	43649
described in this section. No inspector, while in the lawful	43650
pursuit of ~~his~~official duties for such purpose, shall be subject	43651
to arrest for trespass while so engaged or for such cause	43652
thereafter.	43653

(B) Whenever an inspector, upon inspecting a service station	43654
as provided in this section, has reasonable cause to believe that	43655
it qualifies as an abandoned service station, hethe inspector	43656
shall prepare a written report of the condition of the station's	43657
buildings and premises. The report shall be filed immediately with	43658
the executive authority or board. Upon receipt of the report, the	43659
executive authority or board shall fix a place and time, not less	43660
than thirty days nor more than sixty days after receipt of the	43661
report, for a hearing to determine whether the service station is	43662
an abandoned service station. The executive authority or board	43663
shall send written notice of the place and date of the hearing,	43664
together with a copy of the inspector's report and information	43665
that the service station may be ordered repaired or removed if	43666
determined to be abandoned, to all persons listed in the bond	43667
filed under division (C) ~~or (D)~~ of section 3791.11 of the Revised	43668
Code, and to all persons listed in the records of the county	43669
recorder or county clerk of courts as holding a lien on the	43670
affected property. Such notice shall be sent by certified mail to	43671
the address shown on such records.	43672

(C) In hearing the matter and deciding the issue, the	43673
executive authority or board shall consider the testimony of any	43674
persons appearing pursuant to the notice, or their authorized	43675
representatives, the testimony of any witnesses appearing on	43676
behalf of such persons, the inspector's report or testimony, or	43677
both, and any other evidence pertinent to the matter. If the	43678
executive authority or board thereupon determines that the service	43679
station is an abandoned service station in such condition as to	43680
constitute a danger to the public health, welfare, safety, or	43681
morals, it shall order the satisfactory repair, or removal, of the	43682
service station and its appurtenances, and restoration of the	43683
property, within such period of time, not less than thirty days,	43684
as the executive authority or board thereupon determines	43685
reasonable. Notice of the findings and order shall be sent to all	43686
persons required to be notified by division (B) of this section in	43687
the same manner as provided in that division.	43688

(D) If an abandoned service station is not satisfactorily	43689
repaired or removed within the period of time provided in an order	43690
made under division (C) of this section, the municipal corporation	43691
or county may enter the land and complete the repair, if repair	43692
was ordered, or remove the service station and its appurtenances,	43693
if removal was ordered, and restore the property.	43694

(E) Any person aggrieved by an order of an executive	43695
authority or board made under division (C) of this section, may	43696
appeal as provided in Chapter 2506. of the Revised Code within	43697
thirty days of the mailing of notice of the order.	43698

(F) In the event that no persons notified as provided in	43699
division (B) of this section, or their authorized representatives,	43700
appear at the hearing, respond to an order of the executive	43701
authority or board, or appeal within thirty days of the mailing of	43702
notice of the order as provided in division (E) of this section,	43703
the municipal corporation or county may proceed as provided in	43704
division (D) of this section.	43705

Sec. 3793.04. The department of alcohol and drug addiction	43706
services shall develop, administer, and revise as necessary a	43707
comprehensive statewide alcohol and drug addiction services plan	43708
for the implementation of this chapter. The plan shall emphasize	43709
abstinence from the use of alcohol and drugs of abuse as the	43710
primary goal of alcohol and drug addiction services. The council	43711
on alcohol ~~and~~, drug, and gambling addiction services shall advise	43712
the department in the development and implementation of the plan.	43713

The plan shall provide for the allocation and distribution of	43714
funds appropriated to the department by the general assembly for	43715
services furnished by alcohol and drug addiction programs under	43716
contract with boards of alcohol, drug addiction, and mental health	43717
services. The department shall exclude from the allocation and	43718
distribution any funds that are transferred to the department of	43719
job and family services to pay the nonfederal share of alcohol and	43720
drug addiction services covered by the medicaid program.	43721

The plan shall specify the methodology that the department	43722
will use for determining how the funds will be allocated and	43723
distributed. A portion of the funds shall be allocated on the	43724
basis of the ratio of the population of each alcohol, drug	43725
addiction, and mental health service district to the total	43726
population of the state as determined from the most recent federal	43727
census or the most recent official estimate made by the United	43728
States census bureau.	43729

The plan shall ensure that alcohol and drug addiction	43730
services of a high quality are accessible to, and responsive to	43731
the needs of, all persons, especially those who are members of	43732
underserved groups, including, but not limited to, African	43733
Americans, Hispanics, native Americans, Asians, juvenile and adult	43734
offenders, women, veterans, and persons with special services	43735
needs due to age or disability. The plan shall include a program	43736
to promote and protect the rights of those who receive services.	43737

To aid in formulating the plan and in evaluating the	43738
effectiveness and results of alcohol and drug addiction services,	43739
the department, in consultation with the department of mental	43740
health, shall establish and maintain an information system or	43741
systems. The department of alcohol and drug addiction services	43742
shall specify the information that must be provided by boards of	43743
alcohol, drug addiction, and mental health services and by alcohol	43744
and drug addiction programs for inclusion in the system. The	43745
department shall not collect any personal information from the	43746
boards except as required or permitted by state or federal law for	43747
purposes related to payment, health care operations, program and	43748
service evaluation, reporting activities, research, system	43749
administration, and oversight.	43750

In consultation with boards, programs, and persons receiving	43751
services, the department shall establish guidelines for the use of	43752
funds allocated and distributed under this section and for the	43753
boards' development of plans for services required by sections	43754
340.033 and 3793.05 of the Revised Code.	43755

In any fiscal year, the department shall spend, or allocate	43756
to boards, for methadone maintenance programs or any similar	43757
programs not more than eight per cent of the total amount	43758
appropriated to the department for the fiscal year.	43759

Sec. 3793.041. The department of alcohol and drug addiction	43760
services shall develop, administer, and revise as necessary a	43761
comprehensive statewide gambling addiction services plan. The	43762
council on alcohol, drug, and gambling addiction services shall	43763
advise the department in the development and implementation of the	43764
plan.	43765

The plan shall provide for allocation and distribution of	43766
funds from the problem casino gambling and addictions fund	43767
described in Section 6(C)(3)(g) of Article XV, Ohio Constitution,	43768
and any funding to be distributed by the department for problem	43769
gambling.	43770

The plan shall specify the methodology that the department	43771
will use for determining how the funds will be allocated and	43772
distributed. A portion of the funds shall be allocated on the	43773
basis of the ratio of the population of each alcohol, drug	43774
addiction, and mental health service district to the total	43775
population of the state as determined from the most recent federal	43776
census or the most recent official estimate made by the United	43777
States census bureau.	43778

The plan shall ensure that gambling addiction services of a	43779
high quality are accessible to, and responsive to the needs of,	43780
all persons, especially those who are members of underserved	43781
groups, including, but not limited to, African Americans,	43782
Hispanics, native Americans, Asians, juvenile and adult offenders,	43783
women, veterans, and persons with special services needs due to	43784
age or disability. The plan shall include a program to promote and	43785
protect the rights of those who receive services.	43786

To aid in formulating the plan and in evaluating the	43787
effectiveness and results of gambling addiction services, the	43788
department, in consultation with the department of mental health,	43789
shall establish and maintain an information system or systems. The	43790
department of alcohol and drug addiction services shall specify	43791
the information that must be provided by boards of alcohol, drug	43792
addiction, and mental health services and by gambling addiction	43793
programs for inclusion in the system. The department shall not	43794
collect any personal information from the boards except as	43795
required or permitted by state or federal law for purposes related	43796
to payment, health care operations, program and service	43797
evaluation, reporting activities, research, system administration,	43798
and oversight.	43799

In consultation with boards, programs, and persons receiving	43800
services, the department shall establish guidelines for the use of	43801
funds allocated and distributed under this section.	43802

Sec. 3793.09. (A) There is hereby created the council on	43803
alcohol ~~and~~, drug, and gambling addiction services which shall	43804
consist of the public officials specified in division (B) of this	43805
section, or their designees, and ~~thirteen~~fourteen members	43806
appointed by the governor with the advice and consent of the	43807
senate. The members appointed by the governor shall be	43808
representatives of the following: boards of alcohol, drug	43809
addiction, and mental health services; the criminal and juvenile	43810
justice systems; ~~and~~ alcohol and drug addiction programs; and	43811
gambling addiction programs. At least four of the appointed	43812
members shall be persons who have received or are receiving	43813
alcohol or drug addiction services or are parents or other	43814
relatives of such persons; of these at least two shall be women	43815
and at least one shall be a member of a minority ~~group.~~	43816

~~The governor shall make initial appointments to the council~~	43817
~~not later than thirty days after October 10, 1989. Of the initial~~	43818
~~appointments, six shall be for terms ending July 31, 1991, and~~	43819
~~seven shall be for terms ending July 31, 1992. Thereafter, terms~~	43820
group. At least one appointed member shall be an individual who	43821
has received or is receiving gambling addiction services.	43822

Terms of office shall be two years, with each term ending on	43823
the same day of the same month as the term it succeeds. Each	43824
member shall hold office from the date of the member's appointment	43825
until the end of the term for which the member was appointed.	43826
Members may be reappointed. Vacancies shall be filled in the same	43827
manner as original appointments. Any member appointed to fill a	43828
vacancy occurring prior to the expiration of the term for which	43829
the member's predecessor was appointed shall hold office as a	43830
member for the remainder of the term. A member shall continue in	43831
office subsequent to the expiration of the member's term until the	43832
member's successor takes office or until a period of sixty days	43833
has elapsed, whichever occurs first.	43834

(B) The directors of health, public safety, mental health,	43835
rehabilitation and correction, and youth services; the	43836
superintendents of public instruction and liquor control; the	43837
attorney general; the adjutant general; ~~and~~ the executive director	43838
of the division of criminal justice services in the department of	43839
public safety; the executive director of the casino control	43840
commission; the executive director of the lottery commission; and	43841
the executive director of the state racing commission shall be	43842
voting members of the council, except that any of these officials	43843
may designate an individual to serve in the official's place as a	43844
voting member of the council. The director of alcohol and drug	43845
addiction services shall serve as a nonvoting member of the	43846
council.	43847

(C) The governor shall annually appoint a chairperson from	43848
among the members of the council. The council shall meet quarterly	43849
and at other times the chairperson considers necessary. In	43850
addition to other duties specified in this chapter, the council	43851
shall review the development of the comprehensive statewide plan	43852
for alcohol and drug addiction services, the comprehensive	43853
statewide plan for gambling addiction services, revisions of ~~the~~	43854
~~plan~~those plans, and other actions taken to implement the	43855
purposes of this chapter by the department of alcohol and drug	43856
addiction services and shall act as an advisory council to the	43857
director of alcohol and drug addiction services.	43858

(D) Members of the council shall serve without compensation,	43859
but shall be paid actual and necessary expenses incurred in the	43860
performance of their duties.	43861

Sec. 3798.01. As used in this chapter:

43862

(A) "Approved health information exchange" means a health	43863
information exchange that has been approved or reapproved by the	43864
director of job and family services pursuant to the approval or	43865
reapproval process, as applicable, the director establishes in	43866
rules adopted under division (A) of section 3798.15 of the Revised	43867
Code or that has been certified by the office of the national	43868
coordinator for health information technology in the United States	43869
department of health and human services.	43870

(B) "Covered entity," "disclosure," "health care provider,"	43871
"health information," "individually identifiable health	43872
information," "protected health information," and "use" have the	43873
same meanings as in 45 C.F.R. 160.103.	43874

(C) "Designated record set" has the same meaning as in 45	43875
C.F.R. 164.501.	43876

(D) "Direct exchange" means the activity of electronic	43877
transmission of health information through a direct connection	43878
between the electronic record systems of health care providers	43879
without the use of a health information exchange.	43880

(E) "Health care component" and "hybrid entity" have the same	43881
meanings as in 45 C.F.R. 164.103.	43882

(F) "Health information exchange" means any person or	43883
governmental entity that provides in this state a technical	43884
infrastructure to connect computer systems or other electronic	43885
devices used by covered entities to facilitate the secure	43886
transmission of health information. "Health information exchange"	43887
excludes health care providers engaged in direct exchange,	43888
including direct exchange through the use of a health information	43889
service provider.	43890

(G) "HIPAA privacy rule" means the standards for privacy of	43891
individually identifiable health information in 45 C.F.R. part 160	43892
and in 45 C.F.R. part 164, subparts A and E.	43893

(H) "Interoperability" means the capacity of two or more	43894
information systems to exchange information in an accurate,	43895
effective, secure, and consistent manner.	43896

(I) "Minor" means an unemancipated person under eighteen	43897
years of age or a mentally or physically disabled person under	43898
twenty-one years of age who meets criteria specified in rules	43899
adopted by the director of job and family services under section	43900
3798.13 of the Revised Code.	43901

(J) "More stringent" has the same meaning as in 45 C.F.R.	43902
160.202.	43903

(K) "Office of health transformation" means the office of	43904
health transformation created by executive order 2011-02K or a	43905
successor governmental entity responsible for health system	43906
oversight in this state.	43907

(L) "Personal representative" means a person who has	43908
authority under applicable law to make decisions related to health	43909
care on behalf of an adult or emancipated minor, or the parent,	43910
legal guardian, or other person acting in loco parentis who is	43911
authorized under law to make health care decisions on behalf of an	43912
unemancipated minor. "Personal representative" does not include	43913
the parent or legal guardian of, or another person acting in loco	43914
parentis to, a minor who consents to the minor's own receipt of	43915
health care or a minor who makes medical decisions on the minor's	43916
own behalf pursuant to law, court approval, or because the minor's	43917
parent, legal guardian, or other person acting in loco parentis	43918
has assented to an agreement of confidentiality between the	43919
provider and the minor.	43920

(M) "Political subdivision" means a municipal corporation,	43921
township, county, school district, or other body corporate and	43922
politic responsible for governmental activities in a geographic	43923
area smaller than that of the state.	43924

(N) "State agency" means any one or more of the following:

43925

(1) The department of aging;

43926

(2) The department of alcohol and drug addiction services;

43927

(3) The department of developmental disabilities;

43928

(4) The department of education;

43929

(5) The department of health;

43930

(6) The department of insurance;

43931

(7) The department of job and family services;

43932

(8) The department of mental health;

43933

(9) The department of rehabilitation and correction;

43934

(10) The department of youth services;

43935

(11) The bureau of workers' compensation;

43936

(12) The rehabilitation services commission;

43937

(13) The office of the attorney general;

43938

(14) A health care licensing board created under Title XLVII	43939
of the Revised Code that possesses individually identifiable	43940
health information.	43941

Sec. 3798.02. It is the intent of the general assembly in	43942
enacting this chapter to make the laws of this state governing the	43943
use and disclosure of protected health information by covered	43944
entities consistent with, but generally not more stringent than,	43945
the HIPAA privacy rule for the purpose of eliminating barriers to	43946
the adoption and use of electronic health records and health	43947
information exchanges. Therefore, it is also the general	43948
assembly's intent in enacting this chapter to supersede any	43949
judicial or administrative ruling issued in this state that is	43950
inconsistent with the provisions of this chapter.	43951

Sec. 3798.03. (A) Subject to division (B) of this section, a	43952
covered entity shall do both of the following:	43953

(1) If an individual's protected health information is	43954
maintained by the covered entity in a designated record set,	43955
provide the individual or the individual's personal representative	43956
with access to that information in a manner consistent with 45	43957
C.F.R. 164.524;	43958

(2) Implement and maintain appropriate administrative,	43959
technical, and physical safeguards to protect the privacy of	43960
protected health information in a manner consistent with 45 C.F.R.	43961
164.530(c).	43962

(B) If a covered entity is a hybrid entity, this section	43963
applies only to the health care component of the covered entity.	43964

Sec. 3798.04. A covered entity shall not do either of the	43965
following:	43966

(A) Use or disclose protected health information without an	43967
authorization that is valid under 45 C.F.R. 164.508 and, if	43968
applicable, 42 C.F.R. part 2, except when the use or disclosure is	43969
required or permitted without such authorization by Subchapter C	43970
of Subtitle A of Title 45 of the Code of Federal Regulations and,	43971
if applicable, 42 C.F.R. part 2;	43972

(B) Use or disclose protected health information in a manner	43973
that is not consistent with 45 C.F.R. 164.502.	43974

Sec. 3798.06. Except in the circumstances described in	43975
division (A) of section 3798.04 of the Revised Code when a covered	43976
entity is permitted to disclose protected health information	43977
without an authorization that is valid under 45 C.F.R. 164.508, a	43978
covered entity shall not disclose protected health information to	43979
a health information exchange without an authorization described	43980
in division (A) of section 3798.04 of the Revised Code unless all	43981
of the following are true:	43982

(A) The disclosure is to an approved health information	43983
exchange.	43984

(B) The covered entity is a party to a valid participation	43985
agreement with the approved health information exchange that meets	43986
the requirements of rules adopted under section 3798.16 of the	43987
Revised Code.	43988

(C) The disclosure is consistent with all procedures	43989
established by the approved health information exchange.	43990

(D) Prior to the disclosure, the covered entity furnishes to	43991
the individual or individual's personal representative a written	43992
notice that complies with rules adopted under division (A)(3) of	43993
section 3798.16 of the Revised Code.	43994

Sec. 3798.07. (A) In addition to being subject to the general	43995
prohibition in section 3798.06 of the Revised Code on disclosure	43996
of protected health information to a health information exchange	43997
without a valid authorization, a covered entity shall also be	43998
subject to the following conditions when it discloses protected	43999
health information to a health information exchange:	44000

(1) The covered entity shall restrict disclosure consistent	44001
with all applicable federal laws governing the disclosure;	44002

(2) If the protected health information concerns a minor, the	44003
covered entity shall restrict disclosure in a manner that complies	44004
with laws of this state pertaining to the circumstances under	44005
which a minor may consent to the minor's own receipt of health	44006
care or make medical decisions on the minor's own behalf,	44007
including sections 2907.29, 3709.241, 3719.012, 5120.172, 5122.04,	44008
and 5126.043 of the Revised Code unless the minor authorizes the	44009
disclosure.	44010

(3) The covered entity shall restrict disclosure in a manner	44011
that is consistent with a written request from the individual or	44012
the individual's personal representative to restrict disclosure of	44013
all of the individual's protected health information.	44014

(4) The covered entity shall restrict disclosure in a manner	44015
that is consistent with a written request from the individual or	44016
the individual's personal representative concerning specific	44017
categories of protected health information to the extent that	44018
rules adopted pursuant to section 3798.16 of the Revised Code	44019
require the covered entity to comply with such a request.	44020

(B) The conditions in division (A) of this section on a	44021
covered entity's disclosure of protected health information to a	44022
health information exchange do not render unenforceable or	44023
restrict in any manner any of the following:	44024

(1) A provision of the Revised Code that on the effective	44025
date of this section requires a person or governmental entity to	44026
disclose protected health information to a state agency, political	44027
subdivision, or other governmental entity;	44028

(2) The confidential status of proceedings and records within	44029
the scope of a peer review committee of a health care entity as	44030
described in section 2305.252 of the Revised Code;	44031

(3) The confidential status of quality assurance program	44032
activities and quality assurance records as described in section	44033
5122.32 of the Revised Code;	44034

(4) The testimonial privilege established by division (B) of	44035
section 2317.02 of the Revised Code;	44036

(5) Any of the following items that govern the	44037
confidentiality, privacy, security, or privileged status of	44038
protected health information in the possession or custody of an	44039
agency; govern the process for obtaining from a patient consent to	44040
the provision of health care or consent for participation in	44041
medical or other scientific research; govern the process for	44042
determining whether an adult has a physical or mental impairment	44043
or an adult's capacity to make health care decisions for purposes	44044
of Chapter 5126. of the Revised Code; or govern the process for	44045
determining whether a minor has been emancipated:	44046

(a) A section of the Revised Code that is not in this	44047
chapter;	44048

(b) A rule as defined in section 119.01 of the Revised Code;

44049

(c) An internal management rule as defined in section 111.15	44050
of the Revised Code;	44051

(d) Guidance issued by an agency;

44052

(e) Orders or regulations of a board of health of a city	44053
health district made under section 3709.20 of the Revised Code;	44054

(f) Orders or regulations of a board of health of a general	44055
health district made under section 3709.21 of the Revised Code;	44056

(g) An ordinance or resolution adopted by a political	44057
subdivision;	44058

(h) A professional code of ethics;

44059

(i) When a minor is authorized to consent to the minor's own	44060
receipt of health care or make medical decisions on the minor's	44061
own behalf, including the circumstances described in sections	44062
2907.29, 3709.241, 3719.012, 5120.172, 5122.04, and 5126.043 of	44063
the Revised Code.	44064

Sec. 3798.08. (A) A covered entity that uses or discloses	44065
protected health information in a manner that complies with	44066
sections 3798.03 and 3798.07 of the Revised Code and is not in	44067
violation of section 3798.04 or 3798.06 of the Revised Code is not	44068
liable in a civil action and is not subject to criminal	44069
prosecution or professional disciplinary action arising out of or	44070
relating to the access or disclosure.	44071

(B) An approved health information exchange is not liable in	44072
a civil action and not subject to criminal prosecution arising out	44073
of or relating to a covered entity's disclosure of protected	44074
health information to the approved health information exchange, or	44075
use of protected health information accessed from the approved	44076
health information exchange, if the disclosure or use complies	44077
with sections 3798.03 and 3798.07 of the Revised Code and is not	44078
in violation of section 3798.04 or 3798.06 of the Revised Code.	44079

Sec. 3798.10. (A) Not later than six months after the	44080
effective date of this section, the director of job and family	44081
services, in consultation with the office of health	44082
transformation, shall prescribe by rules adopted in accordance	44083
with Chapter 119. of the Revised Code a standard authorization	44084
form for the use and disclosure of protected health information by	44085
covered entities in this state. The form shall meet all	44086
requirements specified in 45 C.F.R. 164.508 and, where applicable,	44087
42 C.F.R. part 2.	44088

(B) If a form the director prescribes under division (A) of	44089
this section is properly executed by an individual or the	44090
individual's personal representative, it shall be accepted by any	44091
person or governmental entity in this state as valid authorization	44092
for the use or disclosure of the individual's protected health	44093
information to the persons or governmental entities specified in	44094
the form.	44095

(C) This section does not preclude a person or governmental	44096
entity from accepting as valid authorization for the use or	44097
disclosure of protected health information a form other than the	44098
form prescribed under division (A) of this section if the other	44099
form meets all requirements specified in 45 C.F.R. 164.508 and, if	44100
applicable, 42 C.F.R. part 2.	44101

Sec. 3798.12. As used in this section, "agency" has the same	44102
meaning as in section 111.15 of the Revised Code.	44103

(A) Except as provided in division (B) of this section, any	44104
of the following pertaining to the confidentiality, privacy,	44105
security, or privileged status of protected health information	44106
transacted, maintained in, or accessed through a health	44107
information exchange is unenforceable if it conflicts with this	44108
chapter:	44109

(1) A section of the Revised Code that is not in this	44110
chapter;	44111

(2) A rule as defined in section 119.01 of the Revised Code;

44112

(3) An internal management rule as defined in section 111.15	44113
of the Revised Code;	44114

(4) Guidance issued by an agency;

44115

(5) Orders or regulations of a board of health of a city	44116
health district made under section 3709.20 of the Revised Code;	44117

(6) Orders or regulations of a board of health of a general	44118
health district made under section 3709.21 of the Revised Code;	44119

(7) An ordinance or resolution adopted by a political	44120
subdivision;	44121

(8) A professional code of ethics.

44122

(B) Division (A) of this section does not render	44123
unenforceable or restrict in any manner any of the following:	44124

(1) A provision of the Revised Code that on the effective	44125
date of this section requires a person or governmental entity to	44126
disclose protected health information to a state agency, political	44127
subdivision, or other governmental entity;	44128

(2) The confidential status of proceedings and records within	44129
the scope of a peer review committee of a health care entity as	44130
described in section 2305.252 of the Revised Code;	44131

(3) The confidential status of quality assurance program	44132
activities and quality assurance records as described in section	44133
5122.32 of the Revised Code;	44134

(4) The testimonial privilege established by division (B) of	44135
section 2317.02 of the Revised Code;	44136

(5) An item described in divisions (A)(1) to (8) of this	44137
section that governs any of the following:	44138

(a) The confidentiality, privacy, security, or privileged	44139
status of protected health information in the possession or	44140
custody of an agency;	44141

(b) The process for obtaining from a patient consent to the	44142
provision of health care or consent for participation in medical	44143
or other scientific research;	44144

(c) The process for determining whether an adult has a	44145
physical or mental impairment or an adult's capacity to make	44146
health care decisions for purposes of Chapter 5126. of the Revised	44147
Code;	44148

(d) The process for determining whether a minor has been	44149
emancipated.	44150

(6) When a minor is authorized to consent to the minor's own	44151
receipt of health care or make medical decisions on the minor's	44152
own behalf, including the circumstances described in sections	44153
2907.29, 3709.241, 3719.012, 5120.172, 5122.04, and 5126.043 of	44154
the Revised Code.	44155

Sec. 3798.13. The director of job and family services shall	44156
adopt rules for purposes of specifying the criteria a person who	44157
is mentally or physically disabled and who is under twenty-one	44158
years of age must meet to be considered a minor for purposes of	44159
sections 3798.07 and 3798.12 of the Revised Code.	44160

Sec. 3798.14. (A) The director of job and family services, in	44161
consultation with the office of health transformation, shall adopt	44162
rules in accordance with Chapter 119. of the Revised Code for the	44163
purpose of establishing standards the director must use to approve	44164
health information exchanges operating in this state. The rules	44165
shall not be adopted until the earlier of sixty days following the	44166
adoption of a federal certification process for health information	44167
exchanges by the office of the national coordinator for health	44168
information technology in the United States department of health	44169
and human services or January 1, 2013. Subject to division (B) of	44170
this section, the rules may include standards and procedures to be	44171
followed by a health information exchange regarding the following:	44172

(1) Access to and use and disclosure of protected health	44173
information maintained by or on an approved health information	44174
exchange;	44175

(2) Demonstration of adequate financial resources to sustain	44176
continued operations in compliance with the rules adopted under	44177
this section;	44178

(3) Participation in outreach activities for individuals and	44179
covered entities;	44180

(4) Conduct of operations in a transparent manner to promote	44181
consumer confidence;	44182

(5) Implementation of security breach notification	44183
procedures.	44184

(B) The rules the director adopts pursuant to division (A) of	44185
this section shall be consistent with certification standards for	44186
health information exchanges established in federal statutes and	44187
regulations, including nationally recognized standards for	44188
interoperability.	44189

Sec. 3798.15. (A) The director of job and family services,	44190
in consultation with the office of health transformation, shall	44191
adopt rules in accordance with Chapter 119. of the Revised Code	44192
for the purpose of establishing processes for all of the	44193
following:	44194

(1) A health information exchange to obtain approval to	44195
operate as an approved health information exchange in this state	44196
and, at times specified by the director, obtain reapproval of such	44197
status;	44198

(2) The director to investigate and resolve concerns and	44199
complaints submitted to the director regarding an approved health	44200
information exchange;	44201

(3) A health information exchange to apply for	44202
reconsideration of a decision the director makes under a process	44203
established under division (A)(1) or (2) of this section;	44204

(4) Covered entities and approved health information	44205
exchanges to enter into participation agreements and enforce the	44206
terms of such agreements.	44207

(B) Any decision the director makes in relation to a request	44208
for reconsideration made in accordance with rules adopted under	44209
division (A)(3) of this section is not subject to appeal under	44210
Chapter 119. of the Revised Code.	44211

Sec. 3798.16. (A) The director of job and family services,	44212
in consultation with the office of health transformation, shall	44213
adopt rules in accordance with Chapter 119. of the Revised Code	44214
for the purpose of specifying the content of agreements governing	44215
covered entities' participation in approved health information	44216
exchanges. At a minimum, the rules shall require the content of	44217
such participation agreements to include all of the following:	44218

(1) Procedures for a covered entity to disclose an	44219
individual's protected health information to an approved health	44220
information exchange;	44221

(2) Procedures for a covered entity to access an individual's	44222
protected health information from an approved health information	44223
exchange;	44224

(3) Subject to division (B) of this section, a written notice	44225
to be provided by a covered entity to an individual or the	44226
individual's personal representative prior to the covered entity's	44227
disclosure of the individual's protected health information to an	44228
approved health information exchange;	44229

(4) Documentation the covered entity must use to verify that	44230
a notice described in division (A)(3) of this section has been	44231
provided by the covered entity to an individual or the	44232
individual's personal representative prior to the disclosure of	44233
the individual's protected health information to an approved	44234
health information exchange;	44235

(5) Procedures, which must take into consideration the	44236
technical capabilities of software available to health information	44237
exchanges, for an individual or the individual's personal	44238
representative to submit to the covered entity a written request	44239
to place restrictions on the covered entity's disclosure of	44240
protected health information to the approved health information	44241
exchange;	44242

(6) The standards a covered entity must use to determine	44243
whether, and to what extent, to comply with a written request	44244
described in division (A)(5) of this section;	44245

(7) The purposes for which a covered entity may access and	44246
use protected health information from the approved health	44247
information exchange.	44248

(B) With respect to the written notice described in division	44249
(A)(3) of this section, the rules may specify that the notice can	44250
be incorporated into the covered entity's notice of privacy	44251
practices required by 45 C.F.R. 164.520 and shall specify that the	44252
notice include the following statements:	44253

(1) The individual's protected health information will be	44254
disclosed to the approved health information exchange to	44255
facilitate the provision of health care to the individual.	44256

(2) The approved health information exchange maintains	44257
appropriate safeguards to protect the privacy and security of	44258
protected health information.	44259

(3) Only authorized individuals may access and use protected	44260
health information from the approved health information exchange.	44261

(4) The individual or the individual's personal	44262
representative has the right to request in writing that the	44263
covered entity do either or both of the following:	44264

(a) Not disclose any of the individual's protected health	44265
information to the approved health information exchange;	44266

(b) Not disclose specific categories of the individual's	44267
protected health information to the approved health information	44268
exchange.	44269

(5) Any restrictions on the disclosure of protected health	44270
information an individual requests as described in either division	44271
(B)(4)(a) or (b) of this section may result in a health care	44272
provider not having access to information that is necessary for	44273
the provider to render appropriate care to the individual.	44274

(6) Any restrictions on the disclosure of protected health	44275
information an individual requests as described in division	44276
(B)(4)(a) of this section must be honored by the covered entity.	44277

(7) Any restrictions on the disclosure of protected health	44278
information an individual requests as described in division	44279
(B)(4)(b) of this section must be honored if the restriction is	44280
consistent with rules adopted under this chapter.	44281

Sec. 3905.36. (A) Every insured association, company,	44282
corporation, or other person that enters, directly or indirectly,	44283
into any independent procurement or direct placement agreement	44284
with any insurance company, association, individual, firm,	44285
underwriter, or Lloyd's, not authorized to do business in this	44286
state, whereby the insured shall procure, continue, or renew	44287
contracts of insurance with such unauthorized insurance company,	44288
association, individual, firm, underwriter, or Lloyd's, for which	44289
insurance there is a gross premium, shall file the details of the	44290
transaction annually, on or before the thirty-first day of March,	44291
and shall at the same time pay to the treasurer of state, or to	44292
the superintendent of insurance upon the mutual agreement of the	44293
superintendent and the treasurer, a tax of five per cent of such	44294
gross premium, after a deduction for return premium, if any, as	44295
calculated in the prescribed format or in compliance with any	44296
requirements of the compact entered into by the superintendent	44297
pursuant to division (D) of section 3905.33 of the Revised Code.	44298
An insurer may submit the required details of the transaction and	44299
remit the tax payment on behalf of an insured.	44300

All taxes collected under this section shall be paid into the	44301
general revenue fund. If the tax is not paid when due, the tax	44302
shall be increased by a penalty of twenty-five per cent. An	44303
interest charge computed as set forth in section 5725.221 of the	44304
Revised Code shall be made on the entire sum of the tax plus	44305
penalty, which interest shall be computed from the date the tax is	44306
due until it is paid. For purposes of this section, payment is	44307
considered made when it is received by the treasurer or the	44308
superintendent, irrespective of any United States postal service	44309
marking or other stamp or mark indicating the date on which the	44310
payment may have been mailed.	44311

The superintendent of insurance, in the superintendent's sole	44312
discretion, may waive the twenty-five per cent penalty and	44313
interest charge thereon for a first-time, inadvertent nonpayment	44314
of the tax when due if the nonpayment is reported immediately upon	44315
discovery and the outstanding tax is thereafter immediately paid	44316
to the superintendent.	44317

(B) Each person licensed under section 3905.30 of the Revised	44318
Code shall pay to the treasurer of state, or to the superintendent	44319
of insurance upon the mutual agreement of the superintendent and	44320
the treasurer, on or before the thirty-first day of March of each	44321
year, five per cent of the balance of the gross premiums charged	44322
for insurance placed or procured under the license after a	44323
deduction for return premiums in the prescribed format or in	44324
compliance with any requirements of the compact entered into by	44325
the superintendent pursuant to division (D) of section 3905.33 of	44326
the Revised Code. The tax shall be collected from the insured by	44327
the surplus lines broker who placed or procured the policy of	44328
insurance at the time the policy is delivered to the insured. No	44329
license issued under section 3905.30 of the Revised Code shall be	44330
renewed until payment is made. If the tax is not paid when due,	44331
the tax shall be increased by a penalty of twenty-five per cent.	44332
An interest charge computed as set forth in section 5725.221 of	44333
the Revised Code shall be made on the entire sum of the tax plus	44334
penalty, which interest shall be computed from the date the tax is	44335
due until it is paid. For purposes of this section, payment is	44336
considered made when it is received by the treasurer or the	44337
superintendent, irrespective of any United States postal service	44338
marking or other stamp or mark indicating the date on which the	44339
payment may have been mailed.	44340

The superintendent, in the superintendent's sole discretion,	44341
may waive the twenty-five per cent penalty and interest charge	44342
thereon for a first-time, inadvertent nonpayment of the tax when	44343
due if the nonpayment is reported immediately upon discovery and	44344
the outstanding tax is thereafter immediately paid to the	44345
superintendent.	44346

44347

(1) An insured otherwise exempt from the payment of premium	44348
or franchise taxes under state or federal law;	44349

(2) Attorneys-at-law acting on behalf of their clients in the	44350
adjustment of claims or losses;	44351

(3) Transactions involving policies issued by a captive	44352
insurer. For this purpose, a "captive insurer" means any of the	44353
following:	44354

(a) An insurer owned by one or more individuals or	44355
organizations, whose exclusive purpose is to insure risks of one	44356
or more of the parent organizations or individual owners and risks	44357
of one or more affiliates of the parent organizations or	44358
individual owners;	44359

(b) In the case of groups and associations, insurers owned by	44360
the group or association whose exclusive purpose is to insure	44361
risks of members of the group or association and affiliates of the	44362
members;	44363

(c) Other types of insurers, licensed and operated in	44364
accordance with the captive insurance laws of their jurisdictions	44365
of domicile and operated in a manner so as to self-insure risks of	44366
their owners and insureds.	44367

(4) Professional or medical liability insurance procured by a	44368
hospital organized under Chapter 3701. of the Revised Code;	44369

(5) Insurance with an initial policy period of more than	44370
three years and that is procured to cover known events related to	44371
environmental remediation that occurred prior to the effective	44372
date of that insurance;	44373

(6) Insurance procured on behalf of an entity that	44374
manufactures, packages, and sells, as more than fifty per cent of	44375
the entity's business, pharmaceutical products for human use where	44376
the production, packaging, and sale of such products are subject	44377
to regulation by an agency of the United States;	44378

(7) A political subdivision or any combination or consortium	44379
of two or more political subdivisions.	44380

(D) As used in this section:

44381

(1) "Political subdivision" means any county; municipal	44382
corporation; township; township police district; township fire	44383
district; joint fire district; joint ambulance district; joint	44384
emergency medical services district; fire and ambulance district;	44385
joint recreation district; township waste disposal district;	44386
township road district; community college district; technical	44387
college district; detention facility district; a district	44388
organized under section 2151.65 of the Revised Code; a combined	44389
district organized under sections 2151.65 and 2152.41 of the	44390
Revised Code; a joint-county alcohol, drug addiction, and mental	44391
health service district; a drainage improvement district created	44392
under section 6131.52 of the Revised Code; a union cemetery	44393
district; a county school financing district; a city, local,	44394
exempted village, cooperative education, or joint vocational	44395
school district; or a regional student education district created	44396
under section 3313.83 of the Revised Code, any public division,	44397
district, commission, authority, department, board, officer, or	44398
institution of any one or more of those political subdivisions,	44399
that is entirely or substantially supported by public tax moneys.	44400

(2) "Municipal corporation" means all municipal corporations,	44401
including those that have adopted a charter under Article XVIII,	44402
Ohio Constitution.	44403

Sec. 4104.01. As used in sections 4104.01 to 4104.20 and	44404
section 4104.99 of the Revised Code:	44405

(A) "Board of building standards" or "board" means the board	44406
established by section 3781.07 of the Revised Code.	44407

(B) "Superintendent" means the superintendent of ~~labor~~	44408
industrial compliance created by section 121.04 of the Revised	44409
Code.	44410

(C) "Boiler" means a closed vessel in which water is heated,	44411
steam is generated, steam is superheated, or any combination	44412
thereof, under pressure or vacuum for use externally to itself by	44413
the direct application of heat from the combustion of fuels, or	44414
from electricity or nuclear energy. "Boiler" includes fired units	44415
for heating or vaporizing liquids other than water where these	44416
units are separate from processing systems and are complete within	44417
themselves.	44418

(D) "Power boiler" means a boiler in which steam or other	44419
vapor (to be used externally to itself) is generated at a pressure	44420
of more than fifteen psig.	44421

(E) "High pressure, high temperature water boiler" means a	44422
water heating boiler operating at pressures exceeding one hundred	44423
sixty psig or temperatures exceeding two hundred fifty degrees	44424
Fahrenheit.	44425

(F) "Low pressure boiler" means a steam boiler operating at	44426
pressures not exceeding fifteen psig, or a hot water heating	44427
boiler operating at pressures not exceeding one hundred sixty psig	44428
or temperatures not exceeding two hundred fifty degrees	44429
Fahrenheit.	44430

(G) "Pressure vessel" means a container for the containment	44431
of pressure, either internal or external. This pressure may be	44432
obtained from an external source or by the application of heat	44433
from a direct or indirect source or any combination thereof.	44434

(H) "Process boiler" means a boiler to which all of the	44435
following apply:	44436

(1) The steam in the boiler is either generated or	44437
superheated, or both, under pressure or vacuum for use external to	44438
itself.	44439

(2) The source of heat for the boiler is in part or in whole	44440
from a process other than the boiler itself.	44441

(3) The boiler is part of a continuous processing unit, such	44442
as used in chemical manufacture or petroleum refining, other than	44443
a steam-generated process unit.	44444

(I) "Stationary steam engine" means an engine or turbine in	44445
which the mechanical force arising from the elasticity and	44446
expansion action of steam or from its property of rapid	44447
condensation or from a combination of the two is made available as	44448
a motive power.	44449

Sec. 4104.02. The board of building standards shall:

44450

(A) Formulate rules for the construction, installation,	44451
repair, conservation of energy, and operation of boilers and the	44452
construction and repair of pressure vessels and for ascertaining	44453
the safe working pressures to be carried on such boilers and	44454
pressure vessels and the qualification of inspectors of boilers	44455
and pressure vessels;	44456

(B) Prescribe tests, if it is considered necessary, to	44457
ascertain the qualities of materials used in the construction of	44458
boilers and pressure vessels;	44459

(C) Adopt rules regulating the construction and sizes of	44460
safety valves for boilers and pressure vessels of different sizes	44461
and pressures, for the construction, use, and location of fusible	44462
plugs, appliances for indicating the pressure of steam and level	44463
of water in the boiler or pressure vessels, and such other	44464
appliances as the board considers necessary to safety in operating	44465
boilers;	44466

(D) Establish reasonable fees for the performance of reviews,	44467
surveys, or audits of manufacturer's facilities by the division of	44468
~~labor~~industrial compliance for certification by the American	44469
society of mechanical engineers and the national board of boiler	44470
and pressure vessel inspectors;	44471

(E) The definitions and rules adopted by the board for the	44472
construction, installation, repair, conservation of energy, and	44473
operation of boilers and the construction and repair of pressure	44474
vessels and for ascertaining the safe working pressures to be used	44475
on such boilers and pressure vessels shall be based upon and	44476
follow generally accepted engineering standards, formulae, and	44477
practices established and pertaining to boilers and pressure	44478
vessel construction, operation, and safety, and the board may, for	44479
this purpose, adopt existing published standards as well as	44480
amendments thereto subsequently published by the same authority.	44481

When a person desires to manufacture a special type of boiler	44482
or pressure vessel, the design of which is not covered by the	44483
rules of the board, the person shall submit drawings and	44484
specifications of such boiler or pressure vessel to the board for	44485
investigation, after which the board may permit its installation.	44486

The provisions of sections 119.03 and 119.11 of the Revised	44487
Code in particular, and the applicable provisions of Chapter 119.	44488
of the Revised Code in general, shall govern the proceedings of	44489
the board of building standards in adopting, amending, or	44490
rescinding rules pursuant to this section.	44491

Sec. 4104.06. (A) The inspection of boilers and their	44492
appurtenances and pressure vessels shall be made by the inspectors	44493
mentioned in sections 4104.07 to 4104.20 of the Revised Code. The	44494
superintendent of ~~labor~~industrial compliance shall administer and	44495
enforce such sections and rules adopted by the board of building	44496
standards pursuant to section 4104.02 of the Revised Code.	44497

(B) The superintendent shall adopt, amend, and repeal rules	44498
exclusively for the issuance, renewal, suspension, and revocation	44499
of certificates of competency and certificates of operation, for	44500
conducting hearings in accordance with Chapter 119. of the Revised	44501
Code related to these actions, and for the inspection of boilers	44502
and their appurtenances, and pressure vessels.	44503

(C) Notwithstanding division (B) of this section, the	44504
superintendent shall not adopt rules relating to construction,	44505
maintenance, or repair of boilers and their appurtenances, or	44506
repair of pressure vessels.	44507

(D) The superintendent and each general inspector may enter	44508
any premises and any building or room at all reasonable hours to	44509
perform an examination or inspection.	44510

Sec. 4104.07. (A) An application for examination as an	44511
inspector of boilers and pressure vessels shall be in writing,	44512
accompanied by a fee of one hundred fifty dollars, upon a blank to	44513
be furnished by the superintendent of ~~labor~~industrial compliance.	44514
Any moneys collected under this section shall be paid into the	44515
state treasury to the credit of the ~~labor~~industrial compliance	44516
operating fund created in section 121.084 of the Revised Code.	44517

(B) The superintendent shall determine if an applicant meets	44518
all the requirements for examination in accordance with rules	44519
adopted by the board of building standards under section 4104.02	44520
of the Revised Code. An application shall be rejected which	44521
contains any willful falsification, or untruthful statements.	44522

(C) An applicant shall be examined by the superintendent, by	44523
a written examination, prescribed by the board, dealing with the	44524
construction, installation, operation, maintenance, and repair of	44525
boilers and pressure vessels and their appurtenances, and the	44526
applicant shall be accepted or rejected on the merits of the	44527
applicant's application and examination.	44528

(D) Upon a favorable report by the superintendent of the	44529
result of an examination, the superintendent shall immediately	44530
issue to the successful applicant a certificate of competency to	44531
that effect.	44532

Sec. 4104.08. (A) The director of commerce may appoint from	44533
the holders of certificates of competency provided for in section	44534
4104.07 of the Revised Code, general inspectors of boilers and	44535
pressure vessels.	44536

(B) Any company authorized to insure boilers and pressure	44537
vessels against explosion in this state may designate from holders	44538
of certificates of competency issued by the superintendent of	44539
~~labor~~industrial compliance, or holders of certificates of	44540
competency or commissions issued by other states or nations whose	44541
examinations for certificates or commissions have been approved by	44542
the board of building standards, persons to inspect and stamp	44543
boilers and pressure vessels covered by the company's policies,	44544
and the superintendent shall issue to such persons commissions	44545
authorizing them to act as special inspectors. Special inspectors	44546
shall be compensated by the company designating them.	44547

(C) The director shall establish an annual fee to be charged	44548
by the superintendent for each certificate of competency or	44549
commission the superintendent issues.	44550

(D) The superintendent shall issue to each general or special	44551
inspector a commission to the effect that the holder thereof is	44552
authorized to inspect boilers and pressure vessels in this state.	44553

(E) No person shall be authorized to act as a general	44554
inspector or a special inspector who is directly or indirectly	44555
interested in the manufacture or sale of boilers or pressure	44556
vessels.	44557

Sec. 4104.09. The certificate of competency issued under	44558
section 4104.07 of the Revised Code or the commission provided for	44559
in section 4104.08 of the Revised Code may be revoked by the	44560
superintendent of ~~labor~~industrial compliance for the	44561
incompetence or untrustworthiness of the holder thereof, or for	44562
willful falsification of any matter or statement contained in the	44563
holder's application or in a report of any inspection in	44564
accordance with Chapter 119. of the Revised Code. If a certificate	44565
or commission is lost or destroyed, a new certificate or	44566
commission shall be issued in its place without another	44567
examination.	44568

Sec. 4104.10. All unfired pressure vessels, except unfired	44569
pressure vessels exempt under section 4104.04 of the Revised Code,	44570
shall be thoroughly inspected during fabrication and upon	44571
completion and shall not be operated until a copy of the	44572
manufacturers' data report, properly executed and signed by the	44573
inspector is filed in the office of the superintendent of ~~labor~~	44574
industrial compliance. All unfired pressure vessels shall conform	44575
in every detail with applicable rules adopted by the board of	44576
building standards pursuant to section 4104.02 of the Revised	44577
Code.	44578

Sec. 4104.101. (A) No person shall install or make major	44579
repairs or modifications to any boiler without first registering	44580
to do so with the division of ~~labor~~industrial compliance.	44581

(B) No person shall make any installation or major repair or	44582
modification of any boiler without first obtaining a permit to do	44583
so from the division. The permit application form shall provide	44584
the name and address of the owner, location of the boiler, and	44585
type of repair or modification that will be made. The application	44586
permit fee shall be one hundred dollars.	44587

(C) The superintendent of ~~labor~~industrial compliance shall	44588
require annual registration of all contractors who install, make	44589
major repairs to, or modify any boiler. The board of building	44590
standards shall establish a reasonable fee to cover the cost of	44591
processing registrations.	44592

Sec. 4104.12. All boilers, except boilers mentioned in	44593
section 4104.04 of the Revised Code, shall be inspected when	44594
installed and shall not be operated until an appropriate	44595
certificate of operation has been issued by the superintendent of	44596
~~labor~~industrial compliance. The certificate of operation required	44597
by this section shall not be issued for any boiler which has not	44598
been thoroughly inspected during construction and upon completion,	44599
by either a general or special inspector, and which does not	44600
conform in every detail with the rules adopted by the board of	44601
building standards and unless, upon completion, such boiler is	44602
distinctly stamped under such rules by such inspector.	44603

Sec. 4104.15. (A) All certificates of inspection for	44604
boilers, issued prior to October 15, 1965, are valid and effective	44605
for the period set forth in such certificates unless sooner	44606
withdrawn by the superintendent of ~~labor~~industrial compliance.	44607
The owner or user of any such boiler shall obtain an appropriate	44608
certificate of operation for such boiler, and shall not operate	44609
such boiler, or permit it to be operated unless a certificate of	44610
operation has been obtained in accordance with section 4104.17 of	44611
the Revised Code.	44612

(B) If, upon making the internal and external inspection	44613
required under sections 4104.11, 4104.12, and 4104.13 of the	44614
Revised Code, the inspector finds the boiler to be in safe working	44615
order, with the fittings necessary to safety, and properly set up,	44616
upon the inspector's report to the superintendent, the	44617
superintendent shall issue to the owner or user thereof, or renew,	44618
upon application and upon compliance with sections 4104.17 and	44619
4104.18 of the Revised Code, a certificate of operation which	44620
shall state the maximum pressure at which the boiler may be	44621
operated, as ascertained by the rules of the board of building	44622
standards. Such certificates shall also state the name of the	44623
owner or user, the location, size, and number of each boiler, and	44624
the date of issuance, and shall be so placed as to be easily read	44625
in the engine room or boiler room of the plant where the boiler is	44626
located, except that the certificate of operation for a portable	44627
boiler shall be kept on the premises and shall be accessible at	44628
all times.	44629

(C) If an inspector at any inspection finds that the boiler	44630
or pressure vessel is not in safe working condition, or is not	44631
provided with the fittings necessary to safety, or if the fittings	44632
are improperly arranged, the inspector shall immediately notify	44633
the owner or user and person in charge of the boiler and shall	44634
report the same to the superintendent who may revoke, suspend, or	44635
deny the certificate of operation and not renew the same until the	44636
boiler or pressure vessel and its fittings are put in condition to	44637
insure safety of operation, and the owner or user shall not	44638
operate the boiler or pressure vessel, or permit it to be operated	44639
until such certificate has been granted or restored.	44640

(D) If the superintendent or a general boiler inspector finds	44641
that a pressure vessel or boiler or a part thereof poses an	44642
explosion hazard that reasonably can be regarded as posing an	44643
imminent danger of death or serious physical harm to persons, the	44644
superintendent or the general boiler inspector shall seal the	44645
pressure vessel or boiler and order, in writing, the operator or	44646
owner of the pressure vessel or boiler to immediately cease the	44647
pressure vessel's or boiler's operation. The order shall be	44648
effective until the nonconformities are eliminated, corrected, or	44649
otherwise remedied, or for a period of seventy-two hours from the	44650
time of issuance, whichever occurs first. During the	44651
seventy-two-hour period, the superintendent may request that the	44652
prosecuting attorney or city attorney of Franklin county or of the	44653
county in which the pressure vessel or boiler is located obtain an	44654
injunction restraining the operator or owner of the pressure	44655
vessel or boiler from continuing its operation after the	44656
seventy-two-hour period expires until the nonconformities are	44657
eliminated, corrected, or otherwise remedied.	44658

(E) Each boiler which has been inspected shall be assigned a	44659
number by the superintendent, which number shall be stamped on a	44660
nonferrous metal tag affixed to the boiler or its fittings by seal	44661
or otherwise. No person except an inspector shall deface or remove	44662
any such number or tag.	44663

(F) If the owner or user of any pressure vessel or boiler	44664
disagrees with the inspector as to the necessity for shutting down	44665
a pressure vessel or boiler or for making repairs or alterations	44666
in it, or taking any other measures for safety that are requested	44667
by an inspector, the owner or user may appeal from the decision of	44668
the inspector to the superintendent, who may, after such other	44669
inspection by a general inspector or special inspector as the	44670
superintendent deems necessary, decide the issue.	44671

(G) Neither sections 4104.01 to 4104.20 of the Revised Code,	44672
nor an inspection or report by any inspector, shall relieve the	44673
owner or user of a pressure vessel or boiler of the duty of using	44674
due care in the inspection, operation, and repair of the pressure	44675
vessel or boiler or of any liability for damages for failure to	44676
inspect, repair, or operate the pressure vessel or boiler safely.	44677

Sec. 4104.16. The owner or user of any boiler required by	44678
sections 4104.01 to 4104.20 of the Revised Code, to be inspected,	44679
shall immediately notify the superintendent of ~~labor~~industrial	44680
compliance in case a defect affecting the safety of the boiler is	44681
discovered.	44682

The owner or user of any stationary boiler required by such	44683
sections to be inspected, who moves the same, shall report to the	44684
superintendent the new location of the boiler. Such boiler shall	44685
be inspected before it is again operated.	44686

Sec. 4104.17. Certificates of operation issued for boilers	44687
subject to inspection under Chapter 4104. of the Revised Code	44688
shall be issued and renewed in accordance with and at dates	44689
prescribed by rules and regulations adopted by the superintendent	44690
of ~~labor~~industrial compliance.	44691

Sec. 4104.18. (A) The owner or user of a boiler required	44692
under section 4104.12 of the Revised Code to be inspected upon	44693
installation, and the owner or user of a boiler for which a	44694
certificate of inspection has been issued which is replaced with	44695
an appropriate certificate of operation, shall pay to the	44696
superintendent of ~~labor~~industrial compliance a fee in the amount	44697
of fifty dollars for boilers subject to annual inspections under	44698
section 4104.11 of the Revised Code, one hundred dollars for	44699
boilers subject to biennial inspection under section 4104.13 of	44700
the Revised Code, one hundred fifty dollars for boilers subject to	44701
triennial inspection under section 4104.11 of the Revised Code, or	44702
two hundred fifty dollars for boilers subject to quinquennial	44703
inspection under section 4104.13 of the Revised Code.	44704

(B) The fee for complete inspection during construction by a	44705
general inspector on boilers and pressure vessels manufactured	44706
within the state shall be thirty-five dollars per hour. Boiler and	44707
pressure vessel manufacturers other than those located in the	44708
state may secure inspection by a general inspector on work during	44709
construction, upon application to the superintendent, and upon	44710
payment of a fee of thirty-five dollars per hour, plus the	44711
necessary traveling and hotel expenses incurred by the inspector.	44712

(C) The application fee for applicants for steam engineer,	44713
high pressure boiler operator, or low pressure boiler operator	44714
licenses is seventy-five dollars. The fee for each original or	44715
renewal steam engineer, high pressure boiler operator, or low	44716
pressure boiler operator license is fifty dollars.	44717

(D) The director of commerce, subject to the approval of the	44718
controlling board, may establish fees in excess of the fees	44719
provided in divisions (A), (B), and (C) of this section. Any	44720
moneys collected under this section shall be paid into the state	44721
treasury to the credit of the ~~labor~~industrial compliance	44722
operating fund created in section 121.084 of the Revised Code.	44723

(E) Any person who fails to pay an invoiced renewal fee or an	44724
invoiced inspection fee required for any inspection conducted by	44725
the division of ~~labor~~industrial compliance pursuant to this	44726
chapter within forty-five days of the invoice date shall pay a	44727
late payment fee equal to twenty-five per cent of the invoiced	44728
fee.	44729

(F) In addition to the fees assessed in divisions (A) and (B)	44730
of this section, the board of building standards shall assess the	44731
owner or user a fee of three dollars and twenty-five cents for	44732
each certificate of operation or renewal thereof issued under	44733
division (A) of this section and for each inspection conducted	44734
under division (B) of this section. The board shall adopt rules,	44735
in accordance with Chapter 119. of the Revised Code, specifying	44736
the manner by which the superintendent shall collect and remit to	44737
the board the fees assessed under this division and requiring that	44738
remittance of the fees be made at least quarterly.	44739

Sec. 4104.19. (A) Any person seeking a license to operate as	44740
a steam engineer, high pressure boiler operator, or low pressure	44741
boiler operator shall file a written application with the	44742
superintendent of ~~labor~~industrial compliance on a form prescribed	44743
by the superintendent with the appropriate application fee as set	44744
forth in section 4104.18 of the Revised Code. The application	44745
shall contain information satisfactory to the superintendent to	44746
demonstrate that the applicant meets the requirements of division	44747
(B) of this section. The application shall be filed with the	44748
superintendent not more than sixty days and not less than thirty	44749
days before the license examination is offered.	44750

(B) To qualify to take the examination required to obtain a	44751
steam engineer, high pressure boiler operator, or low pressure	44752
boiler operator license, a person shall meet both of the following	44753
requirements:	44754

(1) Be at least eighteen years of age;

44755

(2) Have one year of experience in the operation of steam	44756
engines, high pressure boilers, or low pressure boilers as	44757
applicable to the type of license being sought, or a combination	44758
of experience and education for the type of license sought as	44759
determined to be acceptable by the superintendent.	44760

(C) No applicant shall qualify to take an examination or to	44761
renew a license if the applicant has violated this chapter or if	44762
the applicant has obtained or renewed a license issued under this	44763
chapter by fraud, misrepresentation, or deception.	44764

(D) The superintendent shall issue a license to each	44765
applicant who receives a passing score on the examination, as	44766
determined by the superintendent, for the license for which the	44767
applicant applied.	44768

(E) The superintendent may select and contract with one or	44769
more persons to do all of the following relative to the	44770
examinations for a license to operate as a steam engineer, high	44771
pressure boiler operator, or low pressure boiler operator:	44772

(1) Prepare, administer, score, and maintain the	44773
confidentiality of the examination;	44774

(2) Maintain responsibility for all expenses required to	44775
fulfill division (E)(1) of this section;	44776

(3) Charge each applicant a fee for administering the	44777
examination, in an amount authorized by the superintendent;	44778

(4) Design the examination for each type of license to	44779
determine an applicant's competence to operate the equipment for	44780
which the applicant is seeking licensure.	44781

(F) Each license issued under this chapter expires one year	44782
after the date of issue. Each person holding a valid, unexpired	44783
license may renew the license, without reexamination, by applying	44784
to the superintendent not more than ninety days before the	44785
expiration of the license, and submitting with the application the	44786
renewal fee established in section 4104.18 of the Revised Code.	44787
Upon receipt of the renewal information and fee, the	44788
superintendent shall issue the licensee a certificate of renewal.	44789

(G) The superintendent, in accordance with Chapter 119. of	44790
the Revised Code, may suspend or revoke any license, or may refuse	44791
to issue a license under this chapter upon finding that a licensee	44792
or an applicant for a license has violated or is violating the	44793
requirements of this chapter.	44794

Sec. 4104.21. On receipt of a notice pursuant to section	44795
3123.43 of the Revised Code, the superintendent of ~~labor~~	44796
industrial compliance shall comply with sections 3123.41 to	44797
3123.50 of the Revised Code and any applicable rules adopted under	44798
section 3123.63 of the Revised Code with respect to a certificate	44799
or license issued pursuant to this chapter.	44800

Sec. 4104.33. There is hereby created the historical boilers	44801
licensing board consisting of seven members, three of whom shall	44802
be appointed by the governor with the advice and consent of the	44803
senate. The governor shall make initial appointments to the board	44804
within ninety days after October 24, 2002. Of the initial members	44805
appointed by the governor, one shall be for a term ending three	44806
years after October 24, 2002, one shall be for a term ending four	44807
years after October 24, 2002, and one shall be for a term ending	44808
five years after October 24, 2002. Thereafter, terms of office	44809
shall be for five years, each term ending on the same day of the	44810
same month of the year as did the term that it succeeds. Of the	44811
three members the governor appoints, one member shall be an	44812
employee of the division of boiler inspection in the department of	44813
commerce; one member shall be an independent mechanical engineer	44814
who is not involved in selling or inspecting historical boilers;	44815
and one shall be an active member of an association that	44816
represents managers of fairs or festivals.	44817

Two members of the board shall be appointed by the president	44818
of the senate and two members of the board shall be appointed by	44819
the speaker of the house of representatives. The president and	44820
speaker shall make initial appointments to the board within ninety	44821
days after October 24, 2002. Of the initial members appointed by	44822
the president, one shall be for a term ending four years after	44823
October 24, 2002 and one shall be for a term ending five years	44824
after October 24, 2002. Of the initial members appointed by the	44825
speaker, one shall be for a term ending three years after October	44826
24, 2002 and one shall be for a term ending five years after	44827
October 24, 2002. Thereafter, terms of office shall be for five	44828
years, each term ending on the same day of the same month of the	44829
year as did the term that it succeeds. Of the four members	44830
appointed by the president and speaker, each shall own a	44831
historical boiler and also have at least ten years of experience	44832
in the operation of historical boilers, and each of these four	44833
members shall reside in a different region of the state.	44834

Each member shall hold office from the date of the member's	44835
appointment until the end of the term for which the member was	44836
appointed. Members may be reappointed. Vacancies shall be filled	44837
in the manner provided for initial appointments. Any member	44838
appointed to fill a vacancy occurring prior to the expiration date	44839
of the term for which the member's predecessor was appointed shall	44840
hold office as a member for the remainder of that term. A member	44841
shall continue in office subsequent to the expiration date of the	44842
member's term until the successor takes office or until a period	44843
of sixty days has elapsed, whichever occurs first.	44844

The members of the board, annually, shall elect, by majority	44845
vote, a chairperson from among their members. The board shall meet	44846
at least once annually and at other times at the call of the	44847
chairperson. Board members shall receive their actual and	44848
necessary expenses incurred in the discharge of their duties as	44849
board members.	44850

The superintendent of ~~labor~~industrial compliance shall	44851
furnish office space, staff, and supplies to the board as the	44852
superintendent determines are necessary for the board to carry out	44853
its official duties under sections 4104.33 to 4104.37 of the	44854
Revised Code.	44855

Sec. 4104.42. (A) The owner of any power piping or process	44856
piping system shall ensure that all of the following are performed	44857
in compliance with applicable sections of the B31 standards	44858
contained in the code for pressure piping, published by the	44859
American society of mechanical engineers:	44860

(1) The design, fabrication, assembly, installation, testing,	44861
examination, and inspection of power and process piping systems;	44862

(2) Qualification of personnel and qualification of welding	44863
and brazing procedures;	44864

(3) The implementation of an inspection program.

44865

(B) The owner of a power piping or process piping system	44866
shall do both of the following:	44867

(1) Maintain for five years complete records documenting the	44868
design, examination, and testing of the piping system that include	44869
all of the following:	44870

(a) The specific edition of the code for pressure piping used	44871
in the design;	44872

(b) The design assumptions;

44873

(c) The calculations, piping material specifications, and	44874
construction documents for the piping;	44875

(d) The records of piping alterations;

44876

(e) The piping examination and inspection records.

44877

(2) Disclose the types and quantities of flammable,	44878
combustible, or hazardous materials proposed to be used in the	44879
facility to the building and fire code enforcement authorities who	44880
have inspection authority to enable those authorities to determine	44881
compliance with the rules the board of building standards adopts	44882
pursuant to section 3781.10 of the Revised Code and the rules the	44883
state fire marshal adopts pursuant to section 3737.82 of the	44884
Revised Code.	44885

(C) No person or state agency shall require that the records	44886
described in division (B)(1) of this section be submitted to the	44887
division of ~~labor~~industrial compliance in the department of	44888
commerce or to a certified building department for approval.	44889

(D) Nothing in this section limits the application of	44890
Chapters 4703. and 4733. of the Revised Code.	44891

Sec. 4104.43. (A)(1) The board of building standards shall	44892
adopt rules establishing requirements for the design,	44893
installation, inspection of and design review procedure for	44894
building services piping.	44895

(2) The board of building standards shall adopt rules	44896
establishing requirements for the design, installation, inspection	44897
of and design review procedure for nonflammable medical gas,	44898
medical oxygen, and medical vacuum piping systems.	44899

(B) A municipal, township, or county building department	44900
certified under division (E) of section 3781.10 of the Revised	44901
Code shall enforce the rules the board adopts pursuant to division	44902
(A)(2) of this section if that building department requests and	44903
obtains special certification to enforce those rules.	44904

(C) In a health district where no municipal, township, or	44905
county building department is specially certified under division	44906
(B) of this section, an employee of the health district shall	44907
enforce the rules adopted pursuant to division (A)(2) of this	44908
section if both of the following conditions are satisfied:	44909

(1) The health district employee requests and obtains special	44910
certification by the board to enforce those rules.	44911

(2) The health district notifies the superintendent of the	44912
division of ~~labor~~industrial compliance in the department of	44913
commerce that the health district's specially certified employee	44914
shall enforce those rules.	44915

(D) In a jurisdiction where enforcement authority as	44916
described in divisions (B) and (C) of this section does not exist,	44917
the superintendent of ~~labor~~industrial compliance shall enforce	44918
the rules the board adopts pursuant to division (A)(2) of this	44919
section.	44920

Sec. 4104.44. All welding and brazing of metallic piping	44921
systems shall be performed in accordance with section IX of the	44922
boiler and pressure vessel code, published by the American society	44923
of mechanical engineers. The owner shall maintain, at the job	44924
site, the certified performance qualification records of all	44925
welders and brazers employed at the facility. The owner shall	44926
submit copies of all certified welding and brazing procedure	44927
specifications, procedure qualification records, and performance	44928
qualification records for building services piping for review to	44929
the superintendent of ~~labor~~industrial compliance in the	44930
department of commerce in accordance with rules the superintendent	44931
adopts. The submission shall be accompanied by the fee the	44932
superintendent establishes.	44933

Sec. 4104.48. (A) No person shall violate sections 4104.41	44934
to 4104.48 of the Revised Code, fail to perform any duty lawfully	44935
enjoined in connection with those sections, or fail to comply with	44936
any order issued by the superintendent of ~~labor~~industrial	44937
compliance or any judgment or decree issued by any court in	44938
connection with the enforcement of sections 4104.41 to 4104.48 of	44939
the Revised Code.	44940

(B) Every day during which a person violates sections 4104.41	44941
to 4104.48 of the Revised Code, fails to perform any duty lawfully	44942
enjoined in connection with those sections, or fails to comply	44943
with any order issued by the superintendent or any judgment or	44944
decree issued by any court in connection with the enforcement of	44945
sections 4104.41 to 4104.48 of the Revised Code constitutes a	44946
separate offense.	44947

Sec. 4105.01. As used in this chapter:

44948

(A) "Elevator" means a hoisting and lowering apparatus	44949
equipped with a car, cage, or platform which moves on or between	44950
permanent rails or guides and serves two or more fixed landings in	44951
a building or structure to which section 3781.06 of the Revised	44952
Code applies. "Elevator" includes dumb-waiters other than	44953
hand-powered dumb-waiters, escalators, ~~peoplelifts~~manlifts,	44954
moving walks, of the endless belt type, other lifting or lowering	44955
apparatus permanently installed on or between rails or guides, and	44956
all equipment, machinery, and construction related to any	44957
elevator; but does not include construction hoists and other	44958
similar temporary lifting or lowering apparatuses, ski lifts,	44959
traveling, portable amusement rides or devices that are not	44960
affixed to a permanent foundation, or nonportable amusement rides	44961
or devices that are affixed to a permanent foundation.	44962

(B) "Passenger elevator" means an elevator that is designed	44963
to carry persons to its contract capacity.	44964

(C) "Freight elevator" means an elevator normally used for	44965
carrying freight and on which only the operator and employees in	44966
the pursuit of their duties, by the permission of the employer,	44967
are allowed to ride.	44968

(D) "Gravity elevator" means an elevator utilizing gravity to	44969
move.	44970

(E) "General inspector" means a state inspector examined and	44971
hired to inspect elevators and lifting apparatus for that state.	44972

(F) "Special inspector" means an inspector examined and	44973
commissioned by the superintendent of ~~labor~~industrial compliance	44974
to inspect elevators and lifting apparatus in the state.	44975

(G) "Inspector" means either a general or special inspector.

44976

Sec. 4105.02. No person may act, either as a general	44977
inspector or as a special inspector, of elevators, unless the	44978
person holds a certificate of competency from the division of	44979
~~labor~~industrial compliance.	44980

Application for examination as an inspector of elevators	44981
shall be in writing, accompanied by a fee to be established as	44982
provided in section 4105.17 of the Revised Code, and upon a blank	44983
to be furnished by the division, stating the school education of	44984
the applicant, a list of the applicant's employers, the	44985
applicant's period of employment, and the position held with each.	44986
An applicant shall also submit a letter from one or more of the	44987
applicant's previous employers certifying as to the applicant's	44988
character and experience.	44989

Applications shall be rejected which contain any willful	44990
falsification or untruthful statements. An applicant, if the	44991
division considers the applicant's history and experience	44992
sufficient, shall be examined by the superintendent of ~~labor~~	44993
industrial compliance by a written examination dealing with the	44994
construction, installation, operation, maintenance, and repair of	44995
elevators and their appurtenances, and the applicant shall be	44996
accepted or rejected on the merits of the applicant's application	44997
and examination.	44998

The superintendent shall issue a certificate of competency in	44999
the inspection of elevators to any applicant found competent upon	45000
examination. A rejected applicant shall be entitled, after the	45001
expiration of ninety days and upon payment of an examination fee	45002
to be established as provided in section 4105.17 of the Revised	45003
Code, to another examination. Should an applicant fail to pass the	45004
prescribed examination on second trial, the applicant will not be	45005
permitted to be an applicant for another examination for a period	45006
of one year after the second examination.	45007

Sec. 4105.03. The superintendent of ~~labor~~industrial	45008
compliance, with the consent of the director of commerce, shall	45009
hire an assistant who has at least ten years of experience in the	45010
construction, installation, maintenance, and repair of elevators	45011
and their appurtenances.	45012

The superintendent, with the consent of the director, and in	45013
compliance with Chapter 124. of the Revised Code, may appoint and	45014
hire general inspectors of elevators from the holders of	45015
certificates of competency.	45016

Sec. 4105.04. From the holders of certificates of competency	45017
in the inspection of elevators, any company that is authorized to	45018
insure elevators in the state, may designate persons to inspect	45019
elevators covered by such company's policies, and the department	45020
of public safety of any city and the clerk of any village may	45021
designate persons to inspect elevators in such city or village.	45022
Such persons shall, upon the payment of a fee to be established as	45023
provided in section 4105.17 of the Revised Code, have issued to	45024
them annually by the division of ~~labor~~industrial compliance,	45025
commissions to serve as special inspectors of elevators in the	45026
state.	45027

Sec. 4105.05. A commission to serve as a special inspector	45028
may be suspended or revoked by the superintendent of ~~labor~~	45029
industrial compliance, for the incompetence or untrustworthiness	45030
of the holder thereof, or for the falsification of any matter or	45031
statement contained in the holder's application or in a report of	45032
any inspection.	45033

Sec. 4105.06. If a certificate or commission issued under	45034
sections 4105.02 and 4105.04 of the Revised Code is lost or	45035
destroyed a new one shall be issued in its place by the division	45036
of ~~labor~~industrial compliance without another examination, upon	45037
the payment of a fee to be established as provided in section	45038
4105.07 of the Revised Code.	45039

Sec. 4105.09. The owner or user of any elevator shall	45040
register, with the division of ~~labor~~industrial compliance, every	45041
elevator operated by the owner or user, giving the type, capacity,	45042
and description, name of manufacturer, and purpose for which each	45043
is used. Such registration shall be made on a form to be furnished	45044
by the division.	45045

Sec. 4105.11. The inspection of elevators shall be made by	45046
the inspectors authorized in sections 4105.03 and 4105.04 of the	45047
Revised Code, under the supervision of the superintendent of	45048
~~labor~~industrial compliance, and the superintendent shall enforce	45049
this chapter and any rules adopted pursuant thereto.	45050

Every inspector shall forward to the superintendent a full	45051
and complete report of each inspection made of any elevator and	45052
shall, on the day the inspection is completed, leave a copy of	45053
such report with the owner or operator of the elevator, or the	45054
owner's or operator's agent or representative. Such report shall	45055
indicate the exact condition of the elevator and shall list any	45056
and all of the provisions of this chapter and any rules adopted	45057
pursuant thereto, with which the elevator does not comply. Before	45058
attempting to enforce, by any remedy, civil or criminal, the	45059
provisions with which the inspected elevator does not comply, the	45060
chief shall issue an adjudication order within the meaning of	45061
Chapter 119. of the Revised Code.	45062

The approval of construction plans, or an application of	45063
specifications under section 4105.16 of the Revised Code is a	45064
license, and the failure to approve such plans or specifications	45065
by the chief within sixty days after they are filed is an	45066
adjudication order denying the issuance of a license.	45067

Every adjudication order shall specify what appliances, site	45068
preparations, additions, repairs, or alterations to any elevators,	45069
plans, materials, assemblages, or procedures are necessary for the	45070
same to comply with this chapter, or any rules adopted pursuant	45071
thereto. Such adjudication order shall be issued pursuant to	45072
Chapter 119. of the Revised Code and shall be effective without	45073
prior hearing, within thirty days after the receipt of such order,	45074
the owner of the elevator specified therein may appeal to the	45075
board of building appeals under section 3781.19 of the Revised	45076
Code.	45077

Notwithstanding the provisions of Chapter 119. of the Revised	45078
Code relating to adjudication hearings, a stenographic or	45079
mechanical record of the testimony and other evidence submitted	45080
before the board of building appeals shall be taken at the expense	45081
of the agency. A party adversely affected by an order issued	45082
following such adjudication hearing may appeal to the court of	45083
common pleas of the county in which the party is a resident or in	45084
which the elevator affected by such order is located. The court in	45085
such case shall not be confined to the record as certified to it	45086
by the agency, but any party may produce additional evidence and	45087
the court shall hear the matter upon such record and such	45088
additional evidence as is introduced by any party. The court shall	45089
not affirm the order of the agency unless the preponderance of the	45090
evidence before it supports the reasonableness and lawfulness of	45091
such order, and of any rules upon which the order of the agency is	45092
based in its application to the facts involved in the appeal.	45093

Failure to comply with the requirements of any order issued	45094
pursuant to this section or the continued operation of any	45095
elevator after it has been sealed pursuant to section 4105.21 of	45096
the Revised Code is hereby declared a public nuisance.	45097

Sec. 4105.12. (A) The superintendent of ~~labor~~industrial	45098
compliance shall adopt, amend, and repeal rules exclusively for	45099
the issuance, renewal, suspension, and revocation of certificates	45100
of competency and certificates of operation, for the conduct of	45101
hearings related to these actions, and for the inspection of	45102
elevators.	45103

(B) Notwithstanding division (A) of this section, the	45104
superintendent shall not adopt rules relating to construction,	45105
maintenance, and repair of elevators.	45106

Sec. 4105.13. Every elevator shall be constructed, equipped,	45107
maintained, and operated, with respect to the supporting members,	45108
elevator car, shaftways, guides, cables, doors, and gates, safety	45109
stops and mechanism, electrical apparatus and wiring, mechanical	45110
apparatus, counterweights, and all other appurtenances, in	45111
accordance with state laws and rules as are authorized in respect	45112
thereto. Where reasonable safety is obtained without complying to	45113
the literal requirements of such rules as in cases of practical	45114
difficulty or unnecessary hardship, the literal requirements of	45115
such rules shall not be required. The superintendent of ~~labor~~	45116
industrial compliance may permit the installation of vertical	45117
wheelchair lifts in public buildings to provide for handicapped	45118
accessibility where such lifts do not meet the literal	45119
requirements of the rules adopted by the board of building	45120
standards pursuant to section 4105.011 of the Revised Code,	45121
provided that reasonable safety may be obtained.	45122

Sec. 4105.15. No certificate of operation for any elevator	45123
shall be issued by the director of commerce until such elevator	45124
has been inspected as required by this chapter. Certificates of	45125
operation shall be renewed by the owner or user of the elevator in	45126
accordance with rules adopted by the superintendent of ~~labor~~	45127
industrial compliance pursuant to section 4105.12 of the Revised	45128
Code.	45129

Sec. 4105.16. Before any new installation of an elevator of	45130
permanent nature is erected or before any existing elevator is	45131
removed to and installed in a different location, an application	45132
of specifications in duplicate shall be submitted to the division	45133
of ~~labor~~industrial compliance giving such information concerning	45134
the construction, installation, and operation of said elevator as	45135
the division may require on forms to be furnished by the division,	45136
together with complete construction plans in duplicate. In all	45137
cases where any changes or repairs are made which alter its	45138
construction of classification, grade or rated lifting capacity,	45139
except when made pursuant to a report of an inspector, an	45140
application of specifications in duplicate shall be submitted to	45141
the division, containing such information, or approval, except in	45142
those municipal corporations which maintain their own elevator	45143
inspection departments, in which event such specifications shall	45144
be submitted to the elevator department of the municipal	45145
corporation for its approval, and if approved, a permit for the	45146
erection or repair of such elevator shall be issued by the	45147
municipal corporation. Upon approval of such application and	45148
construction plans, the superintendent of ~~labor~~industrial	45149
compliance shall issue a permit for the erection or repair of such	45150
elevator. No new elevator shall be operated until completion in	45151
accordance with the approved plans and specifications, unless a	45152
temporary permit is granted by the division.	45153

The final inspection, before operation, of a permanent, new	45154
or repaired elevator shall be made by a general inspector or a	45155
special inspector designated by the superintendent.	45156

Sec. 4105.17. (A) The fee for each inspection, or attempted	45157
inspection that, due to no fault of a general inspector or the	45158
division of ~~labor~~industrial compliance, is not successfully	45159
completed, by a general inspector before the operation of a	45160
permanent new elevator prior to the issuance of a certificate of	45161
operation, before operation of an elevator being put back into	45162
service after a repair or after an adjudication under section	45163
4105.11 of the Revised Code, or as a result of the operation of	45164
section 4105.08 of the Revised Code and is an elevator required to	45165
be inspected under this chapter is one hundred twenty dollars plus	45166
ten dollars for each floor where the elevator stops. The	45167
superintendent of ~~labor~~industrial compliance may assess an	45168
additional fee of one hundred twenty dollars plus ten dollars for	45169
each floor where an elevator stops for the reinspection of an	45170
elevator when a previous attempt to inspect that elevator has been	45171
unsuccessful through no fault of a general inspector or the	45172
division of ~~labor~~industrial compliance.	45173

(B) The fee for each inspection, or attempted inspection,	45174
that due to no fault of the general inspector or the division, is	45175
not successfully completed by a general inspector before operation	45176
of a permanent new escalator or moving walk prior to the issuance	45177
of a certificate of operation, before operation of an escalator or	45178
moving walk being put back in service after a repair, or as a	45179
result of the operation of section 4105.08 of the Revised Code is	45180
three hundred dollars. The superintendent may assess an additional	45181
fee of one hundred fifty dollars for the reinspection of an	45182
escalator or moving walk when a previous attempt to inspect that	45183
escalator or moving walk has been unsuccessful through no fault of	45184
the general inspector or the division.	45185

(C) The fee for issuing or renewing a certificate of	45186
operation under section 4105.15 of the Revised Code for an	45187
elevator that is inspected every six months in accordance with	45188
division (A) of section 4105.10 of the Revised Code is two hundred	45189
twenty dollars plus twelve dollars for each floor where the	45190
elevator stops, except where the elevator has been inspected by a	45191
special inspector in accordance with section 4105.07 of the	45192
Revised Code.	45193

(D) The fee for issuing or renewing a certificate of	45194
operation under section 4105.05 of the Revised Code for an	45195
elevator that is inspected every twelve months in accordance with	45196
division (A) of section 4105.10 of the Revised Code is fifty-five	45197
dollars plus ten dollars for each floor where the elevator stops,	45198
except where the elevator has been inspected by a special	45199
inspector in accordance with section 4105.07 of the Revised Code.	45200

(E) The fee for issuing or renewing a certificate of	45201
operation under section 4105.15 of the Revised Code for an	45202
escalator or moving walk is three hundred dollars, except where	45203
the escalator or moving walk has been inspected by a special	45204
inspector in accordance section 4105.07 of the Revised Code.	45205

(F) All other fees to be charged for any examination given or	45206
other service performed by the division pursuant to this chapter	45207
shall be prescribed by the director of commerce. The fees shall be	45208
reasonably related to the costs of such examination or other	45209
service.	45210

(G) The director of commerce, subject to the approval of the	45211
controlling board, may establish fees in excess of the fees	45212
provided in divisions (A), (B), (C), (D), and (E) of this section.	45213
Any moneys collected under this section shall be paid into the	45214
state treasury to the credit of the ~~labor~~industrial compliance	45215
operating fund created in section 121.084 of the Revised Code.	45216

(H) Any person who fails to pay an inspection fee required	45217
for any inspection conducted by the division pursuant to this	45218
chapter within forty-five days after the inspection is conducted	45219
shall pay a late payment fee equal to twenty-five per cent of the	45220
inspection fee.	45221

(I) In addition to the fees assessed in divisions (A), (B),	45222
(C), (D), and (E) of this section, the board of building standards	45223
shall assess a fee of three dollars and twenty-five cents for each	45224
certificate of operation or renewal thereof issued under divisions	45225
(A), (B), (C), (D), or (E) of this section and for each permit	45226
issued under section 4105.16 of the Revised Code. The board shall	45227
adopt rules, in accordance with Chapter 119. of the Revised Code,	45228
specifying the manner by which the superintendent shall collect	45229
and remit to the board the fees assessed under this division and	45230
requiring that remittance of the fees be made at least quarterly.	45231

(J) For purposes of this section:

45232

(1) "Escalator" means a power driven, inclined, continuous	45233
stairway used for raising or lowering passengers.	45234

(2) "Moving walk" means a passenger carrying device on which	45235
passengers stand or walk, with a passenger carrying surface that	45236
is uninterrupted and remains parallel to its direction of motion.	45237

Sec. 4105.191. Any person owning or operating any elevator	45238
subject to this chapter shall file a written report with the	45239
superintendent of ~~labor~~industrial compliance within seventy-two	45240
hours after the occurrence of any accident involving such elevator	45241
which results in death or bodily injury to any person.	45242

Sec. 4105.20. No person shall violate any law relative to	45243
the operation, construction, maintenance, and repair of elevators.	45244
All fines collected for violation of this section shall be	45245
forwarded to the superintendent of ~~labor~~industrial compliance,	45246
who shall pay them into the state treasury to the credit of the	45247
~~labor~~industrial compliance operating fund created in section	45248
121.084 of the Revised Code.	45249

Sec. 4105.21. The superintendent of ~~labor~~industrial	45250
compliance shall enforce this chapter. If the superintendent or a	45251
general inspector of elevators finds that an elevator or a part	45252
thereof does not afford reasonable safety as required by section	45253
4105.13 of the Revised Code, the superintendent or the general	45254
inspector may seal such elevator and post a notice thereon	45255
prohibiting further use of the elevator until the changes or	45256
alterations set forth in the notice have been made to the	45257
satisfaction of the superintendent or the inspector. The notice	45258
shall contain a statement that operators or passengers are subject	45259
to injury by its continued use, a description of the alteration or	45260
other change necessary to be made in order to secure safety of	45261
operation, date of such notice, name and signature of the	45262
superintendent or inspector issuing the notice.	45263

Sec. 4115.10. (A) No person, firm, corporation, or public	45264
authority that constructs a public improvement with its own	45265
forces, the total overall project cost of which is fairly	45266
estimated to be more than the amounts set forth in division (B) of	45267
section 4115.03 of the Revised Code, adjusted biennially by the	45268
director of commerce pursuant to section 4115.034 of the Revised	45269
Code, as appropriate, shall violate the wage provisions of	45270
sections 4115.03 to 4115.16 of the Revised Code, or suffer,	45271
permit, or require any employee to work for less than the rate of	45272
wages so fixed, or violate the provisions of section 4115.07 of	45273
the Revised Code. Any employee upon any public improvement, except	45274
an employee to whom or on behalf of whom restitution is made	45275
pursuant to division (C) of section 4115.13 of the Revised Code,	45276
who is paid less than the fixed rate of wages applicable thereto	45277
may recover from such person, firm, corporation, or public	45278
authority that constructs a public improvement with its own forces	45279
the difference between the fixed rate of wages and the amount paid	45280
to the employee and in addition thereto a sum equal to twenty-five	45281
per cent of that difference. The person, firm, corporation, or	45282
public authority who fails to pay the rate of wages so fixed also	45283
shall pay a penalty to the director of seventy-five per cent of	45284
the difference between the fixed rate of wages and the amount paid	45285
to the employees on the public improvement. The director shall	45286
deposit all moneys received from penalties paid to the director	45287
pursuant to this section into the ~~labor~~industrial compliance	45288
operating fund. The director shall use the fund for the	45289
enforcement of sections 4115.03 to 4115.16 of the Revised Code.	45290
The employee may file suit for recovery within ninety days of the	45291
director's determination of a violation of sections 4115.03 to	45292
4115.16 of the Revised Code or is barred from further action under	45293
this division. Where the employee prevails in a suit, the employer	45294
shall pay the costs and reasonable attorney's fees allowed by the	45295
court.	45296

(B) Any employee upon any public improvement who is paid less	45297
than the prevailing rate of wages applicable thereto may file a	45298
complaint in writing with the director upon a form furnished by	45299
the director. The complaint shall include documented evidence to	45300
demonstrate that the employee was paid less than the prevailing	45301
wage in violation of this chapter. Upon receipt of a properly	45302
completed written complaint of any employee paid less than the	45303
prevailing rate of wages applicable, the director shall take an	45304
assignment of a claim in trust for the assigning employee and	45305
bring any legal action necessary to collect the claim. The	45306
employer shall pay the costs and reasonable attorney's fees	45307
allowed by the court if the employer is found in violation of	45308
sections 4115.03 to 4115.16 of the Revised Code.	45309

(C) If after investigation pursuant to section 4115.13 of the	45310
Revised Code, the director determines there is a violation of	45311
sections 4115.03 to 4115.16 of the Revised Code and a period of	45312
sixty days has elapsed from the date of the determination, and if:	45313

(1) No employee has brought suit pursuant to division (A) of	45314
this section;	45315

(2) No employee has requested that the director take an	45316
assignment of a wage claim pursuant to division (B) of this	45317
section.	45318

The director shall bring any legal action necessary to	45319
collect any amounts owed to employees and the director. The	45320
director shall pay over to the affected employees the amounts	45321
collected to which the affected employees are entitled under	45322
division (A) of this section. In any action in which the director	45323
prevails, the employer shall pay the costs and reasonable	45324
attorney's fees allowed by the court.	45325

(D) Where persons are employed and their rate of wages has	45326
been determined as provided in section 4115.04 of the Revised	45327
Code, no person, either for self or any other person, shall	45328
request, demand, or receive, either before or after the person is	45329
engaged, that the person so engaged pay back, return, donate,	45330
contribute, or give any part or all of the person's wages, salary,	45331
or thing of value, to any person, upon the statement,	45332
representation, or understanding that failure to comply with such	45333
request or demand will prevent the procuring or retaining of	45334
employment, and no person shall, directly or indirectly, aid,	45335
request, or authorize any other person to violate this section.	45336
This division does not apply to any agent or representative of a	45337
duly constituted labor organization acting in the collection of	45338
dues or assessments of such organization.	45339

(E) The director shall enforce sections 4115.03 to 4115.16 of	45340
the Revised Code.	45341

(F) For the purpose of supplementing existing resources and	45342
to assist in enforcing division (E) of this section, the director	45343
may contract with a person registered as a public accountant under	45344
Chapter 4701. of the Revised Code to conduct an audit of a person,	45345
firm, corporation, or public authority.	45346

(G) No contractor or subcontractor shall be responsible for	45347
the payment of the penalties provided in division (A) of this	45348
section resulting from a violation of sections 4115.03 to 4115.16	45349
of the Revised Code by its subcontractor, provided that the	45350
contractor or subcontractor has made a good faith effort to ensure	45351
that its subcontractor complied with the requirements of sections	45352
4115.03 to 4115.16 of the Revised Code.	45353

Sec. 4115.101. There is hereby created the prevailing wage	45354
custodial fund, which shall be in the custody of the treasurer of	45355
state but shall not be part of the state treasury. The director of	45356
commerce shall deposit to the fund all money paid by employers to	45357
the director that are held in trust for employees to whom	45358
prevailing wages are due and owing. The director shall make	45359
disbursements from the fund in accordance with this chapter to	45360
employees affected by violations of this chapter. If the director	45361
determines that any funds in the prevailing wage custodial fund	45362
are not returnable to employees as required under this section,	45363
then the director shall certify to the treasurer of state the	45364
amount of the funds that are not returnable. Upon the receipt of a	45365
certification from the director in accordance with this section,	45366
the treasurer of state shall transfer the certified amount of the	45367
funds from the prevailing wage custodial fund to the ~~labor~~	45368
industrial compliance operating fund.	45369

Sec. 4121.04. (A) There is hereby created the industrial	45370
commission nominating council consisting of five employer	45371
representatives, four labor representatives, one representative	45372
from the Ohio association for justice, and two members of the	45373
public, each of a different political party, who are appointed by	45374
the governor. The nominating council shall make recommendations to	45375
the governor for the appointment of members to the industrial	45376
commission as provided in section 4121.02 of the Revised Code.	45377

(B) In making the appointments, the governor shall select the	45378
members representing employees from a list of eight names	45379
submitted by the Ohio federation of labor, the member representing	45380
the Ohio association for justice from a list of two names	45381
submitted by the Ohio association of justice, and the members	45382
representing employers from a list of ten names submitted jointly	45383
by the Ohio industry organizations. The governor shall appoint at	45384
least one member from each of the Ohio industry organizations. Of	45385
the list submitted by the Ohio industry organizations, two	45386
individuals from each of the Ohio industry organizations shall be	45387
included in the list. Terms of office of employer and employee	45388
representatives are for four years, each term ending on the same	45389
day as the date of their original appointment. The Ohio federation	45390
of labor for a vacancy of an employee representative on the	45391
council, and the Ohio industry organizations, for a vacancy of an	45392
employer representative on the council, shall submit to the	45393
governor a list containing two names for appointment and the	45394
governor shall appoint an individual from the list to fill the	45395
vacancy provided that the list submitted to fill an industry	45396
representative vacancy shall contain the names of individuals who	45397
represent the organizations for which a vacancy has occurred. One	45398
public member shall represent the interests of small business.	45399
Public members shall serve for a term of two years, each term	45400
ending on the same day as the date of their original appointment.	45401
The governor shall fill a vacancy occurring on the nominating	45402
council for a public member in the same manner as for the original	45403
appointment but only for the unexpired part of the term. As used	45404
in this division, "small business" means any manufacturing	45405
establishment employing five hundred or fewer employees or any	45406
retail, or other service establishment employing one hundred or	45407
fewer employees. The representative from the Ohio association for	45408
justice shall serve for a term of four years, each term ending on	45409
the twentieth day of October of the appropriate year. The governor	45410
shall fill a vacancy occurring on the nominating council for the	45411
representative from the Ohio association for justice in the same	45412
manner as the original appointment. In the event that an	45413
appointment to the council does not conform to this division, such	45414
organizations may challenge the appointment pursuant to division	45415
(E) of this section, provided that the industry organizations only	45416
may challenge the appointment of an industry representative, and	45417
further provided that the labor organization only may challenge	45418
the appointment of a labor representative.	45419

(C) The nominating council annually shall meet and elect such	45420
officers as it determines appropriate and shall meet at such other	45421
times as it determines appropriate in order to make	45422
recommendations to the governor for the appointment of industrial	45423
commission members pursuant to section 4121.02 of the Revised	45424
Code. The nominating council may conduct a meeting by interactive	45425
video teleconference if provisions are made for public attendance	45426
at any location involved in the teleconference. Notwithstanding	45427
division (C) of section 121.22 of the Revised Code, all members of	45428
the nominating council, whether attending a meeting of the	45429
nominating council in person or by teleconference, are entitled to	45430
full and complete voting privileges on all nominating council	45431
matters.	45432

(D) Members of the nominating council shall be paid fifty	45433
dollars per day and their actual and necessary expenses while	45434
engaged in the performance of their duties as members of the	45435
nominating council, which the industrial commission shall pay from	45436
funds which the industrial commission uses to pay its operating	45437
expenses.	45438

(E) An association generally recognized as representing the	45439
interests of labor or industry may file, within fifteen days after	45440
the governor's appointment of a member, a challenge in the common	45441
pleas court of Franklin county asserting that a representative	45442
named to represent its interests is not representative of the	45443
interests the appointee has been appointed to represent. An	45444
appointee whose appointment has been challenged shall not receive	45445
any pay nor serve on the nominating council until the court,	45446
acting without a jury and following the expedited timetable	45447
provided for hearing on restraining orders in Civil Rule 65, makes	45448
a determination that the appointee is a true and qualified	45449
representative of the group for which the appointee is selected	45450
and possesses all of the qualifications.	45451

A challenged appointee may request the attorney general to	45452
represent the appointee in an action brought under this division	45453
and the attorney general shall provide the appointee with	45454
competent representation without charge.	45455

(F) As used in this section, "Ohio industry organizations"	45456
means all of the following organizations:	45457

(1) The Ohio self-insurers' association;

45458

(2) The Ohio manufacturers' association;

45459

(3) The Ohio council of retail merchants;

45460

(4) The Ohio chamber of commerce;

45461

(5) The national federation of independent business.

45462

Sec. 4121.123. (A) There is hereby created the workers'	45463
compensation board of directors nominating committee consisting of	45464
the following:	45465

(1) Three individuals who are members of affiliated employee	45466
organizations of the Ohio chapter of the American federation of	45467
labor-congress of industrial organizations, who are selected by	45468
the Ohio chapter of the American federation of labor-congress of	45469
industrial organizations and who, on account of their previous	45470
vocation, employment, or affiliations, can be classed as	45471
representative of employees who are members of an employee	45472
organization. Terms of office shall be for one year, with each	45473
term ending on the same day of the same month as did the term that	45474
it succeeds.	45475

(2) Two individuals who, on account of their previous	45476
vocation, employment, or affiliations, can be classed as	45477
representative of employees, one of whom shall be an injured	45478
worker with a valid, open, and active workers' compensation claim	45479
and at least one of these two representatives also shall represent	45480
employees who are not members of an employee organization. The	45481
president of the senate and the speaker of the house of	45482
representatives each shall appoint annually one of these members.	45483
The member who is an injured worker shall serve for a full term	45484
even if the member's workers' compensation claim is invalidated,	45485
closed, or inactivated during the member's term.	45486

(3) The chief executive officer, or the equivalent of the	45487
chief executive officer, of the Ohio chamber of commerce, the Ohio	45488
manufacturers' association, the Ohio self-insurers' association,	45489
the Ohio council of retail merchants, the national federation of	45490
independent business, and the Ohio farm bureau;	45491

(4) The director of development;

45492

(5) The president of the Ohio township association and the	45493
president of the Ohio county commissioners association, or~~, in~~if	45494
any of the following circumstances apply:	45495

(a) In the event of a vacancy in ~~the~~either presidency, a	45496
designee appointed by the governing body authorized to appoint the	45497
president. A designee so appointed shall serve on the nominating	45498
committee only until the vacancy in the presidency is filled.	45499

(b) In the event that the president of the Ohio township	45500
association is unavailable, a designee selected by the president;	45501

(c) In the event that the president of the Ohio county	45502
commissioners association is unavailable, a designee selected by	45503
the president.	45504

(B) Each member appointed under divisions (A)(1) and (2) of	45505
this section shall hold office from the date of the member's	45506
appointment until the end of the term for which the member was	45507
appointed. Such members may be reappointed. Vacancies shall be	45508
filled in the manner provided for original appointments. Any such	45509
member appointed to fill a vacancy occurring prior to the	45510
expiration date of the term for which the member's predecessor was	45511
appointed shall hold office as a member for the remainder of that	45512
term. Such a member shall continue in office subsequent to the	45513
expiration date of the member's term until the member's successor	45514
takes office or until a period of sixty days has elapsed,	45515
whichever occurs first.	45516

(C) The nominating committee shall meet at the request of the	45517
governor or as the nominating committee determines appropriate in	45518
order to make recommendations to the governor for the appointment	45519
of members of the bureau of workers' compensation board of	45520
directors under section 4121.12 of the Revised Code.	45521

(D) The director of development shall serve as chairperson of	45522
the nominating committee and have no voting rights on matters	45523
coming before the nominating committee, except that the director	45524
may vote in the event of a tie vote of the nominating committee.	45525
Annually, the nominating committee shall select a secretary from	45526
among its members. The nominating committee may adopt by-laws	45527
governing its proceedings.	45528

(E) Members of the nominating committee shall be paid their	45529
reasonable and necessary expenses pursuant to section 126.31 of	45530
the Revised Code while engaged in the performance of their duties	45531
as members of the nominating committee.	45532

(F) The nominating committee shall:

45533

(1) Review and evaluate possible appointees for the board. In	45534
reviewing and evaluating possible appointees for the board, the	45535
nominating committee may accept comments from, cooperate with, and	45536
request information from any person.	45537

(2) Make recommendations to the governor for the appointment	45538
of members to the board as provided in division (C) of section	45539
4121.12 of the Revised Code.	45540

(G) The nominating committee may make recommendations to the	45541
general assembly concerning changes in legislation that will	45542
assist the nominating committee in the performance of its duties.	45543

Sec. 4121.30. (A) All rules governing the operating	45544
procedure of the bureau of workers' compensation and the	45545
industrial commission shall be adopted in accordance with Chapter	45546
119. of the Revised Code, except that determinations of the	45547
bureau, district hearing officers, staff hearing officers, and the	45548
commission, with respect to an individual employee's claim to	45549
participate in the state insurance fund are governed only by	45550
Chapter 4123. of the Revised Code.	45551

The administrator of workers' compensation and commission	45552
shall proceed jointly, in accordance with Chapter 119. of the	45553
Revised Code, including a joint hearing, to adopt joint rules	45554
governing the operating procedures of the bureau and commission.	45555
~~The bureau shall publish the joint rules in a single publication.~~	45556

(B) Upon submission to the bureau or the commission of a	45557
petition containing not less than fifteen hundred signatures of	45558
adult residents of the state, any individual may propose a rule	45559
for adoption, amendment, or rescission by the bureau or the	45560
commission. If, upon investigation, the bureau or commission is	45561
satisfied that the signatures upon the petition are valid, it	45562
shall proceed, in accordance with Chapter 119. of the Revised	45563
Code, to consider adoption, amendment, or rescission of the rule.	45564

(C) The administrator shall ~~publish~~make available	45565
electronically all rules adopted by the bureau and the commission	45566
~~in a single publication~~ and shall make available in a timely	45567
manner ~~and at cost copies of~~ all rules adopted by the bureau and	45568
the commission that are currently in force. ~~For that purpose, the~~	45569
~~administrator shall maintain a mailing list of all persons~~	45570
~~requesting copies of the rules.~~	45571

(D) The rule-making authority granted to the administrator	45572
under this section does not limit the commission's rule-making	45573
authority relative to its overall adjudicatory policy-making and	45574
management duties under this chapter and Chapters 4123., 4127.,	45575
and 4131. of the Revised Code. The administrator shall not	45576
disregard any rule adopted by the commission, provided that the	45577
rule is within the commission's rule-making authority.	45578

Sec. 4123.20. The administrator of workers' compensation	45579
shall ~~cause to be printed, in proper form for distribution~~make	45580
available electronically to the public, its classifications,	45581
rates, rules, and rules of procedure, and shall furnish the same	45582
to any person upon ~~application therefor, and the fact that the~~	45583
~~classifications, rates, rules, and rules of procedure are printed~~	45584
~~ready for distribution to all who apply for the same is a~~	45585
~~sufficient publication of the same as required by this chapter~~	45586
request.	45587

Sec. 4123.35. (A) Except as provided in this section, every	45588
employer mentioned in division (B)(2) of section 4123.01 of the	45589
Revised Code, and every publicly owned utility shall pay	45590
semiannually in the months of January and July into the state	45591
insurance fund the amount of annual premium the administrator of	45592
workers' compensation fixes for the employment or occupation of	45593
the employer, the amount of which premium to be paid by each	45594
employer to be determined by the classifications, rules, and rates	45595
made and published by the administrator. The employer shall pay	45596
semiannually a further sum of money into the state insurance fund	45597
as may be ascertained to be due from the employer by applying the	45598
rules of the administrator, and a receipt or certificate	45599
certifying that payment has been made, along with a written notice	45600
as is required in section 4123.54 of the Revised Code, shall be	45601
mailed immediately to the employer by the bureau of workers'	45602
compensation. The receipt or certificate is prima-facie evidence	45603
of the payment of the premium, and the proper posting of the	45604
notice constitutes the employer's compliance with the notice	45605
requirement mandated in section 4123.54 of the Revised Code.	45606

The bureau of workers' compensation shall verify with the	45607
secretary of state the existence of all corporations and	45608
organizations making application for workers' compensation	45609
coverage and shall require every such application to include the	45610
employer's federal identification number.	45611

An employer as defined in division (B)(2) of section 4123.01	45612
of the Revised Code who has contracted with a subcontractor is	45613
liable for the unpaid premium due from any subcontractor with	45614
respect to that part of the payroll of the subcontractor that is	45615
for work performed pursuant to the contract with the employer.	45616

Division (A) of this section providing for the payment of	45617
premiums semiannually does not apply to any employer who was a	45618
subscriber to the state insurance fund prior to January 1, 1914,	45619
or who may first become a subscriber to the fund in any month	45620
other than January or July. Instead, the semiannual premiums shall	45621
be paid by those employers from time to time upon the expiration	45622
of the respective periods for which payments into the fund have	45623
been made by them.	45624

The administrator shall adopt rules to permit employers to	45625
make periodic payments of the semiannual premium due under this	45626
division. The rules shall include provisions for the assessment of	45627
interest charges, where appropriate, and for the assessment of	45628
penalties when an employer fails to make timely premium payments.	45629
An employer who timely pays the amounts due under this division is	45630
entitled to all of the benefits and protections of this chapter.	45631
Upon receipt of payment, the bureau immediately shall mail a	45632
receipt or certificate to the employer certifying that payment has	45633
been made, which receipt is prima-facie evidence of payment.	45634
Workers' compensation coverage under this chapter continues	45635
uninterrupted upon timely receipt of payment under this division.	45636

Every public employer, except public employers that are	45637
self-insuring employers under this section, shall comply with	45638
sections 4123.38 to 4123.41, and 4123.48 of the Revised Code in	45639
regard to the contribution of moneys to the public insurance fund.	45640

(B) Employers who will abide by the rules of the	45641
administrator and who may be of sufficient financial ability to	45642
render certain the payment of compensation to injured employees or	45643
the dependents of killed employees, and the furnishing of medical,	45644
surgical, nursing, and hospital attention and services and	45645
medicines, and funeral expenses, equal to or greater than is	45646
provided for in sections 4123.52, 4123.55 to 4123.62, and 4123.64	45647
to 4123.67 of the Revised Code, and who do not desire to insure	45648
the payment thereof or indemnify themselves against loss sustained	45649
by the direct payment thereof, upon a finding of such facts by the	45650
administrator, may be granted the privilege to pay individually	45651
compensation, and furnish medical, surgical, nursing, and hospital	45652
services and attention and funeral expenses directly to injured	45653
employees or the dependents of killed employees, thereby being	45654
granted status as a self-insuring employer. The administrator may	45655
charge employers who apply for the status as a self-insuring	45656
employer a reasonable application fee to cover the bureau's costs	45657
in connection with processing and making a determination with	45658
respect to an application.	45659

All employers granted status as self-insuring employers shall	45660
demonstrate sufficient financial and administrative ability to	45661
assure that all obligations under this section are promptly met.	45662
The administrator shall deny the privilege where the employer is	45663
unable to demonstrate the employer's ability to promptly meet all	45664
the obligations imposed on the employer by this section.	45665

(1) The administrator shall consider, but is not limited to,	45666
the following factors, where applicable, in determining the	45667
employer's ability to meet all of the obligations imposed on the	45668
employer by this section:	45669

(a) The employer employs a minimum of five hundred employees	45670
in this state;	45671

(b) The employer has operated in this state for a minimum of	45672
two years, provided that an employer who has purchased, acquired,	45673
or otherwise succeeded to the operation of a business, or any part	45674
thereof, situated in this state that has operated for at least two	45675
years in this state, also shall qualify;	45676

(c) Where the employer previously contributed to the state	45677
insurance fund or is a successor employer as defined by bureau	45678
rules, the amount of the buyout, as defined by bureau rules;	45679

(d) The sufficiency of the employer's assets located in this	45680
state to insure the employer's solvency in paying compensation	45681
directly;	45682

(e) The financial records, documents, and data, certified by	45683
a certified public accountant, necessary to provide the employer's	45684
full financial disclosure. The records, documents, and data	45685
include, but are not limited to, balance sheets and profit and	45686
loss history for the current year and previous four years.	45687

(f) The employer's organizational plan for the administration	45688
of the workers' compensation law;	45689

(g) The employer's proposed plan to inform employees of the	45690
change from a state fund insurer to a self-insuring employer, the	45691
procedures the employer will follow as a self-insuring employer,	45692
and the employees' rights to compensation and benefits; and	45693

(h) The employer has either an account in a financial	45694
institution in this state, or if the employer maintains an account	45695
with a financial institution outside this state, ensures that	45696
workers' compensation checks are drawn from the same account as	45697
payroll checks or the employer clearly indicates that payment will	45698
be honored by a financial institution in this state.	45699

The administrator may waive the requirements of divisions	45700
(B)(1)(a) and (b) of this section and the requirement of division	45701
(B)(1)(e) of this section that the financial records, documents,	45702
and data be certified by a certified public accountant. The	45703
administrator shall adopt rules establishing the criteria that an	45704
employer shall meet in order for the administrator to waive the	45705
requirement of division (B)(1)(e) of this section. Such rules may	45706
require additional security of that employer pursuant to division	45707
(E) of section 4123.351 of the Revised Code.	45708

The administrator shall not grant the status of self-insuring	45709
employer to the state, except that the administrator may grant the	45710
status of self-insuring employer to a state institution of higher	45711
education, ~~excluding~~including its hospitals, that meets the	45712
requirements of division (B)(2) of this section.	45713

(2) When considering the application of a public employer,	45714
except for a board of county commissioners described in division	45715
(G) of section 4123.01 of the Revised Code, a board of a county	45716
hospital, or a publicly owned utility, the administrator shall	45717
verify that the public employer satisfies all of the following	45718
requirements as the requirements apply to that public employer:	45719

(a) For the two-year period preceding application under this	45720
section, the public employer has maintained an unvoted debt	45721
capacity equal to at least two times the amount of the current	45722
annual premium established by the administrator under this chapter	45723
for that public employer for the year immediately preceding the	45724
year in which the public employer makes application under this	45725
section.	45726

(b) For each of the two fiscal years preceding application	45727
under this section, the unreserved and undesignated year-end fund	45728
balance in the public employer's general fund is equal to at least	45729
five per cent of the public employer's general fund revenues for	45730
the fiscal year computed in accordance with generally accepted	45731
accounting principles.	45732

(c) For the five-year period preceding application under this	45733
section, the public employer, to the extent applicable, has	45734
complied fully with the continuing disclosure requirements	45735
established in rules adopted by the United States securities and	45736
exchange commission under 17 C.F.R. 240.15c 2-12.	45737

(d) For the five-year period preceding application under this	45738
section, the public employer has not had its local government fund	45739
distribution withheld on account of the public employer being	45740
indebted or otherwise obligated to the state.	45741

(e) For the five-year period preceding application under this	45742
section, the public employer has not been under a fiscal watch or	45743
fiscal emergency pursuant to section 118.023, 118.04, or 3316.03	45744
of the Revised Code.	45745

(f) For the public employer's fiscal year preceding	45746
application under this section, the public employer has obtained	45747
an annual financial audit as required under section 117.10 of the	45748
Revised Code, which has been released by the auditor of state	45749
within seven months after the end of the public employer's fiscal	45750
year.	45751

(g) On the date of application, the public employer holds a	45752
debt rating of Aa3 or higher according to Moody's investors	45753
service, inc., or a comparable rating by an independent rating	45754
agency similar to Moody's investors service, inc.	45755

(h) The public employer agrees to generate an annual	45756
accumulating book reserve in its financial statements reflecting	45757
an actuarially generated reserve adequate to pay projected claims	45758
under this chapter for the applicable period of time, as	45759
determined by the administrator.	45760

(i) For a public employer that is a hospital, the public	45761
employer shall submit audited financial statements showing the	45762
hospital's overall liquidity characteristics, and the	45763
administrator shall determine, on an individual basis, whether the	45764
public employer satisfies liquidity standards equivalent to the	45765
liquidity standards of other public employers.	45766

(j) Any additional criteria that the administrator adopts by	45767
rule pursuant to division (E) of this section.	45768

The administrator may adopt rules establishing the criteria	45769
that a public employer shall satisfy in order for the	45770
administrator to waive any of the requirements listed in divisions	45771
(B)(2)(a) to (j) of this section. The rules may require additional	45772
security from that employer pursuant to division (E) of section	45773
4123.351 of the Revised Code. The administrator shall not waive	45774
any of the requirements listed in divisions (B)(2)(a) to (j) of	45775
this section for a public employer who does not satisfy the	45776
criteria established in the rules the administrator adopts.	45777

(C) A board of county commissioners described in division (G)	45778
of section 4123.01 of the Revised Code, as an employer, that will	45779
abide by the rules of the administrator and that may be of	45780
sufficient financial ability to render certain the payment of	45781
compensation to injured employees or the dependents of killed	45782
employees, and the furnishing of medical, surgical, nursing, and	45783
hospital attention and services and medicines, and funeral	45784
expenses, equal to or greater than is provided for in sections	45785
4123.52, 4123.55 to 4123.62, and 4123.64 to 4123.67 of the Revised	45786
Code, and that does not desire to insure the payment thereof or	45787
indemnify itself against loss sustained by the direct payment	45788
thereof, upon a finding of such facts by the administrator, may be	45789
granted the privilege to pay individually compensation, and	45790
furnish medical, surgical, nursing, and hospital services and	45791
attention and funeral expenses directly to injured employees or	45792
the dependents of killed employees, thereby being granted status	45793
as a self-insuring employer. The administrator may charge a board	45794
of county commissioners described in division (G) of section	45795
4123.01 of the Revised Code that applies for the status as a	45796
self-insuring employer a reasonable application fee to cover the	45797
bureau's costs in connection with processing and making a	45798
determination with respect to an application. All employers	45799
granted such status shall demonstrate sufficient financial and	45800
administrative ability to assure that all obligations under this	45801
section are promptly met. The administrator shall deny the	45802
privilege where the employer is unable to demonstrate the	45803
employer's ability to promptly meet all the obligations imposed on	45804
the employer by this section. The administrator shall consider,	45805
but is not limited to, the following factors, where applicable, in	45806
determining the employer's ability to meet all of the obligations	45807
imposed on the board as an employer by this section:	45808

(1) The board as an employer employs a minimum of five	45809
hundred employees in this state;	45810

(2) The board has operated in this state for a minimum of two	45811
years;	45812

(3) Where the board previously contributed to the state	45813
insurance fund or is a successor employer as defined by bureau	45814
rules, the amount of the buyout, as defined by bureau rules;	45815

(4) The sufficiency of the board's assets located in this	45816
state to insure the board's solvency in paying compensation	45817
directly;	45818

(5) The financial records, documents, and data, certified by	45819
a certified public accountant, necessary to provide the board's	45820
full financial disclosure. The records, documents, and data	45821
include, but are not limited to, balance sheets and profit and	45822
loss history for the current year and previous four years.	45823

(6) The board's organizational plan for the administration of	45824
the workers' compensation law;	45825

(7) The board's proposed plan to inform employees of the	45826
proposed self-insurance, the procedures the board will follow as a	45827
self-insuring employer, and the employees' rights to compensation	45828
and benefits;	45829

(8) The board has either an account in a financial	45830
institution in this state, or if the board maintains an account	45831
with a financial institution outside this state, ensures that	45832
workers' compensation checks are drawn from the same account as	45833
payroll checks or the board clearly indicates that payment will be	45834
honored by a financial institution in this state;	45835

(9) The board shall provide the administrator a surety bond	45836
in an amount equal to one hundred twenty-five per cent of the	45837
projected losses as determined by the administrator.	45838

(D) The administrator shall require a surety bond from all	45839
self-insuring employers, issued pursuant to section 4123.351 of	45840
the Revised Code, that is sufficient to compel, or secure to	45841
injured employees, or to the dependents of employees killed, the	45842
payment of compensation and expenses, which shall in no event be	45843
less than that paid or furnished out of the state insurance fund	45844
in similar cases to injured employees or to dependents of killed	45845
employees whose employers contribute to the fund, except when an	45846
employee of the employer, who has suffered the loss of a hand,	45847
arm, foot, leg, or eye prior to the injury for which compensation	45848
is to be paid, and thereafter suffers the loss of any other of the	45849
members as the result of any injury sustained in the course of and	45850
arising out of the employee's employment, the compensation to be	45851
paid by the self-insuring employer is limited to the disability	45852
suffered in the subsequent injury, additional compensation, if	45853
any, to be paid by the bureau out of the surplus created by	45854
section 4123.34 of the Revised Code.	45855

(E) In addition to the requirements of this section, the	45856
administrator shall make and publish rules governing the manner of	45857
making application and the nature and extent of the proof required	45858
to justify a finding of fact by the administrator as to granting	45859
the status of a self-insuring employer, which rules shall be	45860
general in their application, one of which rules shall provide	45861
that all self-insuring employers shall pay into the state	45862
insurance fund such amounts as are required to be credited to the	45863
surplus fund in division (B) of section 4123.34 of the Revised	45864
Code. The administrator may adopt rules establishing requirements	45865
in addition to the requirements described in division (B)(2) of	45866
this section that a public employer shall meet in order to qualify	45867
for self-insuring status.	45868

Employers shall secure directly from the bureau central	45869
offices application forms upon which the bureau shall stamp a	45870
designating number. Prior to submission of an application, an	45871
employer shall make available to the bureau, and the bureau shall	45872
review, the information described in division (B)(1) of this	45873
section, and public employers shall make available, and the bureau	45874
shall review, the information necessary to verify whether the	45875
public employer meets the requirements listed in division (B)(2)	45876
of this section. An employer shall file the completed application	45877
forms with an application fee, which shall cover the costs of	45878
processing the application, as established by the administrator,	45879
by rule, with the bureau at least ninety days prior to the	45880
effective date of the employer's new status as a self-insuring	45881
employer. The application form is not deemed complete until all	45882
the required information is attached thereto. The bureau shall	45883
only accept applications that contain the required information.	45884

(F) The bureau shall review completed applications within a	45885
reasonable time. If the bureau determines to grant an employer the	45886
status as a self-insuring employer, the bureau shall issue a	45887
statement, containing its findings of fact, that is prepared by	45888
the bureau and signed by the administrator. If the bureau	45889
determines not to grant the status as a self-insuring employer,	45890
the bureau shall notify the employer of the determination and	45891
require the employer to continue to pay its full premium into the	45892
state insurance fund. The administrator also shall adopt rules	45893
establishing a minimum level of performance as a criterion for	45894
granting and maintaining the status as a self-insuring employer	45895
and fixing time limits beyond which failure of the self-insuring	45896
employer to provide for the necessary medical examinations and	45897
evaluations may not delay a decision on a claim.	45898

(G) The administrator shall adopt rules setting forth	45899
procedures for auditing the program of self-insuring employers.	45900
The bureau shall conduct the audit upon a random basis or whenever	45901
the bureau has grounds for believing that a self-insuring employer	45902
is not in full compliance with bureau rules or this chapter.	45903

The administrator shall monitor the programs conducted by	45904
self-insuring employers, to ensure compliance with bureau	45905
requirements and for that purpose, shall develop and issue to	45906
self-insuring employers standardized forms for use by the	45907
self-insuring employer in all aspects of the self-insuring	45908
employers' direct compensation program and for reporting of	45909
information to the bureau.	45910

The bureau shall receive and transmit to the self-insuring	45911
employer all complaints concerning any self-insuring employer. In	45912
the case of a complaint against a self-insuring employer, the	45913
administrator shall handle the complaint through the	45914
self-insurance division of the bureau. The bureau shall maintain a	45915
file by employer of all complaints received that relate to the	45916
employer. The bureau shall evaluate each complaint and take	45917
appropriate action.	45918

The administrator shall adopt as a rule a prohibition against	45919
any self-insuring employer from harassing, dismissing, or	45920
otherwise disciplining any employee making a complaint, which rule	45921
shall provide for a financial penalty to be levied by the	45922
administrator payable by the offending self-insuring employer.	45923

(H) For the purpose of making determinations as to whether to	45924
grant status as a self-insuring employer, the administrator may	45925
subscribe to and pay for a credit reporting service that offers	45926
financial and other business information about individual	45927
employers. The costs in connection with the bureau's subscription	45928
or individual reports from the service about an applicant may be	45929
included in the application fee charged employers under this	45930
section.	45931

(I) The administrator, notwithstanding other provisions of	45932
this chapter, may permit a self-insuring employer to resume	45933
payment of premiums to the state insurance fund with appropriate	45934
credit modifications to the employer's basic premium rate as such	45935
rate is determined pursuant to section 4123.29 of the Revised	45936
Code.	45937

(J) On the first day of July of each year, the administrator	45938
shall calculate separately each self-insuring employer's	45939
assessments for the safety and hygiene fund, administrative costs	45940
pursuant to section 4123.342 of the Revised Code, and for the	45941
portion of the surplus fund under division (B) of section 4123.34	45942
of the Revised Code that is not used for handicapped	45943
reimbursement, on the basis of the paid compensation attributable	45944
to the individual self-insuring employer according to the	45945
following calculation:	45946

(1) The total assessment against all self-insuring employers	45947
as a class for each fund and for the administrative costs for the	45948
year that the assessment is being made, as determined by the	45949
administrator, divided by the total amount of paid compensation	45950
for the previous calendar year attributable to all amenable	45951
self-insuring employers;	45952

(2) Multiply the quotient in division (J)(1) of this section	45953
by the total amount of paid compensation for the previous calendar	45954
year that is attributable to the individual self-insuring employer	45955
for whom the assessment is being determined. Each self-insuring	45956
employer shall pay the assessment that results from this	45957
calculation, unless the assessment resulting from this calculation	45958
falls below a minimum assessment, which minimum assessment the	45959
administrator shall determine on the first day of July of each	45960
year with the advice and consent of the bureau of workers'	45961
compensation board of directors, in which event, the self-insuring	45962
employer shall pay the minimum assessment.	45963

In determining the total amount due for the total assessment	45964
against all self-insuring employers as a class for each fund and	45965
the administrative assessment, the administrator shall reduce	45966
proportionately the total for each fund and assessment by the	45967
amount of money in the self-insurance assessment fund as of the	45968
date of the computation of the assessment.	45969

The administrator shall calculate the assessment for the	45970
portion of the surplus fund under division (B) of section 4123.34	45971
of the Revised Code that is used for handicapped reimbursement in	45972
the same manner as set forth in divisions (J)(1) and (2) of this	45973
section except that the administrator shall calculate the total	45974
assessment for this portion of the surplus fund only on the basis	45975
of those self-insuring employers that retain participation in the	45976
handicapped reimbursement program and the individual self-insuring	45977
employer's proportion of paid compensation shall be calculated	45978
only for those self-insuring employers who retain participation in	45979
the handicapped reimbursement program. The administrator, as the	45980
administrator determines appropriate, may determine the total	45981
assessment for the handicapped portion of the surplus fund in	45982
accordance with sound actuarial principles.	45983

The administrator shall calculate the assessment for the	45984
portion of the surplus fund under division (B) of section 4123.34	45985
of the Revised Code that under division (D) of section 4121.66 of	45986
the Revised Code is used for rehabilitation costs in the same	45987
manner as set forth in divisions (J)(1) and (2) of this section,	45988
except that the administrator shall calculate the total assessment	45989
for this portion of the surplus fund only on the basis of those	45990
self-insuring employers who have not made the election to make	45991
payments directly under division (D) of section 4121.66 of the	45992
Revised Code and an individual self-insuring employer's proportion	45993
of paid compensation only for those self-insuring employers who	45994
have not made that election.	45995

The administrator shall calculate the assessment for the	45996
portion of the surplus fund under division (B) of section 4123.34	45997
of the Revised Code that is used for reimbursement to a	45998
self-insuring employer under division (H) of section 4123.512 of	45999
the Revised Code in the same manner as set forth in divisions	46000
(J)(1) and (2) of this section except that the administrator shall	46001
calculate the total assessment for this portion of the surplus	46002
fund only on the basis of those self-insuring employers that	46003
retain participation in reimbursement to the self-insuring	46004
employer under division (H) of section 4123.512 of the Revised	46005
Code and the individual self-insuring employer's proportion of	46006
paid compensation shall be calculated only for those self-insuring	46007
employers who retain participation in reimbursement to the	46008
self-insuring employer under division (H) of section 4123.512 of	46009
the Revised Code.	46010

An employer who no longer is a self-insuring employer in this	46011
state or who no longer is operating in this state, shall continue	46012
to pay assessments for administrative costs and for the portion of	46013
the surplus fund under division (B) of section 4123.34 of the	46014
Revised Code that is not used for handicapped reimbursement, based	46015
upon paid compensation attributable to claims that occurred while	46016
the employer was a self-insuring employer within this state.	46017

(K) There is hereby created in the state treasury the	46018
self-insurance assessment fund. All investment earnings of the	46019
fund shall be deposited in the fund. The administrator shall use	46020
the money in the self-insurance assessment fund only for	46021
administrative costs as specified in section 4123.341 of the	46022
Revised Code.	46023

(L) Every self-insuring employer shall certify, in affidavit	46024
form subject to the penalty for perjury, to the bureau the amount	46025
of the self-insuring employer's paid compensation for the previous	46026
calendar year. In reporting paid compensation paid for the	46027
previous year, a self-insuring employer shall exclude from the	46028
total amount of paid compensation any reimbursement the	46029
self-insuring employer receives in the previous calendar year from	46030
the surplus fund pursuant to section 4123.512 of the Revised Code	46031
for any paid compensation. The self-insuring employer also shall	46032
exclude from the paid compensation reported any amount recovered	46033
under section 4123.931 of the Revised Code and any amount that is	46034
determined not to have been payable to or on behalf of a claimant	46035
in any final administrative or judicial proceeding. The	46036
self-insuring employer shall exclude such amounts from the paid	46037
compensation reported in the reporting period subsequent to the	46038
date the determination is made. The administrator shall adopt	46039
rules, in accordance with Chapter 119. of the Revised Code, that	46040
provide for all of the following:	46041

(1) Establishing the date by which self-insuring employers	46042
must submit such information and the amount of the assessments	46043
provided for in division (J) of this section for employers who	46044
have been granted self-insuring status within the last calendar	46045
year;	46046

(2) If an employer fails to pay the assessment when due, the	46047
administrator may add a late fee penalty of not more than five	46048
hundred dollars to the assessment plus an additional penalty	46049
amount as follows:	46050

(a) For an assessment from sixty-one to ninety days past due,	46051
the prime interest rate, multiplied by the assessment due;	46052

(b) For an assessment from ninety-one to one hundred twenty	46053
days past due, the prime interest rate plus two per cent,	46054
multiplied by the assessment due;	46055

(c) For an assessment from one hundred twenty-one to one	46056
hundred fifty days past due, the prime interest rate plus four per	46057
cent, multiplied by the assessment due;	46058

(d) For an assessment from one hundred fifty-one to one	46059
hundred eighty days past due, the prime interest rate plus six per	46060
cent, multiplied by the assessment due;	46061

(e) For an assessment from one hundred eighty-one to two	46062
hundred ten days past due, the prime interest rate plus eight per	46063
cent, multiplied by the assessment due;	46064

(f) For each additional thirty-day period or portion thereof	46065
that an assessment remains past due after it has remained past due	46066
for more than two hundred ten days, the prime interest rate plus	46067
eight per cent, multiplied by the assessment due.	46068

(3) An employer may appeal a late fee penalty and penalty	46069
assessment to the administrator.	46070

For purposes of division (L)(2) of this section, "prime	46071
interest rate" means the average bank prime rate, and the	46072
administrator shall determine the prime interest rate in the same	46073
manner as a county auditor determines the average bank prime rate	46074
under section 929.02 of the Revised Code.	46075

The administrator shall include any assessment and penalties	46076
that remain unpaid for previous assessment periods in the	46077
calculation and collection of any assessments due under this	46078
division or division (J) of this section.	46079

(M) As used in this section, "paid compensation" means all	46080
amounts paid by a self-insuring employer for living maintenance	46081
benefits, all amounts for compensation paid pursuant to sections	46082
4121.63, 4121.67, 4123.56, 4123.57, 4123.58, 4123.59, 4123.60, and	46083
4123.64 of the Revised Code, all amounts paid as wages in lieu of	46084
such compensation, all amounts paid in lieu of such compensation	46085
under a nonoccupational accident and sickness program fully funded	46086
by the self-insuring employer, and all amounts paid by a	46087
self-insuring employer for a violation of a specific safety	46088
standard pursuant to Section 35 of Article II, Ohio Constitution	46089
and section 4121.47 of the Revised Code.	46090

(N) Should any section of this chapter or Chapter 4121. of	46091
the Revised Code providing for self-insuring employers'	46092
assessments based upon compensation paid be declared	46093
unconstitutional by a final decision of any court, then that	46094
section of the Revised Code declared unconstitutional shall revert	46095
back to the section in existence prior to November 3, 1989,	46096
providing for assessments based upon payroll.	46097

(O) The administrator may grant a self-insuring employer the	46098
privilege to self-insure a construction project entered into by	46099
the self-insuring employer that is scheduled for completion within	46100
six years after the date the project begins, and the total cost of	46101
which is estimated to exceed one hundred million dollars or, for	46102
employers described in division (R) of this section, if the	46103
construction project is estimated to exceed twenty-five million	46104
dollars. The administrator may waive such cost and time criteria	46105
and grant a self-insuring employer the privilege to self-insure a	46106
construction project regardless of the time needed to complete the	46107
construction project and provided that the cost of the	46108
construction project is estimated to exceed fifty million dollars.	46109
A self-insuring employer who desires to self-insure a construction	46110
project shall submit to the administrator an application listing	46111
the dates the construction project is scheduled to begin and end,	46112
the estimated cost of the construction project, the contractors	46113
and subcontractors whose employees are to be self-insured by the	46114
self-insuring employer, the provisions of a safety program that is	46115
specifically designed for the construction project, and a	46116
statement as to whether a collective bargaining agreement	46117
governing the rights, duties, and obligations of each of the	46118
parties to the agreement with respect to the construction project	46119
exists between the self-insuring employer and a labor	46120
organization.	46121

A self-insuring employer may apply to self-insure the	46122
employees of either of the following:	46123

(1) All contractors and subcontractors who perform labor or	46124
work or provide materials for the construction project;	46125

(2) All contractors and, at the administrator's discretion, a	46126
substantial number of all the subcontractors who perform labor or	46127
work or provide materials for the construction project.	46128

Upon approval of the application, the administrator shall	46129
mail a certificate granting the privilege to self-insure the	46130
construction project to the self-insuring employer. The	46131
certificate shall contain the name of the self-insuring employer	46132
and the name, address, and telephone number of the self-insuring	46133
employer's representatives who are responsible for administering	46134
workers' compensation claims for the construction project. The	46135
self-insuring employer shall post the certificate in a conspicuous	46136
place at the site of the construction project.	46137

The administrator shall maintain a record of the contractors	46138
and subcontractors whose employees are covered under the	46139
certificate issued to the self-insured employer. A self-insuring	46140
employer immediately shall notify the administrator when any	46141
contractor or subcontractor is added or eliminated from inclusion	46142
under the certificate.	46143

Upon approval of the application, the self-insuring employer	46144
is responsible for the administration and payment of all claims	46145
under this chapter and Chapter 4121. of the Revised Code for the	46146
employees of the contractor and subcontractors covered under the	46147
certificate who receive injuries or are killed in the course of	46148
and arising out of employment on the construction project, or who	46149
contract an occupational disease in the course of employment on	46150
the construction project. For purposes of this chapter and Chapter	46151
4121. of the Revised Code, a claim that is administered and paid	46152
in accordance with this division is considered a claim against the	46153
self-insuring employer listed in the certificate. A contractor or	46154
subcontractor included under the certificate shall report to the	46155
self-insuring employer listed in the certificate, all claims that	46156
arise under this chapter and Chapter 4121. of the Revised Code in	46157
connection with the construction project for which the certificate	46158
is issued.	46159

A self-insuring employer who complies with this division is	46160
entitled to the protections provided under this chapter and	46161
Chapter 4121. of the Revised Code with respect to the employees of	46162
the contractors and subcontractors covered under a certificate	46163
issued under this division for death or injuries that arise out	46164
of, or death, injuries, or occupational diseases that arise in the	46165
course of, those employees' employment on that construction	46166
project, as if the employees were employees of the self-insuring	46167
employer, provided that the self-insuring employer also complies	46168
with this section. No employee of the contractors and	46169
subcontractors covered under a certificate issued under this	46170
division shall be considered the employee of the self-insuring	46171
employer listed in that certificate for any purposes other than	46172
this chapter and Chapter 4121. of the Revised Code. Nothing in	46173
this division gives a self-insuring employer authority to control	46174
the means, manner, or method of employment of the employees of the	46175
contractors and subcontractors covered under a certificate issued	46176
under this division.	46177

The contractors and subcontractors included under a	46178
certificate issued under this division are entitled to the	46179
protections provided under this chapter and Chapter 4121. of the	46180
Revised Code with respect to the contractor's or subcontractor's	46181
employees who are employed on the construction project which is	46182
the subject of the certificate, for death or injuries that arise	46183
out of, or death, injuries, or occupational diseases that arise in	46184
the course of, those employees' employment on that construction	46185
project.	46186

The contractors and subcontractors included under a	46187
certificate issued under this division shall identify in their	46188
payroll records the employees who are considered the employees of	46189
the self-insuring employer listed in that certificate for purposes	46190
of this chapter and Chapter 4121. of the Revised Code, and the	46191
amount that those employees earned for employment on the	46192
construction project that is the subject of that certificate.	46193
Notwithstanding any provision to the contrary under this chapter	46194
and Chapter 4121. of the Revised Code, the administrator shall	46195
exclude the payroll that is reported for employees who are	46196
considered the employees of the self-insuring employer listed in	46197
that certificate, and that the employees earned for employment on	46198
the construction project that is the subject of that certificate,	46199
when determining those contractors' or subcontractors' premiums or	46200
assessments required under this chapter and Chapter 4121. of the	46201
Revised Code. A self-insuring employer issued a certificate under	46202
this division shall include in the amount of paid compensation it	46203
reports pursuant to division (L) of this section, the amount of	46204
paid compensation the self-insuring employer paid pursuant to this	46205
division for the previous calendar year.	46206

Nothing in this division shall be construed as altering the	46207
rights of employees under this chapter and Chapter 4121. of the	46208
Revised Code as those rights existed prior to September 17, 1996.	46209
Nothing in this division shall be construed as altering the rights	46210
devolved under sections 2305.31 and 4123.82 of the Revised Code as	46211
those rights existed prior to September 17, 1996.	46212

As used in this division, "privilege to self-insure a	46213
construction project" means privilege to pay individually	46214
compensation, and to furnish medical, surgical, nursing, and	46215
hospital services and attention and funeral expenses directly to	46216
injured employees or the dependents of killed employees.	46217

(P) A self-insuring employer whose application is granted	46218
under division (O) of this section shall designate a safety	46219
professional to be responsible for the administration and	46220
enforcement of the safety program that is specifically designed	46221
for the construction project that is the subject of the	46222
application.	46223

A self-insuring employer whose application is granted under	46224
division (O) of this section shall employ an ombudsperson for the	46225
construction project that is the subject of the application. The	46226
ombudsperson shall have experience in workers' compensation or the	46227
construction industry, or both. The ombudsperson shall perform all	46228
of the following duties:	46229

(1) Communicate with and provide information to employees who	46230
are injured in the course of, or whose injury arises out of	46231
employment on the construction project, or who contract an	46232
occupational disease in the course of employment on the	46233
construction project;	46234

(2) Investigate the status of a claim upon the request of an	46235
employee to do so;	46236

(3) Provide information to claimants, third party	46237
administrators, employers, and other persons to assist those	46238
persons in protecting their rights under this chapter and Chapter	46239
4121. of the Revised Code.	46240

A self-insuring employer whose application is granted under	46241
division (O) of this section shall post the name of the safety	46242
professional and the ombudsperson and instructions for contacting	46243
the safety professional and the ombudsperson in a conspicuous	46244
place at the site of the construction project.	46245

(Q) The administrator may consider all of the following when	46246
deciding whether to grant a self-insuring employer the privilege	46247
to self-insure a construction project as provided under division	46248
(O) of this section:	46249

(1) Whether the self-insuring employer has an organizational	46250
plan for the administration of the workers' compensation law;	46251

(2) Whether the safety program that is specifically designed	46252
for the construction project provides for the safety of employees	46253
employed on the construction project, is applicable to all	46254
contractors and subcontractors who perform labor or work or	46255
provide materials for the construction project, and has as a	46256
component, a safety training program that complies with standards	46257
adopted pursuant to the "Occupational Safety and Health Act of	46258
1970," 84 Stat. 1590, 29 U.S.C.A. 651, and provides for continuing	46259
management and employee involvement;	46260

(3) Whether granting the privilege to self-insure the	46261
construction project will reduce the costs of the construction	46262
project;	46263

(4) Whether the self-insuring employer has employed an	46264
ombudsperson as required under division (P) of this section;	46265

(5) Whether the self-insuring employer has sufficient surety	46266
to secure the payment of claims for which the self-insuring	46267
employer would be responsible pursuant to the granting of the	46268
privilege to self-insure a construction project under division (O)	46269
of this section.	46270

(R) As used in divisions (O), (P), and (Q), "self-insuring	46271
employer" includes the following employers, whether or not they	46272
have been granted the status of being a self-insuring employer	46273
under division (B) of this section:	46274

(1) A state institution of higher education;

46275

(2) A school district;

46276

(3) A county school financing district;

46277

(4) An educational service center;

46278

(5) A community school established under Chapter 3314. of the	46279
Revised Code;	46280

(6) A municipal power agency as defined in section 3734.058	46281
of the Revised Code.	46282

(S) As used in this section:

46283

(1) "Unvoted debt capacity" means the amount of money that a	46284
public employer may borrow without voter approval of a tax levy;	46285

(2) "State institution of higher education" means the state	46286
universities listed in section 3345.011 of the Revised Code,	46287
community colleges created pursuant to Chapter 3354. of the	46288
Revised Code, university branches created pursuant to Chapter	46289
3355. of the Revised Code, technical colleges created pursuant to	46290
Chapter 3357. of the Revised Code, and state community colleges	46291
created pursuant to Chapter 3358. of the Revised Code.	46292

Sec. 4123.54. (A) Except as otherwise provided in ~~division~~	46293
divisions (I) and (K) of this section, every employee, who is	46294
injured or who contracts an occupational disease, and the	46295
dependents of each employee who is killed, or dies as the result	46296
of an occupational disease contracted in the course of employment,	46297
wherever such injury has occurred or occupational disease has been	46298
contracted, provided the same were not:	46299

(1) Purposely self-inflicted; or

46300

(2) Caused by the employee being intoxicated or under the	46301
influence of a controlled substance not prescribed by a physician	46302
where the intoxication or being under the influence of the	46303
controlled substance not prescribed by a physician was the	46304
proximate cause of the injury, is entitled to receive, either	46305
directly from the employee's self-insuring employer as provided in	46306
section 4123.35 of the Revised Code, or from the state insurance	46307
fund, the compensation for loss sustained on account of the	46308
injury, occupational disease, or death, and the medical, nurse,	46309
and hospital services and medicines, and the amount of funeral	46310
expenses in case of death, as are provided by this chapter.	46311

(B) For the purpose of this section, provided that an	46312
employer has posted written notice to employees that the results	46313
of, or the employee's refusal to submit to, any chemical test	46314
described under this division may affect the employee's	46315
eligibility for compensation and benefits pursuant to this chapter	46316
and Chapter 4121. of the Revised Code, there is a rebuttable	46317
presumption that an employee is intoxicated or under the influence	46318
of a controlled substance not prescribed by the employee's	46319
physician and that being intoxicated or under the influence of a	46320
controlled substance not prescribed by the employee's physician is	46321
the proximate cause of an injury under either of the following	46322
conditions:	46323

(1) When any one or more of the following is true:

46324

(a) The employee, through a qualifying chemical test	46325
administered within eight hours of an injury, is determined to	46326
have an alcohol concentration level equal to or in excess of the	46327
levels established in divisions (A)(1)(b) to (i) of section	46328
4511.19 of the Revised Code;	46329

(b) The employee, through a qualifying chemical test	46330
administered within thirty-two hours of an injury, is determined	46331
to have one of the following controlled substances not prescribed	46332
by the employee's physician in the employee's system that tests	46333
above the following levels in an enzyme multiplied immunoassay	46334
technique screening test and above the levels established in	46335
division (B)(1)(c) of this section in a gas chromatography mass	46336
spectrometry test:	46337

(i) For amphetamines, one thousand nanograms per milliliter	46338
of urine;	46339

(ii) For cannabinoids, fifty nanograms per milliliter of	46340
urine;	46341

(iii) For cocaine, including crack cocaine, three hundred	46342
nanograms per milliliter of urine;	46343

(iv) For opiates, two thousand nanograms per milliliter of	46344
urine;	46345

(v) For phencyclidine, twenty-five nanograms per milliliter	46346
of urine.	46347

(c) The employee, through a qualifying chemical test	46348
administered within thirty-two hours of an injury, is determined	46349
to have one of the following controlled substances not prescribed	46350
by the employee's physician in the employee's system that tests	46351
above the following levels by a gas chromatography mass	46352
spectrometry test:	46353

(i) For amphetamines, five hundred nanograms per milliliter	46354
of urine;	46355

(ii) For cannabinoids, fifteen nanograms per milliliter of	46356
urine;	46357

(iii) For cocaine, including crack cocaine, one hundred fifty	46358
nanograms per milliliter of urine;	46359

(iv) For opiates, two thousand nanograms per milliliter of	46360
urine;	46361

(v) For phencyclidine, twenty-five nanograms per milliliter	46362
of urine.	46363

(d) The employee, through a qualifying chemical test	46364
administered within thirty-two hours of an injury, is determined	46365
to have barbiturates, benzodiazepines, methadone, or propoxyphene	46366
in the employee's system that tests above levels established by	46367
laboratories certified by the United States department of health	46368
and human services.	46369

(2) When the employee refuses to submit to a requested	46370
chemical test, on the condition that that employee is or was given	46371
notice that the refusal to submit to any chemical test described	46372
in division (B)(1) of this section may affect the employee's	46373
eligibility for compensation and benefits under this chapter and	46374
Chapter 4121. of the Revised Code.	46375

(C)(1) For purposes of division (B) of this section, a	46376
chemical test is a qualifying chemical test if it is administered	46377
to an employee after an injury under at least one of the following	46378
conditions:	46379

(a) When the employee's employer had reasonable cause to	46380
suspect that the employee may be intoxicated or under the	46381
influence of a controlled substance not prescribed by the	46382
employee's physician;	46383

(b) At the request of a police officer pursuant to section	46384
4511.191 of the Revised Code, and not at the request of the	46385
employee's employer;	46386

(c) At the request of a licensed physician who is not	46387
employed by the employee's employer, and not at the request of the	46388
employee's employer.	46389

(2) As used in division (C)(1)(a) of this section,	46390
"reasonable cause" means, but is not limited to, evidence that an	46391
employee is or was using alcohol or a controlled substance drawn	46392
from specific, objective facts and reasonable inferences drawn	46393
from these facts in light of experience and training. These facts	46394
and inferences may be based on, but are not limited to, any of the	46395
following:	46396

(a) Observable phenomena, such as direct observation of use,	46397
possession, or distribution of alcohol or a controlled substance,	46398
or of the physical symptoms of being under the influence of	46399
alcohol or a controlled substance, such as but not limited to	46400
slurred speech, dilated pupils, odor of alcohol or a controlled	46401
substance, changes in affect, or dynamic mood swings;	46402

(b) A pattern of abnormal conduct, erratic or aberrant	46403
behavior, or deteriorating work performance such as frequent	46404
absenteeism, excessive tardiness, or recurrent accidents, that	46405
appears to be related to the use of alcohol or a controlled	46406
substance, and does not appear to be attributable to other	46407
factors;	46408

(c) The identification of an employee as the focus of a	46409
criminal investigation into unauthorized possession, use, or	46410
trafficking of a controlled substance;	46411

(d) A report of use of alcohol or a controlled substance	46412
provided by a reliable and credible source;	46413

(e) Repeated or flagrant violations of the safety or work	46414
rules of the employee's employer, that are determined by the	46415
employee's supervisor to pose a substantial risk of physical	46416
injury or property damage and that appear to be related to the use	46417
of alcohol or a controlled substance and that do not appear	46418
attributable to other factors.	46419

(D) Nothing in this section shall be construed to affect the	46420
rights of an employer to test employees for alcohol or controlled	46421
substance abuse.	46422

(E) For the purpose of this section, laboratories certified	46423
by the United States department of health and human services or	46424
laboratories that meet or exceed the standards of that department	46425
for laboratory certification shall be used for processing the test	46426
results of a qualifying chemical test.	46427

(F) The written notice required by division (B) of this	46428
section shall be the same size or larger ~~then~~than the certificate	46429
of premium payment notice furnished by the bureau of workers'	46430
compensation and shall be posted by the employer in the same	46431
location as the certificate of premium payment notice or the	46432
certificate of self-insurance.	46433

(G) If a condition that pre-existed an injury is	46434
substantially aggravated by the injury, and that substantial	46435
aggravation is documented by objective diagnostic findings,	46436
objective clinical findings, or objective test results, no	46437
compensation or benefits are payable because of the pre-existing	46438
condition once that condition has returned to a level that would	46439
have existed without the injury.	46440

(H)(1) Whenever, with respect to an employee of an employer	46441
who is subject to and has complied with this chapter, there is	46442
possibility of conflict with respect to the application of	46443
workers' compensation laws because the contract of employment is	46444
entered into and all or some portion of the work is or is to be	46445
performed in a state or states other than Ohio, the employer and	46446
the employee may agree to be bound by the laws of this state or by	46447
the laws of some other state in which all or some portion of the	46448
work of the employee is to be performed. The agreement shall be in	46449
writing and shall be filed with the bureau of workers'	46450
compensation within ten days after it is executed and shall remain	46451
in force until terminated or modified by agreement of the parties	46452
similarly filed. If the agreement is to be bound by the laws of	46453
this state and the employer has complied with this chapter, then	46454
the employee is entitled to compensation and benefits regardless	46455
of where the injury occurs or the disease is contracted and the	46456
rights of the employee and the employee's dependents under the	46457
laws of this state are the exclusive remedy against the employer	46458
on account of injury, disease, or death in the course of and	46459
arising out of the employee's employment. If the agreement is to	46460
be bound by the laws of another state and the employer has	46461
complied with the laws of that state, the rights of the employee	46462
and the employee's dependents under the laws of that state are the	46463
exclusive remedy against the employer on account of injury,	46464
disease, or death in the course of and arising out of the	46465
employee's employment without regard to the place where the injury	46466
was sustained or the disease contracted. If an employer and an	46467
employee enter into an agreement under this division, the fact	46468
that the employer and the employee entered into that agreement	46469
shall not be construed to change the status of an employee whose	46470
continued employment is subject to the will of the employer or the	46471
employee, unless the agreement contains a provision that expressly	46472
changes that status.	46473

(2) If any employee or the employee's dependents pursue	46474
workers' compensation benefits or recover damages from the	46475
employer under the laws of another state, the amount awarded or	46476
recovered, whether paid or to be paid in future installments,	46477
shall be credited on the amount of any award of compensation or	46478
benefits made to the employee or the employee's dependents by the	46479
bureau. If an employee or the employee's dependents pursue or	46480
receive an award of compensation or benefits under this chapter or	46481
Chapter 4121., 4127., or 4131. of the Revised Code for the same	46482
injury, occupational disease, or death for which the employee or	46483
the employee's dependents pursued workers' compensation benefits	46484
and received a decision on the merits as defined in section	46485
4123.542 of the Revised Code under the laws of another state or	46486
recovered damages under the laws of another state, the	46487
administrator or any employer, by any lawful means, may collect	46488
the amount of compensation or benefits paid to or on behalf of the	46489
employee or the employee's dependents by the administrator or a	46490
self-insuring employer pursuant to this chapter or Chapter 4121.,	46491
4127., or 4131. of the Revised Code for that award. The	46492
administrator or any employer also may collect from the employee	46493
or the employee's dependents any costs and attorney's fees the	46494
administrator or the employer incurs in collecting that payment	46495
and any attorney's fees, penalties, interest, awards, and costs	46496
incurred by an employer in contesting or responding to any claim	46497
filed by the employee or the employee's dependents for the same	46498
injury, occupational disease, or death that was filed after the	46499
original claim for which the employee or the employee's dependents	46500
received a decision on the merits as described in section 4123.542	46501
of the Revised Code. If the employee's employer pays premiums into	46502
the state insurance fund, the administrator shall not charge the	46503
amount of compensation or benefits the administrator collects	46504
pursuant to this division to the employer's experience. If the	46505
administrator collects any costs, penalties, interest, awards, or	46506
attorney's fees incurred by a state fund employer, the	46507
administrator shall forward the amount of such costs, penalties,	46508
interest, awards, and attorney's fees the administrator collects	46509
to that employer. If the employee's employer is a self-insuring	46510
employer, the self-insuring employer shall deduct the amount of	46511
compensation or benefits the self-insuring employer collects	46512
pursuant to this division from the paid compensation the	46513
self-insuring employer reports to the administrator under division	46514
(L) of section 4123.35 of the Revised Code.	46515

(3) Except as otherwise stipulated in division (H)(4) of this	46516
section, if an employee is a resident of a state other than this	46517
state and is insured under the workers' compensation law or	46518
similar laws of a state other than this state, the employee and	46519
the employee's dependents are not entitled to receive compensation	46520
or benefits under this chapter, on account of injury, disease, or	46521
death arising out of or in the course of employment while	46522
temporarily within this state, and the rights of the employee and	46523
the employee's dependents under the laws of the other state are	46524
the exclusive remedy against the employer on account of the	46525
injury, disease, or death.	46526

(4) Division (H)(3) of this section does not apply to an	46527
employee described in that division, or the employee's dependents,	46528
unless both of the following apply:	46529

(a) The laws of the other state limit the ability of an	46530
employee who is a resident of this state and is covered by this	46531
chapter and Chapter 4123. of the Revised Code, or the employee's	46532
dependents, to receive compensation or benefits under the other	46533
state's workers' compensation law on account of injury, disease,	46534
or death incurred by the employee that arises out of or in the	46535
course of the employee's employment while temporarily within that	46536
state in the same manner as specified in division (H)(3) of this	46537
section for an employee who is a resident of a state other than	46538
this state, or the employee's dependents;	46539

(b) The laws of the other state limit the liability of the	46540
employer of the employee who is a resident of this state and who	46541
is described in division (H)(4)(a) of this section for that	46542
injury, disease, or death, in the same manner specified in	46543
division (H)(3) of this section for the employer of an employee	46544
who is a resident of the other state.	46545

(5) An employee, or the dependent of an employee, who elects	46546
to receive compensation and benefits under this chapter or Chapter	46547
4121., 4127., or 4131. of the Revised Code for a claim may not	46548
receive compensation and benefits under the workers' compensation	46549
laws of any state other than this state for that same claim. For	46550
each claim submitted by or on behalf of an employee, the	46551
administrator or, if the employee is employed by a self-insuring	46552
employer, the self-insuring employer shall request the employee or	46553
the employee's dependent to sign an election that affirms the	46554
employee's or employee's dependent's acceptance of electing to	46555
receive compensation and benefits under this chapter or Chapter	46556
4121., 4127., or 4131. of the Revised Code for that claim that	46557
also affirmatively waives and releases the employee's or the	46558
employee's dependent's right to file for and receive compensation	46559
and benefits under the laws of any state other than this state for	46560
that claim. The employee or employee's dependent shall sign the	46561
election form within twenty-eight days after the administrator or	46562
self-insuring employer submits the request or the administrator or	46563
self-insuring employer shall suspend that claim until the	46564
administrator or self-insuring employer receives the signed	46565
election form.	46566

(I) If an employee who is covered under the federal	46567
"Longshore and Harbor Workers' Compensation Act," 98 Stat. 1639,	46568
33 U.S.C. 901 et seq., is injured or contracts an occupational	46569
disease or dies as a result of an injury or occupational disease,	46570
and if that employee's or that employee's dependents' claim for	46571
compensation or benefits for that injury, occupational disease, or	46572
death is subject to the jurisdiction of that act, the employee or	46573
the employee's dependents are not entitled to apply for and shall	46574
not receive compensation or benefits under this chapter and	46575
Chapter 4121. of the Revised Code. The rights of such an employee	46576
and the employee's dependents under the federal "Longshore and	46577
Harbor Workers' Compensation Act," 98 Stat. 1639, 33 U.S.C. 901 et	46578
seq., are the exclusive remedy against the employer for that	46579
injury, occupational disease, or death.	46580

(J) Compensation or benefits are not payable to a claimant	46581
during the period of confinement of the claimant in any state or	46582
federal correctional institution, or in any county jail in lieu of	46583
incarceration in a state or federal correctional institution,	46584
whether in this or any other state for conviction of violation of	46585
any state or federal criminal law.	46586

(K) An employer, upon the approval of the administrator, may	46587
provide for workers' compensation coverage for the employer's	46588
employees who are professional athletes and coaches by submitting	46589
to the administrator proof of coverage under a league policy	46590
issued under the laws of another state under either of the	46591
following circumstances:	46592

(1) The employer administers the payroll and workers'	46593
compensation insurance for a professional sports team subject to a	46594
collective bargaining agreement, and the collective bargaining	46595
agreement provides for the uniform administration of workers'	46596
compensation benefits and compensation for professional athletes.	46597

(2) The employer is a professional sports league, or is a	46598
member team of a professional sports league, and all of the	46599
following apply:	46600

(a) The professional sports league operates as a single	46601
entity, whereby all of the players and coaches of the sports	46602
league are employees of the sports league and not of the	46603
individual member teams.	46604

(b) The professional sports league at all times maintains	46605
workers' compensation insurance that provides coverage for the	46606
players and coaches of the sports league.	46607

(c) Each individual member team of the professional sports	46608
league, pursuant to the organizational or operating documents of	46609
the sports league, is obligated to the sports league to pay to the	46610
sports league any workers' compensation claims that are not	46611
covered by the workers' compensation insurance maintained by the	46612
sports league.	46613

If the administrator approves the employer's proof of	46614
coverage submitted under division (K) of this section, a	46615
professional athlete or coach who is an employee of the employer	46616
and the dependents of the professional athlete or coach are not	46617
entitled to apply for and shall not receive compensation or	46618
benefits under this chapter and Chapter 4121. of the Revised Code.	46619
The rights of such an athlete or coach and the dependents of such	46620
an athlete or coach under the laws of the state where the policy	46621
was issued are the exclusive remedy against the employer for the	46622
athlete or coach if the athlete or coach suffers an injury or	46623
contracts an occupational disease in the course of employment, or	46624
for the dependents of the athlete or the coach if the athlete or	46625
coach is killed as a result of an injury or dies as a result of an	46626
occupational disease, regardless of the location where the injury	46627
was suffered or the occupational disease was contracted.	46628

Sec. 4123.57. Partial disability compensation shall be paid	46629
as follows.	46630

Except as provided in this section, not earlier than	46631
twenty-six weeks after the date of termination of the latest	46632
period of payments under section 4123.56 of the Revised Code, or	46633
not earlier than twenty-six weeks after the date of the injury or	46634
contraction of an occupational disease in the absence of payments	46635
under section 4123.56 of the Revised Code, the employee may file	46636
an application with the bureau of workers' compensation for the	46637
determination of the percentage of the employee's permanent	46638
partial disability resulting from an injury or occupational	46639
disease.	46640

Whenever the application is filed, the bureau shall send a	46641
copy of the application to the employee's employer or the	46642
employer's representative and shall schedule the employee for a	46643
medical examination by the bureau medical section. The bureau	46644
shall send a copy of the report of the medical examination to the	46645
employee, the employer, and their representatives. Thereafter, the	46646
administrator of workers' compensation shall review the employee's	46647
claim file and make a tentative order as the evidence before the	46648
administrator at the time of the making of the order warrants. If	46649
the administrator determines that there is a conflict of evidence,	46650
the administrator shall send the application, along with the	46651
claimant's file, to the district hearing officer who shall set the	46652
application for a hearing.	46653

The administrator shall notify the employee, the employer,	46654
and their representatives, in writing, of the tentative order and	46655
of the parties' right to request a hearing. Unless the employee,	46656
the employer, or their representative notifies the administrator,	46657
in writing, of an objection to the tentative order within twenty	46658
days after receipt of the notice thereof, the tentative order	46659
shall go into effect and the employee shall receive the	46660
compensation provided in the order. In no event shall there be a	46661
reconsideration of a tentative order issued under this division.	46662

If the employee, the employer, or their representatives	46663
timely notify the administrator of an objection to the tentative	46664
order, the matter shall be referred to a district hearing officer	46665
who shall set the application for hearing with written notices to	46666
all interested persons. Upon referral to a district hearing	46667
officer, the employer may obtain a medical examination of the	46668
employee, pursuant to rules of the industrial commission.	46669

(A) The district hearing officer, upon the application, shall	46670
determine the percentage of the employee's permanent disability,	46671
except as is subject to division (B) of this section, based upon	46672
that condition of the employee resulting from the injury or	46673
occupational disease and causing permanent impairment evidenced by	46674
medical or clinical findings reasonably demonstrable. The employee	46675
shall receive sixty-six and two-thirds per cent of the employee's	46676
average weekly wage, but not more than a maximum of thirty-three	46677
and one-third per cent of the statewide average weekly wage as	46678
defined in division (C) of section 4123.62 of the Revised Code,	46679
per week regardless of the average weekly wage, for the number of	46680
weeks which equals the percentage of two hundred weeks. Except on	46681
application for reconsideration, review, or modification, which is	46682
filed within ten days after the date of receipt of the decision of	46683
the district hearing officer, in no instance shall the former	46684
award be modified unless it is found from medical or clinical	46685
findings that the condition of the claimant resulting from the	46686
injury has so progressed as to have increased the percentage of	46687
permanent partial disability. A staff hearing officer shall hear	46688
an application for reconsideration filed and the staff hearing	46689
officer's decision is final. An employee may file an application	46690
for a subsequent determination of the percentage of the employee's	46691
permanent disability. If such an application is filed, the bureau	46692
shall send a copy of the application to the employer or the	46693
employer's representative. No sooner than sixty days from the date	46694
of the mailing of the application to the employer or the	46695
employer's representative, the administrator shall review the	46696
application. The administrator may require a medical examination	46697
or medical review of the employee. The administrator shall issue a	46698
tentative order based upon the evidence before the administrator,	46699
provided that if the administrator requires a medical examination	46700
or medical review, the administrator shall not issue the tentative	46701
order until the completion of the examination or review.	46702

The employer may obtain a medical examination of the employee	46703
and may submit medical evidence at any stage of the process up to	46704
a hearing before the district hearing officer, pursuant to rules	46705
of the commission. The administrator shall notify the employee,	46706
the employer, and their representatives, in writing, of the nature	46707
and amount of any tentative order issued on an application	46708
requesting a subsequent determination of the percentage of an	46709
employee's permanent disability. An employee, employer, or their	46710
representatives may object to the tentative order within twenty	46711
days after the receipt of the notice thereof. If no timely	46712
objection is made, the tentative order shall go into effect. In no	46713
event shall there be a reconsideration of a tentative order issued	46714
under this division. If an objection is timely made, the	46715
application for a subsequent determination shall be referred to a	46716
district hearing officer who shall set the application for a	46717
hearing with written notice to all interested persons. No	46718
application for subsequent percentage determinations on the same	46719
claim for injury or occupational disease shall be accepted for	46720
review by the district hearing officer unless supported by	46721
substantial evidence of new and changed circumstances developing	46722
since the time of the hearing on the original or last	46723
determination.	46724

No award shall be made under this division based upon a	46725
percentage of disability which, when taken with all other	46726
percentages of permanent disability, exceeds one hundred per cent.	46727
If the percentage of the permanent disability of the employee	46728
equals or exceeds ninety per cent, compensation for permanent	46729
partial disability shall be paid for two hundred weeks.	46730

Compensation payable under this division accrues and is	46731
payable to the employee from the date of last payment of	46732
compensation, or, in cases where no previous compensation has been	46733
paid, from the date of the injury or the date of the diagnosis of	46734
the occupational disease.	46735

When an award under this division has been made prior to the	46736
death of an employee, all unpaid installments accrued or to accrue	46737
under the provisions of the award are payable to the surviving	46738
spouse, or if there is no surviving spouse, to the dependent	46739
children of the employee, and if there are no children surviving,	46740
then to other dependents as the administrator determines.	46741

(B) InFor purposes of this division, "payable per week"	46742
means the seven consecutive day period in which compensation is	46743
paid in installments according to the schedule associated with the	46744
applicable injury as set forth in this division.	46745

Compensation paid in weekly installments according to the	46746
schedule described in this division may only be commuted to one or	46747
more lump-sum payments pursuant to the procedure set forth in	46748
section 4123.64 of the Revised Code.	46749

In cases included in the following schedule the compensation	46750
payable per week to the employee is the statewide average weekly	46751
wage as defined in division (C) of section 4123.62 of the Revised	46752
Code per week and shall ~~continue during the periods provided in~~be	46753
paid in installments according to the following schedule:	46754

For the loss of a first finger, commonly known as a thumb,	46755
sixty weeks.	46756

For the loss of a second finger, commonly called index	46757
finger, thirty-five weeks.	46758

For the loss of a third finger, thirty weeks.

46759

For the loss of a fourth finger, twenty weeks.

46760

For the loss of a fifth finger, commonly known as the little	46761
finger, fifteen weeks.	46762

The loss of a second, or distal, phalange of the thumb is	46763
considered equal to the loss of one half of such thumb; the loss	46764
of more than one half of such thumb is considered equal to the	46765
loss of the whole thumb.	46766

The loss of the third, or distal, phalange of any finger is	46767
considered equal to the loss of one-third of the finger.	46768

The loss of the middle, or second, phalange of any finger is	46769
considered equal to the loss of two-thirds of the finger.	46770

The loss of more than the middle and distal phalanges of any	46771
finger is considered equal to the loss of the whole finger. In no	46772
case shall the amount received for more than one finger exceed the	46773
amount provided in this schedule for the loss of a hand.	46774

For the loss of the metacarpal bone (bones of the palm) for	46775
the corresponding thumb, or fingers, add ten weeks to the number	46776
of weeks under this division.	46777

For ankylosis (total stiffness of) or contractures (due to	46778
scars or injuries) which makes any of the fingers, thumbs, or	46779
parts of either useless, the same number of weeks apply to the	46780
members or parts thereof as given for the loss thereof.	46781

If the claimant has suffered the loss of two or more fingers	46782
by amputation or ankylosis and the nature of the claimant's	46783
employment in the course of which the claimant was working at the	46784
time of the injury or occupational disease is such that the	46785
handicap or disability resulting from the loss of fingers, or loss	46786
of use of fingers, exceeds the normal handicap or disability	46787
resulting from the loss of fingers, or loss of use of fingers, the	46788
administrator may take that fact into consideration and increase	46789
the award of compensation accordingly, but the award made shall	46790
not exceed the amount of compensation for loss of a hand.	46791

For the loss of a hand, one hundred seventy-five weeks.

46792

For the loss of an arm, two hundred twenty-five weeks.

46793

For the loss of a great toe, thirty weeks.

46794

For the loss of one of the toes other than the great toe, ten	46795
weeks.	46796

The loss of more than two-thirds of any toe is considered	46797
equal to the loss of the whole toe.	46798

The loss of less than two-thirds of any toe is considered no	46799
loss, except as to the great toe; the loss of the great toe up to	46800
the interphalangeal joint is co-equal to the loss of one-half of	46801
the great toe; the loss of the great toe beyond the	46802
interphalangeal joint is considered equal to the loss of the whole	46803
great toe.	46804

For the loss of a foot, one hundred fifty weeks.

46805

For the loss of a leg, two hundred weeks.

46806

For the loss of the sight of an eye, one hundred twenty-five	46807
weeks.	46808

For the permanent partial loss of sight of an eye, the	46809
portion of one hundred twenty-five weeks as the administrator in	46810
each case determines, based upon the percentage of vision actually	46811
lost as a result of the injury or occupational disease, but, in no	46812
case shall an award of compensation be made for less than	46813
twenty-five per cent loss of uncorrected vision. "Loss of	46814
uncorrected vision" means the percentage of vision actually lost	46815
as the result of the injury or occupational disease.	46816

For the permanent and total loss of hearing of one ear,	46817
twenty-five weeks; but in no case shall an award of compensation	46818
be made for less than permanent and total loss of hearing of one	46819
ear.	46820

For the permanent and total loss of hearing, one hundred	46821
twenty-five weeks; but, except pursuant to the next preceding	46822
paragraph, in no case shall an award of compensation be made for	46823
less than permanent and total loss of hearing.	46824

In case an injury or occupational disease results in serious	46825
facial or head disfigurement which either impairs or may in the	46826
future impair the opportunities to secure or retain employment,	46827
the administrator shall make an award of compensation as it deems	46828
proper and equitable, in view of the nature of the disfigurement,	46829
and not to exceed the sum of ten thousand dollars. For the purpose	46830
of making the award, it is not material whether the employee is	46831
gainfully employed in any occupation or trade at the time of the	46832
administrator's determination.	46833

When an award under this division has been made prior to the	46834
death of an employee all unpaid installments accrued or to accrue	46835
under the provisions of the award shall be payable to the	46836
surviving spouse, or if there is no surviving spouse, to the	46837
dependent children of the employee and if there are no such	46838
children, then to such dependents as the administrator determines.	46839

When an employee has sustained the loss of a member by	46840
severance, but no award has been made on account thereof prior to	46841
the employee's death, the administrator shall make an award in	46842
accordance with this division for the loss which shall be payable	46843
to the surviving spouse, or if there is no surviving spouse, to	46844
the dependent children of the employee and if there are no such	46845
children, then to such dependents as the administrator determines.	46846

(C) Compensation for partial impairment under divisions (A)	46847
and (B) of this section is in addition to the compensation paid	46848
the employee pursuant to section 4123.56 of the Revised Code. A	46849
claimant may receive compensation under divisions (A) and (B) of	46850
this section.	46851

In all cases arising under division (B) of this section, if	46852
it is determined by any one of the following: (1) the amputee	46853
clinic at University hospital, Ohio state university; (2) the	46854
rehabilitation services commission; (3) an amputee clinic or	46855
prescribing physician approved by the administrator or the	46856
administrator's designee, that an injured or disabled employee is	46857
in need of an artificial appliance, or in need of a repair	46858
thereof, regardless of whether the appliance or its repair will be	46859
serviceable in the vocational rehabilitation of the injured	46860
employee, and regardless of whether the employee has returned to	46861
or can ever again return to any gainful employment, the bureau	46862
shall pay the cost of the artificial appliance or its repair out	46863
of the surplus created by division (B) of section 4123.34 of the	46864
Revised Code.	46865

In those cases where a rehabilitation services commission	46866
recommendation that an injured or disabled employee is in need of	46867
an artificial appliance would conflict with their state plan,	46868
adopted pursuant to the "Rehabilitation Act of 1973," 87 Stat.	46869
355, 29 U.S.C.A. 701, the administrator or the administrator's	46870
designee or the bureau may obtain a recommendation from an amputee	46871
clinic or prescribing physician that they determine appropriate.	46872

(D) If an employee of a state fund employer makes application	46873
for a finding and the administrator finds that the employee has	46874
contracted silicosis as defined in division (X), or coal miners'	46875
pneumoconiosis as defined in division (Y), or asbestosis as	46876
defined in division (AA) of section 4123.68 of the Revised Code,	46877
and that a change of such employee's occupation is medically	46878
advisable in order to decrease substantially further exposure to	46879
silica dust, asbestos, or coal dust and if the employee, after the	46880
finding, has changed or shall change the employee's occupation to	46881
an occupation in which the exposure to silica dust, asbestos, or	46882
coal dust is substantially decreased, the administrator shall	46883
allow to the employee an amount equal to fifty per cent of the	46884
statewide average weekly wage per week for a period of thirty	46885
weeks, commencing as of the date of the discontinuance or change,	46886
and for a period of one hundred weeks immediately following the	46887
expiration of the period of thirty weeks, the employee shall	46888
receive sixty-six and two-thirds per cent of the loss of wages	46889
resulting directly and solely from the change of occupation but	46890
not to exceed a maximum of an amount equal to fifty per cent of	46891
the statewide average weekly wage per week. No such employee is	46892
entitled to receive more than one allowance on account of	46893
discontinuance of employment or change of occupation and benefits	46894
shall cease for any period during which the employee is employed	46895
in an occupation in which the exposure to silica dust, asbestos,	46896
or coal dust is not substantially less than the exposure in the	46897
occupation in which the employee was formerly employed or for any	46898
period during which the employee may be entitled to receive	46899
compensation or benefits under section 4123.68 of the Revised Code	46900
on account of disability from silicosis, asbestosis, or coal	46901
miners' pneumoconiosis. An award for change of occupation for a	46902
coal miner who has contracted coal miners' pneumoconiosis may be	46903
granted under this division even though the coal miner continues	46904
employment with the same employer, so long as the coal miner's	46905
employment subsequent to the change is such that the coal miner's	46906
exposure to coal dust is substantially decreased and a change of	46907
occupation is certified by the claimant as permanent. The	46908
administrator may accord to the employee medical and other	46909
benefits in accordance with section 4123.66 of the Revised Code.	46910

(E) If a firefighter or police officer makes application for	46911
a finding and the administrator finds that the firefighter or	46912
police officer has contracted a cardiovascular and pulmonary	46913
disease as defined in division (W) of section 4123.68 of the	46914
Revised Code, and that a change of the firefighter's or police	46915
officer's occupation is medically advisable in order to decrease	46916
substantially further exposure to smoke, toxic gases, chemical	46917
fumes, and other toxic vapors, and if the firefighter, or police	46918
officer, after the finding, has changed or changes occupation to	46919
an occupation in which the exposure to smoke, toxic gases,	46920
chemical fumes, and other toxic vapors is substantially decreased,	46921
the administrator shall allow to the firefighter or police officer	46922
an amount equal to fifty per cent of the statewide average weekly	46923
wage per week for a period of thirty weeks, commencing as of the	46924
date of the discontinuance or change, and for a period of	46925
seventy-five weeks immediately following the expiration of the	46926
period of thirty weeks the administrator shall allow the	46927
firefighter or police officer sixty-six and two-thirds per cent of	46928
the loss of wages resulting directly and solely from the change of	46929
occupation but not to exceed a maximum of an amount equal to fifty	46930
per cent of the statewide average weekly wage per week. No such	46931
firefighter or police officer is entitled to receive more than one	46932
allowance on account of discontinuance of employment or change of	46933
occupation and benefits shall cease for any period during which	46934
the firefighter or police officer is employed in an occupation in	46935
which the exposure to smoke, toxic gases, chemical fumes, and	46936
other toxic vapors is not substantially less than the exposure in	46937
the occupation in which the firefighter or police officer was	46938
formerly employed or for any period during which the firefighter	46939
or police officer may be entitled to receive compensation or	46940
benefits under section 4123.68 of the Revised Code on account of	46941
disability from a cardiovascular and pulmonary disease. The	46942
administrator may accord to the firefighter or police officer	46943
medical and other benefits in accordance with section 4123.66 of	46944
the Revised Code.	46945

(F) An order issued under this section is appealable pursuant	46946
to section 4123.511 of the Revised Code but is not appealable to	46947
court under section 4123.512 of the Revised Code.	46948

Sec. 4141.35. (A) If the director of job and family services	46949
finds that any fraudulent misrepresentation has been made by an	46950
applicant for or a recipient of benefits with the object of	46951
obtaining benefits to which the applicant or recipient was not	46952
entitled, and in addition to any other penalty or forfeiture under	46953
this chapter, then the director:	46954

(1) Shall within four years after the end of the benefit year	46955
in which the fraudulent misrepresentation was made reject or	46956
cancel such person's entire weekly claim for benefits that was	46957
fraudulently claimed, or the person's entire benefit rights if the	46958
misrepresentation was in connection with the filing of the	46959
claimant's application for determination of benefit rights;	46960

(2) Shall by order declare that, for each application for	46961
benefit rights and for each weekly claim canceled, such person	46962
shall be ineligible for two otherwise valid weekly claims for	46963
benefits, claimed within six years subsequent to the discovery of	46964
such misrepresentation;	46965

(3) By order shall require that the total amount of benefits	46966
rejected or canceled under division (A)(1) of this section be	46967
repaid to the director before such person may become eligible for	46968
further benefits, and shall withhold such unpaid sums from future	46969
benefit payments accruing and otherwise payable to such claimant.	46970
Effective with orders issued on or after January 1, 1993, if such	46971
benefits are not repaid within thirty days after the director's	46972
order becomes final, interest on the amount remaining unpaid shall	46973
be charged to the person at a rate and calculated in the same	46974
manner as provided under section 4141.23 of the Revised Code. When	46975
a person ordered to repay benefits has repaid all overpaid	46976
benefits according to a plan approved by the director, the	46977
director may cancel the amount of interest that accrued during the	46978
period of the repayment plan. The director may take action in ~~the~~	46979
~~courts~~any court of ~~this state~~competent jurisdiction to collect	46980
benefits and interest as provided in sections 4141.23 and 4141.27	46981
of the Revised Code, in regard to the collection of unpaid	46982
contributions, using the final repayment order as the basis for	46983
such action. NoExcept as otherwise provided in this division, no	46984
administrative or legal proceedings for the collection of such	46985
benefits or interest due shall be initiated after the expiration	46986
of six years from the date on which the director's order requiring	46987
repayment became final and the amount of any benefits or interest	46988
not recovered at that time, and any liens thereon, shall be	46989
canceled as uncollectible. The time limit for instituting	46990
proceedings shall be extended by the period of any stay to the	46991
collection or by any other time period to which the parties	46992
mutually agree.	46993

(4) May take action to collect benefits fraudulently obtained	46994
under the unemployment compensation law of any other state or the	46995
United States or Canada. Such action may be initiated in the	46996
courts of this state in the same manner as provided for unpaid	46997
contributions in section 4141.41 of the Revised Code.	46998

(5) May take action to collect benefits that have been	46999
fraudulently obtained from the director, interest pursuant to	47000
division (A)(3) of this section, and court costs, through	47001
attachment proceedings under Chapter 2715. of the Revised Code and	47002
garnishment proceedings under Chapter 2716. of the Revised Code.	47003

(B) If the director finds that an applicant for benefits has	47004
been credited with a waiting period or paid benefits to which the	47005
applicant was not entitled for reasons other than fraudulent	47006
misrepresentation, the director shall:	47007

(1)(a) Within six months after the determination under which	47008
the claimant was credited with that waiting period or paid	47009
benefits becomes final pursuant to section 4141.28 of the Revised	47010
Code, or within three years after the end of the benefit year in	47011
which such benefits were claimed, whichever is later, by order	47012
cancel such waiting period and require that such benefits be	47013
repaid to the director or be withheld from any benefits to which	47014
such applicant is or may become entitled before any additional	47015
benefits are paid, provided that the repayment or withholding	47016
shall not be required where the overpayment is the result of the	47017
director's correcting a prior decision due to a typographical or	47018
clerical error in the director's prior decision, or an error in an	47019
employer's report under division (G) of section 4141.28 of the	47020
Revised Code.	47021

(b) The limitation specified in division (B)(1)(a) of this	47022
section shall not apply to cases involving the retroactive payment	47023
of remuneration covering periods for which benefits were	47024
previously paid to the claimant. However, in such cases, the	47025
director's order requiring repayment shall not be issued unless	47026
the director is notified of such retroactive payment within six	47027
months from the date the retroactive payment was made to the	47028
claimant.	47029

(2) The director may, by reciprocal agreement with the United	47030
States secretary of labor or another state, recover overpayment	47031
amounts from unemployment benefits otherwise payable to an	47032
individual under Chapter 4141. of the Revised Code. Any	47033
overpayments made to the individual that have not previously been	47034
recovered under an unemployment benefit program of the United	47035
States may be recovered in accordance with section 303(g) of the	47036
"Social Security Act" and sections 3304(a)(4) and 3306(f) of the	47037
"Federal Unemployment Tax Act," 53 Stat. 183 (1939), 26 U.S.C.A.	47038
3301 to 3311.	47039

(3) If the amounts required to be repaid under division (B)	47040
of this section are not recovered within three years from the date	47041
the director's order requiring payment became final, initiate no	47042
further action to collect such benefits and the amount of any	47043
benefits not recovered at that time shall be canceled as	47044
uncollectible, provided that the time limit for collection shall	47045
be extended by the period of any stay to the collection or by any	47046
other time period to which the parties mutually agree.	47047

(C) The appeal provisions of sections 4141.281 and 4141.282	47048
of the Revised Code shall apply to all orders and determinations	47049
issued under this section, except that an individual's right of	47050
appeal under division (B)(2) of this section shall be limited to	47051
this state's authority to recover overpayment of benefits.	47052

(D) If an individual makes a full repayment or a repayment	47053
that is less than the full amount required by this section, the	47054
director shall apply the repayment to the mutualized account under	47055
division (B) of section 4141.25 of the Revised Code, except that	47056
the director shall credit the repayment to the accounts of the	47057
individual's base period employers that previously have not been	47058
credited for the amount of improperly paid benefits charged	47059
against their accounts based on the proportion of benefits charged	47060
against the accounts as determined pursuant to division (D) of	47061
section 4141.24 of the Revised Code.	47062

The director shall deposit any repayment collected under this	47063
section that the director determines to be payment of interest or	47064
court costs into the unemployment compensation special	47065
administrative fund established pursuant to section 4141.11 of the	47066
Revised Code.	47067

Sec. 4163.07. (A)(1) Prior to transporting any high-level	47068
radioactive waste, spent nuclear fuel, transuranic waste, or any	47069
quantity of special nuclear material or by-product material that	47070
meets or exceeds the highway route controlled quantity, within,	47071
into, or through the state, the shipper of the material shall	47072
notify the executive director of the emergency management agency	47073
established under section 5502.22 of the Revised Code of the	47074
shipment. The notice shall be in writing and be sent by certified	47075
mail and shall include the name of the shipper; the name of the	47076
carrier; the type and quantity of the material; the transportation	47077
mode of the shipment; the proposed date and time of shipment of	47078
the material within, into, or through the state; and the starting	47079
point, termination or exit point, scheduled route, and each	47080
alternate route, if any, of the shipment. In order to constitute	47081
effective notification under division (A)(1) of this section,	47082
notification shall be received by the executive director at least	47083
four days prior to shipment within, into, or through the state.	47084

(2) The carrier or shipper of any shipment subject to	47085
division (A)(1) of this section shall immediately notify the	47086
executive director of any change in the date and time of the	47087
shipment or in the route of the shipment within, into, or through	47088
the state.	47089

(B) Upon receipt of a notice of any shipment of material that	47090
is subject to division (A)(1) of this section within, into, or	47091
through the state, the executive director of the emergency	47092
management agency shall immediately notify the director of public	47093
safety, the director of environmental protection, the director of	47094
health, the chairperson of the public utilities commission, and	47095
the county emergency management agency and sheriff of each county	47096
along the proposed route, or any alternate route, of the shipment.	47097

(C) The executive director of the emergency management agency	47098
shall not disclose to any person other than those persons	47099
enumerated in division (B) of this section any information	47100
pertaining to any shipment of special nuclear material or	47101
by-product material prior to the time that the shipment is	47102
completed.	47103

(D) This section does not apply to radioactive materials,	47104
other than by-products, shipped by or for the United States	47105
department of defense and United States department of energy for	47106
military or national defense purposes. Nothing in this section	47107
requires the disclosure of any defense information or restricted	47108
data as defined in the "Atomic Energy Act of 1954," 68 Stat. 919,	47109
42 U.S.C. 2011, as amended.	47110

(E) No person shall transport or cause to be transported	47111
within, into, or through the state any material that is subject to	47112
division (A)(1) of this section without first providing the notice	47113
required in that division.	47114

(F) Whoever violates division (E) of this section, in	47115
addition to any penalty imposed under section 4163.99 of the	47116
Revised Code, is liable for a civil penalty in an amount not to	47117
exceed the following, as applicable:	47118

(1) Twenty-five thousand dollars for a motor carrier, as	47119
defined in section 4923.01 of the Revised Code;	47120

(2) Forty-five thousand dollars for the first cask designated	47121
for transport by rail and thirty thousand dollars for each	47122
additional cask designated for transport by rail that is shipped	47123
by the same person or entity in the same shipment.	47124

The attorney general, upon the request of the executive	47125
director of the emergency management agency, shall bring a civil	47126
action to collect the penalty. Fines collected pursuant to this	47127
section shall be deposited into the state treasury to the credit	47128
of the ~~radioactive waste~~public utilities transportation safety	47129
fund created in section ~~4905.801~~4921.21 of the Revised Code.	47130

Sec. 4169.02. (A) For the purposes of regulating the	47131
construction, maintenance, mechanical operation, and inspection of	47132
passenger tramways that are associated with ski areas and of	47133
registering operators of passenger tramways in this state, there	47134
is hereby established in the division of ~~labor~~industrial	47135
compliance in the department of commerce a ski tramway board to be	47136
appointed by the governor, with the advice and consent of the	47137
senate. The board shall consist of three members, one of whom	47138
shall be a public member who is an experienced skier and familiar	47139
with ski areas in this state, one of whom shall be a ski area	47140
operator actively engaged in the business of recreational skiing	47141
in this state, and one of whom shall be a professional engineer	47142
who is knowledgeable in the design or operation of passenger	47143
tramways.	47144

Of the initial appointments, one member shall be appointed	47145
for a term of one year, one for a term of two years, and one for a	47146
term of three years. The member appointed to the term beginning on	47147
July 1, 1996, shall be appointed to a term ending on June 30,	47148
1997; the member appointed to a term beginning on July 1, 1997,	47149
shall be appointed to a term ending on June 30, 1999; and the	47150
member appointed to a term beginning on July 1, 1998, shall be	47151
appointed to a term ending on June 30, 2001. Thereafter, each of	47152
the members shall be appointed for a term of six years. Each	47153
member shall hold office from the date of appointment until the	47154
end of the term for which the member was appointed. In the event	47155
of a vacancy, the governor, with the advice and consent of the	47156
senate, shall appoint a successor who shall hold office for the	47157
remainder of the term for which the successor's predecessor was	47158
appointed. A member shall continue in office subsequent to the	47159
expiration date of the member's term until the member's successor	47160
takes office or until a period of sixty days has elapsed,	47161
whichever occurs first. The board shall elect a chairperson from	47162
its members.	47163

The governor may remove any member of the board at any time	47164
for misfeasance, nonfeasance, or malfeasance in office after	47165
giving the member a copy of the charges against the member and an	47166
opportunity to be heard publicly in person or by counsel in the	47167
member's defense. Any such act of removal by the governor is	47168
final. A statement of the findings of the governor, the reason for	47169
the governor's action, and the answer, if any, of the member shall	47170
be filed by the governor with the secretary of state and shall be	47171
open to public inspection.	47172

Members of the board shall be paid two hundred fifty dollars	47173
for each meeting that the member attends, except that no member	47174
shall be paid or receive more than seven hundred fifty dollars for	47175
attending meetings during any calendar year. Each member shall be	47176
reimbursed for the member's actual and necessary expenses incurred	47177
in the performance of official board duties. The chairperson shall	47178
be paid two hundred fifty dollars annually in addition to any	47179
compensation the chairperson receives under this division for	47180
attending meetings and any other compensation the chairperson	47181
receives for serving on the board.	47182

The division shall provide the board with such offices and	47183
such clerical, professional, and other assistance as may be	47184
reasonably necessary for the board to carry on its work. The	47185
division shall maintain accurate copies of the board's rules as	47186
promulgated in accordance with division (B) of this section and	47187
shall keep all of the board's records, including business records,	47188
and inspection reports as well as its own records and reports. The	47189
cost of administering the board and conducting inspections shall	47190
be included in the budget of the division based on revenues	47191
generated by the registration fees established under section	47192
4169.03 of the Revised Code.	47193

(B) In accordance with Chapter 119. of the Revised Code, the	47194
board shall adopt and may amend or rescind rules relating to	47195
public safety in the construction, maintenance, mechanical	47196
operation, and inspection of passenger tramways. The rules shall	47197
be in accordance with established standards in the business of ski	47198
area operation, if any, and shall not discriminate in their	47199
application to ski area operators.	47200

No person shall violate the rules of the board.

47201

(C) The authority of the board shall not extend to any matter	47202
relative to the operation of a ski area other than the	47203
construction, maintenance, mechanical operation, and inspection of	47204
passenger tramways.	47205

(D) A majority of the board constitutes a quorum and may	47206
perform and exercise all the duties and powers devolving upon the	47207
board.	47208

Sec. 4169.03. (A) Before a passenger tramway operator may	47209
operate any passenger tramway in the state, the operator shall	47210
apply to the ski tramway board, on forms prepared by it, for	47211
registration by the board. The application shall contain an	47212
inventory of the passenger tramways that the applicant intends to	47213
operate and other information as the board may reasonably require	47214
and shall be accompanied by the following annual fees:	47215

(1) Each aerial passenger tramway, five hundred dollars;

47216

(2) Each skimobile, two hundred dollars;

47217

(3) Each chair lift, two hundred dollars;

47218

(4) Each J bar, T bar, or platter pull, one hundred dollars;

47219

(5) Each rope tow, fifty dollars;

47220

(6) Each wire rope tow, seventy-five dollars;

47221

(7) Each conveyor, one hundred dollars.

47222

When an operator operates an aerial passenger tramway, a	47223
skimobile, or a chair lift during both a winter and summer season,	47224
the annual fee shall be one and one-half the above amount for the	47225
respective passenger tramway.	47226

(B) Upon payment of the appropriate annual fees in accordance	47227
with division (A) of this section, the board shall issue a	47228
registration certificate to the operator. Each certificate shall	47229
remain in force until the thirtieth day of September next ensuing.	47230
The board shall renew an operator's certificate in accordance with	47231
the standard renewal procedure in Chapter 4745. of the Revised	47232
Code upon payment of the appropriate annual fees.	47233

(C) Money received from the registration fees and from the	47234
fines collected pursuant to section 4169.99 of the Revised Code	47235
shall be paid into the state treasury to the credit of the ~~labor~~	47236
industrial compliance operating fund created in section 121.084 of	47237
the Revised Code.	47238

(D) No person shall operate a passenger tramway in this state	47239
unless the person has been registered by the board.	47240

Sec. 4169.04. (A) The division of ~~labor~~industrial	47241
compliance in the department of commerce shall make such	47242
inspection of the construction, maintenance, and mechanical	47243
operation of passenger tramways as the ski tramway board may	47244
reasonably require. The division may contract with other qualified	47245
engineers to make such inspection or may accept the inspection	47246
report by any qualified inspector of an insurance company	47247
authorized to insure passenger tramways in this state.	47248

(B) If, as the result of an inspection, an employee of the	47249
division or other agent with whom the division has contracted	47250
finds that a violation of the board's rules exists or a condition	47251
in passenger tramway construction, maintenance, or mechanical	47252
operation exists that endangers public safety, the employee or	47253
agent shall make an immediate report to the board for appropriate	47254
investigation and order.	47255

Sec. 4171.04. (A) Before a person may operate any roller	47256
skating rink in the state, the person shall:	47257

(1) Apply to the superintendent of ~~labor~~industrial	47258
compliance in the department of commerce on forms designated by	47259
the superintendent for a certificate of registration;	47260

(2) Provide an inventory of all the roller skating rinks that	47261
the applicant intends to operate, and any other information the	47262
superintendent may reasonably require on the application;	47263

(3) Include with the application a registration fee of	47264
twenty-five dollars for each roller skating rink to be operated by	47265
the applicant.	47266

(B) Upon compliance with division (A) of this section, the	47267
superintendent shall issue a certificate of registration to the	47268
operator for each roller skating rink to be operated by the	47269
applicant. Each certificate shall remain in force as follows:	47270

(1) Until the thirty-first day of December next ensuing; or

47271

(2) For sixty days after the dissolution of a partnership.

47272

(C) In case of the dissolution of a partnership by death, the	47273
surviving partner or partners may operate a roller skating rink	47274
pursuant to the certificate of registration obtained by the	47275
partnership in accordance with this chapter for a period of sixty	47276
days following dissolution. The heirs or representatives of	47277
deceased persons and receivers or trustees in bankruptcy appointed	47278
by any competent authority may operate under the certificate of	47279
registration of the person succeeded in possession.	47280

(D) The superintendent shall renew an operator's certificate	47281
of registration in accordance with the standard license renewal	47282
procedure set forth in Chapter 4745. of the Revised Code upon	47283
payment of a renewal fee of twenty-five dollars for each roller	47284
skating rink to be operated by the applicant.	47285

(E) Money received from the registration and renewal fees	47286
collected pursuant to this chapter shall be paid into the state	47287
treasury to the credit of the ~~labor~~industrial compliance	47288
operating fund created in section 121.084 of the Revised Code.	47289

Sec. 4301.30. (A) All fees collected by the division of	47290
liquor control shall be deposited in the state treasury to the	47291
credit of the undivided liquor permit fund, which is hereby	47292
created, at the time prescribed under section 4301.12 of the	47293
Revised Code. Each payment shall be accompanied by a statement	47294
showing separately the amount collected for each class of permits	47295
in each municipal corporation and in each township outside the	47296
limits of any municipal corporation in such township. An	47297

(B)(1) An amount equal to forty-five per cent of the fund	47298
shall be paid from the fund into the state liquor regulatory fund,	47299
which is hereby created in the state treasury. The state liquor	47300
regulatory fund shall be used to pay the operating expenses of the	47301
division of liquor control in administering and enforcing Title	47302
XLIII of the Revised Code and the operating expenses of the liquor	47303
control commission. Investment earnings of the fund shall be	47304
credited to the fund.	47305

(2) Whenever, in the judgment of the director of budget and	47306
management, the amount of money that is in the state liquor	47307
regulatory fund is in excess of the amount that is needed to pay	47308
the operating expenses of the division in administering and	47309
enforcing Title XLIII of the Revised Code and the operating	47310
expenses of the commission, the director shall credit the excess	47311
amount to the general revenue fund.	47312

(C) Twenty per cent of the undivided liquor permit fund shall	47313
be paid into the statewide treatment and prevention fund, which is	47314
hereby created in the state treasury. This amount shall be	47315
appropriated by the general assembly, together with an amount	47316
equal to one and one-half per cent of the gross profit of the	47317
division of liquor control derived under division (B)(4) of	47318
section 4301.10 of the Revised Code, to the department of alcohol	47319
and drug addiction services. In planning for the allocation of and	47320
in allocating these amounts for the purposes of Chapter 3793. of	47321
the Revised Code, the department of alcohol and drug addiction	47322
services shall comply with the nondiscrimination provisions of	47323
Title VI of the Civil Rights Act of 1964, and any rules adopted	47324
under that act.	47325

(D) Thirty-five per cent of the undivided liquor permit fund	47326
shall be distributed by the superintendent of liquor control at	47327
quarterly calendar periods as follows:	47328

~~(A)~~(1) To each municipal corporation, the aggregate amount	47329
shown by the statements to have been collected from permits in the	47330
municipal corporation, for the use of the general fund of the	47331
municipal corporation;	47332

~~(B)~~(2) To each township, the aggregate amount shown by the	47333
statements to have been collected from permits in its territory,	47334
outside the limits of any municipal corporation located in the	47335
township, for the use of the general fund of the township, or for	47336
fire protection purposes, including buildings and equipment in the	47337
township or in an established fire district within the township,	47338
to the extent that the funds are derived from liquor permits	47339
within the territory comprising such fire district.	47340

(E) For the purpose of the distribution required by this	47341
section, E, H, and D permits covering boats or vessels are deemed	47342
to have been issued in the municipal corporation or township	47343
wherein the owner or operator of the vehicle, boat, vessel, or	47344
dining car equipment to which the permit relates has the owner's	47345
or operator's principal office or place of business within the	47346
state.	47347

(F) If the liquor control commission determines that the	47348
police or other officers of any municipal corporation or township	47349
entitled to share in ~~such~~ distributions under this section are	47350
refusing or culpably neglecting to enforce this chapter and	47351
Chapter 4303. of the Revised Code, or the penal laws of this state	47352
relating to the manufacture, importation, transportation,	47353
distribution, and sale of beer and intoxicating liquors, or if the	47354
prosecuting officer of a municipal corporation or a municipal	47355
court fails to comply with the request of the commission	47356
authorized by division (A)(4) of section 4301.10 of the Revised	47357
Code, the commission, by certified mail, may notify the chief	47358
executive officer of the municipal corporation or the board of	47359
township trustees of the township of the failure and require the	47360
immediate cooperation of the responsible officers of the municipal	47361
corporation or township with the division of liquor control in the	47362
enforcement of those chapters and penal laws. Within thirty days	47363
after the notice is served, the commission shall determine whether	47364
the requirement has been complied with. If the commission	47365
determines that the requirement has not been complied with, it may	47366
issue an order to the superintendent to withhold the distributive	47367
share of the municipal corporation or township until further order	47368
of the commission. This action of the commission is reviewable	47369
within thirty days thereafter in the court of common pleas of	47370
Franklin county.	47371

(G) All fees collected by the division of liquor control from	47372
the issuance or renewal of B-2a and S permits, and paid by B-2a	47373
and S permit holders who do not also hold A-2 permits, shall be	47374
deposited in the state treasury to the credit of the state liquor	47375
~~control~~regulatory fund. Once during each fiscal year, an amount	47376
equal to fifty per cent of the fees collected shall be paid from	47377
the state liquor ~~control~~regulatory fund into the general revenue	47378
fund.	47379

Sec. 4303.181. (A) Permit D-5a may be issued either to the	47380
owner or operator of a hotel or motel that is required to be	47381
licensed under section 3731.03 of the Revised Code, that contains	47382
at least fifty rooms for registered transient guests or is owned	47383
by a state institution of higher education as defined in section	47384
3345.011 of the Revised Code or a private college or university,	47385
and that qualifies under the other requirements of this section,	47386
or to the owner or operator of a restaurant specified under this	47387
section, to sell beer and any intoxicating liquor at retail, only	47388
by the individual drink in glass and from the container, for	47389
consumption on the premises where sold, and to registered guests	47390
in their rooms, which may be sold by means of a controlled access	47391
alcohol and beverage cabinet in accordance with division (B) of	47392
section 4301.21 of the Revised Code; and to sell the same products	47393
in the same manner and amounts not for consumption on the premises	47394
as may be sold by holders of D-1 and D-2 permits. The premises of	47395
the hotel or motel shall include a retail food establishment or a	47396
food service operation licensed pursuant to Chapter 3717. of the	47397
Revised Code that operates as a restaurant for purposes of this	47398
chapter and that is affiliated with the hotel or motel and within	47399
or contiguous to the hotel or motel, and that serves food within	47400
the hotel or motel, but the principal business of the owner or	47401
operator of the hotel or motel shall be the accommodation of	47402
transient guests. In addition to the privileges authorized in this	47403
division, the holder of a D-5a permit may exercise the same	47404
privileges as the holder of a D-5 permit.	47405

The owner or operator of a hotel, motel, or restaurant who	47406
qualified for and held a D-5a permit on August 4, 1976, may, if	47407
the owner or operator held another permit before holding a D-5a	47408
permit, either retain a D-5a permit or apply for the permit	47409
formerly held, and the division of liquor control shall issue the	47410
permit for which the owner or operator applies and formerly held,	47411
notwithstanding any quota.	47412

A D-5a permit shall not be transferred to another location.	47413
No quota restriction shall be placed on the number of D-5a permits	47414
that may be issued.	47415

The fee for this permit is two thousand three hundred	47416
forty-four dollars.	47417

(B) Permit D-5b may be issued to the owner, operator, tenant,	47418
lessee, or occupant of an enclosed shopping center to sell beer	47419
and intoxicating liquor at retail, only by the individual drink in	47420
glass and from the container, for consumption on the premises	47421
where sold; and to sell the same products in the same manner and	47422
amount not for consumption on the premises as may be sold by	47423
holders of D-1 and D-2 permits. In addition to the privileges	47424
authorized in this division, the holder of a D-5b permit may	47425
exercise the same privileges as a holder of a D-5 permit.	47426

A D-5b permit shall not be transferred to another location.

47427

One D-5b permit may be issued at an enclosed shopping center	47428
containing at least two hundred twenty-five thousand, but less	47429
than four hundred thousand, square feet of floor area.	47430

Two D-5b permits may be issued at an enclosed shopping center	47431
containing at least four hundred thousand square feet of floor	47432
area. No more than one D-5b permit may be issued at an enclosed	47433
shopping center for each additional two hundred thousand square	47434
feet of floor area or fraction of that floor area, up to a maximum	47435
of five D-5b permits for each enclosed shopping center. The number	47436
of D-5b permits that may be issued at an enclosed shopping center	47437
shall be determined by subtracting the number of D-3 and D-5	47438
permits issued in the enclosed shopping center from the number of	47439
D-5b permits that otherwise may be issued at the enclosed shopping	47440
center under the formulas provided in this division. Except as	47441
provided in this section, no quota shall be placed on the number	47442
of D-5b permits that may be issued. Notwithstanding any quota	47443
provided in this section, the holder of any D-5b permit first	47444
issued in accordance with this section is entitled to its renewal	47445
in accordance with section 4303.271 of the Revised Code.	47446

The holder of a D-5b permit issued before April 4, 1984,	47447
whose tenancy is terminated for a cause other than nonpayment of	47448
rent, may return the D-5b permit to the division of liquor	47449
control, and the division shall cancel that permit. Upon	47450
cancellation of that permit and upon the permit holder's payment	47451
of taxes, contributions, premiums, assessments, and other debts	47452
owing or accrued upon the date of cancellation to this state and	47453
its political subdivisions and a filing with the division of a	47454
certification of that payment, the division shall issue to that	47455
person either a D-5 permit, or a D-1, a D-2, and a D-3 permit, as	47456
that person requests. The division shall issue the D-5 permit, or	47457
the D-1, D-2, and D-3 permits, even if the number of D-1, D-2,	47458
D-3, or D-5 permits currently issued in the municipal corporation	47459
or in the unincorporated area of the township where that person's	47460
proposed premises is located equals or exceeds the maximum number	47461
of such permits that can be issued in that municipal corporation	47462
or in the unincorporated area of that township under the	47463
population quota restrictions contained in section 4303.29 of the	47464
Revised Code. Any D-1, D-2, D-3, or D-5 permit so issued shall not	47465
be transferred to another location. If a D-5b permit is canceled	47466
under the provisions of this paragraph, the number of D-5b permits	47467
that may be issued at the enclosed shopping center for which the	47468
D-5b permit was issued, under the formula provided in this	47469
division, shall be reduced by one if the enclosed shopping center	47470
was entitled to more than one D-5b permit under the formula.	47471

The fee for this permit is two thousand three hundred	47472
forty-four dollars.	47473

(C) Permit D-5c may be issued to the owner or operator of a	47474
retail food establishment or a food service operation licensed	47475
pursuant to Chapter 3717. of the Revised Code that operates as a	47476
restaurant for purposes of this chapter and that qualifies under	47477
the other requirements of this section to sell beer and any	47478
intoxicating liquor at retail, only by the individual drink in	47479
glass and from the container, for consumption on the premises	47480
where sold, and to sell the same products in the same manner and	47481
amounts not for consumption on the premises as may be sold by	47482
holders of D-1 and D-2 permits. In addition to the privileges	47483
authorized in this division, the holder of a D-5c permit may	47484
exercise the same privileges as the holder of a D-5 permit.	47485

To qualify for a D-5c permit, the owner or operator of a	47486
retail food establishment or a food service operation licensed	47487
pursuant to Chapter 3717. of the Revised Code that operates as a	47488
restaurant for purposes of this chapter, shall have operated the	47489
restaurant at the proposed premises for not less than twenty-four	47490
consecutive months immediately preceding the filing of the	47491
application for the permit, have applied for a D-5 permit no later	47492
than December 31, 1988, and appear on the division's quota waiting	47493
list for not less than six months immediately preceding the filing	47494
of the application for the permit. In addition to these	47495
requirements, the proposed D-5c permit premises shall be located	47496
within a municipal corporation and further within an election	47497
precinct that, at the time of the application, has no more than	47498
twenty-five per cent of its total land area zoned for residential	47499
use.	47500

A D-5c permit shall not be transferred to another location.	47501
No quota restriction shall be placed on the number of such permits	47502
that may be issued.	47503

Any person who has held a D-5c permit for at least two years	47504
may apply for a D-5 permit, and the division of liquor control	47505
shall issue the D-5 permit notwithstanding the quota restrictions	47506
contained in section 4303.29 of the Revised Code or in any rule of	47507
the liquor control commission.	47508

The fee for this permit is one thousand five hundred	47509
sixty-three dollars.	47510

(D) Permit D-5d may be issued to the owner or operator of a	47511
retail food establishment or a food service operation licensed	47512
pursuant to Chapter 3717. of the Revised Code that operates as a	47513
restaurant for purposes of this chapter and that is located at an	47514
airport operated by a board of county commissioners pursuant to	47515
section 307.20 of the Revised Code, at an airport operated by a	47516
port authority pursuant to Chapter 4582. of the Revised Code, or	47517
at an airport operated by a regional airport authority pursuant to	47518
Chapter 308. of the Revised Code. The holder of a D-5d permit may	47519
sell beer and any intoxicating liquor at retail, only by the	47520
individual drink in glass and from the container, for consumption	47521
on the premises where sold, and may sell the same products in the	47522
same manner and amounts not for consumption on the premises where	47523
sold as may be sold by the holders of D-1 and D-2 permits. In	47524
addition to the privileges authorized in this division, the holder	47525
of a D-5d permit may exercise the same privileges as the holder of	47526
a D-5 permit.	47527

A D-5d permit shall not be transferred to another location.	47528
No quota restrictions shall be placed on the number of such	47529
permits that may be issued.	47530

The fee for this permit is two thousand three hundred	47531
forty-four dollars.	47532

(E) Permit D-5e may be issued to any nonprofit organization	47533
that is exempt from federal income taxation under the "Internal	47534
Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 501(c)(3), as	47535
amended, or that is a charitable organization under any chapter of	47536
the Revised Code, and that owns or operates a riverboat that meets	47537
all of the following:	47538

(1) Is permanently docked at one location;

47539

(2) Is designated as an historical riverboat by the Ohio	47540
historical society;	47541

(3) Contains not less than fifteen hundred square feet of	47542
floor area;	47543

(4) Has a seating capacity of fifty or more persons.

47544

The holder of a D-5e permit may sell beer and intoxicating	47545
liquor at retail, only by the individual drink in glass and from	47546
the container, for consumption on the premises where sold.	47547

A D-5e permit shall not be transferred to another location.	47548
No quota restriction shall be placed on the number of such permits	47549
that may be issued. The population quota restrictions contained in	47550
section 4303.29 of the Revised Code or in any rule of the liquor	47551
control commission shall not apply to this division, and the	47552
division shall issue a D-5e permit to any applicant who meets the	47553
requirements of this division. However, the division shall not	47554
issue a D-5e permit if the permit premises or proposed permit	47555
premises are located within an area in which the sale of	47556
spirituous liquor by the glass is prohibited.	47557

The fee for this permit is one thousand two hundred nineteen	47558
dollars.	47559

(F) Permit D-5f may be issued to the owner or operator of a	47560
retail food establishment or a food service operation licensed	47561
under Chapter 3717. of the Revised Code that operates as a	47562
restaurant for purposes of this chapter and that meets all of the	47563
following:	47564

(1) It contains not less than twenty-five hundred square feet	47565
of floor area.	47566

(2) It is located on or in, or immediately adjacent to, the	47567
shoreline of, a navigable river.	47568

(3) It provides docking space for twenty-five boats.

47569

(4) It provides entertainment and recreation, provided that	47570
not less than fifty per cent of the business on the permit	47571
premises shall be preparing and serving meals for a consideration.	47572

In addition, each application for a D-5f permit shall be	47573
accompanied by a certification from the local legislative	47574
authority that the issuance of the D-5f permit is not inconsistent	47575
with that political subdivision's comprehensive development plan	47576
or other economic development goal as officially established by	47577
the local legislative authority.	47578

The holder of a D-5f permit may sell beer and intoxicating	47579
liquor at retail, only by the individual drink in glass and from	47580
the container, for consumption on the premises where sold.	47581

A D-5f permit shall not be transferred to another location.

47582

The division of liquor control shall not issue a D-5f permit	47583
if the permit premises or proposed permit premises are located	47584
within an area in which the sale of spirituous liquor by the glass	47585
is prohibited.	47586

A fee for this permit is two thousand three hundred	47587
forty-four dollars.	47588

As used in this division, "navigable river" means a river	47589
that is also a "navigable water" as defined in the "Federal Power	47590
Act," 94 Stat. 770 (1980), 16 U.S.C. 796.	47591

(G) Permit D-5g may be issued to a nonprofit corporation that	47592
is either the owner or the operator of a national professional	47593
sports museum. The holder of a D-5g permit may sell beer and any	47594
intoxicating liquor at retail, only by the individual drink in	47595
glass and from the container, for consumption on the premises	47596
where sold. The holder of a D-5g permit shall sell no beer or	47597
intoxicating liquor for consumption on the premises where sold	47598
after ~~one~~two-thirty a.m. A D-5g permit shall not be transferred	47599
to another location. No quota restrictions shall be placed on the	47600
number of D-5g permits that may be issued. The fee for this permit	47601
is one thousand eight hundred seventy-five dollars.	47602

(H)(1) Permit D-5h may be issued to any nonprofit	47603
organization that is exempt from federal income taxation under the	47604
"Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A.	47605
501(c)(3), as amended, that owns or operates any of the following:	47606

(a) A fine arts museum, provided that the nonprofit	47607
organization has no less than one thousand five hundred bona fide	47608
members possessing full membership privileges;	47609

(b) A community arts center. As used in division (H)(1)(b) of	47610
this section, "community arts center" means a facility that	47611
provides arts programming to the community in more than one arts	47612
discipline, including, but not limited to, exhibits of works of	47613
art and performances by both professional and amateur artists.	47614

(c) A community theater, provided that the nonprofit	47615
organization is a member of the Ohio arts council and the American	47616
community theatre association and has been in existence for not	47617
less than ten years. As used in division (H)(1)(c) of this	47618
section, "community theater" means a facility that contains at	47619
least one hundred fifty seats and has a primary function of	47620
presenting live theatrical performances and providing recreational	47621
opportunities to the community.	47622

(2) The holder of a D-5h permit may sell beer and any	47623
intoxicating liquor at retail, only by the individual drink in	47624
glass and from the container, for consumption on the premises	47625
where sold. The holder of a D-5h permit shall sell no beer or	47626
intoxicating liquor for consumption on the premises where sold	47627
after one a.m. A D-5h permit shall not be transferred to another	47628
location. No quota restrictions shall be placed on the number of	47629
D-5h permits that may be issued.	47630

(3) The fee for a D-5h permit is one thousand eight hundred	47631
seventy-five dollars.	47632

(I) Permit D-5i may be issued to the owner or operator of a	47633
retail food establishment or a food service operation licensed	47634
under Chapter 3717. of the Revised Code that operates as a	47635
restaurant for purposes of this chapter and that meets all of the	47636
following requirements:	47637

(1) It is located in a municipal corporation or a township	47638
with a population of one hundred thousand or less.	47639

(2) It has inside seating capacity for at least one hundred	47640
forty persons.	47641

(3) It has at least four thousand square feet of floor area.

47642

(4) It offers full-course meals, appetizers, and sandwiches.

47643

(5) Its receipts from beer and liquor sales, excluding wine	47644
sales, do not exceed twenty-five per cent of its total gross	47645
receipts.	47646

(6) It has at least one of the following characteristics:

47647

(a) The value of its real and personal property exceeds seven	47648
hundred twenty-five thousand dollars.	47649

(b) It is located on property that is owned or leased by the	47650
state or a state agency, and its owner or operator has	47651
authorization from the state or the state agency that owns or	47652
leases the property to obtain a D-5i permit.	47653

The holder of a D-5i permit may sell beer and any	47654
intoxicating liquor at retail, only by the individual drink in	47655
glass and from the container, for consumption on the premises	47656
where sold, and may sell the same products in the same manner and	47657
amounts not for consumption on the premises where sold as may be	47658
sold by the holders of D-1 and D-2 permits. The holder of a D-5i	47659
permit shall sell no beer or intoxicating liquor for consumption	47660
on the premises where sold after two-thirty a.m. In addition to	47661
the privileges authorized in this division, the holder of a D-5i	47662
permit may exercise the same privileges as the holder of a D-5	47663
permit.	47664

A D-5i permit shall not be transferred to another location.	47665
The division of liquor control shall not renew a D-5i permit	47666
unless the retail food establishment or food service operation for	47667
which it is issued continues to meet the requirements described in	47668
divisions (I)(1) to (6) of this section. No quota restrictions	47669
shall be placed on the number of D-5i permits that may be issued.	47670
The fee for the D-5i permit is two thousand three hundred	47671
forty-four dollars.	47672

(J) Permit D-5j may be issued to the owner or the operator of	47673
a retail food establishment or a food service operation licensed	47674
under Chapter 3717. of the Revised Code to sell beer and	47675
intoxicating liquor at retail, only by the individual drink in	47676
glass and from the container, for consumption on the premises	47677
where sold and to sell beer and intoxicating liquor in the same	47678
manner and amounts not for consumption on the premises where sold	47679
as may be sold by the holders of D-1 and D-2 permits. The holder	47680
of a D-5j permit may exercise the same privileges, and shall	47681
observe the same hours of operation, as the holder of a D-5	47682
permit.	47683

The D-5j permit shall be issued only within a community	47684
entertainment district that is designated under section 4301.80 of	47685
the Revised Code and that meets one of the following	47686
qualifications:	47687

(1) It is located in a municipal corporation with a	47688
population of at least one hundred thousand.	47689

(2) It is located in a municipal corporation with a	47690
population of at least twenty thousand, and either of the	47691
following applies:	47692

(a) It contains an amusement park the rides of which have	47693
been issued a permit by the department of agriculture under	47694
Chapter 1711. of the Revised Code.	47695

(b) Not less than fifty million dollars will be invested in	47696
development and construction in the community entertainment	47697
district's area located in the municipal corporation.	47698

(3) It is located in a township with a population of at least	47699
forty thousand.	47700

(4) It is located in a township with a population of at least	47701
twenty thousand, and not less than seventy million dollars will be	47702
invested in development and construction in the community	47703
entertainment district's area located in the township.	47704

(5) It is located in a municipal corporation with a	47705
population between ten thousand and twenty thousand, and both of	47706
the following apply:	47707

(a) The municipal corporation was incorporated as a village	47708
prior to calendar year 1840 and currently has a historic downtown	47709
business district.	47710

(b) The municipal corporation is located in the same county	47711
as another municipal corporation with at least one community	47712
entertainment district.	47713

(6) It is located in a municipal corporation with a	47714
population of at least ten thousand, and not less than seventy	47715
million dollars will be invested in development and construction	47716
in the community entertainment district's area located in the	47717
municipal corporation.	47718

(7) It is located in a municipal corporation with a	47719
population of at least five thousand, and not less than one	47720
hundred million dollars will be invested in development and	47721
construction in the community entertainment district's area	47722
located in the municipal corporation.	47723

The location of a D-5j permit may be transferred only within	47724
the geographic boundaries of the community entertainment district	47725
in which it was issued and shall not be transferred outside the	47726
geographic boundaries of that district.	47727

Not more than one D-5j permit shall be issued within each	47728
community entertainment district for each five acres of land	47729
located within the district. Not more than fifteen D-5j permits	47730
may be issued within a single community entertainment district.	47731
Except as otherwise provided in division (J)(4) of this section,	47732
no quota restrictions shall be placed upon the number of D-5j	47733
permits that may be issued.	47734

The fee for a D-5j permit is two thousand three hundred	47735
forty-four dollars.	47736

(K)(1) Permit D-5k may be issued to any nonprofit	47737
organization that is exempt from federal income taxation under the	47738
"Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A.	47739
501(c)(3), as amended, that is the owner or operator of a	47740
botanical garden recognized by the American association of	47741
botanical gardens and arboreta, and that has not less than	47742
twenty-five hundred bona fide members.	47743

(2) The holder of a D-5k permit may sell beer and any	47744
intoxicating liquor at retail, only by the individual drink in	47745
glass and from the container, on the premises where sold.	47746

(3) The holder of a D-5k permit shall sell no beer or	47747
intoxicating liquor for consumption on the premises where sold	47748
after one a.m.	47749

(4) A D-5k permit shall not be transferred to another	47750
location.	47751

(5) No quota restrictions shall be placed on the number of	47752
D-5k permits that may be issued.	47753

(6) The fee for the D-5k permit is one thousand eight hundred	47754
seventy-five dollars.	47755

(L)(1) Permit D-5l may be issued to the owner or the operator	47756
of a ~~business~~retail food establishment or a food service	47757
operation licensed under Chapter 3717. of the Revised Code to sell	47758
beer and intoxicating liquor at retail, only by the individual	47759
drink in glass and from the container, for consumption on the	47760
premises where sold and to sell beer and intoxicating liquor in	47761
the same manner and amounts not for consumption on the premises	47762
where sold as may be sold by the holders of D-1 and D-2 permits.	47763
The holder of a D-5l permit may exercise the same privileges, and	47764
shall observe the same hours of operation, as the holder of a D-5	47765
permit.	47766

(2) The D-5l permit shall be issued only to a premises that	47767
has gross annual receipts from the sale of food and meals that	47768
constitute not less than seventy-five per cent of its total gross	47769
annual receipts, that is located within a revitalization district	47770
that is designated under section 4301.81 of the Revised Code, that	47771
is located in a municipal corporation or township in which the	47772
number of D-5 permits issued equals or exceeds the number of those	47773
permits that may be issued in that municipal corporation or	47774
township under section 4303.29 of the Revised Code, and that is	47775
located in a county with a population of one hundred twenty-five	47776
thousand or less according to the population estimates certified	47777
by the department of development for calendar year 2006.	47778

(3) The location of a D-5l permit may be transferred only	47779
within the geographic boundaries of the revitalization district in	47780
which it was issued and shall not be transferred outside the	47781
geographic boundaries of that district.	47782

(4) Not more than one D-5l permit shall be issued within each	47783
revitalization district for each five acres of land located within	47784
the district. Not more than fifteen D-5l permits may be issued	47785
within a single revitalization district. Except as otherwise	47786
provided in division (L)(4) of this section, no quota restrictions	47787
shall be placed upon the number of D-5l permits that may be	47788
issued.	47789

(5) No D-5l permit shall be issued to an adult entertainment	47790
establishment as defined in section 2907.39 of the Revised Code.	47791

(6) The fee for a D-5l permit is two thousand three hundred	47792
forty-four dollars.	47793

(M) Permit D-5m may be issued to either the owner or the	47794
operator of a retail food establishment or food service operation	47795
licensed under Chapter 3717. of the Revised Code that operates as	47796
a restaurant for purposes of this chapter and that is located in,	47797
or affiliated with, a center for the preservation of wild animals	47798
as defined in section 4301.404 of the Revised Code, to sell beer	47799
and any intoxicating liquor at retail, only by the glass and from	47800
the container, for consumption on the premises where sold, and to	47801
sell the same products in the same manner and amounts not for	47802
consumption on the premises as may be sold by the holders of D-1	47803
and D-2 permits. In addition to the privileges authorized by this	47804
division, the holder of a D-5m permit may exercise the same	47805
privileges as the holder of a D-5 permit.	47806

A D-5m permit shall not be transferred to another location.	47807
No quota restrictions shall be placed on the number of D-5m	47808
permits that may be issued. The fee for a permit D-5m is two	47809
thousand three hundred forty-four dollars.	47810

(N) Permit D-5n shall be issued to either a casino operator	47811
or a casino management company licensed under Chapter 3772. of the	47812
Revised Code that operates a casino facility under that chapter,	47813
to sell beer and any intoxicating liquor at retail, only by the	47814
individual drink in glass and from the container, for consumption	47815
on the premises where sold, and to sell the same products in the	47816
same manner and amounts not for consumption on the premises as may	47817
be sold by the holders of D-1 and D-2 permits. In addition to the	47818
privileges authorized by this division, the holder of a D-5n	47819
permit may exercise the same privileges as the holder of a D-5	47820
permit. A D-5n permit shall not be transferred to another	47821
location. Only one D-5n permit may be issued per casino facility	47822
and not more than four D-5n permits shall be issued in this state.	47823
The fee for a permit D-5n shall be twenty thousand dollars. The	47824
holder of a D-5n permit may conduct casino gaming on the permit	47825
premises notwithstanding any provision of the Revised Code or	47826
Administrative Code.	47827

(O) Permit D-5o may be issued to the owner or operator of a	47828
retail food establishment or a food service operation licensed	47829
under Chapter 3717. of the Revised Code that operates as a	47830
restaurant for purposes of this chapter and that is located within	47831
a casino facility for which a D-5n permit has been issued. The	47832
holder of a D-5o permit may sell beer and any intoxicating liquor	47833
at retail, only by the individual drink in glass and from the	47834
container, for consumption on the premises where sold, and may	47835
sell the same products in the same manner and amounts not for	47836
consumption on the premises where sold as may be sold by the	47837
holders of D-1 and D-2 permits. In addition to the privileges	47838
authorized by this division, the holder of a D-5o permit may	47839
exercise the same privileges as the holder of a D-5 permit. A D-5o	47840
permit shall not be transferred to another location. No quota	47841
restrictions shall be placed on the number of such permits that	47842
may be issued. The fee for this permit is two thousand three	47843
hundred forty-four dollars.	47844

Sec. 4303.22. Permit H may be issued for a fee of three	47845
hundred dollars to a for-hire motor carrier ~~by motor vehicle~~ who	47846
~~also~~ holds a license issued by the public utilities commission to	47847
transport beer, intoxicating liquor, and alcohol, or any of them,	47848
in this state for delivery or use in this state. This section does	47849
not prevent the division of liquor control from contracting with	47850
~~common or contract~~for-hire motor carriers for the delivery or	47851
transportation of liquor for the division, and any ~~contract or~~	47852
~~common~~for-hire motor carrier so contracting with the division is	47853
eligible for an H permit. Manufacturers or wholesale distributors	47854
of beer or intoxicating liquor other than spirituous liquor who	47855
transport or deliver their own products to or from their premises	47856
licensed under this chapter and Chapter 4301. of the Revised Code	47857
by their own trucks as an incident to the purchase or sale of such	47858
beverages need not obtain an H permit. Carriers by rail shall	47859
receive an H permit upon application for it.	47860

This section does not prevent the division from issuing, upon	47861
the payment of the permit fee, an H permit to any person,	47862
partnership, firm, or corporation licensed by any other state to	47863
engage in the business of manufacturing and brewing or producing	47864
beer, wine, and mixed beverages or any person, partnership, firm,	47865
or corporation licensed by the United States or any other state to	47866
engage in the business of importing beer, wine, and mixed	47867
beverages manufactured outside the United States. The	47868
manufacturer, brewer, or importer of products manufactured outside	47869
the United States, upon the issuance of an H permit, may	47870
transport, ship, and deliver only its own products to holders of	47871
B-1 or B-5 permits in Ohio in motor trucks and equipment owned and	47872
operated by such class H permit holder. No H permit shall be	47873
issued by the division to such applicant until the applicant files	47874
with the division a liability insurance certificate or policy	47875
satisfactory to the division, in a sum of not less than one	47876
thousand nor more than five thousand dollars for property damage	47877
and for not less than five thousand nor more than fifty thousand	47878
dollars for loss sustained by reason of injury or death and with	47879
such other terms as the division considers necessary to adequately	47880
protect the interest of the public, having due regard for the	47881
number of persons and amount of property affected. The certificate	47882
or policy shall insure the manufacturer, brewer, or importer of	47883
products manufactured outside the United States against loss	47884
sustained by reason of the death of or injury to persons, and for	47885
loss of or damage to property, from the negligence of such class H	47886
permit holder in the operation of its motor vehicles or equipment	47887
in this state.	47888

Sec. 4313.02. (A) The state may transfer to JobsOhio, and	47889
JobsOhio may accept the transfer of, all or a portion of the	47890
enterprise acquisition project for a transfer price payable by	47891
JobsOhio to the state. Any such transfer shall be treated as an	47892
absolute conveyance and true sale of the interest in the	47893
enterprise acquisition project purported to be conveyed for all	47894
purposes, and not as a pledge or other security interest. The	47895
characterization of any such transfer as a true sale and absolute	47896
conveyance shall not be negated or adversely affected by the	47897
acquisition or retention by the state of a residual or	47898
reversionary interest in the enterprise acquisition project, the	47899
participation of any state officer or employee as a member or	47900
officer of, or contracting for staff support to, JobsOhio or any	47901
subsidiary of JobsOhio, any regulatory responsibility of an	47902
officer or employee of the state, including the authority to	47903
collect amounts to be received in connection therewith, the	47904
retention of the state of any legal title to or interest in any	47905
portion of the enterprise acquisition project for the purpose of	47906
regulatory activities, or any characterization of JobsOhio or	47907
obligations of JobsOhio under accounting, taxation, or securities	47908
regulations, or any other reason whatsoever. An absolute	47909
conveyance and true sale or lease shall exist under this section	47910
regardless of whether JobsOhio has any recourse against the state	47911
or the treatment or characterization of the transfer as a	47912
financing for any purpose. Upon and following the transfer, the	47913
state shall not have any right, title, or interest in the	47914
enterprise acquisition project so transferred other than any	47915
residual interest that may be described in the transfer agreement	47916
pursuant to the following paragraph and division (D) of this	47917
section. Any determination of the fair market value of the	47918
enterprise acquisition project reflected in the transfer agreement	47919
shall be conclusive and binding on the state and JobsOhio.	47920

Any transfer of the enterprise acquisition project that is a	47921
lease or grant of a franchise shall be for a term not to exceed	47922
twenty-five years. Any transfer of the enterprise acquisition	47923
project that is an assignment and sale, conveyance, or other	47924
transfer shall contain a provision that the state shall have the	47925
option to have conveyed or transferred back to it, at no cost, the	47926
enterprise acquisition project, as it then exists, no later than	47927
twenty-five years after the original transfer authorized in the	47928
transfer agreement on such other terms as shall be provided in the	47929
transfer agreement.	47930

The exercise of the powers granted by this section will be	47931
for the benefit of the people of the state. All or any portion of	47932
the enterprise acquisition project transferred pursuant to the	47933
transfer agreement that would be exempt from real property taxes	47934
or assessments or real property taxes or assessments in the	47935
absence of such transfer shall, as it may from time to time exist	47936
thereafter, remain exempt from real property taxes or assessments	47937
levied by the state and its subdivisions to the same extent as if	47938
not transferred. The gross receipts and income of JobsOhio derived	47939
from the enterprise acquisition project shall be exempt from	47940
taxation levied by the state and its subdivisions, including, but	47941
not limited to, the taxes levied pursuant to Chapters 718., 5739.,	47942
5741., 5747., and 5751. of the Revised Code. Any transfer from the	47943
state to JobsOhio of the enterprise acquisition project, or item	47944
included or to be included in the project, shall be exempt from	47945
the taxes levied pursuant to Chapters 5739. and 5741. of the	47946
Revised Code.	47947

(B) The proceeds of any transfer under division (A) of this	47948
section may be expended as provided in the transfer agreement for	47949
any one or more of the following purposes:	47950

(1) Funding, payment, or defeasance of outstanding bonds	47951
issued pursuant to Chapters 151. and 166. of the Revised Code and	47952
secured by pledged liquor profits as defined in section 151.40 of	47953
the Revised Code;	47954

(2) Deposit into the general revenue fund;

47955

(3) Deposit into the clean Ohio revitalization fund created	47956
pursuant to section 122.658 of the Revised Code, the innovation	47957
Ohio loan fund created pursuant to section 166.16 of the Revised	47958
Code, the research and development loan fund created pursuant to	47959
section 166.20 of the Revised Code, the logistics and distribution	47960
infrastructure fund created pursuant to section 166.26 of the	47961
Revised Code, the advanced energy research and development fund	47962
created pursuant to section 3706.27 of the Revised Code, and the	47963
advanced energy research and development taxable fund created	47964
pursuant to section 3706.27 of the Revised Code;	47965

(4) Conveyance to JobsOhio for the purposes for which it was	47966
created.	47967

(C)(1) The state may covenant, pledge, and agree in the	47968
transfer agreement, with and for the benefit of JobsOhio, that it	47969
shall maintain statutory authority for the enterprise acquisition	47970
project and the revenues of the enterprise acquisition project and	47971
not otherwise materially impair any obligations supported by a	47972
pledge of revenues of the enterprise acquisition project. The	47973
transfer agreement may provide or authorize the manner for	47974
determining material impairment of the security for any such	47975
outstanding obligations, including by assessing and evaluating the	47976
revenues of the enterprise acquisition project.	47977

(2) The director of budget and management, in consultation	47978
with the director of commerce, may, without need for any other	47979
approval, negotiate terms of any documents, including the transfer	47980
agreement, necessary to effect the transfer and the acceptance of	47981
the transfer of the enterprise acquisition project. The director	47982
of budget and management and the director of commerce shall	47983
execute the transfer agreement on behalf of the state. The	47984
director of budget and management may also, without need for any	47985
other approval, retain or contract for the services of commercial	47986
appraisers, underwriters, investment bankers, and financial	47987
advisers, as are necessary in the judgment of the director of	47988
budget and management to effect the transfer agreement. Any	47989
transfer agreement may contain terms and conditions established by	47990
the state to carry out and effectuate the purposes of this	47991
section, including, without limitation, covenants binding the	47992
state in favor of JobsOhio. Any such transfer agreement shall be	47993
sufficient to effectuate the transfer without regard to any other	47994
laws governing other property sales or financial transactions by	47995
the state. The director of budget and management may create any	47996
funds or accounts, within or without the state treasury, as are	47997
needed for the transactions and activities authorized by this	47998
section.	47999

(3) The transfer agreement may authorize JobsOhio, in the	48000
ordinary course of doing business, to convey, lease, release, or	48001
otherwise dispose of any regular inventory or tangible personal	48002
property. Ownership of the interest in the enterprise acquisition	48003
project that is transferred to JobsOhio under this section and the	48004
transfer agreement shall be maintained in JobsOhio or a nonprofit	48005
entity the sole member of which is JobsOhio until the enterprise	48006
acquisition project is transferred back to the state pursuant to	48007
the second paragraph of division (A) and division (D) of this	48008
section.	48009

(D) The transfer agreement may authorize JobsOhio to fix,	48010
alter, and collect rentals and other charges for the use and	48011
occupancy of all or any portion of the enterprise acquisition	48012
project and to lease any portion of the enterprise acquisition	48013
project to the state, and shall include a contract with, or the	48014
granting of an option to, the state to have the enterprise	48015
acquisition project, as it then exists, transferred back to it	48016
without charge in accordance with the terms of the transfer	48017
agreement after retirement or redemption, or provision therefor,	48018
of all obligations supported by a pledge of spirituous liquor	48019
profits.	48020

(E) JobsOhio, the director of budget and management, and the	48021
director of commerce shall, subject to approval by the controlling	48022
board, enter into a contract, which may be part of the transfer	48023
agreement, for the continuing operation by the division of liquor	48024
control of spirituous liquor distribution and merchandising	48025
subject to standards for performance provided in that contract	48026
that may relate to or support division (C)(1) of this section. The	48027
contract shall establish other terms and conditions for the	48028
assignment of duties to, and the provision of advice, services,	48029
and other assistance by, the division of liquor control, including	48030
providing for the necessary staffing and payment by JobsOhio of	48031
appropriate compensation to the division for the performance of	48032
such duties and the provision of such advice, services, and other	48033
assistance. The division of liquor control shall manage and	48034
actively supervise the activities required or authorized under	48035
sections 4301.10 and 4301.17 of the Revised Code as those sections	48036
exist on ~~the effective date of this section~~September 29, 2011,	48037
including, but not limited to, controlling the traffic in	48038
intoxicating liquor in this state and fixing the wholesale and	48039
retail prices at which the various classes, varieties, and brands	48040
of spirituous liquor are sold.	48041

(F) The transfer agreement shall require JobsOhio to pay for	48042
the operations of the division of liquor control with regard to	48043
the spirituous liquor merchandising operations of the division.	48044
The payments from JobsOhio shall be deposited into the state	48045
treasury to the credit of the liquor ~~control~~operating services	48046
fund ~~created in section 4301.12 of the Revised Code~~, which is	48047
hereby created in the state treasury. The fund shall be used to	48048
pay for the operations of the division specified in this division.	48049

(G) The transaction and transfer provided for under this	48050
section shall comply with all applicable provisions of the Ohio	48051
Constitution.	48052

Sec. 4501.01. As used in this chapter and Chapters 4503.,	48053
4505., 4507., 4509., 4510., 4511., 4513., 4515., and 4517. of the	48054
Revised Code, and in the penal laws, except as otherwise provided:	48055

(A) "Vehicles" means everything on wheels or runners,	48056
including motorized bicycles, but does not mean electric personal	48057
assistive mobility devices, vehicles that are operated exclusively	48058
on rails or tracks or from overhead electric trolley wires, and	48059
vehicles that belong to any police department, municipal fire	48060
department, or volunteer fire department, or that are used by such	48061
a department in the discharge of its functions.	48062

(B) "Motor vehicle" means any vehicle, including mobile homes	48063
and recreational vehicles, that is propelled or drawn by power	48064
other than muscular power or power collected from overhead	48065
electric trolley wires. "Motor vehicle" does not include utility	48066
vehicles as defined in division (VV) of this section, motorized	48067
bicycles, road rollers, traction engines, power shovels, power	48068
cranes, and other equipment used in construction work and not	48069
designed for or employed in general highway transportation,	48070
well-drilling machinery, ditch-digging machinery, farm machinery,	48071
and trailers that are designed and used exclusively to transport a	48072
boat between a place of storage and a marina, or in and around a	48073
marina, when drawn or towed on a public road or highway for a	48074
distance of no more than ten miles and at a speed of twenty-five	48075
miles per hour or less.	48076

(C) "Agricultural tractor" and "traction engine" mean any	48077
self-propelling vehicle that is designed or used for drawing other	48078
vehicles or wheeled machinery, but has no provisions for carrying	48079
loads independently of such other vehicles, and that is used	48080
principally for agricultural purposes.	48081

(D) "Commercial tractor," except as defined in division (C)	48082
of this section, means any motor vehicle that has motive power and	48083
either is designed or used for drawing other motor vehicles, or is	48084
designed or used for drawing another motor vehicle while carrying	48085
a portion of the other motor vehicle or its load, or both.	48086

(E) "Passenger car" means any motor vehicle that is designed	48087
and used for carrying not more than nine persons and includes any	48088
motor vehicle that is designed and used for carrying not more than	48089
fifteen persons in a ridesharing arrangement.	48090

(F) "Collector's vehicle" means any motor vehicle or	48091
agricultural tractor or traction engine that is of special	48092
interest, that has a fair market value of one hundred dollars or	48093
more, whether operable or not, and that is owned, operated,	48094
collected, preserved, restored, maintained, or used essentially as	48095
a collector's item, leisure pursuit, or investment, but not as the	48096
owner's principal means of transportation. "Licensed collector's	48097
vehicle" means a collector's vehicle, other than an agricultural	48098
tractor or traction engine, that displays current, valid license	48099
tags issued under section 4503.45 of the Revised Code, or a	48100
similar type of motor vehicle that displays current, valid license	48101
tags issued under substantially equivalent provisions in the laws	48102
of other states.	48103

(G) "Historical motor vehicle" means any motor vehicle that	48104
is over twenty-five years old and is owned solely as a collector's	48105
item and for participation in club activities, exhibitions, tours,	48106
parades, and similar uses, but that in no event is used for	48107
general transportation.	48108

(H) "Noncommercial motor vehicle" means any motor vehicle,	48109
including a farm truck as defined in section 4503.04 of the	48110
Revised Code, that is designed by the manufacturer to carry a load	48111
of no more than one ton and is used exclusively for purposes other	48112
than engaging in business for profit.	48113

(I) "Bus" means any motor vehicle that has motor power and is	48114
designed and used for carrying more than nine passengers, except	48115
any motor vehicle that is designed and used for carrying not more	48116
than fifteen passengers in a ridesharing arrangement.	48117

(J) "Commercial car" or "truck" means any motor vehicle that	48118
has motor power and is designed and used for carrying merchandise	48119
or freight, or that is used as a commercial tractor.	48120

(K) "Bicycle" means every device, other than a tricycle that	48121
is designed solely for use as a play vehicle by a child, that is	48122
propelled solely by human power upon which any person may ride,	48123
and that has two tandem wheels, or one wheel in front and two	48124
wheels in the rear, or two wheels in the front and one wheel in	48125
the rear, any of which is more than fourteen inches in diameter.	48126

(L) "Motorized bicycle" means any vehicle that either has two	48127
tandem wheels or one wheel in the front and two wheels in the	48128
rear, that is capable of being pedaled, and that is equipped with	48129
a helper motor of not more than fifty cubic centimeters piston	48130
displacement that produces no more than one brake horsepower and	48131
is capable of propelling the vehicle at a speed of no greater than	48132
twenty miles per hour on a level surface.	48133

(M) "Trailer" means any vehicle without motive power that is	48134
designed or used for carrying property or persons wholly on its	48135
own structure and for being drawn by a motor vehicle, and includes	48136
any such vehicle that is formed by or operated as a combination of	48137
a semitrailer and a vehicle of the dolly type such as that	48138
commonly known as a trailer dolly, a vehicle used to transport	48139
agricultural produce or agricultural production materials between	48140
a local place of storage or supply and the farm when drawn or	48141
towed on a public road or highway at a speed greater than	48142
twenty-five miles per hour, and a vehicle that is designed and	48143
used exclusively to transport a boat between a place of storage	48144
and a marina, or in and around a marina, when drawn or towed on a	48145
public road or highway for a distance of more than ten miles or at	48146
a speed of more than twenty-five miles per hour. "Trailer" does	48147
not include a manufactured home or travel trailer.	48148

(N) "Noncommercial trailer" means any trailer, except a	48149
travel trailer or trailer that is used to transport a boat as	48150
described in division (B) of this section, but, where applicable,	48151
includes a vehicle that is used to transport a boat as described	48152
in division (M) of this section, that has a gross weight of no	48153
more than ten thousand pounds, and that is used exclusively for	48154
purposes other than engaging in business for a profit, such as the	48155
transportation of personal items for personal or recreational	48156
purposes.	48157

(O) "Mobile home" means a building unit or assembly of closed	48158
construction that is fabricated in an off-site facility, is more	48159
than thirty-five body feet in length or, when erected on site, is	48160
three hundred twenty or more square feet, is built on a permanent	48161
chassis, is transportable in one or more sections, and does not	48162
qualify as a manufactured home as defined in division (C)(4) of	48163
section 3781.06 of the Revised Code or as an industrialized unit	48164
as defined in division (C)(3) of section 3781.06 of the Revised	48165
Code.	48166

(P) "Semitrailer" means any vehicle of the trailer type that	48167
does not have motive power and is so designed or used with another	48168
and separate motor vehicle that in operation a part of its own	48169
weight or that of its load, or both, rests upon and is carried by	48170
the other vehicle furnishing the motive power for propelling	48171
itself and the vehicle referred to in this division, and includes,	48172
for the purpose only of registration and taxation under those	48173
chapters, any vehicle of the dolly type, such as a trailer dolly,	48174
that is designed or used for the conversion of a semitrailer into	48175
a trailer.	48176

(Q) "Recreational vehicle" means a vehicular portable	48177
structure that meets all of the following conditions:	48178

(1) It is designed for the sole purpose of recreational	48179
travel.	48180

(2) It is not used for the purpose of engaging in business	48181
for profit.	48182

(3) It is not used for the purpose of engaging in intrastate	48183
commerce.	48184

(4) It is not used for the purpose of commerce as defined in	48185
49 C.F.R. 383.5, as amended.	48186

(5) It is not regulated by the public utilities commission	48187
pursuant to Chapter ~~4919~~4905., 4921., or 4923. of the Revised	48188
Code.	48189

(6) It is classed as one of the following:

48190

(a) "Travel trailer" means a nonself-propelled recreational	48191
vehicle that does not exceed an overall length of thirty-five	48192
feet, exclusive of bumper and tongue or coupling, and contains	48193
less than three hundred twenty square feet of space when erected	48194
on site. "Travel trailer" includes a tent-type fold-out camping	48195
trailer as defined in section 4517.01 of the Revised Code.	48196

(b) "Motor home" means a self-propelled recreational vehicle	48197
that has no fifth wheel and is constructed with permanently	48198
installed facilities for cold storage, cooking and consuming of	48199
food, and for sleeping.	48200

(c) "Truck camper" means a nonself-propelled recreational	48201
vehicle that does not have wheels for road use and is designed to	48202
be placed upon and attached to a motor vehicle. "Truck camper"	48203
does not include truck covers that consist of walls and a roof,	48204
but do not have floors and facilities enabling them to be used as	48205
a dwelling.	48206

(d) "Fifth wheel trailer" means a vehicle that is of such	48207
size and weight as to be movable without a special highway permit,	48208
that has a gross trailer area of four hundred square feet or less,	48209
that is constructed with a raised forward section that allows a	48210
bi-level floor plan, and that is designed to be towed by a vehicle	48211
equipped with a fifth-wheel hitch ordinarily installed in the bed	48212
of a truck.	48213

(e) "Park trailer" means a vehicle that is commonly known as	48214
a park model recreational vehicle, meets the American national	48215
standard institute standard A119.5 (1988) for park trailers, is	48216
built on a single chassis, has a gross trailer area of four	48217
hundred square feet or less when set up, is designed for seasonal	48218
or temporary living quarters, and may be connected to utilities	48219
necessary for the operation of installed features and appliances.	48220

(R) "Pneumatic tires" means tires of rubber and fabric or	48221
tires of similar material, that are inflated with air.	48222

(S) "Solid tires" means tires of rubber or similar elastic	48223
material that are not dependent upon confined air for support of	48224
the load.	48225

(T) "Solid tire vehicle" means any vehicle that is equipped	48226
with two or more solid tires.	48227

(U) "Farm machinery" means all machines and tools that are	48228
used in the production, harvesting, and care of farm products, and	48229
includes trailers that are used to transport agricultural produce	48230
or agricultural production materials between a local place of	48231
storage or supply and the farm, agricultural tractors, threshing	48232
machinery, hay-baling machinery, corn shellers, hammermills, and	48233
machinery used in the production of horticultural, agricultural,	48234
and vegetable products.	48235

(V) "Owner" includes any person or firm, other than a	48236
manufacturer or dealer, that has title to a motor vehicle, except	48237
that, in sections 4505.01 to 4505.19 of the Revised Code, "owner"	48238
includes in addition manufacturers and dealers.	48239

(W) "Manufacturer" and "dealer" include all persons and firms	48240
that are regularly engaged in the business of manufacturing,	48241
selling, displaying, offering for sale, or dealing in motor	48242
vehicles, at an established place of business that is used	48243
exclusively for the purpose of manufacturing, selling, displaying,	48244
offering for sale, or dealing in motor vehicles. A place of	48245
business that is used for manufacturing, selling, displaying,	48246
offering for sale, or dealing in motor vehicles shall be deemed to	48247
be used exclusively for those purposes even though snowmobiles or	48248
all-purpose vehicles are sold or displayed for sale thereat, even	48249
though farm machinery is sold or displayed for sale thereat, or	48250
even though repair, accessory, gasoline and oil, storage, parts,	48251
service, or paint departments are maintained thereat, or, in any	48252
county having a population of less than seventy-five thousand at	48253
the last federal census, even though a department in a place of	48254
business is used to dismantle, salvage, or rebuild motor vehicles	48255
by means of used parts, if such departments are operated for the	48256
purpose of furthering and assisting in the business of	48257
manufacturing, selling, displaying, offering for sale, or dealing	48258
in motor vehicles. Places of business or departments in a place of	48259
business used to dismantle, salvage, or rebuild motor vehicles by	48260
means of using used parts are not considered as being maintained	48261
for the purpose of assisting or furthering the manufacturing,	48262
selling, displaying, and offering for sale or dealing in motor	48263
vehicles.	48264

(X) "Operator" includes any person who drives or operates a	48265
motor vehicle upon the public highways.	48266

(Y) "Chauffeur" means any operator who operates a motor	48267
vehicle, other than a taxicab, as an employee for hire; or any	48268
operator whether or not the owner of a motor vehicle, other than a	48269
taxicab, who operates such vehicle for transporting, for gain,	48270
compensation, or profit, either persons or property owned by	48271
another. Any operator of a motor vehicle who is voluntarily	48272
involved in a ridesharing arrangement is not considered an	48273
employee for hire or operating such vehicle for gain,	48274
compensation, or profit.	48275

(Z) "State" includes the territories and federal districts of	48276
the United States, and the provinces of Canada.	48277

(AA) "Public roads and highways" for vehicles includes all	48278
public thoroughfares, bridges, and culverts.	48279

(BB) "Manufacturer's number" means the manufacturer's	48280
original serial number that is affixed to or imprinted upon the	48281
chassis or other part of the motor vehicle.	48282

(CC) "Motor number" means the manufacturer's original number	48283
that is affixed to or imprinted upon the engine or motor of the	48284
vehicle.	48285

(DD) "Distributor" means any person who is authorized by a	48286
motor vehicle manufacturer to distribute new motor vehicles to	48287
licensed motor vehicle dealers at an established place of business	48288
that is used exclusively for the purpose of distributing new motor	48289
vehicles to licensed motor vehicle dealers, except when the	48290
distributor also is a new motor vehicle dealer, in which case the	48291
distributor may distribute at the location of the distributor's	48292
licensed dealership.	48293

(EE) "Ridesharing arrangement" means the transportation of	48294
persons in a motor vehicle where the transportation is incidental	48295
to another purpose of a volunteer driver and includes ridesharing	48296
arrangements known as carpools, vanpools, and buspools.	48297

(FF) "Apportionable vehicle" means any vehicle that is used	48298
or intended for use in two or more international registration plan	48299
member jurisdictions that allocate or proportionally register	48300
vehicles, that is used for the transportation of persons for hire	48301
or designed, used, or maintained primarily for the transportation	48302
of property, and that meets any of the following qualifications:	48303

(1) Is a power unit having a gross vehicle weight in excess	48304
of twenty-six thousand pounds;	48305

(2) Is a power unit having three or more axles, regardless of	48306
the gross vehicle weight;	48307

(3) Is a combination vehicle with a gross vehicle weight in	48308
excess of twenty-six thousand pounds.	48309

"Apportionable vehicle" does not include recreational	48310
vehicles, vehicles displaying restricted plates, city pick-up and	48311
delivery vehicles, buses used for the transportation of chartered	48312
parties, or vehicles owned and operated by the United States, this	48313
state, or any political subdivisions thereof.	48314

(GG) "Chartered party" means a group of persons who contract	48315
as a group to acquire the exclusive use of a passenger-carrying	48316
motor vehicle at a fixed charge for the vehicle in accordance with	48317
the carrier's tariff, lawfully on file with the United States	48318
department of transportation, for the purpose of group travel to a	48319
specified destination or for a particular itinerary, either agreed	48320
upon in advance or modified by the chartered group after having	48321
left the place of origin.	48322

(HH) "International registration plan" means a reciprocal	48323
agreement of member jurisdictions that is endorsed by the American	48324
association of motor vehicle administrators, and that promotes and	48325
encourages the fullest possible use of the highway system by	48326
authorizing apportioned registration of fleets of vehicles and	48327
recognizing registration of vehicles apportioned in member	48328
jurisdictions.	48329

(II) "Restricted plate" means a license plate that has a	48330
restriction of time, geographic area, mileage, or commodity, and	48331
includes license plates issued to farm trucks under division (J)	48332
of section 4503.04 of the Revised Code.	48333

(JJ) "Gross vehicle weight," with regard to any commercial	48334
car, trailer, semitrailer, or bus that is taxed at the rates	48335
established under section 4503.042 or 4503.65 of the Revised Code,	48336
means the unladen weight of the vehicle fully equipped plus the	48337
maximum weight of the load to be carried on the vehicle.	48338

(KK) "Combined gross vehicle weight" with regard to any	48339
combination of a commercial car, trailer, and semitrailer, that is	48340
taxed at the rates established under section 4503.042 or 4503.65	48341
of the Revised Code, means the total unladen weight of the	48342
combination of vehicles fully equipped plus the maximum weight of	48343
the load to be carried on that combination of vehicles.	48344

(LL) "Chauffeured limousine" means a motor vehicle that is	48345
designed to carry nine or fewer passengers and is operated for	48346
hire on an hourly basis pursuant to a prearranged contract for the	48347
transportation of passengers on public roads and highways along a	48348
route under the control of the person hiring the vehicle and not	48349
over a defined and regular route. "Prearranged contract" means an	48350
agreement, made in advance of boarding, to provide transportation	48351
from a specific location in a chauffeured limousine at a fixed	48352
rate per hour or trip. "Chauffeured limousine" does not include	48353
any vehicle that is used exclusively in the business of funeral	48354
directing.	48355

(MM) "Manufactured home" has the same meaning as in division	48356
(C)(4) of section 3781.06 of the Revised Code.	48357

(NN) "Acquired situs," with respect to a manufactured home or	48358
a mobile home, means to become located in this state by the	48359
placement of the home on real property, but does not include the	48360
placement of a manufactured home or a mobile home in the inventory	48361
of a new motor vehicle dealer or the inventory of a manufacturer,	48362
remanufacturer, or distributor of manufactured or mobile homes.	48363

(OO) "Electronic" includes electrical, digital, magnetic,	48364
optical, electromagnetic, or any other form of technology that	48365
entails capabilities similar to these technologies.	48366

(PP) "Electronic record" means a record generated,	48367
communicated, received, or stored by electronic means for use in	48368
an information system or for transmission from one information	48369
system to another.	48370

(QQ) "Electronic signature" means a signature in electronic	48371
form attached to or logically associated with an electronic	48372
record.	48373

(RR) "Financial transaction device" has the same meaning as	48374
in division (A) of section 113.40 of the Revised Code.	48375

(SS) "Electronic motor vehicle dealer" means a motor vehicle	48376
dealer licensed under Chapter 4517. of the Revised Code whom the	48377
registrar of motor vehicles determines meets the criteria	48378
designated in section 4503.035 of the Revised Code for electronic	48379
motor vehicle dealers and designates as an electronic motor	48380
vehicle dealer under that section.	48381

(TT) "Electric personal assistive mobility device" means a	48382
self-balancing two non-tandem wheeled device that is designed to	48383
transport only one person, has an electric propulsion system of an	48384
average of seven hundred fifty watts, and when ridden on a paved	48385
level surface by an operator who weighs one hundred seventy pounds	48386
has a maximum speed of less than twenty miles per hour.	48387

(UU) "Limited driving privileges" means the privilege to	48388
operate a motor vehicle that a court grants under section 4510.021	48389
of the Revised Code to a person whose driver's or commercial	48390
driver's license or permit or nonresident operating privilege has	48391
been suspended.	48392

(VV) "Utility vehicle" means a self-propelled vehicle	48393
designed with a bed, principally for the purpose of transporting	48394
material or cargo in connection with construction, agricultural,	48395
forestry, grounds maintenance, lawn and garden, materials	48396
handling, or similar activities. "Utility vehicle" includes a	48397
vehicle with a maximum attainable speed of twenty miles per hour	48398
or less that is used exclusively within the boundaries of state	48399
parks by state park employees or volunteers for the operation or	48400
maintenance of state park facilities.	48401

Sec. 4501.06. The taxes, fees, and fines levied, charged, or	48402
referred to in division (O) of section 4503.04, division (E) of	48403
section 4503.042, division (B) of section 4503.07, division (C)(1)	48404
of section 4503.10, division (D) of section 4503.182, division (A)	48405
of section 4503.19, division (D)(2) of section 4507.24, division	48406
(A) of section 4508.06, and sections 4503.40, 4503.42, 4505.11,	48407
4505.111, 4506.08, 4506.09, 4507.23, 4508.05, ~~4923.12,~~ and 5502.12	48408
of the Revised Code, and the taxes charged in section 4503.65 that	48409
are distributed in accordance with division (A)(2) of section	48410
4501.044 of the Revised Code unless otherwise designated by law,	48411
shall be deposited in the state treasury to the credit of the	48412
state highway safety fund, which is hereby created, and shall,	48413
after receipt of certifications from the commissioners of the	48414
sinking fund certifying that there are sufficient moneys to the	48415
credit of the highway obligations bond retirement fund created by	48416
section 5528.32 of the Revised Code to meet in full all payments	48417
of interest, principal, and charges for the retirement of highway	48418
obligations issued pursuant to Section 2i of Article VIII, Ohio	48419
Constitution, and sections 5528.30 and 5528.31 of the Revised Code	48420
due and payable during the current calendar year, be used for the	48421
purpose of enforcing and paying the expenses of administering the	48422
law relative to the registration and operation of motor vehicles	48423
on the public roads or highways. Amounts credited to the fund may	48424
also be used to pay the expenses of administering and enforcing	48425
the laws under which such fees were collected. All investment	48426
earnings of the state highway safety fund shall be credited to the	48427
fund.	48428

Sec. 4501.271. (A)(1) A peace officer, correctional	48429
employee, or youth services employee may file a written request	48430
with the bureau of motor vehicles to do either or both of the	48431
following:	48432

(a) Prohibit disclosure of the officer's or employee's	48433
residence address as contained in motor vehicle records of the	48434
bureau;	48435

(b) Provide a business address to be displayed on the	48436
officer's or employee's driver's license or certificate of	48437
registration, or both.	48438

(2) The officer or employee shall file the request described	48439
in division (A)(1) of this section on a form provided by the	48440
registrar of motor vehicles and shall provide any documentary	48441
evidence verifying the person's status as a peace officer,	48442
correctional employee, or youth services employee and the	48443
officer's or employee's business address that the registrar	48444
requires pursuant to division (G) of this section.	48445

(B)(1) Except as provided in division (C) of this section, if	48446
a peace officer, correctional employee, or youth services employee	48447
has filed a request under division (A) of this section, neither	48448
the registrar nor an employee or contractor of the bureau of motor	48449
vehicles shall knowingly disclose the residence address of the	48450
officer or employee that the bureau obtained in connection with a	48451
motor vehicle record.	48452

(2) In accordance with section 149.43 of the Revised Code,	48453
the registrar or an employee or contractor of the bureau shall	48454
make available for inspection or copying a motor vehicle record of	48455
a peace officer, correctional employee, or youth services employee	48456
who has filed a request under division (A) of this section if the	48457
record is a public record under that section, but shall obliterate	48458
the residence address of the officer or employee from the record	48459
before making the record available for inspection or copying. The	48460
business address of the officer or employee may be made available	48461
in response to a valid request under section 149.43 of the Revised	48462
Code.	48463

(C) Notwithstanding division (B)(2) of section 4501.27 of the	48464
Revised Code, the registrar or an employee or contractor of the	48465
bureau may disclose the residence address of a peace officer,	48466
correctional employee, or youth services employee who files a	48467
request under division (A) of this section only in accordance with	48468
division (B)(1) of section 4501.27 of the Revised Code or pursuant	48469
to a court order.	48470

(D) If a peace officer, correctional employee, or youth	48471
services employee files a request under division (A)(1)(b) of this	48472
section, the officer shall still provide a residence address in	48473
any application for a driver's license or license renewal and in	48474
any application for a motor vehicle registration or registration	48475
renewal. In accordance with sections 4503.101 and 4507.09 of the	48476
Revised Code, an officer or employee shall notify the registrar of	48477
any change in the officer's or employee's residence within ten	48478
days after the change occurs.	48479

(E) A certificate of registration issued to a peace officer,	48480
correctional employee, or youth services employee who files a	48481
request under division (A)(1)(b) of this section shall display the	48482
business address of the officer. Notwithstanding section 4507.13	48483
of the Revised Code, a driver's license issued to an officer or	48484
employee who files a request under division (A)(1)(b) of this	48485
section shall display the business address of the officer or	48486
employee.	48487

(F) The registrar may utilize the residence address of a	48488
peace officer, correctional employee, or youth services employee	48489
who files a request under division (A)(1)(b) of this section in	48490
carrying out the functions of the bureau of motor vehicles,	48491
including determining the district of registration for any	48492
applicable motor vehicle tax levied under Chapter 4504. of the	48493
Revised Code, determining whether tailpipe emissions inspections	48494
are required, and financial responsibility verification.	48495

(G) The registrar shall adopt rules governing a request for	48496
confidentiality of a peace officer's, correctional employee's, or	48497
youth services employee's residence address or use of a business	48498
address, including the documentary evidence required to verify the	48499
person's status as a peace officer, correctional employee, or	48500
youth services employee, the length of time that the request will	48501
be valid, procedures for ensuring that the bureau of motor	48502
vehicles receives notice of any change in a person's status as a	48503
peace officer, correctional employee, or youth services employee,	48504
and any other procedures the registrar considers necessary. The	48505
rules of the registrar may require an officer or employee to	48506
surrender any certificate of registration and any driver's license	48507
bearing the business address of the officer or employee and, upon	48508
payment of any applicable fees, to receive a certificate of	48509
registration and license bearing the officer's or employee's	48510
residence address, whenever the officer or employee no longer is	48511
associated with that business address.	48512

(H) As used in this section:

48513

(1) "Motor vehicle record" has the same meaning as in section	48514
4501.27 of the Revised Code.	48515

(2) "Peace officer" means those persons described in division	48516
(A)(1), (2), (4), (5), (6), (9), (10), (12), (13), or (15) of	48517
section 109.71 of the Revised Code, an officer, agent, or employee	48518
of the state or any of its agencies, instrumentalities, or	48519
political subdivisions, upon whom, by statute, a duty to conserve	48520
the peace or to enforce all or certain laws is imposed and the	48521
authority to arrest violators is conferred, within the limits of	48522
that statutory duty and authority, an investigator of the bureau	48523
of criminal identification and investigation as defined in section	48524
2903.11 of the Revised Code, the house sergeant at arms appointed	48525
under division (B)(1) of section 101.311 of the Revised Code, ~~and~~	48526
any assistant sergeant at arms appointed under division (C)(1) of	48527
section 101.311 of the Revised Code, the senate sergeant at arms,	48528
and an assistant senate sergeant at arms. "Peace officer" includes	48529
state highway patrol troopers but does not include the sheriff of	48530
a county or a supervisory employee who, in the absence of the	48531
sheriff, is authorized to stand in for, exercise the authority of,	48532
and perform the duties of the sheriff.	48533

(3) "Correctional employee" and "youth services employee"	48534
have the same meanings as in section 149.43 of the Revised Code.	48535

Sec. 4503.031. (A)(1) If the registrar of motor vehicles	48536
determines that space is available at a deputy registrar's office,	48537
the clerk of the court of common pleas in the county where the	48538
deputy is located shall be given the opportunity to use the space	48539
for the purpose of carrying out the clerk's duties related to the	48540
titling of motor vehicles. Each clerk of the court of common pleas	48541
using space in a deputy registrar's office shall remit to the	48542
deputy a rental fee equal to the percentage of space occupied by	48543
the clerk in the deputy's office multiplied by the rental fee or	48544
mortgage cost paid for the entire deputy registrar's office plus a	48545
pro rata share of all utility costs.	48546

(2) If the clerk of the court of common pleas determines that	48547
space is available at any location at which the clerk has an	48548
office, the clerk shall inform the registrar of that fact and	48549
shall provide the registrar with all pertinent information about	48550
the available space. After giving due consideration to the	48551
locations of deputy registrar offices existing in the county in	48552
which the clerk of the court of common pleas is located, the	48553
registrar shall inform the appropriate deputy registrars, if any,	48554
of the available space of the clerk of the court of common pleas.	48555
Each such deputy registrar shall be given the opportunity to use	48556
the space for the purpose of carrying out the deputy registrar's	48557
duties. Each deputy registrar using space in the office of the	48558
clerk of a court of common pleas shall remit to the clerk a rental	48559
fee equal to the percentage of space occupied by the deputy	48560
registrar in the clerk's office multiplied by the rental fee or	48561
mortgage cost, if any, paid for the entire clerk's office plus a	48562
pro rata share of all utility costs.	48563

If no current deputy registrar elects to utilize the	48564
available space of the clerk of the court of common pleas, the	48565
registrar shall inform all persons who express an interest to the	48566
registrar in becoming a deputy registrar in that county of the	48567
available space of the clerk if the space in fact continues to be	48568
available.	48569

(3) A clerk of the court of common pleas and a deputy	48570
registrar may elect to occupy a location at which neither the	48571
clerk nor the deputy currently is an occupant. Any such	48572
arrangement is subject to the approval of the registrar, who shall	48573
give due consideration to all issues and aspects of the proposed	48574
arrangement, including security at the location and service to the	48575
public.	48576

(B) ~~The~~When possible, as determined by the director of	48577
public safety and the registrar ~~and the superintendent of the~~	48578
~~state highway patrol shall cooperate to the fullest extent~~	48579
~~possible in locating~~, a driver's license examination station shall	48580
be located at or near a deputy registrar's office. For each	48581
driver's license examination station located at a deputy	48582
registrar's office, the ~~superintendent of the state highway patrol~~	48583
director shall remit to the deputy a rental fee equal to the	48584
percentage of space occupied for the driver's license examination	48585
station multiplied by the rental fee or mortgage cost paid for the	48586
entire deputy registrar's office plus a pro rata share of all	48587
utility costs.	48588

(C) During the regular business hours of deputy registrars,	48589
the registrar shall keep the central office open and sufficiently	48590
staffed to be able to respond to the technical needs of the	48591
deputies.	48592

(D) The registrar shall adopt rules to promote public	48593
information regarding motor vehicle registration. The rules shall	48594
include:	48595

(1) The operation by the registrar, during the regular	48596
business hours of deputy registrars, of a toll-free telephone	48597
number to give information and receive complaints;	48598

(2) The listing by the registrar, of each deputy registrar,	48599
together with the toll-free telephone number required under	48600
division (D)(1) of this section, in the local business and	48601
advertising telephone directory for the area served by the deputy,	48602
under the heading of the bureau of motor vehicles.	48603

Sec. 4503.061. (A) All manufactured and mobile homes shall	48604
be listed on either the real property tax list or the manufactured	48605
home tax list of the county in which the home has situs. Each	48606
owner shall follow the procedures in this section to identify the	48607
home to the county auditor of the county containing the taxing	48608
district in which the home has situs so that the auditor may place	48609
the home on the appropriate tax list.	48610

(B) When a manufactured or mobile home first acquires situs	48611
in this state and is subject to real property taxation pursuant to	48612
division (B)(1) or (2) of section 4503.06 of the Revised Code, the	48613
owner shall present to the auditor of the county containing the	48614
taxing district in which the home has its situs the certificate of	48615
title for the home, together with proof that all taxes due have	48616
been paid and proof that a relocation notice was obtained for the	48617
home if required under this section. Upon receiving the	48618
certificate of title and the required proofs, the auditor shall	48619
place the home on the real property tax list and proceed to treat	48620
the home as other properties on that list. After the auditor has	48621
placed the home on the tax list of real and public utility	48622
property, the auditor shall deliver the certificate of title to	48623
the clerk of the court of common pleas that issued it pursuant to	48624
section 4505.11 of the Revised Code, and the clerk shall	48625
inactivate the certificate of title.	48626

(C)(1) When a manufactured or mobile home subject to a	48627
manufactured home tax is relocated to or first acquires situs in	48628
any county that has adopted a permanent manufactured home	48629
registration system, as provided in division (F) of this section,	48630
the owner, within thirty days after the home is relocated or first	48631
acquires situs under section 4503.06 of the Revised Code, shall	48632
register the home with the county auditor of the county containing	48633
the taxing district in which the home has its situs. For the first	48634
registration in each county of situs, the owner or vendee in	48635
possession shall present to the county auditor an Ohio certificate	48636
of title, certified copy of the certificate of title, or	48637
memorandum certificate of title as such are required by law, and	48638
proof, as required by the county auditor, that the home, if it has	48639
previously been occupied and is being relocated, has been	48640
previously registered, that all taxes due and required to be paid	48641
under division (H)(1) of this section before a relocation notice	48642
may be issued have been paid, and that a relocation notice was	48643
obtained for the home if required by division (H) of this section.	48644
If the owner or vendee does not possess the Ohio certificate of	48645
title, certified copy of the certificate of title, or memorandum	48646
certificate of title at the time the owner or vendee first	48647
registers the home in a county, the county auditor shall register	48648
the home without presentation of the document, but the owner or	48649
vendee shall present the certificate of title, certified copy of	48650
the certificate of title, or memorandum certificate of title to	48651
the county auditor within fourteen days after the owner or vendee	48652
obtains possession of the document.	48653

(2) When a manufactured or mobile home is registered for the	48654
first time in a county and when the total tax due has been paid as	48655
required by division (F) of section 4503.06 of the Revised Code or	48656
divisions (E) and (H) of this section, the county treasurer shall	48657
note by writing or by a stamp on the certificate of title,	48658
certified copy of certificate of title, or memorandum certificate	48659
of title that the home has been registered and that the taxes due,	48660
if any, have been paid for the preceding five years and for the	48661
current year. The treasurer shall then issue a certificate	48662
evidencing registration and a decal to be displayed on the street	48663
side of the home. The certificate is valid in any county in this	48664
state during the year for which it is issued.	48665

(3) For each year thereafter, the county treasurer shall	48666
issue a tax bill stating the amount of tax due under section	48667
4503.06 of the Revised Code, as provided in division (D)(6) of	48668
that section. When the total tax due has been paid as required by	48669
division (F) of that section, the county treasurer shall issue a	48670
certificate evidencing registration that shall be valid in any	48671
county in this state during the year for which the certificate is	48672
issued.	48673

(4) The permanent decal issued under this division is valid	48674
during the period of ownership, except that when a manufactured	48675
home is relocated in another county the owner shall apply for a	48676
new registration as required by this section and section 4503.06	48677
of the Revised Code.	48678

(D)(1) All owners of manufactured or mobile homes subject to	48679
the manufactured home tax being relocated to or having situs in a	48680
county that has not adopted a permanent registration system, as	48681
provided in division (F) of this section, shall register the home	48682
within thirty days after the home is relocated or first acquires	48683
situs under section 4503.06 of the Revised Code and thereafter	48684
shall annually register the home with the county auditor of the	48685
county containing the taxing district in which the home has its	48686
situs.	48687

(2) Upon the annual registration, the county treasurer shall	48688
issue a tax bill stating the amount of annual manufactured home	48689
tax due under section 4503.06 of the Revised Code, as provided in	48690
division (D)(6) of that section. When a manufactured or mobile	48691
home is registered and when the tax for the current one-half year	48692
has been paid as required by division (F) of that section, the	48693
county treasurer shall issue a certificate evidencing registration	48694
and a decal. The certificate and decal are valid in any county in	48695
this state during the year for which they are issued. The decal	48696
shall be displayed on the street side of the home.	48697

(3) For the first annual registration in each county of	48698
situs, the county auditor shall require the owner or vendee to	48699
present an Ohio certificate of title, certified copy of the	48700
certificate of title, or memorandum certificate of title as such	48701
are required by law, and proof, as required by the county auditor,	48702
that the manufactured or mobile home has been previously	48703
registered, if such registration was required, that all taxes due	48704
and required to be paid under division (H)(1) of this section	48705
before a relocation notice may be issued have been paid, and that	48706
a relocation notice was obtained for the home if required by	48707
division (H) of this section. If the owner or vendee does not	48708
possess the Ohio certificate of title, certified copy of the	48709
certificate of title, or memorandum certificate of title at the	48710
time the owner or vendee first registers the home in a county, the	48711
county auditor shall register the home without presentation of the	48712
document, but the owner or vendee shall present the certificate of	48713
title, certified copy of the certificate of title, or memorandum	48714
certificate of title to the county auditor within fourteen days	48715
after the owner or vendee obtains possession of the document. When	48716
the county treasurer receives the tax payment, the county	48717
treasurer shall note by writing or by a stamp on the certificate	48718
of title, certified copy of the certificate of title, or	48719
memorandum certificate of title that the home has been registered	48720
for the current year and that the manufactured home taxes due, if	48721
any, have been paid for the preceding five years and for the	48722
current year.	48723

(4) For subsequent annual registrations, the auditor may	48724
require the owner or vendee in possession to present an Ohio	48725
certificate of title, certified copy of the certificate of title,	48726
or memorandum certificate of title to the county treasurer upon	48727
payment of the manufactured home tax that is due.	48728

(E)(1) Upon the application to transfer ownership of a	48729
manufactured or mobile home for which manufactured home taxes are	48730
paid pursuant to division (C) of section 4503.06 of the Revised	48731
Code the clerk of the court of common pleas shall not issue any	48732
certificate of title that does not contain or have attached both	48733
of the following:	48734

(a) An endorsement of the county treasurer stating that the	48735
home has been registered for each year of ownership and that all	48736
manufactured home taxes imposed pursuant to section 4503.06 of the	48737
Revised Code have been paid or that no tax is due;	48738

(b) An endorsement of the county auditor that the	48739
manufactured home transfer tax imposed pursuant to section 322.06	48740
of the Revised Code and any fees imposed under division (G) of	48741
section 319.54 of the Revised Code have been paid.	48742

(2) If all the taxes have not been paid, the clerk shall	48743
notify the vendee to contact the county treasurer of the county	48744
containing the taxing district in which the home has its situs at	48745
the time of the proposed transfer. The county treasurer shall then	48746
collect all the taxes that are due for the year of the transfer	48747
and all previous years not exceeding a total of five years. The	48748
county treasurer shall distribute that part of the collection owed	48749
to the county treasurer of other counties if the home had its	48750
situs in another county during a particular year when the unpaid	48751
tax became due and payable. The burden to prove the situs of the	48752
home in the years that the taxes were not paid is on the	48753
transferor of the home. Upon payment of the taxes, the county	48754
auditor shall remove all remaining taxes from the manufactured	48755
home tax list and the delinquent manufactured home tax list, and	48756
the county treasurer shall release all liens for such taxes. The	48757
clerk of courts shall issue a certificate of title, free and clear	48758
of all liens for manufactured home taxes, to the transferee of the	48759
home.	48760

(3) Once the transfer is complete and the certificate of	48761
title has been issued, the transferee shall register the	48762
manufactured or mobile home pursuant to division (C) or (D) of	48763
this section with the county auditor of the county containing the	48764
taxing district in which the home remains after the transfer or,	48765
if the home is relocated to another county, with the county	48766
auditor of the county to which the home is relocated. The	48767
transferee need not pay the annual tax for the year of acquisition	48768
if the original owner has already paid the annual tax for that	48769
year.	48770

(F) The county auditor may adopt a permanent registration	48771
system and issue a permanent decal with the first registration as	48772
prescribed by the tax commissioner.	48773

(G) When any manufactured or mobile home required to be	48774
registered by this section is not registered, the county auditor	48775
shall impose a penalty of one hundred dollars upon the owner and	48776
deposit the amount to the credit of the county real estate	48777
assessment fund to be used to pay the costs of administering this	48778
section and section 4503.06 of the Revised Code. If unpaid, the	48779
penalty shall constitute a lien on the home and shall be added by	48780
the county auditor to the manufactured home tax list for	48781
collection.	48782

(H)(1) Except as otherwise provided in this division, before	48783
moving a manufactured or mobile home on public roads from one	48784
address within this state to another address within or outside	48785
this state, the owner of the home shall obtain a relocation	48786
notice, as provided by this section, from the auditor of the	48787
county in which the home is located if the home is currently	48788
subject to taxation pursuant to section 4503.06 of the Revised	48789
Code. The auditor shall charge five dollars for the notice, and	48790
deposit the amount to the credit of the county real estate	48791
assessment fund to be used to pay the costs of administering this	48792
section and section 4503.06 of the Revised Code. The auditor shall	48793
not issue a relocation notice unless all taxes owed on the home	48794
under section 4503.06 of the Revised Code that were first charged	48795
to the home during the period of ownership of the owner seeking	48796
the relocation notice have been paid. If the home is being moved	48797
by a new owner of the home or by a party taking repossession of	48798
the home, the auditor shall not issue a relocation notice unless	48799
all of the taxes due for the preceding five years and for the	48800
current year have been paid. A relocation notice issued by a	48801
county auditor is valid until the last day of December of the year	48802
in which it was issued.	48803

If the home is being moved by a sheriff, police officer,	48804
constable, bailiff, or manufactured home park operator, as defined	48805
in section ~~3733.01~~4781.01 of the Revised Code, or any agent of	48806
any of these persons, for purposes of removal from a manufactured	48807
home park and storage, sale, or destruction under section 1923.14	48808
of the Revised Code, the auditor shall issue a relocation notice	48809
without requiring payment of any taxes owed on the home under	48810
section 4503.06 of the Revised Code.	48811

(2) If a manufactured or mobile home is not yet subject to	48812
taxation under section 4503.06 of the Revised Code, the owner of	48813
the home shall obtain a relocation notice from the dealer of the	48814
home. Within thirty days after the manufactured or mobile home is	48815
purchased, the dealer of the home shall provide the auditor of the	48816
county in which the home is to be located written notice of the	48817
name of the purchaser of the home, the registration number or	48818
vehicle identification number of the home, and the address or	48819
location to which the home is to be moved. The county auditor	48820
shall provide to each manufactured and mobile home dealer, without	48821
charge, a supply of relocation notices to be distributed to	48822
purchasers pursuant to this section.	48823

(3) The notice shall be in the form of a one-foot square	48824
yellow sign with the words "manufactured home relocation notice"	48825
printed prominently on it. The name of the owner of the home, the	48826
home's registration number or vehicle identification number, the	48827
county and the address or location to which the home is being	48828
moved, and the county in which the notice is issued shall also be	48829
entered on the notice.	48830

(4) The relocation notice must be attached to the rear of the	48831
home when the home is being moved on a public road. Except as	48832
provided in divisions (H)(1) and (5) of this section, no person	48833
shall drive a motor vehicle moving a manufactured or mobile home	48834
on a public road from one address to another address within this	48835
state unless a relocation notice is attached to the rear of the	48836
home.	48837

(5) If the county auditor determines that a manufactured or	48838
mobile home has been moved without a relocation notice as required	48839
under this division, the auditor shall impose a penalty of one	48840
hundred dollars upon the owner of the home and upon the person who	48841
moved the home and deposit the amount to the credit of the county	48842
real estate assessment fund to pay the costs of administering this	48843
section and section 4503.06 of the Revised Code. If the home was	48844
relocated from one county in this state to another county in this	48845
state and the county auditor of the county to which the home was	48846
relocated imposes the penalty, that county auditor, upon	48847
collection of the penalty, shall cause an amount equal to the	48848
penalty to be transmitted from the county real estate assessment	48849
fund to the county auditor of the county from which the home was	48850
relocated, who shall deposit the amount to the credit of the	48851
county real estate assessment fund. If the penalty on the owner is	48852
unpaid, the penalty shall constitute a lien on the home and the	48853
auditor shall add the penalty to the manufactured home tax list	48854
for collection. If the county auditor determines that a dealer	48855
that has sold a manufactured or mobile home has failed to timely	48856
provide the information required under this division, the auditor	48857
shall impose a penalty upon the dealer in the amount of one	48858
hundred dollars. The penalty shall be credited to the county real	48859
estate assessment fund and used to pay the costs of administering	48860
this section and section 4503.06 of the Revised Code.	48861

(I) Whoever violates division (H)(4) of this section is	48862
guilty of a minor misdemeanor.	48863

Sec. 4503.062. (A) Every operator of a manufactured home	48864
court, or manufactured home park, as defined in section ~~3733.01~~	48865
4781.01 of the Revised Code, or when there is no operator, every	48866
owner of property used for such purposes on which three or more	48867
manufactured or mobile homes are located, shall keep a register of	48868
all manufactured and mobile homes that make use of the court,	48869
park, or property. The register shall contain all of the	48870
following:	48871

(1) The name of the owner and all inhabitants of each home;

48872

(2) The ages of all inhabitants of each home;

48873

(3) The permanent and temporary post office addresses of all	48874
inhabitants of each home;	48875

(4) The license number of each home;

48876

(5) The state issuing each such license;

48877

(6) The date of arrival and of departure of each home;

48878

(7) The make and model of each home, if known and if either	48879
of the following applies:	48880

(a) The home enters the court, park, or property on or after	48881
January 1, 2003.	48882

(b) Ownership of the home in the court or park, or on the	48883
property, is transferred on or after January 1, 2003.	48884

(B) The register shall be open to inspection by the county	48885
auditor, the county treasurer, agents of the auditor or treasurer,	48886
and all law enforcement agencies at all times.	48887

(C) Any person who fails to comply with this section shall be	48888
fined not less than twenty-five nor more than one hundred dollars.	48889

Sec. 4503.49. (A) As used in this section, "ambulance,"	48890
"ambulette," "emergency medical service organization,"	48891
"nonemergency medical service organization," and "nontransport	48892
vehicle" have the same meanings as in section 4766.01 of the	48893
Revised Code.	48894

(B) Each private emergency medical service organization and	48895
each private nonemergency medical service organization shall apply	48896
to the registrar of motor vehicles for the registration of any	48897
ambulance, ambulette, or nontransport vehicle it owns or leases.	48898
The application shall be accompanied by a copy of the certificate	48899
of licensure issued to the organization by the ~~Ohio~~state board of	48900
emergency medical, fire, and transportation ~~board~~services and the	48901
following fees:	48902

(1) The regular license tax as prescribed under section	48903
4503.04 of the Revised Code;	48904

(2) Any local license tax levied under Chapter 4504. of the	48905
Revised Code;	48906

(3) An additional fee of seven dollars and fifty cents. The	48907
additional fee shall be for the purpose of compensating the bureau	48908
of motor vehicles for additional services required to be performed	48909
under this section and shall be transmitted by the registrar to	48910
the treasurer of state for deposit in the state bureau of motor	48911
vehicles fund created by section 4501.25 of the Revised Code.	48912

(C) On receipt of a complete application, the registrar shall	48913
issue to the applicant the appropriate certificate of registration	48914
for the vehicle and do one of the following:	48915

(1) Issue a set of license plates with a validation sticker	48916
and a set of stickers to be attached to the plates as an	48917
identification of the vehicle's classification as an ambulance,	48918
ambulette, or nontransport vehicle;	48919

(2) Issue a validation sticker alone when so required by	48920
section 4503.191 of the Revised Code.	48921

Sec. 4503.81. As used in the bus taxation proration and	48922
reciprocity agreement authorized by section 4503.80 of the Revised	48923
Code, with reference to Ohio, "administrator" means the registrar	48924
of motor vehicles.	48925

The registrar may make such exemptions from the coverage of	48926
the agreement as may be appropriate and may make such changes in	48927
methods for the reporting of any information required to be	48928
furnished to this state pursuant to the agreement as, in ~~his~~the	48929
registrar's judgment, are suitable; provided that any such	48930
exemptions or changes shall not be contrary to the purposes set	48931
forth in article I of the agreement and shall be made in order to	48932
permit the continuance of uniformity of practice among the	48933
contracting states with respect to buses. Any such exemption or	48934
change shall be made by rule adopted under Chapter 119. of the	48935
Revised Code. Unless otherwise provided in any statute withdrawing	48936
this state from participation in the agreement, the governor shall	48937
be the officer to give notice of withdrawal therefrom.	48938

The fees referred to in article IV (a) of the agreement shall	48939
include the fees provided in section 4503.04 of the Revised Code	48940
and the annual tax provided in section ~~4921.18~~4921.19 of the	48941
Revised Code. As to the state of Ohio, article V (d) shall mean	48942
that all fleets not subject to this compact shall continue to	48943
enjoy that reciprocity and those privileges extended by virtue of	48944
other provisions of the Revised Code.	48945

Nothing contained herein shall be construed so as to permit a	48946
fleet which is prorating under the laws of another state to avoid	48947
proration under this compact.	48948

The registrar of motor vehicles shall collect a fee of two	48949
dollars per bus for every bus registered under the provisions of	48950
article IV (a) for administration of the agreement, in addition to	48951
the fees provided in article IV (a).	48952

The registrar of motor vehicles shall assess the operator of	48953
buses registered under the provisions of article IV (a) the actual	48954
cost of ~~his~~the registrar's auditing the accuracy of the fees paid	48955
by the operator in accordance with article IV (a).	48956

The registrar of motor vehicles may renounce the	48957
participation of this state in the bus taxation proration and	48958
reciprocity agreement under article VI of section 4503.80 of the	48959
Revised Code, ~~if he finds~~after finding that further participation	48960
in the compact is not in the best interests of the state. The	48961
registrar shall set forth ~~his~~the registrar's reasons in writing	48962
and serve notice of intention to renounce the compact upon the	48963
owner of each registered fleet. HeThe registrar shall then	48964
certify the renunciation to the governor.	48965

Sec. 4506.01. As used in this chapter:

48966

(A) "Alcohol concentration" means the concentration of	48967
alcohol in a person's blood, breath, or urine. When expressed as a	48968
percentage, it means grams of alcohol per the following:	48969

(1) One hundred milliliters of whole blood, blood serum, or	48970
blood plasma;	48971

(2) Two hundred ten liters of breath;

48972

(3) One hundred milliliters of urine.

48973

(B) "Commercial driver's license" means a license issued in	48974
accordance with this chapter that authorizes an individual to	48975
drive a commercial motor vehicle.	48976

(C) "Commercial driver's license information system" means	48977
the information system established pursuant to the requirements of	48978
the "Commercial Motor Vehicle Safety Act of 1986," 100 Stat.	48979
3207-171, 49 U.S.C.A. App. 2701.	48980

(D) Except when used in section 4506.25 of the Revised Code,	48981
"commercial motor vehicle" means any motor vehicle designed or	48982
used to transport persons or property that meets any of the	48983
following qualifications:	48984

(1) Any combination of vehicles with a combined gross vehicle	48985
weight rating of twenty-six thousand one pounds or more, provided	48986
the gross vehicle weight rating of the vehicle or vehicles being	48987
towed is in excess of ten thousand pounds;	48988

(2) Any single vehicle with a gross vehicle weight rating of	48989
twenty-six thousand one pounds or more, or any such vehicle towing	48990
a vehicle having a gross vehicle weight rating that is not in	48991
excess of ten thousand pounds;	48992

(3) Any single vehicle or combination of vehicles that is not	48993
a class A or class B vehicle, but is designed to transport sixteen	48994
or more passengers including the driver;	48995

(4) Any school bus with a gross vehicle weight rating of less	48996
than twenty-six thousand one pounds that is designed to transport	48997
fewer than sixteen passengers including the driver;	48998

(5) Is transporting hazardous materials for which placarding	48999
is required under subpart F of 49 C.F.R. part 172, as amended;	49000

(6) Any single vehicle or combination of vehicles that is	49001
designed to be operated and to travel on a public street or	49002
highway and is considered by the federal motor carrier safety	49003
administration to be a commercial motor vehicle, including, but	49004
not limited to, a motorized crane, a vehicle whose function is to	49005
pump cement, a rig for drilling wells, and a portable crane.	49006

(E) "Controlled substance" means all of the following:

49007

(1) Any substance classified as a controlled substance under	49008
the "Controlled Substances Act," 80 Stat. 1242 (1970), 21 U.S.C.A.	49009
802(6), as amended;	49010

(2) Any substance included in schedules I through V of 21	49011
C.F.R. part 1308, as amended;	49012

(3) Any drug of abuse.

49013

(F) "Conviction" means an unvacated adjudication of guilt or	49014
a determination that a person has violated or failed to comply	49015
with the law in a court of original jurisdiction or an authorized	49016
administrative tribunal, an unvacated forfeiture of bail or	49017
collateral deposited to secure the person's appearance in court, a	49018
plea of guilty or nolo contendere accepted by the court, the	49019
payment of a fine or court cost, or violation of a condition of	49020
release without bail, regardless of whether or not the penalty is	49021
rebated, suspended, or probated.	49022

(G) "Disqualification" means any of the following:

49023

(1) The suspension, revocation, or cancellation of a person's	49024
privileges to operate a commercial motor vehicle;	49025

(2) Any withdrawal of a person's privileges to operate a	49026
commercial motor vehicle as the result of a violation of state or	49027
local law relating to motor vehicle traffic control other than	49028
parking, vehicle weight, or vehicle defect violations;	49029

(3) A determination by the federal motor carrier safety	49030
administration that a person is not qualified to operate a	49031
commercial motor vehicle under 49 C.F.R. 391.	49032

(H) "Downgrade" means any of the following, as applicable:

49033

(1) A change in the commercial driver's license holder's	49034
self-certified status as described in division (A)(2) of section	49035
4506.10 of the Revised Code;	49036

(2) A change to a lesser class of vehicle;

49037

(3) Removal of commercial driver's license privileges from	49038
the individual's driver's license.	49039

(I) "Drive" means to drive, operate, or be in physical	49040
control of a motor vehicle.	49041

(J) "Driver" means any person who drives, operates, or is in	49042
physical control of a commercial motor vehicle or is required to	49043
have a commercial driver's license.	49044

(K) "Driver's license" means a license issued by the bureau	49045
of motor vehicles that authorizes an individual to drive.	49046

(L) "Drug of abuse" means any controlled substance, dangerous	49047
drug as defined in section 4729.01 of the Revised Code, or	49048
over-the-counter medication that, when taken in quantities	49049
exceeding the recommended dosage, can result in impairment of	49050
judgment or reflexes.	49051

(M) "Electronic device" includes a cellular telephone, a	49052
personal digital assistant, a pager, a computer, and any other	49053
device used to input, write, send, receive, or read text.	49054

(N) "Eligible unit of local government" means a village,	49055
township, or county that has a population of not more than three	49056
thousand persons according to the most recent federal census.	49057

(O) "Employer" means any person, including the federal	49058
government, any state, and a political subdivision of any state,	49059
that owns or leases a commercial motor vehicle or assigns a person	49060
to drive such a motor vehicle.	49061

(P) "Endorsement" means an authorization on a person's	49062
commercial driver's license that is required to permit the person	49063
to operate a specified type of commercial motor vehicle.	49064

(Q) "Farm truck" means a truck controlled and operated by a	49065
farmer for use in the transportation to or from a farm, for a	49066
distance of not more than one hundred fifty miles, of products of	49067
the farm, including livestock and its products, poultry and its	49068
products, floricultural and horticultural products, and in the	49069
transportation to the farm, from a distance of not more than one	49070
hundred fifty miles, of supplies for the farm, including tile,	49071
fence, and every other thing or commodity used in agricultural,	49072
floricultural, horticultural, livestock, and poultry production,	49073
and livestock, poultry, and other animals and things used for	49074
breeding, feeding, or other purposes connected with the operation	49075
of the farm, when the truck is operated in accordance with this	49076
division and is not used in the operations of a ~~motor~~	49077
~~transportation company or private~~ motor carrier, as defined in	49078
section 4923.01 of the Revised Code.	49079

(R) "Fatality" means the death of a person as the result of a	49080
motor vehicle accident occurring not more than three hundred	49081
sixty-five days prior to the date of death.	49082

(S) "Felony" means any offense under federal or state law	49083
that is punishable by death or specifically classified as a felony	49084
under the law of this state, regardless of the penalty that may be	49085
imposed.	49086

(T) "Foreign jurisdiction" means any jurisdiction other than	49087
a state.	49088

(U) "Gross vehicle weight rating" means the value specified	49089
by the manufacturer as the maximum loaded weight of a single or a	49090
combination vehicle. The gross vehicle weight rating of a	49091
combination vehicle is the gross vehicle weight rating of the	49092
power unit plus the gross vehicle weight rating of each towed	49093
unit.	49094

(V) "Hazardous materials" means any material that has been	49095
designated as hazardous under 49 U.S.C. 5103 and is required to be	49096
placarded under subpart F of 49 C.F.R. part 172 or any quantity of	49097
a material listed as a select agent or toxin in 42 C.F.R. part 73,	49098
as amended.	49099

(W) "Imminent hazard" means the existence of a condition that	49100
presents a substantial likelihood that death, serious illness,	49101
severe personal injury, or a substantial endangerment to health,	49102
property, or the environment may occur before the reasonably	49103
foreseeable completion date of a formal proceeding begun to lessen	49104
the risk of that death, illness, injury, or endangerment.	49105

(X) "Medical variance" means one of the following received by	49106
a driver from the federal motor carrier safety administration that	49107
allows the driver to be issued a medical certificate:	49108

(1) An exemption letter permitting operation of a commercial	49109
motor vehicle under 49 C.F.R. 381, subpart C or 49 C.F.R. 391.64;	49110

(2) A skill performance evaluation certificate permitting	49111
operation of a commercial motor vehicle pursuant to 49 C.F.R.	49112
391.49.	49113

(Y) "Motor vehicle" means a vehicle, machine, tractor,	49114
trailer, or semitrailer propelled or drawn by mechanical power	49115
used on highways, except that such term does not include a	49116
vehicle, machine, tractor, trailer, or semitrailer operated	49117
exclusively on a rail.	49118

(Z) "Out-of-service order" means a declaration by an	49119
authorized enforcement officer of a federal, state, local,	49120
Canadian, or Mexican jurisdiction declaring that a driver,	49121
commercial motor vehicle, or commercial motor carrier operation is	49122
out of service as defined in 49 C.F.R. 390.5.	49123

(AA) "Peace officer" has the same meaning as in section	49124
2935.01 of the Revised Code.	49125

(BB) "Portable tank" means a liquid or gaseous packaging	49126
designed primarily to be loaded onto or temporarily attached to a	49127
vehicle and equipped with skids, mountings, or accessories to	49128
facilitate handling of the tank by mechanical means.	49129

(CC) "Public safety vehicle" has the same meaning as in	49130
divisions (E)(1) and (3) of section 4511.01 of the Revised Code.	49131

(DD) "Recreational vehicle" includes every vehicle that is	49132
defined as a recreational vehicle in section 4501.01 of the	49133
Revised Code and is used exclusively for purposes other than	49134
engaging in business for profit.	49135

(EE) "Residence" means any person's residence determined in	49136
accordance with standards prescribed in rules adopted by the	49137
registrar.	49138

(FF) "School bus" has the same meaning as in section 4511.01	49139
of the Revised Code.	49140

(GG) "Serious traffic violation" means any of the following:

49141

(1) A conviction arising from a single charge of operating a	49142
commercial motor vehicle in violation of any provision of section	49143
4506.03 of the Revised Code;	49144

(2) A violation while operating a commercial motor vehicle of	49145
a law of this state, or any municipal ordinance or county or	49146
township resolution prohibiting texting while driving, or any	49147
other substantially similar law of another state or political	49148
subdivision of another state;	49149

(3) A conviction arising from the operation of any motor	49150
vehicle that involves any of the following:	49151

(a) A single charge of any speed in excess of the posted	49152
speed limit by fifteen miles per hour or more;	49153

(b) Violation of section 4511.20 or 4511.201 of the Revised	49154
Code or any similar ordinance or resolution, or of any similar law	49155
of another state or political subdivision of another state;	49156

(c) Violation of a law of this state or an ordinance or	49157
resolution relating to traffic control, other than a parking	49158
violation, or of any similar law of another state or political	49159
subdivision of another state, that results in a fatal accident;	49160

(d) Violation of section 4506.03 of the Revised Code or a	49161
substantially similar municipal ordinance or county or township	49162
resolution, or of any similar law of another state or political	49163
subdivision of another state, that involves the operation of a	49164
commercial motor vehicle without a valid commercial driver's	49165
license with the proper class or endorsement for the specific	49166
vehicle group being operated or for the passengers or type of	49167
cargo being transported;	49168

(e) Violation of section 4506.03 of the Revised Code or a	49169
substantially similar municipal ordinance or county or township	49170
resolution, or of any similar law of another state or political	49171
subdivision of another state, that involves the operation of a	49172
commercial motor vehicle without a valid commercial driver's	49173
license being in the person's possession;	49174

(f) Violation of section 4511.33 or 4511.34 of the Revised	49175
Code, or any municipal ordinance or county or township resolution	49176
substantially similar to either of those sections, or any	49177
substantially similar law of another state or political	49178
subdivision of another state;	49179

(g) Violation of any other law of this state or an ordinance	49180
or resolution relating to traffic control, other than a parking	49181
violation, that is determined to be a serious traffic violation by	49182
the United States secretary of transportation and the director	49183
designates as such by rule.	49184

(HH) "State" means a state of the United States and includes	49185
the District of Columbia.	49186

(II) "Tank vehicle" means any commercial motor vehicle that	49187
is designed to transport any liquid and has a maximum capacity	49188
greater than one hundred nineteen gallons or is designed to	49189
transport gaseous materials and has a water capacity greater than	49190
one thousand pounds within a tank that is either permanently or	49191
temporarily attached to the vehicle or its chassis. "Tank vehicle"	49192
does not include any of the following:	49193

(1) Any portable tank having a rated capacity of less than	49194
one thousand gallons;	49195

(2) Tanks used exclusively as a fuel tank for the motor	49196
vehicle to which it is attached;	49197

(3) An empty storage container tank that is not designed for	49198
transportation and that is readily distinguishable from a	49199
transportation tank;	49200

(4) Ready-mix concrete mixers.

49201

(JJ) "Tester" means a person or entity acting pursuant to a	49202
valid agreement entered into pursuant to division (B) of section	49203
4506.09 of the Revised Code.	49204

(KK) "Texting" means manually entering alphanumeric text	49205
into, or reading text from, an electronic device. Texting includes	49206
short message service, e-mail, instant messaging, a command or	49207
request to access a world wide web page, or engaging in any other	49208
form of electronic text retrieval or entry, for present or future	49209
communication. Texting does not include the following:	49210

(1) Reading, selecting, or entering a telephone number, an	49211
extension number, or voicemail retrieval codes and commands into	49212
an electronic device for the purpose of initiating or receiving a	49213
telephone call or using voice commands to initiate or receive a	49214
telephone call;	49215

(2) Inputting, selecting, or reading information on a global	49216
positioning system or navigation system.	49217

(LL) "Texting while driving" means texting while operating a	49218
commercial motor vehicle, with the motor running, including while	49219
temporarily stationary because of traffic, a traffic control	49220
device, or other momentary delays, but does not include operating	49221
a commercial motor vehicle with or without the motor running when	49222
the driver has moved the vehicle to the side of, or off, a highway	49223
and is stopped in a location where the vehicle can safely remain	49224
stationary.	49225

(MM) "United States" means the fifty states and the District	49226
of Columbia.	49227

(NN) "Upgrade" means a change in the class of vehicles,	49228
endorsements, or self-certified status as described in division	49229
(A)(2) of section 4506.10 of the Revised Code, that expands the	49230
ability of a current commercial driver's license holder to operate	49231
commercial motor vehicles under this chapter;	49232

(OO) "Vehicle" has the same meaning as in section 4511.01 of	49233
the Revised Code.	49234

Sec. 4506.03. (A) Except as provided in divisions (B) and	49235
(C) of this section, the following shall apply:	49236

(1) No person shall drive a commercial motor vehicle on a	49237
highway in this state unless the person holds, and has in the	49238
person's possession, a valid commercial driver's license with	49239
proper endorsements for the motor vehicle being driven, issued by	49240
the registrar of motor vehicles, a valid examiner's commercial	49241
driving permit issued under section 4506.13 of the Revised Code, a	49242
valid restricted commercial driver's license and waiver for	49243
farm-related service industries issued under section 4506.24 of	49244
the Revised Code, or a valid commercial driver's license temporary	49245
instruction permit issued by the registrar and is accompanied by	49246
an authorized state driver's license examiner or tester or a	49247
person who has been issued and has in the person's immediate	49248
possession a current, valid commercial driver's license with	49249
proper endorsements for the motor vehicle being driven.	49250

(2) No person shall be issued a commercial driver's license	49251
until the person surrenders to the registrar of motor vehicles all	49252
valid licenses issued to the person by another jurisdiction	49253
recognized by this state. The registrar shall report the surrender	49254
of a license to the issuing authority, together with information	49255
that a license is now issued in this state. The registrar shall	49256
destroy any such license that is not returned to the issuing	49257
authority.	49258

(3) No person who has been a resident of this state for	49259
thirty days or longer shall drive a commercial motor vehicle under	49260
the authority of a commercial driver's license issued by another	49261
jurisdiction.	49262

(B) Nothing in division (A) of this section applies to any	49263
qualified person when engaged in the operation of any of the	49264
following:	49265

(1) A farm truck;

49266

(2) Fire equipment for a fire department, volunteer or	49267
nonvolunteer fire company, fire district, or joint fire district;	49268

(3) A public safety vehicle used to provide transportation or	49269
emergency medical service for ill or injured persons;	49270

(4) A recreational vehicle;

49271

(5) A commercial motor vehicle within the boundaries of an	49272
eligible unit of local government, if the person is employed by	49273
the eligible unit of local government and is operating the	49274
commercial motor vehicle for the purpose of removing snow or ice	49275
from a roadway by plowing, sanding, or salting, but only if either	49276
the employee who holds a commercial driver's license issued under	49277
this chapter and ordinarily operates a commercial motor vehicle	49278
for these purposes is unable to operate the vehicle, or the	49279
employing eligible unit of local government determines that a snow	49280
or ice emergency exists that requires additional assistance;	49281

(6) A vehicle operated for military purposes by any member or	49282
uniformed employee of the armed forces of the United States or	49283
their reserve components, including the Ohio national guard. This	49284
exception does not apply to United States reserve technicians.	49285

(7) A commercial motor vehicle that is operated for	49286
nonbusiness purposes. "Operated for nonbusiness purposes" means	49287
that the commercial motor vehicle is not used in commerce as	49288
"commerce" is defined in 49 C.F.R. 383.5, as amended, and is not	49289
regulated by the public utilities commission pursuant to Chapter	49290
~~4919~~4905., 4921., or 4923. of the Revised Code.	49291

(8) A motor vehicle that is designed primarily for the	49292
transportation of goods and not persons, while that motor vehicle	49293
is being used for the occasional transportation of personal	49294
property by individuals not for compensation and not in the	49295
furtherance of a commercial enterprise;	49296

(9) A police SWAT team vehicle;

49297

(10) A police vehicle used to transport prisoners.

49298

(C) Nothing contained in division (B)(5) of this section	49299
shall be construed as preempting or superseding any law, rule, or	49300
regulation of this state concerning the safe operation of	49301
commercial motor vehicles.	49302

(D) Whoever violates this section is guilty of a misdemeanor	49303
of the first degree.	49304

Sec. 4506.22. (A) The director of public safety and the	49305
registrar of motor vehicles, subject to approval by the director,	49306
may, in accordance with Chapter 119. of the Revised Code, adopt	49307
any rules necessary to carry out this chapter.	49308

(B) The department of public safety may do all of the	49309
following:	49310

(1) Enter into or make any agreements, arrangements, or	49311
declarations necessary to carry out this chapter;	49312

(2) Charge a fee for all publications that is equal to the	49313
cost of printing the publications.	49314

(C) Nothing in this chapter shall be construed to restrict	49315
the authority of the public utilities commission specified in	49316
Chapters 4905., 4921., and 4923. of the Revised Code regarding	49317
safety rules applicable to motor carriers.	49318

Sec. 4506.25. (A) As used in this section, "commercial motor	49319
vehicle" means any self-propelled or towed vehicle used on public	49320
highways in intrastate or interstate commerce to transport	49321
passengers or property that meets any of the following	49322
specifications:	49323

(1) The vehicle has a gross vehicle weight rating or gross	49324
combination weight rating of ten thousand one pounds or more.	49325

(2) The vehicle is designed to transport sixteen or more	49326
passengers, including the driver.	49327

(3) The vehicle is used in the transportation of hazardous	49328
materials in a quantity requiring placarding under the regulations	49329
issued by the United States secretary of transportation under the	49330
"Hazardous Materials Transportation Act," 88 Stat. 2156 (1975), 49	49331
U.S.C.A. 1801, as amended.	49332

(B) The registrar of motor vehicles shall disqualify any	49333
person from operating a commercial motor vehicle who receives a	49334
notice of a conviction for violation of an out-of-service order	49335
issued under rules of the public utilities commission adopted	49336
pursuant to ~~section 4919.79, 4921.04~~Chapter 4905., 4921., or	49337
~~4923.20~~4923. of the Revised Code, or a conviction for a violation	49338
of the same or similar laws of another state or jurisdiction	49339
applicable to vehicles in regulated commerce.	49340

Sec. 4507.01. (A) As used in this chapter, "motor vehicle,"	49341
"motorized bicycle," "state," "owner," "operator," "chauffeur,"	49342
and "highways" have the same meanings as in section 4501.01 of the	49343
Revised Code.	49344

"Driver's license" means a class D license issued to any	49345
person to operate a motor vehicle or motor-driven cycle, other	49346
than a commercial motor vehicle, and includes "probationary	49347
license," "restricted license," and any operator's or chauffeur's	49348
license issued before January 1, 1990.	49349

"Probationary license" means the license issued to any person	49350
between sixteen and eighteen years of age to operate a motor	49351
vehicle.	49352

"Restricted license" means the license issued to any person	49353
to operate a motor vehicle subject to conditions or restrictions	49354
imposed by the registrar of motor vehicles.	49355

"Commercial driver's license" means the license issued to a	49356
person under Chapter 4506. of the Revised Code to operate a	49357
commercial motor vehicle.	49358

"Commercial motor vehicle" has the same meaning as in section	49359
4506.01 of the Revised Code.	49360

"Motorized bicycle license" means the license issued under	49361
section 4511.521 of the Revised Code to any person to operate a	49362
motorized bicycle including a "probationary motorized bicycle	49363
license."	49364

"Probationary motorized bicycle license" means the license	49365
issued under section 4511.521 of the Revised Code to any person	49366
between fourteen and sixteen years of age to operate a motorized	49367
bicycle.	49368

"Identification card" means a card issued under sections	49369
4507.50 and 4507.51 of the Revised Code.	49370

"Resident" means a person who, in accordance with standards	49371
prescribed in rules adopted by the registrar, resides in this	49372
state on a permanent basis.	49373

"Temporary resident" means a person who, in accordance with	49374
standards prescribed in rules adopted by the registrar, resides in	49375
this state on a temporary basis.	49376

(B) In the administration of this chapter and Chapter 4506.	49377
of the Revised Code, the registrar has the same authority as is	49378
conferred on the registrar by section 4501.02 of the Revised Code.	49379
Any act of an authorized deputy registrar of motor vehicles under	49380
direction of the registrar is deemed the act of the registrar.	49381

To carry out this chapter, the registrar shall appoint such	49382
deputy registrars in each county as are necessary.	49383

The registrar also shall provide at each place where an	49384
application for a driver's or commercial driver's license or	49385
identification card may be made the necessary equipment to take a	49386
color photograph of the applicant for such license or card as	49387
required under section 4506.11 or 4507.06 of the Revised Code, and	49388
to conduct the vision screenings required by section 4507.12 of	49389
the Revised Code, and equipment to laminate licenses, motorized	49390
bicycle licenses, and identification cards as required by sections	49391
4507.13, 4507.52, and 4511.521 of the Revised Code.	49392

The registrar shall assign one or more deputy registrars to	49393
any driver's license examining station operated under the	49394
supervision of the ~~state highway patrol~~director of public safety,	49395
whenever the registrar considers such assignment possible. Space	49396
shall be provided in the driver's license examining station for	49397
any such deputy registrar so assigned. The deputy registrars shall	49398
not exercise the powers conferred by such sections upon the	49399
registrar, unless they are specifically authorized to exercise	49400
such powers by such sections.	49401

(C) No agent for any insurance company, writing automobile	49402
insurance, shall be appointed deputy registrar, and any such	49403
appointment is void. No deputy registrar shall in any manner	49404
solicit any form of automobile insurance, nor in any manner	49405
advise, suggest, or influence any licensee or applicant for	49406
license for or against any kind or type of automobile insurance,	49407
insurance company, or agent, nor have the deputy registrar's	49408
office directly connected with the office of any automobile	49409
insurance agent, nor impart any information furnished by any	49410
applicant for a license or identification card to any person,	49411
except the registrar. This division shall not apply to any	49412
nonprofit corporation appointed deputy registrar.	49413

(D) The registrar shall immediately remove a deputy registrar	49414
who violates the requirements of this chapter.	49415

(E) The registrar shall periodically solicit bids and enter	49416
into a contract for the provision of laminating equipment and	49417
laminating materials to the registrar and all deputy registrars.	49418
The registrar shall not consider any bid that does not provide for	49419
the supplying of both laminating equipment and laminating	49420
materials. The laminating materials selected shall contain a	49421
security feature so that any tampering with the laminating	49422
material covering a license or identification card is readily	49423
apparent. In soliciting bids and entering into a contract for the	49424
provision of laminating equipment and laminating materials, the	49425
registrar shall observe all procedures required by law.	49426

Sec. 4507.011. (A) Each deputy registrar assigned to a	49427
driver's license examining station by the registrar of motor	49428
vehicles as provided in section 4507.01 of the Revised Code shall	49429
remit to the ~~superintendent~~director of ~~the state highway patrol~~	49430
public safety a rental fee equal to the percentage of space	49431
occupied by the deputy registrar in the driver's license examining	49432
station multiplied by the rental fee paid for the entire driver's	49433
license examining station plus a pro rata share of all utility	49434
costs. All such moneys received by the ~~superintendent~~director	49435
shall be deposited in the state treasury to the credit of the	49436
registrar rental fund, which is hereby created. The moneys in the	49437
fund shall be used by the ~~state highway patrol~~department of	49438
public safety only to pay the rent and expenses of the driver's	49439
license examining stations. All investment earnings of the fund	49440
shall be credited to the fund.	49441

(B) Each deputy registrar assigned to a bureau of motor	49442
vehicles' location shall reimburse the registrar a monthly	49443
building rental fee, including applicable utility charges. All	49444
such moneys received by the registrar shall be deposited into the	49445
state bureau of motor vehicles fund created in section 4501.25 of	49446
the Revised Code.	49447

Sec. 4507.12. (A) Except as provided in division (C) of	49448
section 4507.10 of the Revised Code, each person applying for the	49449
renewal of a driver's license shall submit to a screening of the	49450
person's vision before the license may be renewed. The vision	49451
screening shall be conducted at the office of the deputy registrar	49452
receiving the application for license renewal.	49453

(B) When the results of a vision screening given under	49454
division (A) of this section indicate that the vision of the	49455
person examined meets the standards required for licensing, the	49456
deputy registrar may renew the person's driver's license at that	49457
time.	49458

(C) When the results of a vision screening given under	49459
division (A) of this section indicate that the vision of the	49460
person screened may not meet the standards required for licensing,	49461
the deputy registrar shall not renew the person's driver's license	49462
at that time but shall refer the person to a driver's license	49463
examiner appointed by the ~~superintendent~~director of ~~the state~~	49464
~~highway patrol~~public safety under section ~~5503.21~~5502.05 of the	49465
Revised Code for a further examination of the person's vision.	49466
When a person referred to a driver's license examiner by a deputy	49467
registrar does not meet the vision standards required for	49468
licensing, the driver's license examiner shall retain the person's	49469
operator's or chauffeur's license and shall immediately notify the	49470
registrar of motor vehicles of that fact. No driver's license	49471
shall be issued to any such person, until the person's vision is	49472
corrected to meet the standards required for licensing and the	49473
person passes the vision screening required by this section. Any	49474
person who operates a motor vehicle on a highway, or on any public	49475
or private property used by the public for purposes of vehicular	49476
travel or parking, during the time the person's driver's license	49477
is held by a driver's license examiner under this division, shall	49478
be deemed to be operating a motor vehicle in violation of division	49479
(A) of section 4510.12 of the Revised Code.	49480

(D) The registrar shall adopt rules and shall provide any	49481
forms necessary to properly conduct vision screenings at the	49482
office of a deputy registrar.	49483

(E) No person conducting vision screenings under this section	49484
shall be personally liable for damages for injury or loss to	49485
persons or property and for death caused by the operation of a	49486
motor vehicle by any person whose driver's license was renewed by	49487
the deputy registrar under division (B) of this section.	49488

Sec. 4507.51. (A)(1) Every application for an identification	49489
card or duplicate shall be made on a form furnished by the	49490
registrar of motor vehicles, shall be signed by the applicant, and	49491
by the applicant's parent or guardian if the applicant is under	49492
eighteen years of age, and shall contain the following information	49493
pertaining to the applicant: name, date of birth, sex, general	49494
description including the applicant's height, weight, hair color,	49495
and eye color, address, and social security number. The	49496
application also shall state whether an applicant wishes to	49497
certify willingness to make an anatomical gift under section	49498
2108.05 of the Revised Code and shall include information about	49499
the requirements of sections 2108.01 to 2108.29 of the Revised	49500
Code that apply to persons who are less than eighteen years of	49501
age. The statement regarding willingness to make such a donation	49502
shall be given no consideration in the decision of whether to	49503
issue an identification card. Each applicant shall be photographed	49504
in color at the time of making application.	49505

(2)(a) The application also shall state whether the applicant	49506
has executed a valid durable power of attorney for health care	49507
pursuant to sections 1337.11 to 1337.17 of the Revised Code or has	49508
executed a declaration governing the use or continuation, or the	49509
withholding or withdrawal, of life-sustaining treatment pursuant	49510
to sections 2133.01 to 2133.15 of the Revised Code and, if the	49511
applicant has executed either type of instrument, whether the	49512
applicant wishes the identification card issued to indicate that	49513
the applicant has executed the instrument.	49514

(b) On and after October 7, 2009, the application also shall	49515
state whether the applicant is a veteran, active duty, or	49516
reservist of the armed forces of the United States and, if the	49517
applicant is such, whether the applicant wishes the identification	49518
card issued to indicate that the applicant is a veteran, active	49519
duty, or reservist of the armed forces of the United States by a	49520
military designation on the identification card.	49521

(3) The registrar or deputy registrar, in accordance with	49522
section 3503.11 of the Revised Code, shall register as an elector	49523
any person who applies for an identification card or duplicate if	49524
the applicant is eligible and wishes to be registered as an	49525
elector. The decision of an applicant whether to register as an	49526
elector shall be given no consideration in the decision of whether	49527
to issue the applicant an identification card or duplicate.	49528

(B) The application for an identification card or duplicate	49529
shall be filed in the office of the registrar or deputy registrar.	49530
Each applicant shall present documentary evidence as required by	49531
the registrar of the applicant's age and identity, and the	49532
applicant shall swear that all information given is true. An	49533
identification card issued by the department of rehabilitation and	49534
correction under section 5120.59 of the Revised Code or an	49535
identification card issued by the department of youth services	49536
under section 5139.511 of the Revised Code shall be sufficient	49537
documentary evidence under this division upon verification of the	49538
applicant's social security number by the registrar or a deputy	49539
registrar. Upon issuing an identification card under this section	49540
for a person who has been issued an identification card under	49541
section 5120.59 or section 5139.511 of the Revised Code, the	49542
registrar or deputy registrar shall destroy the identification	49543
card issued under section 5120.59 or section 5139.511 of the	49544
Revised Code.	49545

All applications for an identification card or duplicate	49546
shall be filed in duplicate, and if submitted to a deputy	49547
registrar, a copy shall be forwarded to the registrar. The	49548
registrar shall prescribe rules for the manner in which a deputy	49549
registrar is to file and maintain applications and other records.	49550
The registrar shall maintain a suitable, indexed record of all	49551
applications denied and cards issued or canceled.	49552

(C) In addition to any other information it contains, on and	49553
after the date that is fifteen months after ~~the effective date of~~	49554
~~this amendment~~April 7, 2009, the form furnished by the registrar	49555
of motor vehicles for an application for an identification card or	49556
duplicate shall inform applicants that the applicant must present	49557
a copy of the applicant's DD-214 or an equivalent document in	49558
order to qualify to have the card or duplicate indicate that the	49559
applicant is an honorably discharged veteran of the armed forces	49560
of the United States based on a request made pursuant to division	49561
(A)(2)(b) of this section.	49562

Sec. 4508.02. (A)(1) The director of public safety, subject	49563
to Chapter 119. of the Revised Code, shall adopt and prescribe	49564
such rules concerning the administration and enforcement of this	49565
chapter as are necessary to protect the public. The director shall	49566
inspect the school facilities and equipment of applicants and	49567
licensees and examine applicants for instructor's licenses.	49568

(2) The director shall adopt rules governing online driver	49569
education courses that may be completed via the internet to	49570
satisfy the classroom instruction under division (C) of this	49571
section. The rules shall do all of the following:	49572

(a) Establish standards that an online driver training	49573
enterprise must satisfy to be licensed to offer an online driver	49574
education course via the internet, including, at a minimum, proven	49575
expertise in providing driver education and an acceptable	49576
infrastructure capable of providing secure online driver education	49577
in accord with advances in internet technology. The rules shall	49578
allow an online driver training enterprise to be affiliated with a	49579
licensed driver training school offering in-person classroom	49580
instruction, but shall not require such an affiliation.	49581

(b) Establish content requirements that an online driver	49582
education course must satisfy to be approved as equivalent to	49583
twenty-four hours of in-person classroom instruction;	49584

(c) Establish attendance standards, including a maximum	49585
number of course hours that may be completed in a twenty-four-hour	49586
period;	49587

(d) Allow an enrolled applicant to begin the required eight	49588
hours of actual behind-the-wheel instruction upon completing at	49589
least two hours of course instruction and being issued a	49590
certificate of enrollment by a licensed online driver training	49591
enterprise;	49592

(e) Establish any other requirements necessary to regulate	49593
online driver education.	49594

(B) The director shall administer and enforce this chapter.

49595

(C) The rules shall require twenty-four hours of in-person	49596
classroom instruction or completion of an approved, equivalent	49597
online driver education course offered via the internet by a	49598
licensed online driver training enterprise, and eight hours of	49599
actual behind-the-wheel instruction conducted on public streets	49600
and highways of this state for all beginning drivers of	49601
noncommercial motor vehicles who are under age eighteen.	49602

(D) The rules shall state the minimum hours for classroom and	49603
behind-the-wheel instruction required for beginning drivers of	49604
commercial trucks, commercial cars, buses, and commercial	49605
tractors, trailers, and ~~semi-trailers~~semitrailers.	49606

(E)(1) The department of public safety may charge a fee to	49607
each online driver training enterprise in an amount sufficient to	49608
pay the actual expenses the department incurs in the regulation of	49609
online driver education courses.	49610

(2) The department shall supply to each licensed online	49611
driver training enterprise certificates to be used for certifying	49612
an applicant's enrollment in an approved online driver education	49613
course and a separate certificate to be issued upon successful	49614
completion of an approved online driver education course. The	49615
certificates shall be numbered serially. The department may charge	49616
a fee to each online driver training enterprise per certificate	49617
supplied to pay the actual expenses the department incurs in	49618
supplying the certificates.	49619

Sec. 4510.037. (A) When the registrar of motor vehicles	49620
determines that the total points charged against any person under	49621
section 4510.036 of the Revised Code exceed five, the registrar	49622
shall send a warning letter to the person at the person's last	49623
known address by regular mail. The warning letter shall list the	49624
reported violations that are the basis of the points charged, list	49625
the number of points charged for each violation, and outline the	49626
suspension provisions of this section.	49627

(B) When the registrar determines that the total points	49628
charged against any person under section 4510.036 of the Revised	49629
Code within any two-year period beginning on the date of the first	49630
conviction within the two-year period is equal to twelve or more,	49631
the registrar shall send a written notice to the person at the	49632
person's last known address by regular mail. The notice shall list	49633
the reported violations that are the basis of the points charged,	49634
list the number of points charged for each violation, and state	49635
that, because the total number of points charged against the	49636
person within the applicable two-year period is equal to twelve or	49637
more, the registrar is imposing a class D suspension of the	49638
person's driver's or commercial driver's license or permit or	49639
nonresident operating privileges for the period of time specified	49640
in division (B)(4) of section 4510.02 of the Revised Code. The	49641
notice also shall state that the suspension is effective on the	49642
twentieth day after the mailing of the notice, unless the person	49643
files a petition appealing the determination and suspension in the	49644
municipal court, county court, or, if the person is under the age	49645
of eighteen, the juvenile division of the court of common pleas in	49646
whose jurisdiction the person resides or, if the person is not a	49647
resident of this state, in the Franklin county municipal court or	49648
juvenile division of the Franklin county court of common pleas. By	49649
filing the appeal of the determination and suspension, the person	49650
agrees to pay the cost of the proceedings in the appeal of the	49651
determination and suspension and alleges that the person can show	49652
cause why the person's driver's or commercial driver's license or	49653
permit or nonresident operating privileges should not be	49654
suspended.	49655

(C)(1) Any person against whom at least two but less than	49656
twelve points have been charged under section 4510.036 of the	49657
Revised Code may enroll in a course of remedial driving	49658
instruction that is approved by the director of public safety.	49659
Upon the person's completion of an approved course of remedial	49660
driving instruction, the person may apply to the registrar on a	49661
form prescribed by the registrar for a credit of two points on the	49662
person's driving record. Upon receipt of the application and proof	49663
of completion of the approved remedial driving course, the	49664
registrar shall approve the two-point credit. The registrar shall	49665
not approve any credits for a person who completes an approved	49666
course of remedial driving instruction pursuant to a judge's order	49667
under section 4510.02 of the Revised Code.	49668

(2) In any three-year period, the registrar shall approve	49669
only one two-point credit on a person's driving record under	49670
division (C)(1) of this section. The registrar shall approve not	49671
more than five two-point credits on a person's driving record	49672
under division (C)(1) of this section during that person's	49673
lifetime.	49674

(D) When a judge of a court of record suspends a person's	49675
driver's or commercial driver's license or permit or nonresident	49676
operating privilege and charges points against the person under	49677
section 4510.036 of the Revised Code for the offense that resulted	49678
in the suspension, the registrar shall credit that period of	49679
suspension against the time of any subsequent suspension imposed	49680
under this section for which those points were used to impose the	49681
subsequent suspension. When a United States district court that	49682
has jurisdiction within this state suspends a person's driver's or	49683
commercial driver's license or permit or nonresident operating	49684
privileges pursuant to the "Assimilative Crimes Act," 102 Stat.	49685
4381 (1988), 18 U.S.C.A. 13, as amended, the district court	49686
prepares an abstract pursuant to section 4510.031 of the Revised	49687
Code, and the district court charges points against the person	49688
under section 4510.036 of the Revised Code for the offense that	49689
resulted in the suspension, the registrar shall credit the period	49690
of suspension imposed by the district court against the time of	49691
any subsequent suspension imposed under this section for which the	49692
points were used to impose the subsequent suspension.	49693

(E) The registrar, upon the written request of a licensee who	49694
files a petition under division (B) of this section, shall furnish	49695
the licensee a certified copy of the registrar's record of the	49696
convictions and bond forfeitures of the person. This record shall	49697
include the name, address, and date of birth of the licensee; the	49698
name of the court in which each conviction or bail forfeiture took	49699
place; the nature of the offense that was the basis of the	49700
conviction or bond forfeiture; and any other information that the	49701
registrar considers necessary. If the record indicates that twelve	49702
points or more have been charged against the person within a	49703
two-year period, it is prima-facie evidence that the person is a	49704
repeat traffic offender, and the registrar shall suspend the	49705
person's driver's or commercial driver's license or permit or	49706
nonresident operating privilege pursuant to division (B) of this	49707
section.	49708

In hearing the petition and determining whether the person	49709
filing the petition has shown cause why the person's driver's or	49710
commercial driver's license or permit or nonresident operating	49711
privilege should not be suspended, the court shall decide the	49712
issue on the record certified by the registrar and any additional	49713
relevant, competent, and material evidence that either the	49714
registrar or the person whose license is sought to be suspended	49715
submits.	49716

(F) If a petition is filed under division (B) of this section	49717
in a county court, the prosecuting attorney of the county in which	49718
the case is pending shall represent the registrar in the	49719
proceedings, except that, if the petitioner resides in a municipal	49720
corporation within the jurisdiction of the county court, the city	49721
director of law, village solicitor, or other chief legal officer	49722
of the municipal corporation shall represent the registrar in the	49723
proceedings. If a petition is filed under division (B) of this	49724
section in a municipal court, the registrar shall be represented	49725
in the resulting proceedings as provided in section 1901.34 of the	49726
Revised Code.	49727

(G) If the court determines from the evidence submitted that	49728
a person who filed a petition under division (B) of this section	49729
has failed to show cause why the person's driver's or commercial	49730
driver's license or permit or nonresident operating privileges	49731
should not be suspended, the court shall assess against the person	49732
the cost of the proceedings in the appeal of the determination and	49733
suspension and shall impose the applicable suspension under this	49734
section or suspend all or a portion of the suspension and impose	49735
any conditions upon the person that the court considers proper or	49736
impose upon the person a community control sanction pursuant to	49737
section 2929.15 or 2929.25 of the Revised Code. If the court	49738
determines from the evidence submitted that a person who filed a	49739
petition under division (B) of this section has shown cause why	49740
the person's driver's or commercial driver's license or permit or	49741
nonresident operating privileges should not be suspended, the	49742
costs of the appeal proceeding shall be paid out of the county	49743
treasury of the county in which the proceedings were held.	49744

(H) Any person whose driver's or commercial driver's license	49745
or permit or nonresident operating privileges are suspended under	49746
this section is not entitled to apply for or receive a new	49747
driver's or commercial driver's license or permit or to request or	49748
be granted nonresident operating privileges during the effective	49749
period of the suspension.	49750

(I) Upon the termination of any suspension or other penalty	49751
imposed under this section involving the surrender of license or	49752
permit and upon the request of the person whose license or permit	49753
was suspended or surrendered, the registrar shall return the	49754
license or permit to the person upon determining that the person	49755
has complied with all provisions of section 4510.038 of the	49756
Revised Code or, if the registrar destroyed the license or permit	49757
pursuant to section 4510.52 of the Revised Code, shall reissue the	49758
person's license or permit.	49759

(J) Any person whose driver's or commercial driver's license	49760
or permit or nonresident operating privileges are suspended as a	49761
repeat traffic offender under this section and who, during the	49762
suspension, operates any motor vehicle upon any public roads and	49763
highways is guilty of driving under a twelve-point suspension, a	49764
misdemeanor of the first degree. The court shall sentence the	49765
offender to a minimum term of three days in jail. No court shall	49766
suspend the first three days of jail time imposed pursuant to this	49767
division.	49768

(K) The registrar, in accordance with specific statutory	49769
authority, may suspend the privilege of driving a motor vehicle on	49770
the public roads and highways of this state that is granted to	49771
nonresidents by section 4507.04 of the Revised Code.	49772

(L) ~~Any~~(1) Except as provided in division (L)(2) of this	49773
section, any course of remedial driving instruction the director	49774
of public safety approves under this section shall require its	49775
students to attend at least fifty per cent of the course in	49776
person~~. The~~and the director shall not approve any course of	49777
remedial driving instruction that permits its students to take	49778
more than fifty per cent of the course in any other manner,	49779
including via video teleconferencing or the internet.	49780

(2) The director may approve a course of remedial instruction	49781
that permits students to take the entire course via video	49782
teleconferencing or the internet. In accordance with division (C)	49783
of this section, upon receiving an application with a certificate	49784
or other proof of completion of a course approved under this	49785
division, the registrar shall approve the two-point reduction.	49786

Sec. 4510.038. (A) Any person whose driver's or commercial	49787
driver's license or permit is suspended or who is granted limited	49788
driving privileges under section 4510.037, under division (H) of	49789
section 4511.19, or under section 4510.07 of the Revised Code for	49790
a violation of a municipal ordinance that is substantially	49791
equivalent to division (B) of section 4511.19 of the Revised Code	49792
is not eligible to retain the license, or to have the driving	49793
privileges reinstated, until each of the following has occurred:	49794

(1) The person successfully completes a course of remedial	49795
driving instruction approved by the director of public safety. A	49796
minimum of twenty-five per cent of the number of hours of	49797
instruction included in the course shall be devoted to instruction	49798
on driver attitude.	49799

The course also shall devote a number of hours to instruction	49800
in the area of alcohol and drugs and the operation of vehicles.	49801
The instruction shall include, but not be limited to, a review of	49802
the laws governing the operation of a vehicle while under the	49803
influence of alcohol, drugs, or a combination of them, the dangers	49804
of operating a vehicle while under the influence of alcohol,	49805
drugs, or a combination of them, and other information relating to	49806
the operation of vehicles and the consumption of alcoholic	49807
beverages and use of drugs. The director, in consultation with the	49808
director of alcohol and drug addiction services, shall prescribe	49809
the content of the instruction. The number of hours devoted to the	49810
area of alcohol and drugs and the operation of vehicles shall	49811
comprise a minimum of twenty-five per cent of the number of hours	49812
of instruction included in the course.	49813

(2) The person is examined in the manner provided for in	49814
section 4507.20 of the Revised Code, and found by the registrar of	49815
motor vehicles to be qualified to operate a motor vehicle;	49816

(3) The person gives and maintains proof of financial	49817
responsibility, in accordance with section 4509.45 of the Revised	49818
Code.	49819

(B) ~~Any~~(1) Except as provided in division (B)(2) of this	49820
section, any course of remedial driving instruction the director	49821
of public safety approves under this section shall require its	49822
students to attend at least fifty per cent of the course in	49823
person~~. The~~and the director shall not approve any course of	49824
remedial driving instruction that permits its students to take	49825
more than fifty per cent of the course in any other manner,	49826
including via video teleconferencing or the internet.	49827

(2) The director may approve a course of remedial instruction	49828
that permits students to take the entire course via video	49829
teleconferencing or the internet.	49830

Sec. 4511.191. (A)(1) As used in this section:

49831

(a) "Physical control" has the same meaning as in section	49832
4511.194 of the Revised Code.	49833

(b) "Alcohol monitoring device" means any device that	49834
provides for continuous alcohol monitoring, any ignition interlock	49835
device, any immobilizing or disabling device other than an	49836
ignition interlock device that is constantly available to monitor	49837
the concentration of alcohol in a person's system, or any other	49838
device that provides for the automatic testing and periodic	49839
reporting of alcohol consumption by a person and that a court	49840
orders a person to use as a sanction imposed as a result of the	49841
person's conviction of or plea of guilty to an offense.	49842

(2) Any person who operates a vehicle, streetcar, or	49843
trackless trolley upon a highway or any public or private property	49844
used by the public for vehicular travel or parking within this	49845
state or who is in physical control of a vehicle, streetcar, or	49846
trackless trolley shall be deemed to have given consent to a	49847
chemical test or tests of the person's whole blood, blood serum or	49848
plasma, breath, or urine to determine the alcohol, drug of abuse,	49849
controlled substance, metabolite of a controlled substance, or	49850
combination content of the person's whole blood, blood serum or	49851
plasma, breath, or urine if arrested for a violation of division	49852
(A) or (B) of section 4511.19 of the Revised Code, section	49853
4511.194 of the Revised Code or a substantially equivalent	49854
municipal ordinance, or a municipal OVI ordinance.	49855

(3) The chemical test or tests under division (A)(2) of this	49856
section shall be administered at the request of a law enforcement	49857
officer having reasonable grounds to believe the person was	49858
operating or in physical control of a vehicle, streetcar, or	49859
trackless trolley in violation of a division, section, or	49860
ordinance identified in division (A)(2) of this section. The law	49861
enforcement agency by which the officer is employed shall	49862
designate which of the tests shall be administered.	49863

(4) Any person who is dead or unconscious, or who otherwise	49864
is in a condition rendering the person incapable of refusal, shall	49865
be deemed to have consented as provided in division (A)(2) of this	49866
section, and the test or tests may be administered, subject to	49867
sections 313.12 to 313.16 of the Revised Code.	49868

(5)(a) If a law enforcement officer arrests a person for a	49869
violation of division (A) or (B) of section 4511.19 of the Revised	49870
Code, section 4511.194 of the Revised Code or a substantially	49871
equivalent municipal ordinance, or a municipal OVI ordinance and	49872
if the person if convicted would be required to be sentenced under	49873
division (G)(1)(c), (d), or (e) of section 4511.19 of the Revised	49874
Code, the law enforcement officer shall request the person to	49875
submit, and the person shall submit, to a chemical test or tests	49876
of the person's whole blood, blood serum or plasma, breath, or	49877
urine for the purpose of determining the alcohol, drug of abuse,	49878
controlled substance, metabolite of a controlled substance, or	49879
combination content of the person's whole blood, blood serum or	49880
plasma, breath, or urine. A law enforcement officer who makes a	49881
request pursuant to this division that a person submit to a	49882
chemical test or tests is not required to advise the person of the	49883
consequences of submitting to, or refusing to submit to, the test	49884
or tests and is not required to give the person the form described	49885
in division (B) of section 4511.192 of the Revised Code, but the	49886
officer shall advise the person at the time of the arrest that if	49887
the person refuses to take a chemical test the officer may employ	49888
whatever reasonable means are necessary to ensure that the person	49889
submits to a chemical test of the person's whole blood or blood	49890
serum or plasma. The officer shall also advise the person at the	49891
time of the arrest that the person may have an independent	49892
chemical test taken at the person's own expense. Divisions (A)(3)	49893
and (4) of this section apply to the administration of a chemical	49894
test or tests pursuant to this division.	49895

(b) If a person refuses to submit to a chemical test upon a	49896
request made pursuant to division (A)(5)(a) of this section, the	49897
law enforcement officer who made the request may employ whatever	49898
reasonable means are necessary to ensure that the person submits	49899
to a chemical test of the person's whole blood or blood serum or	49900
plasma. A law enforcement officer who acts pursuant to this	49901
division to ensure that a person submits to a chemical test of the	49902
person's whole blood or blood serum or plasma is immune from	49903
criminal and civil liability based upon a claim for assault and	49904
battery or any other claim for the acts, unless the officer so	49905
acted with malicious purpose, in bad faith, or in a wanton or	49906
reckless manner.	49907

(B)(1) Upon receipt of the sworn report of a law enforcement	49908
officer who arrested a person for a violation of division (A) or	49909
(B) of section 4511.19 of the Revised Code, section 4511.194 of	49910
the Revised Code or a substantially equivalent municipal	49911
ordinance, or a municipal OVI ordinance that was completed and	49912
sent to the registrar of motor vehicles and a court pursuant to	49913
section 4511.192 of the Revised Code in regard to a person who	49914
refused to take the designated chemical test, the registrar shall	49915
enter into the registrar's records the fact that the person's	49916
driver's or commercial driver's license or permit or nonresident	49917
operating privilege was suspended by the arresting officer under	49918
this division and that section and the period of the suspension,	49919
as determined under this section. The suspension shall be subject	49920
to appeal as provided in section 4511.197 of the Revised Code. The	49921
suspension shall be for whichever of the following periods	49922
applies:	49923

(a) Except when division (B)(1)(b), (c), or (d) of this	49924
section applies and specifies a different class or length of	49925
suspension, the suspension shall be a class C suspension for the	49926
period of time specified in division (B)(3) of section 4510.02 of	49927
the Revised Code.	49928

(b) If the arrested person, within six years of the date on	49929
which the person refused the request to consent to the chemical	49930
test, had refused one previous request to consent to a chemical	49931
test or had been convicted of or pleaded guilty to one violation	49932
of division (A) or (B) of section 4511.19 of the Revised Code or	49933
one other equivalent offense, the suspension shall be a class B	49934
suspension imposed for the period of time specified in division	49935
(B)(2) of section 4510.02 of the Revised Code.	49936

(c) If the arrested person, within six years of the date on	49937
which the person refused the request to consent to the chemical	49938
test, had refused two previous requests to consent to a chemical	49939
test, had been convicted of or pleaded guilty to two violations of	49940
division (A) or (B) of section 4511.19 of the Revised Code or	49941
other equivalent offenses, or had refused one previous request to	49942
consent to a chemical test and also had been convicted of or	49943
pleaded guilty to one violation of division (A) or (B) of section	49944
4511.19 of the Revised Code or other equivalent offenses, which	49945
violation or offense arose from an incident other than the	49946
incident that led to the refusal, the suspension shall be a class	49947
A suspension imposed for the period of time specified in division	49948
(B)(1) of section 4510.02 of the Revised Code.	49949

(d) If the arrested person, within six years of the date on	49950
which the person refused the request to consent to the chemical	49951
test, had refused three or more previous requests to consent to a	49952
chemical test, had been convicted of or pleaded guilty to three or	49953
more violations of division (A) or (B) of section 4511.19 of the	49954
Revised Code or other equivalent offenses, or had refused a number	49955
of previous requests to consent to a chemical test and also had	49956
been convicted of or pleaded guilty to a number of violations of	49957
division (A) or (B) of section 4511.19 of the Revised Code or	49958
other equivalent offenses that cumulatively total three or more	49959
such refusals, convictions, and guilty pleas, the suspension shall	49960
be for five years.	49961

(2) The registrar shall terminate a suspension of the	49962
driver's or commercial driver's license or permit of a resident or	49963
of the operating privilege of a nonresident, or a denial of a	49964
driver's or commercial driver's license or permit, imposed	49965
pursuant to division (B)(1) of this section upon receipt of notice	49966
that the person has entered a plea of guilty to, or that the	49967
person has been convicted after entering a plea of no contest to,	49968
operating a vehicle in violation of section 4511.19 of the Revised	49969
Code or in violation of a municipal OVI ordinance, if the offense	49970
for which the conviction is had or the plea is entered arose from	49971
the same incident that led to the suspension or denial.	49972

The registrar shall credit against any judicial suspension of	49973
a person's driver's or commercial driver's license or permit or	49974
nonresident operating privilege imposed pursuant to section	49975
4511.19 of the Revised Code, or pursuant to section 4510.07 of the	49976
Revised Code for a violation of a municipal OVI ordinance, any	49977
time during which the person serves a related suspension imposed	49978
pursuant to division (B)(1) of this section.	49979

(C)(1) Upon receipt of the sworn report of the law	49980
enforcement officer who arrested a person for a violation of	49981
division (A) or (B) of section 4511.19 of the Revised Code or a	49982
municipal OVI ordinance that was completed and sent to the	49983
registrar and a court pursuant to section 4511.192 of the Revised	49984
Code in regard to a person whose test results indicate that the	49985
person's whole blood, blood serum or plasma, breath, or urine	49986
contained at least the concentration of alcohol specified in	49987
division (A)(1)(b), (c), (d), or (e) of section 4511.19 of the	49988
Revised Code or at least the concentration of a listed controlled	49989
substance or a listed metabolite of a controlled substance	49990
specified in division (A)(1)(j) of section 4511.19 of the Revised	49991
Code, the registrar shall enter into the registrar's records the	49992
fact that the person's driver's or commercial driver's license or	49993
permit or nonresident operating privilege was suspended by the	49994
arresting officer under this division and section 4511.192 of the	49995
Revised Code and the period of the suspension, as determined under	49996
divisions (C)(1)(a) to (d) of this section. The suspension shall	49997
be subject to appeal as provided in section 4511.197 of the	49998
Revised Code. The suspension described in this division does not	49999
apply to, and shall not be imposed upon, a person arrested for a	50000
violation of section 4511.194 of the Revised Code or a	50001
substantially equivalent municipal ordinance who submits to a	50002
designated chemical test. The suspension shall be for whichever of	50003
the following periods applies:	50004

(a) Except when division (C)(1)(b), (c), or (d) of this	50005
section applies and specifies a different period, the suspension	50006
shall be a class E suspension imposed for the period of time	50007
specified in division (B)(5) of section 4510.02 of the Revised	50008
Code.	50009

(b) The suspension shall be a class C suspension for the	50010
period of time specified in division (B)(3) of section 4510.02 of	50011
the Revised Code if the person has been convicted of or pleaded	50012
guilty to, within six years of the date the test was conducted,	50013
one violation of division (A) or (B) of section 4511.19 of the	50014
Revised Code or one other equivalent offense.	50015

(c) If, within six years of the date the test was conducted,	50016
the person has been convicted of or pleaded guilty to two	50017
violations of a statute or ordinance described in division	50018
(C)(1)(b) of this section, the suspension shall be a class B	50019
suspension imposed for the period of time specified in division	50020
(B)(2) of section 4510.02 of the Revised Code.	50021

(d) If, within six years of the date the test was conducted,	50022
the person has been convicted of or pleaded guilty to more than	50023
two violations of a statute or ordinance described in division	50024
(C)(1)(b) of this section, the suspension shall be a class A	50025
suspension imposed for the period of time specified in division	50026
(B)(1) of section 4510.02 of the Revised Code.	50027

(2) The registrar shall terminate a suspension of the	50028
driver's or commercial driver's license or permit of a resident or	50029
of the operating privilege of a nonresident, or a denial of a	50030
driver's or commercial driver's license or permit, imposed	50031
pursuant to division (C)(1) of this section upon receipt of notice	50032
that the person has entered a plea of guilty to, or that the	50033
person has been convicted after entering a plea of no contest to,	50034
operating a vehicle in violation of section 4511.19 of the Revised	50035
Code or in violation of a municipal OVI ordinance, if the offense	50036
for which the conviction is had or the plea is entered arose from	50037
the same incident that led to the suspension or denial.	50038

The registrar shall credit against any judicial suspension of	50039
a person's driver's or commercial driver's license or permit or	50040
nonresident operating privilege imposed pursuant to section	50041
4511.19 of the Revised Code, or pursuant to section 4510.07 of the	50042
Revised Code for a violation of a municipal OVI ordinance, any	50043
time during which the person serves a related suspension imposed	50044
pursuant to division (C)(1) of this section.	50045

(D)(1) A suspension of a person's driver's or commercial	50046
driver's license or permit or nonresident operating privilege	50047
under this section for the time described in division (B) or (C)	50048
of this section is effective immediately from the time at which	50049
the arresting officer serves the notice of suspension upon the	50050
arrested person. Any subsequent finding that the person is not	50051
guilty of the charge that resulted in the person being requested	50052
to take the chemical test or tests under division (A) of this	50053
section does not affect the suspension.	50054

(2) If a person is arrested for operating a vehicle,	50055
streetcar, or trackless trolley in violation of division (A) or	50056
(B) of section 4511.19 of the Revised Code or a municipal OVI	50057
ordinance, or for being in physical control of a vehicle,	50058
streetcar, or trackless trolley in violation of section 4511.194	50059
of the Revised Code or a substantially equivalent municipal	50060
ordinance, regardless of whether the person's driver's or	50061
commercial driver's license or permit or nonresident operating	50062
privilege is or is not suspended under division (B) or (C) of this	50063
section or Chapter 4510. of the Revised Code, the person's initial	50064
appearance on the charge resulting from the arrest shall be held	50065
within five days of the person's arrest or the issuance of the	50066
citation to the person, subject to any continuance granted by the	50067
court pursuant to section 4511.197 of the Revised Code regarding	50068
the issues specified in that division.	50069

(E) When it finally has been determined under the procedures	50070
of this section and sections 4511.192 to 4511.197 of the Revised	50071
Code that a nonresident's privilege to operate a vehicle within	50072
this state has been suspended, the registrar shall give	50073
information in writing of the action taken to the motor vehicle	50074
administrator of the state of the person's residence and of any	50075
state in which the person has a license.	50076

(F) At the end of a suspension period under this section,	50077
under section 4511.194, section 4511.196, or division (G) of	50078
section 4511.19 of the Revised Code, or under section 4510.07 of	50079
the Revised Code for a violation of a municipal OVI ordinance and	50080
upon the request of the person whose driver's or commercial	50081
driver's license or permit was suspended and who is not otherwise	50082
subject to suspension, cancellation, or disqualification, the	50083
registrar shall return the driver's or commercial driver's license	50084
or permit to the person upon the occurrence of all of the	50085
conditions specified in divisions (F)(1) and (2) of this section:	50086

(1) A showing that the person has proof of financial	50087
responsibility, a policy of liability insurance in effect that	50088
meets the minimum standards set forth in section 4509.51 of the	50089
Revised Code, or proof, to the satisfaction of the registrar, that	50090
the person is able to respond in damages in an amount at least	50091
equal to the minimum amounts specified in section 4509.51 of the	50092
Revised Code.	50093

(2) Subject to the limitation contained in division (F)(3) of	50094
this section, payment by the person to the registrar or an	50095
eligible deputy registrar of a license reinstatement fee of four	50096
hundred seventy-five dollars, which fee shall be deposited in the	50097
state treasury and credited as follows:	50098

(a) One hundred twelve dollars and fifty cents shall be	50099
credited to the statewide treatment and prevention fund created by	50100
section 4301.30 of the Revised Code. Money credited to the fund	50101
under this section shall be used for purposes identified in the	50102
comprehensive statewide alcohol and drug addiction services plan	50103
developed under section 3793.04 of the Revised Code.	50104

(b) Seventy-five dollars shall be credited to the reparations	50105
fund created by section 2743.191 of the Revised Code.	50106

(c) Thirty-seven dollars and fifty cents shall be credited to	50107
the indigent drivers alcohol treatment fund, which is hereby	50108
established in the state treasury. Except as otherwise provided in	50109
division (F)(2)(c) of this section, moneys in the fund shall be	50110
distributed by the department of alcohol and drug addiction	50111
services to the county indigent drivers alcohol treatment funds,	50112
the county juvenile indigent drivers alcohol treatment funds, and	50113
the municipal indigent drivers alcohol treatment funds that are	50114
required to be established by counties and municipal corporations	50115
pursuant to division (H) of this section, and shall be used only	50116
to pay the cost of an alcohol and drug addiction treatment program	50117
attended by an offender or juvenile traffic offender who is	50118
ordered to attend an alcohol and drug addiction treatment program	50119
by a county, juvenile, or municipal court judge and who is	50120
determined by the county, juvenile, or municipal court judge not	50121
to have the means to pay for the person's attendance at the	50122
program or to pay the costs specified in division (H)(4) of this	50123
section in accordance with that division. In addition, a county,	50124
juvenile, or municipal court judge may use moneys in the county	50125
indigent drivers alcohol treatment fund, county juvenile indigent	50126
drivers alcohol treatment fund, or municipal indigent drivers	50127
alcohol treatment fund to pay for the cost of the continued use of	50128
an alcohol monitoring device as described in divisions (H)(3) and	50129
(4) of this section. Moneys in the fund that are not distributed	50130
to a county indigent drivers alcohol treatment fund, a county	50131
juvenile indigent drivers alcohol treatment fund, or a municipal	50132
indigent drivers alcohol treatment fund under division (H) of this	50133
section because the director of alcohol and drug addiction	50134
services does not have the information necessary to identify the	50135
county or municipal corporation where the offender or juvenile	50136
offender was arrested may be transferred by the director of budget	50137
and management to the statewide treatment and prevention fund	50138
created by section 4301.30 of the Revised Code, upon certification	50139
of the amount by the director of alcohol and drug addiction	50140
services.	50141

(d) Seventy-five dollars shall be credited to the Ohio	50142
rehabilitation services commission established by section 3304.12	50143
of the Revised Code, to the services for rehabilitation fund,	50144
which is hereby established. The fund shall be used to match	50145
available federal matching funds where appropriate, and for any	50146
other purpose or program of the commission to rehabilitate people	50147
with disabilities to help them become employed and independent.	50148

(e) Seventy-five dollars shall be deposited into the state	50149
treasury and credited to the drug abuse resistance education	50150
programs fund, which is hereby established, to be used by the	50151
attorney general for the purposes specified in division (F)(4) of	50152
this section.	50153

(f) Thirty dollars shall be credited to the state bureau of	50154
motor vehicles fund created by section 4501.25 of the Revised	50155
Code.	50156

(g) Twenty dollars shall be credited to the trauma and	50157
emergency medical services ~~grants~~ fund created by section 4513.263	50158
of the Revised Code.	50159

(h) Fifty dollars shall be credited to the indigent drivers	50160
interlock and alcohol monitoring fund, which is hereby established	50161
in the state treasury. Moneys in the fund shall be distributed by	50162
the department of public safety to the county indigent drivers	50163
interlock and alcohol monitoring funds, the county juvenile	50164
indigent drivers interlock and alcohol monitoring funds, and the	50165
municipal indigent drivers interlock and alcohol monitoring funds	50166
that are required to be established by counties and municipal	50167
corporations pursuant to this section, and shall be used only to	50168
pay the cost of an immobilizing or disabling device, including a	50169
certified ignition interlock device, or an alcohol monitoring	50170
device used by an offender or juvenile offender who is ordered to	50171
use the device by a county, juvenile, or municipal court judge and	50172
who is determined by the county, juvenile, or municipal court	50173
judge not to have the means to pay for the person's use of the	50174
device.	50175

(3) If a person's driver's or commercial driver's license or	50176
permit is suspended under this section, under section 4511.196 or	50177
division (G) of section 4511.19 of the Revised Code, under section	50178
4510.07 of the Revised Code for a violation of a municipal OVI	50179
ordinance or under any combination of the suspensions described in	50180
division (F)(3) of this section, and if the suspensions arise from	50181
a single incident or a single set of facts and circumstances, the	50182
person is liable for payment of, and shall be required to pay to	50183
the registrar or an eligible deputy registrar, only one	50184
reinstatement fee of four hundred seventy-five dollars. The	50185
reinstatement fee shall be distributed by the bureau in accordance	50186
with division (F)(2) of this section.	50187

(4) The attorney general shall use amounts in the drug abuse	50188
resistance education programs fund to award grants to law	50189
enforcement agencies to establish and implement drug abuse	50190
resistance education programs in public schools. Grants awarded to	50191
a law enforcement agency under this section shall be used by the	50192
agency to pay for not more than fifty per cent of the amount of	50193
the salaries of law enforcement officers who conduct drug abuse	50194
resistance education programs in public schools. The attorney	50195
general shall not use more than six per cent of the amounts the	50196
attorney general's office receives under division (F)(2)(e) of	50197
this section to pay the costs it incurs in administering the grant	50198
program established by division (F)(2)(e) of this section and in	50199
providing training and materials relating to drug abuse resistance	50200
education programs.	50201

The attorney general shall report to the governor and the	50202
general assembly each fiscal year on the progress made in	50203
establishing and implementing drug abuse resistance education	50204
programs. These reports shall include an evaluation of the	50205
effectiveness of these programs.	50206

(5) In addition to the reinstatement fee under this section,	50207
if the person pays the reinstatement fee to a deputy registrar,	50208
the deputy registrar shall collect a service fee of ten dollars to	50209
compensate the deputy registrar for services performed under this	50210
section. The deputy registrar shall retain eight dollars of the	50211
service fee and shall transmit the reinstatement fee, plus two	50212
dollars of the service fee, to the registrar in the manner the	50213
registrar shall determine.	50214

(G) Suspension of a commercial driver's license under	50215
division (B) or (C) of this section shall be concurrent with any	50216
period of disqualification under section 3123.611 or 4506.16 of	50217
the Revised Code or any period of suspension under section 3123.58	50218
of the Revised Code. No person who is disqualified for life from	50219
holding a commercial driver's license under section 4506.16 of the	50220
Revised Code shall be issued a driver's license under Chapter	50221
4507. of the Revised Code during the period for which the	50222
commercial driver's license was suspended under division (B) or	50223
(C) of this section. No person whose commercial driver's license	50224
is suspended under division (B) or (C) of this section shall be	50225
issued a driver's license under Chapter 4507. of the Revised Code	50226
during the period of the suspension.	50227

(H)(1) Each county shall establish an indigent drivers	50228
alcohol treatment fund, each county shall establish a juvenile	50229
indigent drivers alcohol treatment fund, and each municipal	50230
corporation in which there is a municipal court shall establish an	50231
indigent drivers alcohol treatment fund. All revenue that the	50232
general assembly appropriates to the indigent drivers alcohol	50233
treatment fund for transfer to a county indigent drivers alcohol	50234
treatment fund, a county juvenile indigent drivers alcohol	50235
treatment fund, or a municipal indigent drivers alcohol treatment	50236
fund, all portions of fees that are paid under division (F) of	50237
this section and that are credited under that division to the	50238
indigent drivers alcohol treatment fund in the state treasury for	50239
a county indigent drivers alcohol treatment fund, a county	50240
juvenile indigent drivers alcohol treatment fund, or a municipal	50241
indigent drivers alcohol treatment fund, all portions of	50242
additional costs imposed under section 2949.094 of the Revised	50243
Code that are specified for deposit into a county, county	50244
juvenile, or municipal indigent drivers alcohol treatment fund by	50245
that section, and all portions of fines that are specified for	50246
deposit into a county or municipal indigent drivers alcohol	50247
treatment fund by section 4511.193 of the Revised Code shall be	50248
deposited into that county indigent drivers alcohol treatment	50249
fund, county juvenile indigent drivers alcohol treatment fund, or	50250
municipal indigent drivers alcohol treatment fund. The portions of	50251
the fees paid under division (F) of this section that are to be so	50252
deposited shall be determined in accordance with division (H)(2)	50253
of this section. Additionally, all portions of fines that are paid	50254
for a violation of section 4511.19 of the Revised Code or of any	50255
prohibition contained in Chapter 4510. of the Revised Code, and	50256
that are required under section 4511.19 or any provision of	50257
Chapter 4510. of the Revised Code to be deposited into a county	50258
indigent drivers alcohol treatment fund or municipal indigent	50259
drivers alcohol treatment fund shall be deposited into the	50260
appropriate fund in accordance with the applicable division of the	50261
section or provision.	50262

(2) That portion of the license reinstatement fee that is	50263
paid under division (F) of this section and that is credited under	50264
that division to the indigent drivers alcohol treatment fund shall	50265
be deposited into a county indigent drivers alcohol treatment	50266
fund, a county juvenile indigent drivers alcohol treatment fund,	50267
or a municipal indigent drivers alcohol treatment fund as follows:	50268

(a) Regarding a suspension imposed under this section, that	50269
portion of the fee shall be deposited as follows:	50270

(i) If the fee is paid by a person who was charged in a	50271
county court with the violation that resulted in the suspension or	50272
in the imposition of the court costs, the portion shall be	50273
deposited into the county indigent drivers alcohol treatment fund	50274
under the control of that court;	50275

(ii) If the fee is paid by a person who was charged in a	50276
juvenile court with the violation that resulted in the suspension	50277
or in the imposition of the court costs, the portion shall be	50278
deposited into the county juvenile indigent drivers alcohol	50279
treatment fund established in the county served by the court;	50280

(iii) If the fee is paid by a person who was charged in a	50281
municipal court with the violation that resulted in the suspension	50282
or in the imposition of the court costs, the portion shall be	50283
deposited into the municipal indigent drivers alcohol treatment	50284
fund under the control of that court.	50285

(b) Regarding a suspension imposed under section 4511.19 of	50286
the Revised Code or under section 4510.07 of the Revised Code for	50287
a violation of a municipal OVI ordinance, that portion of the fee	50288
shall be deposited as follows:	50289

(i) If the fee is paid by a person whose license or permit	50290
was suspended by a county court, the portion shall be deposited	50291
into the county indigent drivers alcohol treatment fund under the	50292
control of that court;	50293

(ii) If the fee is paid by a person whose license or permit	50294
was suspended by a municipal court, the portion shall be deposited	50295
into the municipal indigent drivers alcohol treatment fund under	50296
the control of that court.	50297

(3) Expenditures from a county indigent drivers alcohol	50298
treatment fund, a county juvenile indigent drivers alcohol	50299
treatment fund, or a municipal indigent drivers alcohol treatment	50300
fund shall be made only upon the order of a county, juvenile, or	50301
municipal court judge and only for payment of the cost of an	50302
assessment or the cost of the attendance at an alcohol and drug	50303
addiction treatment program of a person who is convicted of, or	50304
found to be a juvenile traffic offender by reason of, a violation	50305
of division (A) of section 4511.19 of the Revised Code or a	50306
substantially similar municipal ordinance, who is ordered by the	50307
court to attend the alcohol and drug addiction treatment program,	50308
and who is determined by the court to be unable to pay the cost of	50309
the assessment or the cost of attendance at the treatment program	50310
or for payment of the costs specified in division (H)(4) of this	50311
section in accordance with that division. The alcohol and drug	50312
addiction services board or the board of alcohol, drug addiction,	50313
and mental health services established pursuant to section 340.02	50314
or 340.021 of the Revised Code and serving the alcohol, drug	50315
addiction, and mental health service district in which the court	50316
is located shall administer the indigent drivers alcohol treatment	50317
program of the court. When a court orders an offender or juvenile	50318
traffic offender to obtain an assessment or attend an alcohol and	50319
drug addiction treatment program, the board shall determine which	50320
program is suitable to meet the needs of the offender or juvenile	50321
traffic offender, and when a suitable program is located and space	50322
is available at the program, the offender or juvenile traffic	50323
offender shall attend the program designated by the board. A	50324
reasonable amount not to exceed five per cent of the amounts	50325
credited to and deposited into the county indigent drivers alcohol	50326
treatment fund, the county juvenile indigent drivers alcohol	50327
treatment fund, or the municipal indigent drivers alcohol	50328
treatment fund serving every court whose program is administered	50329
by that board shall be paid to the board to cover the costs it	50330
incurs in administering those indigent drivers alcohol treatment	50331
programs.	50332

In addition, upon exhaustion of moneys in the indigent	50333
drivers interlock and alcohol monitoring fund for the use of an	50334
alcohol monitoring device, a county, juvenile, or municipal court	50335
judge may use moneys in the county indigent drivers alcohol	50336
treatment fund, county juvenile indigent drivers alcohol treatment	50337
fund, or municipal indigent drivers alcohol treatment fund in the	50338
following manners:	50339

(a) If the source of the moneys was an appropriation of the	50340
general assembly, a portion of a fee that was paid under division	50341
(F) of this section, a portion of a fine that was specified for	50342
deposit into the fund by section 4511.193 of the Revised Code, or	50343
a portion of a fine that was paid for a violation of section	50344
4511.19 of the Revised Code or of a provision contained in Chapter	50345
4510. of the Revised Code that was required to be deposited into	50346
the fund, to pay for the continued use of an alcohol monitoring	50347
device by an offender or juvenile traffic offender, in conjunction	50348
with a treatment program approved by the department of alcohol and	50349
drug addiction services, when such use is determined clinically	50350
necessary by the treatment program and when the court determines	50351
that the offender or juvenile traffic offender is unable to pay	50352
all or part of the daily monitoring or cost of the device;	50353

(b) If the source of the moneys was a portion of an	50354
additional court cost imposed under section 2949.094 of the	50355
Revised Code, to pay for the continued use of an alcohol	50356
monitoring device by an offender or juvenile traffic offender when	50357
the court determines that the offender or juvenile traffic	50358
offender is unable to pay all or part of the daily monitoring or	50359
cost of the device. The moneys may be used for a device as	50360
described in this division if the use of the device is in	50361
conjunction with a treatment program approved by the department of	50362
alcohol and drug addiction services, when the use of the device is	50363
determined clinically necessary by the treatment program, but the	50364
use of a device is not required to be in conjunction with a	50365
treatment program approved by the department in order for the	50366
moneys to be used for the device as described in this division.	50367

(4) If a county, juvenile, or municipal court determines, in	50368
consultation with the alcohol and drug addiction services board or	50369
the board of alcohol, drug addiction, and mental health services	50370
established pursuant to section 340.02 or 340.021 of the Revised	50371
Code and serving the alcohol, drug addiction, and mental health	50372
district in which the court is located, that the funds in the	50373
county indigent drivers alcohol treatment fund, the county	50374
juvenile indigent drivers alcohol treatment fund, or the municipal	50375
indigent drivers alcohol treatment fund under the control of the	50376
court are more than sufficient to satisfy the purpose for which	50377
the fund was established, as specified in divisions (H)(1) to (3)	50378
of this section, the court may declare a surplus in the fund. If	50379
the court declares a surplus in the fund, the court may expend the	50380
amount of the surplus in the fund for:	50381

(a) Alcohol and drug abuse assessment and treatment of	50382
persons who are charged in the court with committing a criminal	50383
offense or with being a delinquent child or juvenile traffic	50384
offender and in relation to whom both of the following apply:	50385

(i) The court determines that substance abuse was a	50386
contributing factor leading to the criminal or delinquent activity	50387
or the juvenile traffic offense with which the person is charged.	50388

(ii) The court determines that the person is unable to pay	50389
the cost of the alcohol and drug abuse assessment and treatment	50390
for which the surplus money will be used.	50391

(b) All or part of the cost of purchasing alcohol monitoring	50392
devices to be used in conjunction with division (H)(3) of this	50393
section, upon exhaustion of moneys in the indigent drivers	50394
interlock and alcohol monitoring fund for the use of an alcohol	50395
monitoring device.	50396

(5) For the purpose of determining as described in division	50397
(F)(2)(c) of this section whether an offender does not have the	50398
means to pay for the offender's attendance at an alcohol and drug	50399
addiction treatment program or whether an alleged offender or	50400
delinquent child is unable to pay the costs specified in division	50401
(H)(4) of this section, the court shall use the indigent client	50402
eligibility guidelines and the standards of indigency established	50403
by the state public defender to make the determination.	50404

(6) The court shall identify and refer any alcohol and drug	50405
addiction program that is not certified under section 3793.06 of	50406
the Revised Code and that is interested in receiving amounts from	50407
the surplus in the fund declared under division (H)(4) of this	50408
section to the department of alcohol and drug addiction services	50409
in order for the program to become a certified alcohol and drug	50410
addiction program. The department shall keep a record of applicant	50411
referrals received pursuant to this division and shall submit a	50412
report on the referrals each year to the general assembly. If a	50413
program interested in becoming certified makes an application to	50414
become certified pursuant to section 3793.06 of the Revised Code,	50415
the program is eligible to receive surplus funds as long as the	50416
application is pending with the department. The department of	50417
alcohol and drug addiction services must offer technical	50418
assistance to the applicant. If the interested program withdraws	50419
the certification application, the department must notify the	50420
court, and the court shall not provide the interested program with	50421
any further surplus funds.	50422

(7)(a) Each alcohol and drug addiction services board and	50423
board of alcohol, drug addiction, and mental health services	50424
established pursuant to section 340.02 or 340.021 of the Revised	50425
Code shall submit to the department of alcohol and drug addiction	50426
services an annual report for each indigent drivers alcohol	50427
treatment fund in that board's area.	50428

(b) The report, which shall be submitted not later than sixty	50429
days after the end of the state fiscal year, shall provide the	50430
total payment that was made from the fund, including the number of	50431
indigent consumers that received treatment services and the number	50432
of indigent consumers that received an alcohol monitoring device.	50433
The report shall identify the treatment program and expenditure	50434
for an alcohol monitoring device for which that payment was made.	50435
The report shall include the fiscal year balance of each indigent	50436
drivers alcohol treatment fund located in that board's area. In	50437
the event that a surplus is declared in the fund pursuant to	50438
division (H)(4) of this section, the report also shall provide the	50439
total payment that was made from the surplus moneys and identify	50440
the treatment program and expenditure for an alcohol monitoring	50441
device for which that payment was made. The department may require	50442
additional information necessary to complete the comprehensive	50443
statewide alcohol and drug addiction services plan as required by	50444
section 3793.04 of the Revised Code.	50445

(c) If a board is unable to obtain adequate information to	50446
develop the report to submit to the department for a particular	50447
indigent drivers alcohol treatment fund, the board shall submit a	50448
report detailing the effort made in obtaining the information.	50449

(I)(1) Each county shall establish an indigent drivers	50450
interlock and alcohol monitoring fund and a juvenile indigent	50451
drivers interlock and alcohol treatment fund, and each municipal	50452
corporation in which there is a municipal court shall establish an	50453
indigent drivers interlock and alcohol monitoring fund. All	50454
revenue that the general assembly appropriates to the indigent	50455
drivers interlock and alcohol monitoring fund for transfer to a	50456
county indigent drivers interlock and alcohol monitoring fund, a	50457
county juvenile indigent drivers interlock and alcohol monitoring	50458
fund, or a municipal indigent drivers interlock and alcohol	50459
monitoring fund, all portions of license reinstatement fees that	50460
are paid under division (F)(2) of this section and that are	50461
credited under that division to the indigent drivers interlock and	50462
alcohol monitoring fund in the state treasury, and all portions of	50463
fines that are paid under division (G) of section 4511.19 of the	50464
Revised Code and that are credited by division (G)(5)(e) of that	50465
section to the indigent drivers interlock and alcohol monitoring	50466
fund in the state treasury shall be deposited in the appropriate	50467
fund in accordance with division (I)(2) of this section.	50468

(2) That portion of the license reinstatement fee that is	50469
paid under division (F) of this section and that portion of the	50470
fine paid under division (G) of section 4511.19 of the Revised	50471
Code and that is credited under either division to the indigent	50472
drivers interlock and alcohol monitoring fund shall be deposited	50473
into a county indigent drivers interlock and alcohol monitoring	50474
fund, a county juvenile indigent drivers interlock and alcohol	50475
monitoring fund, or a municipal indigent drivers interlock and	50476
alcohol monitoring fund as follows:	50477

(a) If the fee or fine is paid by a person who was charged in	50478
a county court with the violation that resulted in the suspension	50479
or fine, the portion shall be deposited into the county indigent	50480
drivers interlock and alcohol monitoring fund under the control of	50481
that court.	50482

(b) If the fee or fine is paid by a person who was charged in	50483
a juvenile court with the violation that resulted in the	50484
suspension or fine, the portion shall be deposited into the county	50485
juvenile indigent drivers interlock and alcohol monitoring fund	50486
established in the county served by the court.	50487

(c) If the fee or fine is paid by a person who was charged in	50488
a municipal court with the violation that resulted in the	50489
suspension, the portion shall be deposited into the municipal	50490
indigent drivers interlock and alcohol monitoring fund under the	50491
control of that court.	50492

Sec. 4511.78. (A) As used in this section:

50493

(1) "Mass transit system" means any county transit system,	50494
regional transit authority, regional transit commission,	50495
municipally owned transportation system, mass transit company	50496
operating exclusively within the territorial limits of a municipal	50497
corporation, or within such limits and the territorial limits of	50498
municipal corporations immediately contiguous to such municipal	50499
corporation, and any common passenger carrier ~~certified by the~~	50500
~~public utilities commission~~, that provides transportation for	50501
children to or from a school session or a school function.	50502

(2) "Bus" means every motor vehicle designed for carrying	50503
more than nine passengers and used for the transportation of	50504
persons, but does not mean any school bus as defined in section	50505
4511.01 of the Revised Code.	50506

(B) Whenever a mass transit system transports children to or	50507
from a school session or school function, the mass transit system	50508
shall provide for:	50509

(1) Periodic safety inspections of all buses used to provide	50510
transportation service. The inspections shall be based on rules	50511
adopted by the public utilities commission under Chapters 4921.	50512
and 4923. of the Revised Code to ensure the safety of operation of	50513
~~motor transportation companies and private~~ motor carriers.	50514

(2) The safety training of all drivers operating buses used	50515
to provide transportation service;	50516

(3) The equipping of every bus with outside rear-view mirrors	50517
meeting the motor carrier regulations for bus equipment adopted by	50518
the federal highway administration. No exclusions from this	50519
requirement granted under the federal regulations shall be	50520
considered exclusions for the purposes of this division.	50521

(C) Except as otherwise provided in this division, whoever	50522
violates this section is guilty of a minor misdemeanor. If, within	50523
one year of the offense, the offender previously has been	50524
convicted of or pleaded guilty to one predicate motor vehicle or	50525
traffic offense, whoever violates this section is guilty of a	50526
misdemeanor of the fourth degree. If, within one year of the	50527
offense, the offender previously has been convicted of two or more	50528
predicate motor vehicle or traffic offenses, whoever violates this	50529
section is guilty of a misdemeanor of the third degree.	50530

Sec. 4511.98. The director of transportation may establish	50531
speed limits within construction zones that vary based on the type	50532
of work being conducted, the time of day, or any other criteria	50533
the director may consider appropriate. The director, board of	50534
county commissioners, or board of township trustees shall cause	50535
signs to be erected advising motorists that increased penalties	50536
apply for certain traffic violations occurring on streets or	50537
highways in a construction zone. The increased penalties shall be	50538
effective only when signs are erected in accordance with the	50539
guidelines and design specifications established by the director	50540
under section 5501.27 of the Revised Code, and when a violation	50541
occurs during hours of actual work within the construction zone.	50542

Sec. 4513.18. (A) The director of transportation shall adopt	50543
standards and specifications applicable to headlights, clearance	50544
lights, identification, and other lights, on snow removal	50545
equipment when operated on the highways, and on vehicles operating	50546
under special permits pursuant to section 4513.34 of the Revised	50547
Code, in lieu of the lights otherwise required on motor vehicles.	50548
Such standards and specifications may permit the use of flashing	50549
colored lights, other than blue or red in color, for purposes of	50550
identification on snow removal equipment, and oversize vehicles	50551
when in service upon the highways. The standards and	50552
specifications for lights referred to in this section shall	50553
correlate with and, so far as possible, conform with those	50554
approved by the American association of state highway officials.	50555

It is unlawful to operate snow removal equipment on a highway	50556
unless the lights thereon comply with and are lighted when and as	50557
required by the standards and specifications adopted as provided	50558
in this section.	50559

(B) Whoever violates this section is guilty of a minor	50560
misdemeanor.	50561

Sec. 4513.263. (A) As used in this section and in section	50562
4513.99 of the Revised Code:	50563

(1) "Automobile" means any commercial tractor, passenger car,	50564
commercial car, or truck that is required to be factory-equipped	50565
with an occupant restraining device for the operator or any	50566
passenger by regulations adopted by the United States secretary of	50567
transportation pursuant to the "National Traffic and Motor Vehicle	50568
Safety Act of 1966," 80 Stat. 719, 15 U.S.C.A. 1392.	50569

(2) "Occupant restraining device" means a seat safety belt,	50570
shoulder belt, harness, or other safety device for restraining a	50571
person who is an operator of or passenger in an automobile and	50572
that satisfies the minimum federal vehicle safety standards	50573
established by the United States department of transportation.	50574

(3) "Passenger" means any person in an automobile, other than	50575
its operator, who is occupying a seating position for which an	50576
occupant restraining device is provided.	50577

(4) "Commercial tractor," "passenger car," and "commercial	50578
car" have the same meanings as in section 4501.01 of the Revised	50579
Code.	50580

(5) "Vehicle" and "motor vehicle," as used in the definitions	50581
of the terms set forth in division (A)(4) of this section, have	50582
the same meanings as in section 4511.01 of the Revised Code.	50583

(6) "Tort action" means a civil action for damages for	50584
injury, death, or loss to person or property. "Tort action"	50585
includes a product liability claim, as defined in section 2307.71	50586
of the Revised Code, and an asbestos claim, as defined in section	50587
2307.91 of the Revised Code, but does not include a civil action	50588
for damages for breach of contract or another agreement between	50589
persons.	50590

(B) No person shall do any of the following:

50591

(1) Operate an automobile on any street or highway unless	50592
that person is wearing all of the available elements of a properly	50593
adjusted occupant restraining device, or operate a school bus that	50594
has an occupant restraining device installed for use in its	50595
operator's seat unless that person is wearing all of the available	50596
elements of the device, as properly adjusted;	50597

(2) Operate an automobile on any street or highway unless	50598
each passenger in the automobile who is subject to the requirement	50599
set forth in division (B)(3) of this section is wearing all of the	50600
available elements of a properly adjusted occupant restraining	50601
device;	50602

(3) Occupy, as a passenger, a seating position on the front	50603
seat of an automobile being operated on any street or highway	50604
unless that person is wearing all of the available elements of a	50605
properly adjusted occupant restraining device;	50606

(4) Operate a taxicab on any street or highway unless all	50607
factory-equipped occupant restraining devices in the taxicab are	50608
maintained in usable form.	50609

(C) Division (B)(3) of this section does not apply to a	50610
person who is required by section 4511.81 of the Revised Code to	50611
be secured in a child restraint device or booster seat. Division	50612
(B)(1) of this section does not apply to a person who is an	50613
employee of the United States postal service or of a newspaper	50614
home delivery service, during any period in which the person is	50615
engaged in the operation of an automobile to deliver mail or	50616
newspapers to addressees. Divisions (B)(1) and (3) of this section	50617
do not apply to a person who has an affidavit signed by a	50618
physician licensed to practice in this state under Chapter 4731.	50619
of the Revised Code or a chiropractor licensed to practice in this	50620
state under Chapter 4734. of the Revised Code that states that the	50621
person has a physical impairment that makes use of an occupant	50622
restraining device impossible or impractical.	50623

(D) Notwithstanding any provision of law to the contrary, no	50624
law enforcement officer shall cause an operator of an automobile	50625
being operated on any street or highway to stop the automobile for	50626
the sole purpose of determining whether a violation of division	50627
(B) of this section has been or is being committed or for the sole	50628
purpose of issuing a ticket, citation, or summons for a violation	50629
of that nature or causing the arrest of or commencing a	50630
prosecution of a person for a violation of that nature, and no law	50631
enforcement officer shall view the interior or visually inspect	50632
any automobile being operated on any street or highway for the	50633
sole purpose of determining whether a violation of that nature has	50634
been or is being committed.	50635

(E) All fines collected for violations of division (B) of	50636
this section, or for violations of any ordinance or resolution of	50637
a political subdivision that is substantively comparable to that	50638
division, shall be forwarded to the treasurer of state for deposit	50639
~~as follows:~~	50640

~~(1) Eight per cent shall be deposited into the elementary~~	50641
~~school program fund, which is hereby created in the state~~	50642
~~treasury, and shall be used by the department of public safety to~~	50643
~~establish and administer elementary school programs that encourage~~	50644
~~seat safety belt use.~~	50645

~~(2) Two per cent shall be deposited into the occupational~~	50646
~~licensing and regulatory fund created by section 4743.05 of the~~	50647
~~Revised Code.~~	50648

~~(3) Thirty-six per cent, plus~~into the state treasury to the	50649
credit of the trauma and emergency medical services fund, which is	50650
hereby created. In addition, sixty cents of each fee collected	50651
under sections 4501.34, 4503.26, 4505.14, 4506.08, ~~and~~ 4509.05,	50652
~~plus on and after October 1, 2009, sixty cents of each fee~~	50653
~~collected under sections 4505.14~~ and 4519.63 of the Revised Code	50654
as specified in those sections, plus the portion of the driver's	50655
license reinstatement fee described in division (F)(2)(g) of	50656
section 4511.191 of the Revised Code, plus all fees collected	50657
under section 4765.11 of the Revised Code, plus all fines imposed	50658
under section 4765.55 of the Revised Code, plus the fees and other	50659
moneys specified in section 4766.05 of the Revised Code, and plus	50660
five per cent of fines and moneys arising from bail forfeitures as	50661
directed by section 5503.04 of the Revised Code, also shall be	50662
deposited into the trauma and emergency medical services fund,	50663
~~which is hereby created in the state treasury, and~~. All money	50664
deposited into the trauma and emergency medical services fund	50665
shall be used by the department of public safety for the	50666
administration and operation of the division of emergency medical	50667
services and the state board of emergency medical, fire, and	50668
transportation services, ~~except that the~~and by the state board	50669
of emergency medical, fire, and transportation services to make	50670
grants, in accordance with section 4765.07 of the Revised Code and	50671
rules the board adopts under section 4765.11 of the Revised Code.	50672
The director of budget and management may transfer excess money	50673
from the trauma and emergency medical services fund to the state	50674
highway safety fund if the director of public safety determines	50675
that the amount of money in the trauma and emergency medical	50676
services fund exceeds the amount required to cover such costs	50677
incurred by the emergency medical services agency and the grants	50678
made by the state board of emergency medical, fire, and	50679
transportation services and requests the director of budget and	50680
management to make the transfer.	50681

~~(4) Fifty-four per cent shall be deposited into the trauma~~	50682
~~and emergency medical services grants fund, which is hereby~~	50683
~~created in the state treasury, and shall be used by the state~~	50684
~~board of emergency medical services to make grants, in accordance~~	50685
~~with section 4765.07 of the Revised Code and rules the board~~	50686
~~adopts under section 4765.11 of the Revised Code.~~	50687

(F)(1) Subject to division (F)(2) of this section, the	50688
failure of a person to wear all of the available elements of a	50689
properly adjusted occupant restraining device in violation of	50690
division (B)(1) or (3) of this section or the failure of a person	50691
to ensure that each minor who is a passenger of an automobile	50692
being operated by that person is wearing all of the available	50693
elements of a properly adjusted occupant restraining device in	50694
violation of division (B)(2) of this section shall not be	50695
considered or used by the trier of fact in a tort action as	50696
evidence of negligence or contributory negligence. But, the trier	50697
of fact may determine based on evidence admitted consistent with	50698
the Ohio Rules of Evidence that the failure contributed to the	50699
harm alleged in the tort action and may diminish a recovery of	50700
compensatory damages that represents noneconomic loss, as defined	50701
in section 2307.011 of the Revised Code, in a tort action that	50702
could have been recovered but for the plaintiff's failure to wear	50703
all of the available elements of a properly adjusted occupant	50704
restraining device. Evidence of that failure shall not be used as	50705
a basis for a criminal prosecution of the person other than a	50706
prosecution for a violation of this section; and shall not be	50707
admissible as evidence in a criminal action involving the person	50708
other than a prosecution for a violation of this section.	50709

(2) If, at the time of an accident involving a passenger car	50710
equipped with occupant restraining devices, any occupant of the	50711
passenger car who sustained injury or death was not wearing an	50712
available occupant restraining device, was not wearing all of the	50713
available elements of such a device, or was not wearing such a	50714
device as properly adjusted, then, consistent with the Rules of	50715
Evidence, the fact that the occupant was not wearing the available	50716
occupant restraining device, was not wearing all of the available	50717
elements of such a device, or was not wearing such a device as	50718
properly adjusted is admissible in evidence in relation to any	50719
claim for relief in a tort action to the extent that the claim for	50720
relief satisfies all of the following:	50721

(a) It seeks to recover damages for injury or death to the	50722
occupant.	50723

(b) The defendant in question is the manufacturer, designer,	50724
distributor, or seller of the passenger car.	50725

(c) The claim for relief against the defendant in question is	50726
that the injury or death sustained by the occupant was enhanced or	50727
aggravated by some design defect in the passenger car or that the	50728
passenger car was not crashworthy.	50729

(G)(1) Whoever violates division (B)(1) of this section shall	50730
be fined thirty dollars.	50731

(2) Whoever violates division (B)(3) of this section shall be	50732
fined twenty dollars.	50733

(3) Except as otherwise provided in this division, whoever	50734
violates division (B)(4) of this section is guilty of a minor	50735
misdemeanor. If the offender previously has been convicted of or	50736
pleaded guilty to a violation of division (B)(4) of this section,	50737
whoever violates division (B)(4) of this section is guilty of a	50738
misdemeanor of the third degree.	50739

Sec. 4513.50. As used in sections 4513.50 to 4513.53 of the	50740
Revised Code:	50741

(A)(1) "Bus" means any vehicle used for the transportation of	50742
passengers that meets at least one of the following:	50743

(a) Was originally designed by the manufacturer to transport	50744
more than fifteen passengers, including the driver;	50745

(b) Either the gross vehicle weight rating or the gross	50746
vehicle weight exceeds ten thousand pounds.	50747

(2) "Bus" does not include a church bus as defined in section	50748
4503.07 of the Revised Code or a school bus unless the church bus	50749
or school bus is used in the transportation of passengers ~~for hire~~	50750
by a motor ~~transportation company or a common~~ carrier ~~by motor~~	50751
~~vehicle or by a private motor carrier or contract carrier by motor~~	50752
~~vehicle~~.	50753

(3) "Bus" also does not include any of the following:

50754

(a) Any vehicle operated exclusively on a rail or rails;

50755

(b) A trolley bus operated by electric power derived from a	50756
fixed overhead wire furnishing local passenger transportation	50757
similar to street-railway service;	50758

(c) Vehicles owned or leased by government agencies or	50759
political subdivisions.	50760

(B)~~(1)~~ "Motor ~~transportation company" and "common~~ carrier by	50761
~~motor vehicle~~" ~~have~~has the same ~~meanings~~meaning as in section	50762
~~4921.02~~4923.01 of the Revised Code.	50763

~~(2) "Private motor carrier" and "contract carrier by motor~~	50764
~~vehicle" have the same meanings as in section 4923.02 of the~~	50765
~~Revised Code.~~	50766

Sec. 4712.01. As used in sections 4712.01 to 4712.14 of the	50767
Revised Code:	50768

(A) "Buyer" means an individual who is solicited to purchase	50769
or who purchases the services of a credit services organization	50770
for purposes other than obtaining a business loan as described in	50771
division (B)(6) of section 1343.01 of the Revised Code.	50772

(B) "Consumer reporting agency" has the same meaning as in	50773
the "Fair Credit Reporting Act," 84 Stat. 1128, 15 U.S.C.A. 1681a,	50774
as amended.	50775

(C)(1) "Credit services organization" means any person that,	50776
in return for the payment of money or other valuable consideration	50777
readily convertible into money for the following services, sells,	50778
provides, or performs, or represents that the person can or will	50779
sell, provide, or perform, one or more of the following services:	50780

(a) Improving a buyer's credit record, history, or rating;

50781

(b) Obtaining an extension of credit by others for a buyer;

50782

(c) Providing advice or assistance to a buyer in connection	50783
with division (C)(1)(a) or (b) of this section;	50784

(d) Removing adverse credit information that is accurate and	50785
not obsolete from the buyer's credit record, history, or rating;	50786

(e) Altering the buyer's identification to prevent the	50787
display of the buyer's credit record, history, or rating.	50788

(2) "Credit services organization" does not include any of	50789
the following:	50790

(a) A person that makes or collects loans, to the extent	50791
these activities are subject to licensure or registration by this	50792
state;	50793

(b) A mortgage broker, as defined in section 1322.01 of the	50794
Revised Code, that holds a valid certificate of registration under	50795
sections 1322.01 to 1322.12 of the Revised Code;	50796

(c) A lender approved by the United States secretary of	50797
housing and urban development for participation in a mortgage	50798
insurance program under the "National Housing Act," 48 Stat. 1246	50799
(1934), 12 U.S.C.A. 1701, as amended;	50800

(d) A bank, savings bank, or savings and loan association, or	50801
a subsidiary or an affiliate of a bank, savings bank, or savings	50802
and loan association. For purposes of division (C)(2)(d) of this	50803
section, "affiliate" has the same meaning as in division (A) of	50804
section 1101.01 of the Revised Code and "bank," as used in	50805
division (A) of section 1101.01 of the Revised Code, is deemed to	50806
include a savings bank or savings and loan association.	50807

(e) A credit union organized and qualified under Chapter	50808
1733. of the Revised Code or the "Federal Credit Union Act," 84	50809
Stat. 994 (1970), 12 U.S.C.A. 1751, as amended;	50810

(f) A budget and debt counseling service, as defined in	50811
division (D) of section 2716.03 of the Revised Code, provided that	50812
the service is a nonprofit organization exempt from taxation under	50813
section 501(c)(3) of the "Internal Revenue Code of 1986," 100	50814
Stat. 2085, 26 U.S.C.A. 501, as amended, and that the service is	50815
in compliance with Chapter 4710. of the Revised Code;	50816

(g) A consumer reporting agency that is in substantial	50817
compliance with the "Fair Credit Reporting Act," 84 Stat. 1128, 15	50818
U.S.C.A. 1681a, as amended.	50819

(h) A mortgage banker;

50820

(i) Any political subdivision, or any governmental or other	50821
public entity, corporation, or agency, in or of the United States	50822
or any state of the United States;	50823

(j) A college or university, or controlled entity of a	50824
college or university, as defined in section 1713.05 of the	50825
Revised Code;	50826

(k) A motor vehicle dealer licensed pursuant to Chapter 4517.	50827
of the Revised Code acting within the scope and authority of that	50828
license or a motor vehicle auction owner licensed pursuant to	50829
Chapters 4517. and 4707. of the Revised Code acting within the	50830
scope and authority of that license;	50831

(l) An attorney at law admitted to the practice of law in	50832
this state who offers, provides, or performs a legal service that	50833
is privileged by reason of the attorney-client relationship,	50834
provided that the service is not a service described in division	50835
(C)(1)(b) or (e) of this section.	50836

(D) "Extension of credit" means the right to defer payment of	50837
debt, or to incur debt and defer its payment, offered or granted	50838
primarily for personal, family, or household purposes. "Extension	50839
of credit" does not include a mortgage.	50840

(E) "Mortgage" means any indebtedness secured by a deed of	50841
trust, security deed, or other lien on real property.	50842

(F) "Mortgage banker" means any person that makes, services,	50843
or buys and sells mortgage loans and is approved by the United	50844
States department of housing and urban development, the United	50845
States department of veterans affairs, the federal national	50846
mortgage association, or the federal home loan mortgage	50847
corporation.	50848

(G) "Superintendent of financial institutions" includes the	50849
deputy superintendent for consumer finance as provided in section	50850
1181.21 of the Revised Code.	50851

Sec. 4723.481. This section establishes standards and	50852
conditions regarding the authority of a clinical nurse specialist,	50853
certified nurse-midwife, or certified nurse practitioner to	50854
prescribe drugs and therapeutic devices under a certificate to	50855
prescribe issued under section 4723.481 of the Revised Code.	50856

(A) A clinical nurse specialist, certified nurse-midwife, or	50857
certified nurse practitioner shall not prescribe any drug or	50858
therapeutic device that is not included in the types of drugs and	50859
devices listed on the formulary established in rules adopted under	50860
section 4723.50 of the Revised Code.	50861

(B) The prescriptive authority of a clinical nurse	50862
specialist, certified nurse-midwife, or certified nurse	50863
practitioner shall not exceed the prescriptive authority of the	50864
collaborating physician or podiatrist, including the collaborating	50865
physician's authority to treat chronic pain with controlled	50866
substances and products containing tramadol as described in	50867
section 4731.052 of the Revised Code.	50868

(C)(1) Except as provided in division (C)(2) or (3) of this	50869
section, a clinical nurse specialist, certified nurse-midwife, or	50870
certified nurse practitioner may prescribe to a patient a schedule	50871
II controlled substance only if all of the following are the case:	50872

(a) The patient has a terminal condition, as defined in	50873
section 2133.01 of the Revised Code.	50874

(b) The collaborating physician of the clinical nurse	50875
specialist, certified nurse-midwife, or certified nurse	50876
practitioner initially prescribed the substance for the patient.	50877

(c) The prescription is for an amount that does not exceed	50878
the amount necessary for the patient's use in a single,	50879
twenty-four hour period.	50880

(2) The restrictions on prescriptive authority in division	50881
(C)(1) of this section do not apply if a clinical nurse	50882
specialist, certified nurse-midwife, or certified nurse	50883
practitioner issues the prescription to the patient from any of	50884
the following locations:	50885

(a) A hospital registered under section 3701.07 of the	50886
Revised Code;	50887

(b) An entity owned or controlled, in whole or in part, by a	50888
hospital or by an entity that owns or controls, in whole or in	50889
part, one or more hospitals;	50890

(c) A health care facility operated by the department of	50891
mental health or the department of developmental disabilities;	50892

(d) A nursing home licensed under section 3721.02 of the	50893
Revised Code or by a political subdivision certified under section	50894
3721.09 of the Revised Code;	50895

(e) A county home or district home operated under Chapter	50896
5155. of the Revised Code that is certified under the medicare or	50897
medicaid program;	50898

(f) A hospice care program, as defined in section 3712.01 of	50899
the Revised Code;	50900

(g) A community mental health agency, as defined in section	50901
5122.01 of the Revised Code;	50902

(h) An ambulatory surgical facility, as defined in section	50903
3702.30 of the Revised Code;	50904

(i) A freestanding birthing center, as defined in section	50905
3702.51 of the Revised Code;	50906

(j) A federally qualified health center, as defined in	50907
section 3701.047 of the Revised Code;	50908

(k) A federally qualified health center look-alike, as	50909
defined in section 3701.047 of the Revised Code;	50910

(l) A health care office or facility operated by the board of	50911
health of a city or general health district or the authority	50912
having the duties of a board of health under section 3709.05 of	50913
the Revised Code;	50914

(m) A site where a medical practice is operated, but only if	50915
the practice is comprised of one or more physicians who also are	50916
owners of the practice; the practice is organized to provide	50917
direct patient care; and the clinical nurse specialist, certified	50918
nurse-midwife, or certified nurse practitioner providing services	50919
at the site has a standard care arrangement and collaborates with	50920
at least one of the physician owners who practices primarily at	50921
that site.	50922

(3) A clinical nurse specialist, certified nurse-midwife, or	50923
certified nurse practitioner shall not issue to a patient a	50924
prescription for a schedule II controlled substance from a	50925
convenience care clinic even if the clinic is owned or operated by	50926
an entity specified in division (C)(2) of this section.	50927

(D) A pharmacist who acts in good faith reliance on a	50928
prescription issued by a clinical nurse specialist, certified	50929
nurse-midwife, or certified nurse practitioner under division	50930
(C)(2) of this section is not liable for or subject to any of the	50931
following for relying on the prescription: damages in any civil	50932
action, prosecution in any criminal proceeding, or professional	50933
disciplinary action by the state board of pharmacy under Chapter	50934
4729. of the Revised Code.	50935

(E) A clinical nurse specialist, certified nurse-midwife, or	50936
certified nurse practitioner may personally furnish to a patient a	50937
sample of any drug or therapeutic device included in the types of	50938
drugs and devices listed on the formulary, except that all of the	50939
following conditions apply:	50940

(1) The amount of the sample furnished shall not exceed a	50941
seventy-two-hour supply, except when the minimum available	50942
quantity of the sample is packaged in an amount that is greater	50943
than a seventy-two-hour supply, in which case the packaged amount	50944
may be furnished.	50945

(2) No charge may be imposed for the sample or for furnishing	50946
it.	50947

(3) Samples of controlled substances may not be personally	50948
furnished.	50949

(F) A clinical nurse specialist, certified nurse-midwife, or	50950
certified nurse practitioner may personally furnish to a patient a	50951
complete or partial supply of a drug or therapeutic device	50952
included in the types of drugs and devices listed on the	50953
formulary, except that all of the following conditions apply:	50954

(1) The clinical nurse specialist, certified nurse-midwife,	50955
or certified nurse practitioner shall personally furnish only	50956
antibiotics, antifungals, scabicides, contraceptives, prenatal	50957
vitamins, antihypertensives, drugs and devices used in the	50958
treatment of diabetes, drugs and devices used in the treatment of	50959
asthma, and drugs used in the treatment of dyslipidemia.	50960

(2) The clinical nurse specialist, certified nurse-midwife,	50961
or certified nurse practitioner shall not furnish the drugs and	50962
devices in locations other than a health department operated by	50963
the board of health of a city or general health district or the	50964
authority having the duties of a board of health under section	50965
3709.05 of the Revised Code, a federally funded comprehensive	50966
primary care clinic, or a nonprofit health care clinic or program.	50967

(3) The clinical nurse specialist, certified nurse-midwife,	50968
or certified nurse practitioner shall comply with all safety	50969
standards for personally furnishing supplies of drugs and devices,	50970
as established in rules adopted under section 4723.50 of the	50971
Revised Code.	50972

Sec. 4730.42. (A) In granting physician-delegated	50973
prescriptive authority to a particular physician assistant who	50974
holds a certificate to prescribe issued under this chapter, the	50975
supervising physician is subject to all of the following:	50976

(1) The supervising physician shall not grant	50977
physician-delegated prescriptive authority for any drug or	50978
therapeutic device that is not listed on the formulary established	50979
in rules adopted under section 4730.39 of the Revised Code as a	50980
drug or therapeutic device that may be included in the	50981
physician-delegated prescriptive authority granted to a physician	50982
assistant.	50983

(2) The supervising physician shall not grant	50984
physician-delegated prescriptive authority for any drug or device	50985
that may be used to perform or induce an abortion.	50986

(3) The supervising physician shall not grant	50987
physician-delegated prescriptive authority in a manner that	50988
exceeds the supervising physician's prescriptive authority,	50989
including the physician's authority to treat chronic pain with	50990
controlled substances and products containing tramadol as	50991
described in section 4731.052 of the Revised Code.	50992

(4) The supervising physician shall supervise the physician	50993
assistant in accordance with all of the following:	50994

(a) The supervision requirements specified in section 4730.21	50995
of the Revised Code and, in the case of supervision provided	50996
during a provisional period of physician-delegated prescriptive	50997
authority, the supervision requirements specified in section	50998
4730.45 of the Revised Code;	50999

(b) The physician supervisory plan approved for the	51000
supervising physician or the policies of the health care facility	51001
in which the physician and physician assistant are practicing;	51002

(c) The supervision agreement approved under section 4730.19	51003
of the Revised Code that applies to the supervising physician and	51004
the physician assistant.	51005

(B)(1) The supervising physician of a physician assistant may	51006
place conditions on the physician-delegated prescriptive authority	51007
granted to the physician assistant. If conditions are placed on	51008
that authority, the supervising physician shall maintain a written	51009
record of the conditions and make the record available to the	51010
state medical board on request.	51011

(2) The conditions that a supervising physician may place on	51012
the physician-delegated prescriptive authority granted to a	51013
physician assistant include the following:	51014

(a) Identification by class and specific generic nomenclature	51015
of drugs and therapeutic devices that the physician chooses not to	51016
permit the physician assistant to prescribe;	51017

(b) Limitations on the dosage units or refills that the	51018
physician assistant is authorized to prescribe;	51019

(c) Specification of circumstances under which the physician	51020
assistant is required to refer patients to the supervising	51021
physician or another physician when exercising physician-delegated	51022
prescriptive authority;	51023

(d) Responsibilities to be fulfilled by the physician in	51024
supervising the physician assistant that are not otherwise	51025
specified in the physician supervisory plan or otherwise required	51026
by this chapter.	51027

Sec. 4731.052. (A) As used in this section:

51028

(1) ~~"Dangerous drug" has the same meaning as in section~~	51029
~~4729.01 of the Revised Code.~~	51030

~~(2)~~ "Chronic pain" means pain that has persisted after	51031
reasonable medical efforts have been made to relieve the pain or	51032
cure its cause and that has continued, either continuously or	51033
episodically, for longer than three continuous months. "Chronic	51034
pain" does not include pain associated with a terminal condition	51035
or with a progressive disease that, in the normal course of	51036
progression, may reasonably be expected to result in a terminal	51037
condition.	51038

(2) "Controlled substance" has the same meaning as in section	51039
3719.01 of the Revised Code.	51040

(3) "Physician" means an individual authorized under this	51041
chapter to practice medicine and surgery or osteopathic medicine	51042
and surgery.	51043

(B) The state medical board shall adopt rules in accordance	51044
with Chapter 119. of the Revised Code that establish standards and	51045
procedures to be followed by physicians in the diagnosis and	51046
treatment of chronic pain, including standards for a physician's	51047
consultation with one or more other physicians who specialize in	51048
the treatment of the area, system, or organ of the body perceived	51049
as the source of pain and managing chronic pain by prescribing,	51050
personally furnishing, or administering ~~dangerous drugs in amounts~~	51051
~~or combinations that may not be appropriate when treating other~~	51052
~~medical conditions. In developing the rules, the board shall~~	51053
~~consult with and permit review by physicians who are experienced~~	51054
~~in the diagnosis and treatment of chronic pain~~controlled	51055
substances or products containing tramadol.	51056

(C) When a physician diagnoses ~~an individual~~a patient as	51057
having chronic pain, the physician may, subject to division (D) of	51058
this section, treat the pain by managing it with ~~dangerous drugs~~	51059
~~in amounts or combinations that may not be appropriate when~~	51060
~~treating other medical conditions~~controlled substances and	51061
products containing tramadol. The physician's diagnosis and	51062
treatment decisions shall be made ~~after having the individual~~	51063
according to accepted and prevailing standards for medical care.	51064
For the purpose of assisting with the diagnosis of chronic pain,	51065
the physician shall obtain and review all available medical	51066
records or detailed written summaries of the patient's treatment	51067
for chronic pain or the condition causing the chronic pain. It is	51068
recommended that the physician also consider having the patient	51069
evaluated by one or more other physicians who specialize in the	51070
treatment of the area, system, or organ of the body perceived as	51071
the source of the pain. ~~The physician's diagnosis and treatment~~	51072
~~decisions shall be made according to accepted and prevailing~~	51073
~~standards for medical care. The~~	51074

(D) For each patient a physician diagnoses as having chronic	51075
pain, the physician shall maintain a written record of all of the	51076
following:	51077

(1) Medical history and physical examination of the	51078
~~individual~~patient;	51079

(2) The diagnosis of chronic pain, including signs, symptoms,	51080
and causes;	51081

(3) The plan of treatment proposed, the patient's response to	51082
treatment, and any modification to the plan of treatment;,	51083
including all of the following:	51084

(a) Documentation that other medically reasonable treatments	51085
for relief of the patient's chronic pain have been offered or	51086
attempted without adequate or reasonable success;	51087

(b) Periodic assessment and documentation of the patient's	51088
functional status, including the ability to engage in work or	51089
other purposeful activities, the pain intensity and its	51090
interference with activities of daily living, quality of family	51091
life and social activities, and physical activity of the patient;	51092

(c) Periodic assessment and documentation of the patient's	51093
progress toward treatment objectives, including the intended role	51094
of controlled substances or products containing tramadol within	51095
the overall plan of treatment;	51096

(d) Periodic assessment and documentation for indicators of	51097
possible addiction, drug abuse, or drug diversion;	51098

(e) Notation of any adverse drug effects.

51099

(4) The dates on which ~~dangerous drugs~~controlled substances	51100
or products containing tramadol were prescribed, furnished, or	51101
administered, the name and address of the ~~individual~~patient to or	51102
for whom the ~~dangerous drugs~~controlled substances or products	51103
containing tramadol were prescribed, ~~dispensed~~furnished, or	51104
administered, and the amounts and dosage forms for the ~~dangerous~~	51105
~~drugs~~controlled substances or products containing tramadol	51106
prescribed, furnished, or administered;	51107

(5) A copy of ~~the~~any record or report made by ~~the~~another	51108
physician ~~or the physician to whom referral for evaluation was~~	51109
~~made under this division~~that was used or consulted for the	51110
purpose of diagnosing the patient's chronic pain or treating the	51111
patient for chronic pain.	51112

(E) A physician shall not prescribe, personally furnish, or	51113
administer to a patient a controlled substance or product	51114
containing tramadol without taking into account the potential for	51115
abuse of the controlled substance or product, the possibility the	51116
controlled substance or product may lead to dependence, the	51117
possibility the patient will obtain the controlled substance or	51118
product for a nontherapeutic use or distribute it to other	51119
persons, and the potential existence of an illicit market for the	51120
controlled substance or product. In addition, the physician shall	51121
address with the patient the risks associated with protracted	51122
treatment with controlled substances or products containing	51123
tramadol, including informing the patient of the potential for	51124
dependence, tolerance, and addiction and the clinical or	51125
monitoring tools the physician may use if signs of addiction, drug	51126
abuse, or drug diversion are present.	51127

~~(D)~~(F) A physician who treats chronic pain by managing it	51128
with ~~dangerous drugs~~controlled substances or products containing	51129
tramadol is not subject to disciplinary action by the board under	51130
section 4731.22 of the Revised Code solely because the physician	51131
treated the chronic pain with ~~dangerous drugs~~controlled	51132
substances or products containing tramadol.	51133

Sec. 4731.22. (A) The state medical board, by an affirmative	51134
vote of not fewer than six of its members, may revoke or may	51135
refuse to grant a certificate to a person found by the board to	51136
have committed fraud during the administration of the examination	51137
for a certificate to practice or to have committed fraud,	51138
misrepresentation, or deception in applying for or securing any	51139
certificate to practice or certificate of registration issued by	51140
the board.	51141

(B) The board, by an affirmative vote of not fewer than six	51142
members, shall, to the extent permitted by law, limit, revoke, or	51143
suspend an individual's certificate to practice, refuse to	51144
register an individual, refuse to reinstate a certificate, or	51145
reprimand or place on probation the holder of a certificate for	51146
one or more of the following reasons:	51147

(1) Permitting one's name or one's certificate to practice or	51148
certificate of registration to be used by a person, group, or	51149
corporation when the individual concerned is not actually	51150
directing the treatment given;	51151

(2) Failure to maintain minimal standards applicable to the	51152
selection or administration of drugs, or failure to employ	51153
acceptable scientific methods in the selection of drugs or other	51154
modalities for treatment of disease;	51155

(3) Selling, giving away, personally furnishing, prescribing,	51156
or administering drugs for other than legal and legitimate	51157
therapeutic purposes or a plea of guilty to, a judicial finding of	51158
guilt of, or a judicial finding of eligibility for intervention in	51159
lieu of conviction of, a violation of any federal or state law	51160
regulating the possession, distribution, or use of any drug;	51161

(4) Willfully betraying a professional confidence.

51162

For purposes of this division, "willfully betraying a	51163
professional confidence" does not include providing any	51164
information, documents, or reports to a child fatality review	51165
board under sections 307.621 to 307.629 of the Revised Code and	51166
does not include the making of a report of an employee's use of a	51167
drug of abuse, or a report of a condition of an employee other	51168
than one involving the use of a drug of abuse, to the employer of	51169
the employee as described in division (B) of section 2305.33 of	51170
the Revised Code. Nothing in this division affects the immunity	51171
from civil liability conferred by that section upon a physician	51172
who makes either type of report in accordance with division (B) of	51173
that section. As used in this division, "employee," "employer,"	51174
and "physician" have the same meanings as in section 2305.33 of	51175
the Revised Code.	51176

(5) Making a false, fraudulent, deceptive, or misleading	51177
statement in the solicitation of or advertising for patients; in	51178
relation to the practice of medicine and surgery, osteopathic	51179
medicine and surgery, podiatric medicine and surgery, or a limited	51180
branch of medicine; or in securing or attempting to secure any	51181
certificate to practice or certificate of registration issued by	51182
the board.	51183

As used in this division, "false, fraudulent, deceptive, or	51184
misleading statement" means a statement that includes a	51185
misrepresentation of fact, is likely to mislead or deceive because	51186
of a failure to disclose material facts, is intended or is likely	51187
to create false or unjustified expectations of favorable results,	51188
or includes representations or implications that in reasonable	51189
probability will cause an ordinarily prudent person to	51190
misunderstand or be deceived.	51191

(6) A departure from, or the failure to conform to, minimal	51192
standards of care of similar practitioners under the same or	51193
similar circumstances, whether or not actual injury to a patient	51194
is established;	51195

(7) Representing, with the purpose of obtaining compensation	51196
or other advantage as personal gain or for any other person, that	51197
an incurable disease or injury, or other incurable condition, can	51198
be permanently cured;	51199

(8) The obtaining of, or attempting to obtain, money or	51200
anything of value by fraudulent misrepresentations in the course	51201
of practice;	51202

(9) A plea of guilty to, a judicial finding of guilt of, or a	51203
judicial finding of eligibility for intervention in lieu of	51204
conviction for, a felony;	51205

(10) Commission of an act that constitutes a felony in this	51206
state, regardless of the jurisdiction in which the act was	51207
committed;	51208

(11) A plea of guilty to, a judicial finding of guilt of, or	51209
a judicial finding of eligibility for intervention in lieu of	51210
conviction for, a misdemeanor committed in the course of practice;	51211

(12) Commission of an act in the course of practice that	51212
constitutes a misdemeanor in this state, regardless of the	51213
jurisdiction in which the act was committed;	51214

(13) A plea of guilty to, a judicial finding of guilt of, or	51215
a judicial finding of eligibility for intervention in lieu of	51216
conviction for, a misdemeanor involving moral turpitude;	51217

(14) Commission of an act involving moral turpitude that	51218
constitutes a misdemeanor in this state, regardless of the	51219
jurisdiction in which the act was committed;	51220

(15) Violation of the conditions of limitation placed by the	51221
board upon a certificate to practice;	51222

(16) Failure to pay license renewal fees specified in this	51223
chapter;	51224

(17) Except as authorized in section 4731.31 of the Revised	51225
Code, engaging in the division of fees for referral of patients,	51226
or the receiving of a thing of value in return for a specific	51227
referral of a patient to utilize a particular service or business;	51228

(18) Subject to section 4731.226 of the Revised Code,	51229
violation of any provision of a code of ethics of the American	51230
medical association, the American osteopathic association, the	51231
American podiatric medical association, or any other national	51232
professional organizations that the board specifies by rule. The	51233
state medical board shall obtain and keep on file current copies	51234
of the codes of ethics of the various national professional	51235
organizations. The individual whose certificate is being suspended	51236
or revoked shall not be found to have violated any provision of a	51237
code of ethics of an organization not appropriate to the	51238
individual's profession.	51239

For purposes of this division, a "provision of a code of	51240
ethics of a national professional organization" does not include	51241
any provision that would preclude the making of a report by a	51242
physician of an employee's use of a drug of abuse, or of a	51243
condition of an employee other than one involving the use of a	51244
drug of abuse, to the employer of the employee as described in	51245
division (B) of section 2305.33 of the Revised Code. Nothing in	51246
this division affects the immunity from civil liability conferred	51247
by that section upon a physician who makes either type of report	51248
in accordance with division (B) of that section. As used in this	51249
division, "employee," "employer," and "physician" have the same	51250
meanings as in section 2305.33 of the Revised Code.	51251

(19) Inability to practice according to acceptable and	51252
prevailing standards of care by reason of mental illness or	51253
physical illness, including, but not limited to, physical	51254
deterioration that adversely affects cognitive, motor, or	51255
perceptive skills.	51256

In enforcing this division, the board, upon a showing of a	51257
possible violation, may compel any individual authorized to	51258
practice by this chapter or who has submitted an application	51259
pursuant to this chapter to submit to a mental examination,	51260
physical examination, including an HIV test, or both a mental and	51261
a physical examination. The expense of the examination is the	51262
responsibility of the individual compelled to be examined. Failure	51263
to submit to a mental or physical examination or consent to an HIV	51264
test ordered by the board constitutes an admission of the	51265
allegations against the individual unless the failure is due to	51266
circumstances beyond the individual's control, and a default and	51267
final order may be entered without the taking of testimony or	51268
presentation of evidence. If the board finds an individual unable	51269
to practice because of the reasons set forth in this division, the	51270
board shall require the individual to submit to care, counseling,	51271
or treatment by physicians approved or designated by the board, as	51272
a condition for initial, continued, reinstated, or renewed	51273
authority to practice. An individual affected under this division	51274
shall be afforded an opportunity to demonstrate to the board the	51275
ability to resume practice in compliance with acceptable and	51276
prevailing standards under the provisions of the individual's	51277
certificate. For the purpose of this division, any individual who	51278
applies for or receives a certificate to practice under this	51279
chapter accepts the privilege of practicing in this state and, by	51280
so doing, shall be deemed to have given consent to submit to a	51281
mental or physical examination when directed to do so in writing	51282
by the board, and to have waived all objections to the	51283
admissibility of testimony or examination reports that constitute	51284
a privileged communication.	51285

(20) Except when civil penalties are imposed under section	51286
4731.225 or 4731.281 of the Revised Code, and subject to section	51287
4731.226 of the Revised Code, violating or attempting to violate,	51288
directly or indirectly, or assisting in or abetting the violation	51289
of, or conspiring to violate, any provisions of this chapter or	51290
any rule promulgated by the board.	51291

This division does not apply to a violation or attempted	51292
violation of, assisting in or abetting the violation of, or a	51293
conspiracy to violate, any provision of this chapter or any rule	51294
adopted by the board that would preclude the making of a report by	51295
a physician of an employee's use of a drug of abuse, or of a	51296
condition of an employee other than one involving the use of a	51297
drug of abuse, to the employer of the employee as described in	51298
division (B) of section 2305.33 of the Revised Code. Nothing in	51299
this division affects the immunity from civil liability conferred	51300
by that section upon a physician who makes either type of report	51301
in accordance with division (B) of that section. As used in this	51302
division, "employee," "employer," and "physician" have the same	51303
meanings as in section 2305.33 of the Revised Code.	51304

(21) The violation of section 3701.79 of the Revised Code or	51305
of any abortion rule adopted by the ~~public~~director of health	51306
~~council~~ pursuant to section 3701.341 of the Revised Code;	51307

(22) Any of the following actions taken by an agency	51308
responsible for authorizing, certifying, or regulating an	51309
individual to practice a health care occupation or provide health	51310
care services in this state or another jurisdiction, for any	51311
reason other than the nonpayment of fees: the limitation,	51312
revocation, or suspension of an individual's license to practice;	51313
acceptance of an individual's license surrender; denial of a	51314
license; refusal to renew or reinstate a license; imposition of	51315
probation; or issuance of an order of censure or other reprimand;	51316

(23) The violation of section 2919.12 of the Revised Code or	51317
the performance or inducement of an abortion upon a pregnant woman	51318
with actual knowledge that the conditions specified in division	51319
(B) of section 2317.56 of the Revised Code have not been satisfied	51320
or with a heedless indifference as to whether those conditions	51321
have been satisfied, unless an affirmative defense as specified in	51322
division (H)(2) of that section would apply in a civil action	51323
authorized by division (H)(1) of that section;	51324

(24) The revocation, suspension, restriction, reduction, or	51325
termination of clinical privileges by the United States department	51326
of defense or department of veterans affairs or the termination or	51327
suspension of a certificate of registration to prescribe drugs by	51328
the drug enforcement administration of the United States	51329
department of justice;	51330

(25) Termination or suspension from participation in the	51331
medicare or medicaid programs by the department of health and	51332
human services or other responsible agency for any act or acts	51333
that also would constitute a violation of division (B)(2), (3),	51334
(6), (8), or (19) of this section;	51335

(26) Impairment of ability to practice according to	51336
acceptable and prevailing standards of care because of habitual or	51337
excessive use or abuse of drugs, alcohol, or other substances that	51338
impair ability to practice.	51339

For the purposes of this division, any individual authorized	51340
to practice by this chapter accepts the privilege of practicing in	51341
this state subject to supervision by the board. By filing an	51342
application for or holding a certificate to practice under this	51343
chapter, an individual shall be deemed to have given consent to	51344
submit to a mental or physical examination when ordered to do so	51345
by the board in writing, and to have waived all objections to the	51346
admissibility of testimony or examination reports that constitute	51347
privileged communications.	51348

If it has reason to believe that any individual authorized to	51349
practice by this chapter or any applicant for certification to	51350
practice suffers such impairment, the board may compel the	51351
individual to submit to a mental or physical examination, or both.	51352
The expense of the examination is the responsibility of the	51353
individual compelled to be examined. Any mental or physical	51354
examination required under this division shall be undertaken by a	51355
treatment provider or physician who is qualified to conduct the	51356
examination and who is chosen by the board.	51357

Failure to submit to a mental or physical examination ordered	51358
by the board constitutes an admission of the allegations against	51359
the individual unless the failure is due to circumstances beyond	51360
the individual's control, and a default and final order may be	51361
entered without the taking of testimony or presentation of	51362
evidence. If the board determines that the individual's ability to	51363
practice is impaired, the board shall suspend the individual's	51364
certificate or deny the individual's application and shall require	51365
the individual, as a condition for initial, continued, reinstated,	51366
or renewed certification to practice, to submit to treatment.	51367

Before being eligible to apply for reinstatement of a	51368
certificate suspended under this division, the impaired	51369
practitioner shall demonstrate to the board the ability to resume	51370
practice in compliance with acceptable and prevailing standards of	51371
care under the provisions of the practitioner's certificate. The	51372
demonstration shall include, but shall not be limited to, the	51373
following:	51374

(a) Certification from a treatment provider approved under	51375
section 4731.25 of the Revised Code that the individual has	51376
successfully completed any required inpatient treatment;	51377

(b) Evidence of continuing full compliance with an aftercare	51378
contract or consent agreement;	51379

(c) Two written reports indicating that the individual's	51380
ability to practice has been assessed and that the individual has	51381
been found capable of practicing according to acceptable and	51382
prevailing standards of care. The reports shall be made by	51383
individuals or providers approved by the board for making the	51384
assessments and shall describe the basis for their determination.	51385

The board may reinstate a certificate suspended under this	51386
division after that demonstration and after the individual has	51387
entered into a written consent agreement.	51388

When the impaired practitioner resumes practice, the board	51389
shall require continued monitoring of the individual. The	51390
monitoring shall include, but not be limited to, compliance with	51391
the written consent agreement entered into before reinstatement or	51392
with conditions imposed by board order after a hearing, and, upon	51393
termination of the consent agreement, submission to the board for	51394
at least two years of annual written progress reports made under	51395
penalty of perjury stating whether the individual has maintained	51396
sobriety.	51397

(27) A second or subsequent violation of section 4731.66 or	51398
4731.69 of the Revised Code;	51399

(28) Except as provided in division (N) of this section:

51400

(a) Waiving the payment of all or any part of a deductible or	51401
copayment that a patient, pursuant to a health insurance or health	51402
care policy, contract, or plan that covers the individual's	51403
services, otherwise would be required to pay if the waiver is used	51404
as an enticement to a patient or group of patients to receive	51405
health care services from that individual;	51406

(b) Advertising that the individual will waive the payment of	51407
all or any part of a deductible or copayment that a patient,	51408
pursuant to a health insurance or health care policy, contract, or	51409
plan that covers the individual's services, otherwise would be	51410
required to pay.	51411

(29) Failure to use universal blood and body fluid	51412
precautions established by rules adopted under section 4731.051 of	51413
the Revised Code;	51414

(30) Failure to provide notice to, and receive acknowledgment	51415
of the notice from, a patient when required by section 4731.143 of	51416
the Revised Code prior to providing nonemergency professional	51417
services, or failure to maintain that notice in the patient's	51418
file;	51419

(31) Failure of a physician supervising a physician assistant	51420
to maintain supervision in accordance with the requirements of	51421
Chapter 4730. of the Revised Code and the rules adopted under that	51422
chapter;	51423

(32) Failure of a physician or podiatrist to enter into a	51424
standard care arrangement with a clinical nurse specialist,	51425
certified nurse-midwife, or certified nurse practitioner with whom	51426
the physician or podiatrist is in collaboration pursuant to	51427
section 4731.27 of the Revised Code or failure to fulfill the	51428
responsibilities of collaboration after entering into a standard	51429
care arrangement;	51430

(33) Failure to comply with the terms of a consult agreement	51431
entered into with a pharmacist pursuant to section 4729.39 of the	51432
Revised Code;	51433

(34) Failure to cooperate in an investigation conducted by	51434
the board under division (F) of this section, including failure to	51435
comply with a subpoena or order issued by the board or failure to	51436
answer truthfully a question presented by the board at a	51437
deposition or in written interrogatories, except that failure to	51438
cooperate with an investigation shall not constitute grounds for	51439
discipline under this section if a court of competent jurisdiction	51440
has issued an order that either quashes a subpoena or permits the	51441
individual to withhold the testimony or evidence in issue;	51442

(35) Failure to supervise an acupuncturist in accordance with	51443
Chapter 4762. of the Revised Code and the board's rules for	51444
supervision of an acupuncturist;	51445

(36) Failure to supervise an anesthesiologist assistant in	51446
accordance with Chapter 4760. of the Revised Code and the board's	51447
rules for supervision of an anesthesiologist assistant;	51448

(37) Assisting suicide as defined in section 3795.01 of the	51449
Revised Code;	51450

(38) Failure to comply with the requirements of section	51451
2317.561 of the Revised Code;	51452

(39) Failure to supervise a radiologist assistant in	51453
accordance with Chapter 4774. of the Revised Code and the board's	51454
rules for supervision of radiologist assistants;	51455

(40) Performing or inducing an abortion at an office or	51456
facility with knowledge that the office or facility fails to post	51457
the notice required under section 3701.791 of the Revised Code;	51458

(41) Failure to comply with the standards and procedures	51459
established in rules under section 4731.054 of the Revised Code	51460
for the operation of or the provision of care at a pain management	51461
clinic;	51462

(42) Failure to comply with the standards and procedures	51463
established in rules under section 4731.054 of the Revised Code	51464
for providing supervision, direction, and control of individuals	51465
at a pain management clinic;	51466

(43) Failure to comply with the requirements of section	51467
4729.79 of the Revised Code, unless the state board of pharmacy no	51468
longer maintains a drug database pursuant to section 4729.75 of	51469
the Revised Code;	51470

~~(41)~~(44) Failure to comply with the requirements of section	51471
2919.171 of the Revised Code or failure to submit to the	51472
department of health in accordance with a court order a complete	51473
report as described in section 2919.171 of the Revised Code.	51474

(C) Disciplinary actions taken by the board under divisions	51475
(A) and (B) of this section shall be taken pursuant to an	51476
adjudication under Chapter 119. of the Revised Code, except that	51477
in lieu of an adjudication, the board may enter into a consent	51478
agreement with an individual to resolve an allegation of a	51479
violation of this chapter or any rule adopted under it. A consent	51480
agreement, when ratified by an affirmative vote of not fewer than	51481
six members of the board, shall constitute the findings and order	51482
of the board with respect to the matter addressed in the	51483
agreement. If the board refuses to ratify a consent agreement, the	51484
admissions and findings contained in the consent agreement shall	51485
be of no force or effect.	51486

A telephone conference call may be utilized for ratification	51487
of a consent agreement that revokes or suspends an individual's	51488
certificate to practice. The telephone conference call shall be	51489
considered a special meeting under division (F) of section 121.22	51490
of the Revised Code.	51491

If the board takes disciplinary action against an individual	51492
under division (B) of this section for a second or subsequent plea	51493
of guilty to, or judicial finding of guilt of, a violation of	51494
section 2919.123 of the Revised Code, the disciplinary action	51495
shall consist of a suspension of the individual's certificate to	51496
practice for a period of at least one year or, if determined	51497
appropriate by the board, a more serious sanction involving the	51498
individual's certificate to practice. Any consent agreement	51499
entered into under this division with an individual that pertains	51500
to a second or subsequent plea of guilty to, or judicial finding	51501
of guilt of, a violation of that section shall provide for a	51502
suspension of the individual's certificate to practice for a	51503
period of at least one year or, if determined appropriate by the	51504
board, a more serious sanction involving the individual's	51505
certificate to practice.	51506

(D) For purposes of divisions (B)(10), (12), and (14) of this	51507
section, the commission of the act may be established by a finding	51508
by the board, pursuant to an adjudication under Chapter 119. of	51509
the Revised Code, that the individual committed the act. The board	51510
does not have jurisdiction under those divisions if the trial	51511
court renders a final judgment in the individual's favor and that	51512
judgment is based upon an adjudication on the merits. The board	51513
has jurisdiction under those divisions if the trial court issues	51514
an order of dismissal upon technical or procedural grounds.	51515

(E) The sealing of conviction records by any court shall have	51516
no effect upon a prior board order entered under this section or	51517
upon the board's jurisdiction to take action under this section	51518
if, based upon a plea of guilty, a judicial finding of guilt, or a	51519
judicial finding of eligibility for intervention in lieu of	51520
conviction, the board issued a notice of opportunity for a hearing	51521
prior to the court's order to seal the records. The board shall	51522
not be required to seal, destroy, redact, or otherwise modify its	51523
records to reflect the court's sealing of conviction records.	51524

(F)(1) The board shall investigate evidence that appears to	51525
show that a person has violated any provision of this chapter or	51526
any rule adopted under it. Any person may report to the board in a	51527
signed writing any information that the person may have that	51528
appears to show a violation of any provision of this chapter or	51529
any rule adopted under it. In the absence of bad faith, any person	51530
who reports information of that nature or who testifies before the	51531
board in any adjudication conducted under Chapter 119. of the	51532
Revised Code shall not be liable in damages in a civil action as a	51533
result of the report or testimony. Each complaint or allegation of	51534
a violation received by the board shall be assigned a case number	51535
and shall be recorded by the board.	51536

(2) Investigations of alleged violations of this chapter or	51537
any rule adopted under it shall be supervised by the supervising	51538
member elected by the board in accordance with section 4731.02 of	51539
the Revised Code and by the secretary as provided in section	51540
4731.39 of the Revised Code. The president may designate another	51541
member of the board to supervise the investigation in place of the	51542
supervising member. No member of the board who supervises the	51543
investigation of a case shall participate in further adjudication	51544
of the case.	51545

(3) In investigating a possible violation of this chapter or	51546
any rule adopted under this chapter, the board may administer	51547
oaths, order the taking of depositions, inspect and copy any	51548
books, accounts, papers, records, or documents, issue subpoenas,	51549
and compel the attendance of witnesses and production of books,	51550
accounts, papers, records, documents, and testimony, except that a	51551
subpoena for patient record information shall not be issued	51552
without consultation with the attorney general's office and	51553
approval of the secretary and supervising member of the board.	51554
Before issuance of a subpoena for patient record information, the	51555
secretary and supervising member shall determine whether there is	51556
probable cause to believe that the complaint filed alleges a	51557
violation of this chapter or any rule adopted under it and that	51558
the records sought are relevant to the alleged violation and	51559
material to the investigation. The subpoena may apply only to	51560
records that cover a reasonable period of time surrounding the	51561
alleged violation.	51562

On failure to comply with any subpoena issued by the board	51563
and after reasonable notice to the person being subpoenaed, the	51564
board may move for an order compelling the production of persons	51565
or records pursuant to the Rules of Civil Procedure.	51566

A subpoena issued by the board may be served by a sheriff,	51567
the sheriff's deputy, or a board employee designated by the board.	51568
Service of a subpoena issued by the board may be made by	51569
delivering a copy of the subpoena to the person named therein,	51570
reading it to the person, or leaving it at the person's usual	51571
place of residence. When the person being served is a person whose	51572
practice is authorized by this chapter, service of the subpoena	51573
may be made by certified mail, restricted delivery, return receipt	51574
requested, and the subpoena shall be deemed served on the date	51575
delivery is made or the date the person refuses to accept	51576
delivery.	51577

A sheriff's deputy who serves a subpoena shall receive the	51578
same fees as a sheriff. Each witness who appears before the board	51579
in obedience to a subpoena shall receive the fees and mileage	51580
provided for under section 119.094 of the Revised Code.	51581

(4) All hearings and investigations of the board shall be	51582
considered civil actions for the purposes of section 2305.252 of	51583
the Revised Code.	51584

(5) Information received by the board pursuant to an	51585
investigation is confidential and not subject to discovery in any	51586
civil action.	51587

The board shall conduct all investigations and proceedings in	51588
a manner that protects the confidentiality of patients and persons	51589
who file complaints with the board. The board shall not make	51590
public the names or any other identifying information about	51591
patients or complainants unless proper consent is given or, in the	51592
case of a patient, a waiver of the patient privilege exists under	51593
division (B) of section 2317.02 of the Revised Code, except that	51594
consent or a waiver of that nature is not required if the board	51595
possesses reliable and substantial evidence that no bona fide	51596
physician-patient relationship exists.	51597

The board may share any information it receives pursuant to	51598
an investigation, including patient records and patient record	51599
information, with law enforcement agencies, other licensing	51600
boards, and other governmental agencies that are prosecuting,	51601
adjudicating, or investigating alleged violations of statutes or	51602
administrative rules. An agency or board that receives the	51603
information shall comply with the same requirements regarding	51604
confidentiality as those with which the state medical board must	51605
comply, notwithstanding any conflicting provision of the Revised	51606
Code or procedure of the agency or board that applies when it is	51607
dealing with other information in its possession. In a judicial	51608
proceeding, the information may be admitted into evidence only in	51609
accordance with the Rules of Evidence, but the court shall require	51610
that appropriate measures are taken to ensure that confidentiality	51611
is maintained with respect to any part of the information that	51612
contains names or other identifying information about patients or	51613
complainants whose confidentiality was protected by the state	51614
medical board when the information was in the board's possession.	51615
Measures to ensure confidentiality that may be taken by the court	51616
include sealing its records or deleting specific information from	51617
its records.	51618

(6) On a quarterly basis, the board shall prepare a report	51619
that documents the disposition of all cases during the preceding	51620
three months. The report shall contain the following information	51621
for each case with which the board has completed its activities:	51622

(a) The case number assigned to the complaint or alleged	51623
violation;	51624

(b) The type of certificate to practice, if any, held by the	51625
individual against whom the complaint is directed;	51626

(c) A description of the allegations contained in the	51627
complaint;	51628

(d) The disposition of the case.

51629

The report shall state how many cases are still pending and	51630
shall be prepared in a manner that protects the identity of each	51631
person involved in each case. The report shall be a public record	51632
under section 149.43 of the Revised Code.	51633

(G) If the secretary and supervising member determine both of	51634
the following, they may recommend that the board suspend an	51635
individual's certificate to practice without a prior hearing:	51636

(1) That there is clear and convincing evidence that an	51637
individual has violated division (B) of this section;	51638

(2) That the individual's continued practice presents a	51639
danger of immediate and serious harm to the public.	51640

Written allegations shall be prepared for consideration by	51641
the board. The board, upon review of those allegations and by an	51642
affirmative vote of not fewer than six of its members, excluding	51643
the secretary and supervising member, may suspend a certificate	51644
without a prior hearing. A telephone conference call may be	51645
utilized for reviewing the allegations and taking the vote on the	51646
summary suspension.	51647

The board shall issue a written order of suspension by	51648
certified mail or in person in accordance with section 119.07 of	51649
the Revised Code. The order shall not be subject to suspension by	51650
the court during pendency of any appeal filed under section 119.12	51651
of the Revised Code. If the individual subject to the summary	51652
suspension requests an adjudicatory hearing by the board, the date	51653
set for the hearing shall be within fifteen days, but not earlier	51654
than seven days, after the individual requests the hearing, unless	51655
otherwise agreed to by both the board and the individual.	51656

Any summary suspension imposed under this division shall	51657
remain in effect, unless reversed on appeal, until a final	51658
adjudicative order issued by the board pursuant to this section	51659
and Chapter 119. of the Revised Code becomes effective. The board	51660
shall issue its final adjudicative order within seventy-five days	51661
after completion of its hearing. A failure to issue the order	51662
within seventy-five days shall result in dissolution of the	51663
summary suspension order but shall not invalidate any subsequent,	51664
final adjudicative order.	51665

(H) If the board takes action under division (B)(9), (11), or	51666
(13) of this section and the judicial finding of guilt, guilty	51667
plea, or judicial finding of eligibility for intervention in lieu	51668
of conviction is overturned on appeal, upon exhaustion of the	51669
criminal appeal, a petition for reconsideration of the order may	51670
be filed with the board along with appropriate court documents.	51671
Upon receipt of a petition of that nature and supporting court	51672
documents, the board shall reinstate the individual's certificate	51673
to practice. The board may then hold an adjudication under Chapter	51674
119. of the Revised Code to determine whether the individual	51675
committed the act in question. Notice of an opportunity for a	51676
hearing shall be given in accordance with Chapter 119. of the	51677
Revised Code. If the board finds, pursuant to an adjudication held	51678
under this division, that the individual committed the act or if	51679
no hearing is requested, the board may order any of the sanctions	51680
identified under division (B) of this section.	51681

(I) The certificate to practice issued to an individual under	51682
this chapter and the individual's practice in this state are	51683
automatically suspended as of the date of the individual's second	51684
or subsequent plea of guilty to, or judicial finding of guilt of,	51685
a violation of section 2919.123 of the Revised Code, or the date	51686
the individual pleads guilty to, is found by a judge or jury to be	51687
guilty of, or is subject to a judicial finding of eligibility for	51688
intervention in lieu of conviction in this state or treatment or	51689
intervention in lieu of conviction in another jurisdiction for any	51690
of the following criminal offenses in this state or a	51691
substantially equivalent criminal offense in another jurisdiction:	51692
aggravated murder, murder, voluntary manslaughter, felonious	51693
assault, kidnapping, rape, sexual battery, gross sexual	51694
imposition, aggravated arson, aggravated robbery, or aggravated	51695
burglary. Continued practice after suspension shall be considered	51696
practicing without a certificate.	51697

The board shall notify the individual subject to the	51698
suspension by certified mail or in person in accordance with	51699
section 119.07 of the Revised Code. If an individual whose	51700
certificate is automatically suspended under this division fails	51701
to make a timely request for an adjudication under Chapter 119. of	51702
the Revised Code, the board shall do whichever of the following is	51703
applicable:	51704

(1) If the automatic suspension under this division is for a	51705
second or subsequent plea of guilty to, or judicial finding of	51706
guilt of, a violation of section 2919.123 of the Revised Code, the	51707
board shall enter an order suspending the individual's certificate	51708
to practice for a period of at least one year or, if determined	51709
appropriate by the board, imposing a more serious sanction	51710
involving the individual's certificate to practice.	51711

(2) In all circumstances in which division (I)(1) of this	51712
section does not apply, enter a final order permanently revoking	51713
the individual's certificate to practice.	51714

(J) If the board is required by Chapter 119. of the Revised	51715
Code to give notice of an opportunity for a hearing and if the	51716
individual subject to the notice does not timely request a hearing	51717
in accordance with section 119.07 of the Revised Code, the board	51718
is not required to hold a hearing, but may adopt, by an	51719
affirmative vote of not fewer than six of its members, a final	51720
order that contains the board's findings. In that final order, the	51721
board may order any of the sanctions identified under division (A)	51722
or (B) of this section.	51723

(K) Any action taken by the board under division (B) of this	51724
section resulting in a suspension from practice shall be	51725
accompanied by a written statement of the conditions under which	51726
the individual's certificate to practice may be reinstated. The	51727
board shall adopt rules governing conditions to be imposed for	51728
reinstatement. Reinstatement of a certificate suspended pursuant	51729
to division (B) of this section requires an affirmative vote of	51730
not fewer than six members of the board.	51731

(L) When the board refuses to grant a certificate to an	51732
applicant, revokes an individual's certificate to practice,	51733
refuses to register an applicant, or refuses to reinstate an	51734
individual's certificate to practice, the board may specify that	51735
its action is permanent. An individual subject to a permanent	51736
action taken by the board is forever thereafter ineligible to hold	51737
a certificate to practice and the board shall not accept an	51738
application for reinstatement of the certificate or for issuance	51739
of a new certificate.	51740

(M) Notwithstanding any other provision of the Revised Code,	51741
all of the following apply:	51742

(1) The surrender of a certificate issued under this chapter	51743
shall not be effective unless or until accepted by the board. A	51744
telephone conference call may be utilized for acceptance of the	51745
surrender of an individual's certificate to practice. The	51746
telephone conference call shall be considered a special meeting	51747
under division (F) of section 121.22 of the Revised Code.	51748
Reinstatement of a certificate surrendered to the board requires	51749
an affirmative vote of not fewer than six members of the board.	51750

(2) An application for a certificate made under the	51751
provisions of this chapter may not be withdrawn without approval	51752
of the board.	51753

(3) Failure by an individual to renew a certificate of	51754
registration in accordance with this chapter shall not remove or	51755
limit the board's jurisdiction to take any disciplinary action	51756
under this section against the individual.	51757

(N) Sanctions shall not be imposed under division (B)(28) of	51758
this section against any person who waives deductibles and	51759
copayments as follows:	51760

(1) In compliance with the health benefit plan that expressly	51761
allows such a practice. Waiver of the deductibles or copayments	51762
shall be made only with the full knowledge and consent of the plan	51763
purchaser, payer, and third-party administrator. Documentation of	51764
the consent shall be made available to the board upon request.	51765

(2) For professional services rendered to any other person	51766
authorized to practice pursuant to this chapter, to the extent	51767
allowed by this chapter and rules adopted by the board.	51768

(O) Under the board's investigative duties described in this	51769
section and subject to division (F) of this section, the board	51770
shall develop and implement a quality intervention program	51771
designed to improve through remedial education the clinical and	51772
communication skills of individuals authorized under this chapter	51773
to practice medicine and surgery, osteopathic medicine and	51774
surgery, and podiatric medicine and surgery. In developing and	51775
implementing the quality intervention program, the board may do	51776
all of the following:	51777

(1) Offer in appropriate cases as determined by the board an	51778
educational and assessment program pursuant to an investigation	51779
the board conducts under this section;	51780

(2) Select providers of educational and assessment services,	51781
including a quality intervention program panel of case reviewers;	51782

(3) Make referrals to educational and assessment service	51783
providers and approve individual educational programs recommended	51784
by those providers. The board shall monitor the progress of each	51785
individual undertaking a recommended individual educational	51786
program.	51787

(4) Determine what constitutes successful completion of an	51788
individual educational program and require further monitoring of	51789
the individual who completed the program or other action that the	51790
board determines to be appropriate;	51791

(5) Adopt rules in accordance with Chapter 119. of the	51792
Revised Code to further implement the quality intervention	51793
program.	51794

An individual who participates in an individual educational	51795
program pursuant to this division shall pay the financial	51796
obligations arising from that educational program.	51797

Sec. 4731.297. (A) As used in this section:

51798

(1) "Academic medical center" means a medical school and its	51799
affiliated teaching hospitals and clinics partnering to do all of	51800
the following:	51801

(a) Provide the highest quality of patient care from expert	51802
physicians;	51803

(b) Conduct groundbreaking research leading to medical	51804
advancements for current and future patients;	51805

(c) Provide medical education and graduate medical education	51806
to educate and train physicians.	51807

(2) "Affiliated physician group practice" means a medical	51808
practice that consists of one or more physicians authorized under	51809
this chapter to practice medicine and surgery or osteopathic	51810
medicine and surgery and that is affiliated with an academic	51811
medical center to further the objectives described in divisions	51812
(A)(1)(a) to (c) of this section.	51813

(B) The state medical board shall issue, without examination,	51814
to an applicant who meets the requirements of this section a	51815
certificate of conceded eminence authorizing the practice of	51816
medicine and surgery or osteopathic medicine and surgery as part	51817
of the applicant's employment with an academic medical center in	51818
this state or affiliated physician group practice in this state.	51819

(C) To be eligible for a certificate of conceded eminence, an	51820
applicant shall provide to the board all of the following:	51821

(1) Evidence satisfactory to the board of all of the	51822
following:	51823

(a) That the applicant is an international medical graduate	51824
who holds a medical degree from an educational institution listed	51825
in the international medical education directory;	51826

(b) That the applicant has been appointed to serve in this	51827
state as a full-time faculty member of a medical school accredited	51828
by the liaison committee on medical education or an osteopathic	51829
medical school accredited by the American osteopathic association;	51830

(c) That the applicant has accepted an offer of employment	51831
with an academic medical center in this state or affiliated	51832
physician group practice in this state;	51833

(d) That the applicant holds a license in good standing in	51834
another state or country authorizing the practice of medicine and	51835
surgery or osteopathic medicine and surgery;	51836

(e) That the applicant has unique talents and extraordinary	51837
abilities not generally found within the applicant's specialty, as	51838
demonstrated by satisfying at least four of the following:	51839

(i) The applicant has achieved educational qualifications	51840
beyond those that are required for entry into the applicant's	51841
specialty, including advanced degrees, special certifications, or	51842
other academic credentials.	51843

(ii) The applicant has written multiple articles in journals	51844
listed in the index medicus or an equivalent scholarly publication	51845
acceptable to the board.	51846

(iii) The applicant has a sustained record of excellence in	51847
original research, at least some of which involves serving as the	51848
principal investigator or co-principal investigator for a research	51849
project.	51850

(iv) The applicant has received nationally or internationally	51851
recognized prizes or awards for excellence.	51852

(v) The applicant has participated in peer review in a field	51853
of specialization that is the same as or similar to the	51854
applicant's specialty.	51855

(vi) The applicant has developed new procedures or treatments	51856
for complex medical problems that are recognized by peers as a	51857
significant advancement in the applicable field of medicine.	51858

(vii) The applicant has held previous academic appointments	51859
with or been employed by a health care organization that has a	51860
distinguished national or international reputation.	51861

(viii) The applicant has been the recipient of a national	51862
institutes of health or other competitive grant award.	51863

(f) That the applicant has received staff membership or	51864
professional privileges from the academic medical center pursuant	51865
to standards adopted under section 3701.351 of the Revised Code on	51866
a basis that requires the applicant's medical education and	51867
graduate medical education to be at least equivalent to that of a	51868
physician educated and trained in the United States;	51869

(g) That the applicant has sufficient written and oral	51870
English skills to communicate effectively and reliably with	51871
patients, their families, and other medical professionals;	51872

(h) That the applicant will have professional liability	51873
insurance through the applicant's employment with the academic	51874
medical center or affiliated physician group practice.	51875

(2) An affidavit from the applicant agreeing to practice only	51876
within the clinical setting of the academic medical center;	51877

(3) Three letters of reference from distinguished experts in	51878
the applicant's specialty attesting to the unique capabilities of	51879
the applicant, at least one of which must be from outside the	51880
academic medical center or affiliated physician group practice;	51881

(4) An affidavit from the dean of the medical school where	51882
the applicant has been appointed to serve as a faculty member	51883
stating that the applicant meets all of the requirements of	51884
division (C)(1) of this section and that the letters of reference	51885
submitted under division (C)(3) of this section are from	51886
distinguished experts in the applicant's specialty, and	51887
documentation to support the affidavit;	51888

(5) A fee of one thousand dollars for the certificate.

51889

(D)(1) The holder of a certificate of conceded eminence may	51890
practice medicine and surgery or osteopathic medicine and surgery	51891
only within the clinical setting of the academic medical center	51892
with which the certificate holder is employed.	51893

(2) A certificate holder may supervise medical students,	51894
physicians participating in graduate medical education, advanced	51895
practice nurses, and physician assistants when performing clinical	51896
services in the certificate holder's area of specialty.	51897

(E) The board may revoke a certificate issued under this	51898
section on receiving proof satisfactory to the board that the	51899
certificate holder has engaged in practice in this state outside	51900
the scope of the certificate or that there are grounds for action	51901
against the certificate holder under section 4731.22 of the	51902
Revised Code.	51903

(F) A certificate of conceded eminence is valid for the	51904
shorter of two years or the duration of the certificate holder's	51905
employment with the academic medical center or affiliated	51906
physician group practice. The certificate ceases to be valid if	51907
the holder resigns or is otherwiseterminated from the academic	51908
medical center or affiliated physician group practice.	51909

(G) A certificate of conceded eminence may be renewed for an	51910
additional two-year period. There is no limit on the number of	51911
times a certificate may be renewed. A person seeking renewal of a	51912
certificate shall apply to the board and is eligible for renewal	51913
if the applicant does all of the following:	51914

(1) Pays the renewal fee of one thousand dollars;

51915

(2) Provides to the board an affidavit and supporting	51916
documentation from the academic medical center or affiliated	51917
physician group practice of all of the following:	51918

(a) That the applicant's initial appointment to the medical	51919
faculty is still valid or has been renewed;	51920

(b) That the applicant's clinical practice is consistent with	51921
the established standards in the field;	51922

(c) That the applicant has demonstrated continued scholarly	51923
achievement;	51924

(d) That the applicant has demonstrated continued	51925
professional achievement consistent with the academic medical	51926
center's requirements, established pursuant to standards adopted	51927
under section 3701.351 of the Revised Code, for physicians with	51928
staff membership or professional privileges with the academic	51929
medical center.	51930

(3) Satisfies the same continuing medical education	51931
requirements set forth in section 4731.281 of the Revised Code	51932
that apply to a person who holds a certificate to practice	51933
medicine and surgery or osteopathic medicine and surgery issued	51934
under this chapter.	51935

(4) Complies with any other requirements established by the	51936
board.	51937

(H) The board may adopt any rules it considers necessary to	51938
implement this section. The rules shall be adopted in accordance	51939
with Chapter 119. of the Revised Code.	51940

Sec. 4735.01. As used in this chapter:

51941

(A) "Real estate broker" includes any person, partnership,	51942
association, limited liability company, limited liability	51943
partnership, or corporation, foreign or domestic, who for another,	51944
whether pursuant to a power of attorney or otherwise, and who for	51945
a fee, commission, or other valuable consideration, or with the	51946
intention, or in the expectation, or upon the promise of receiving	51947
or collecting a fee, commission, or other valuable consideration	51948
does any of the following:	51949

(1) Sells, exchanges, purchases, rents, or leases, or	51950
negotiates the sale, exchange, purchase, rental, or leasing of any	51951
real estate;	51952

(2) Offers, attempts, or agrees to negotiate the sale,	51953
exchange, purchase, rental, or leasing of any real estate;	51954

(3) Lists, or offers, attempts, or agrees to list, or	51955
auctions, or offers, attempts, or agrees to auction, any real	51956
estate;	51957

(4) Buys or offers to buy, sells or offers to sell, or	51958
otherwise deals in options on real estate;	51959

(5) Operates, manages, or rents, or offers or attempts to	51960
operate, manage, or rent, other than as custodian, caretaker, or	51961
janitor, any building or portions of buildings to the public as	51962
tenants;	51963

(6) Advertises or holds self out as engaged in the business	51964
of selling, exchanging, purchasing, renting, or leasing real	51965
estate;	51966

(7) Directs or assists in the procuring of prospects or the	51967
negotiation of any transaction, other than mortgage financing,	51968
which does or is calculated to result in the sale, exchange,	51969
leasing, or renting of any real estate;	51970

(8) Is engaged in the business of charging an advance fee or	51971
contracting for collection of a fee in connection with any	51972
contract whereby the broker undertakes primarily to promote the	51973
sale, exchange, purchase, rental, or leasing of real estate	51974
through its listing in a publication issued primarily for such	51975
purpose, or for referral of information concerning such real	51976
estate to brokers, or both, except that this division does not	51977
apply to a publisher of listings or compilations of sales of real	51978
estate by their owners;	51979

(9) Collects rental information for purposes of referring	51980
prospective tenants to rental units or locations of such units and	51981
charges the prospective tenants a fee.	51982

(B) "Real estate" includes leaseholds as well as any and	51983
every interest or estate in land situated in this state, whether	51984
corporeal or incorporeal, whether freehold or nonfreehold, and the	51985
improvements on the land, but does not include cemetery interment	51986
rights.	51987

(C) "Real estate salesperson" means any person associated	51988
with a licensed real estate broker to do or to deal in any acts or	51989
transactions set out or comprehended by the definition of a real	51990
estate broker, for compensation or otherwise.	51991

(D) "Institution of higher education" means either of the	51992
following:	51993

(1) A nonprofit institution as defined in section 1713.01 of	51994
the Revised Code that actually awards, rather than intends to	51995
award, degrees for fulfilling requirements of academic work beyond	51996
high school;	51997

(2) An institution operated for profit that otherwise	51998
qualifies under the definition of an institution in section	51999
1713.01 of the Revised Code and that actually awards, rather than	52000
intends to award, degrees for fulfilling requirements of academic	52001
work beyond high school.	52002

(E) "Foreign real estate" means real estate not situated in	52003
this state and any interest in real estate not situated in this	52004
state.	52005

(F) "Foreign real estate dealer" includes any person,	52006
partnership, association, limited liability company, limited	52007
liability partnership, or corporation, foreign or domestic, who	52008
for another, whether pursuant to a power of attorney or otherwise,	52009
and who for a fee, commission, or other valuable consideration, or	52010
with the intention, or in the expectation, or upon the promise of	52011
receiving or collecting a fee, commission, or other valuable	52012
consideration, does or deals in any act or transaction specified	52013
or comprehended in division (A) of this section with respect to	52014
foreign real estate.	52015

(G) "Foreign real estate salesperson" means any person	52016
associated with a licensed foreign real estate dealer to do or	52017
deal in any act or transaction specified or comprehended in	52018
division (A) of this section with respect to foreign real estate,	52019
for compensation or otherwise.	52020

(H) Any person, partnership, association, limited liability	52021
company, limited liability partnership, or corporation, who, for	52022
another, in consideration of compensation, by fee, commission,	52023
salary, or otherwise, or with the intention, in the expectation,	52024
or upon the promise of receiving or collecting a fee, does, or	52025
offers, attempts, or agrees to engage in, any single act or	52026
transaction contained in the definition of a real estate broker,	52027
whether an act is an incidental part of a transaction, or the	52028
entire transaction, shall be constituted a real estate broker or	52029
real estate salesperson under this chapter.	52030

(I)(1) The terms "real estate broker," "real estate	52031
salesperson," "foreign real estate dealer," and "foreign real	52032
estate salesperson" do not include a person, partnership,	52033
association, limited liability company, limited liability	52034
partnership, or corporation, or the regular employees thereof, who	52035
perform any of the acts or transactions specified or comprehended	52036
in division (A) of this section, whether or not for, or with the	52037
intention, in expectation, or upon the promise of receiving or	52038
collecting a fee, commission, or other valuable consideration:	52039

(a) With reference to real estate situated in this state	52040
owned by such person, partnership, association, limited liability	52041
company, limited liability partnership, or corporation, or	52042
acquired on its own account in the regular course of, or as an	52043
incident to the management of the property and the investment in	52044
it;	52045

(b) As receiver or trustee in bankruptcy, as guardian,	52046
executor, administrator, trustee, assignee, commissioner, or any	52047
person doing the things mentioned in this section, under authority	52048
or appointment of, or incident to a proceeding in, any court, or	52049
as a bona fide public officer, or as executor, trustee, or other	52050
bona fide fiduciary under any trust agreement, deed of trust,	52051
will, or other instrument that has been executed in good faith	52052
creating a like bona fide fiduciary obligation;	52053

(c) As a public officer while performing the officer's	52054
official duties;	52055

(d) As an attorney at law in the performance of the	52056
attorney's duties;	52057

(e) As a person who engages in the brokering of the sale of	52058
business assets, not including the sale, lease, exchange, or	52059
assignment of any interest in real estate;	52060

(f) As a person who engages in the sale of manufactured homes	52061
as defined in division (C)(4) of section 3781.06 of the Revised	52062
Code, or of mobile homes as defined in division (O) of section	52063
4501.01 of the Revised Code, provided the sale does not include	52064
the negotiation, sale, lease, exchange, or assignment of any	52065
interest in real estate;	52066

(g) As a person who engages in the sale of commercial real	52067
estate pursuant to the requirements of section 4735.022 of the	52068
Revised Code.	52069

(2) A person, partnership, association, limited liability	52070
company, limited liability partnership, or corporation exempt	52071
under division (I)(1)(a) of this section shall be limited by the	52072
legal interest in the real estate held by that person or entity to	52073
performing any of the acts or transactions specified in or	52074
comprehended by division (A) of this section.	52075

(J) "Disabled licensee" means a person licensed pursuant to	52076
this chapter who is under a severe disability which is of such a	52077
nature as to prevent the person from being able to attend any	52078
instruction lasting at least three hours in duration.	52079

(K) "Division of real estate" may be used interchangeably	52080
with, and for all purposes has the same meaning as, "division of	52081
real estate and professional licensing."	52082

(L) "Superintendent" or "superintendent of real estate" means	52083
the superintendent of the division of real estate and professional	52084
licensing of this state. Whenever the division or superintendent	52085
of real estate is referred to or designated in any statute, rule,	52086
contract, or other document, the reference or designation shall be	52087
deemed to refer to the division or superintendent of real estate	52088
and professional licensing, as the case may be.	52089

(M) "Inactive license" means the license status in which a	52090
salesperson's license is in the possession of the division,	52091
renewed as required under this chapter or rules adopted under this	52092
chapter, and not associated with a real estate broker.	52093

(N) "Broker's license on deposit" means the license status in	52094
which a broker's license is in the possession of the division of	52095
real estate and professional licensing and renewed as required	52096
under this chapter or rules adopted under this chapter.	52097

(O) "Suspended license" means the license status that	52098
prohibits a licensee from providing services that require a	52099
license under this chapter for a specified interval of time.	52100

(P) "Reactivate" means the process prescribed by the	52101
superintendent of real estate and professional licensing to remove	52102
a license from an inactive, ~~voluntary hold,~~ suspended, or broker's	52103
license on deposit status to allow a licensee to provide services	52104
that require a license under this chapter.	52105

(Q) "Revoked" means the license status in which the license	52106
is void and not eligible for reactivation.	52107

(R) "Commercial real estate" means any parcel of real estate	52108
in this state other than real estate containing one to four	52109
residential units. "Commercial real estate" does not include	52110
single-family residential units such as condominiums, townhouses,	52111
manufactured homes, or homes in a subdivision when sold, leased,	52112
or otherwise conveyed on a unit-by-unit basis, even when those	52113
units are a part of a larger building or parcel of real estate	52114
containing more than four residential units.	52115

(S) "Out-of-state commercial broker" includes any person,	52116
partnership, association, limited liability company, limited	52117
liability partnership, or corporation that is licensed to do	52118
business as a real estate broker in a jurisdiction other than	52119
Ohio.	52120

(T) "Out-of-state commercial salesperson" includes any person	52121
affiliated with an out-of-state commercial broker who is not	52122
licensed as a real estate salesperson in Ohio.	52123

(U) "Exclusive right to sell or lease listing agreement"	52124
means an agency agreement between a seller and broker that meets	52125
the requirements of section 4735.55 of the Revised Code and does	52126
both of the following:	52127

(1) Grants the broker the exclusive right to represent the	52128
seller in the sale or lease of the seller's property;	52129

(2) Provides the broker will be compensated if the broker,	52130
the seller, or any other person or entity produces a purchaser or	52131
tenant in accordance with the terms specified in the listing	52132
agreement or if the property is sold or leased during the term of	52133
the listing agreement to anyone other than to specifically	52134
exempted persons or entities.	52135

(V) "Exclusive agency agreement" means an agency agreement	52136
between a seller and broker that meets the requirements of section	52137
4735.55 of the Revised Code and does both of the following:	52138

(1) Grants the broker the exclusive right to represent the	52139
seller in the sale or lease of the seller's property;	52140

(2) Provides the broker will be compensated if the broker or	52141
any other person or entity produces a purchaser or tenant in	52142
accordance with the terms specified in the listing agreement or if	52143
the property is sold or leased during the term of the listing	52144
agreement, unless the property is sold or leased solely through	52145
the efforts of the seller or to the specifically exempted persons	52146
or entities.	52147

(W) "Exclusive purchaser agency agreement" means an agency	52148
agreement between a purchaser and broker that meets the	52149
requirements of section 4735.55 of the Revised Code and does both	52150
of the following:	52151

(1) Grants the broker the exclusive right to represent the	52152
purchaser in the purchase or lease of property;	52153

(2) Provides the broker will be compensated in accordance	52154
with the terms specified in the exclusive agency agreement or if a	52155
property is purchased or leased by the purchaser during the term	52156
of the agency agreement unless the property is specifically	52157
exempted in the agency agreement.	52158

The agreement may authorize the broker to receive	52159
compensation from the seller or the seller's agent and may provide	52160
that the purchaser is not obligated to compensate the broker if	52161
the property is purchased or leased solely through the efforts of	52162
the purchaser.	52163

(X) "Seller" means a party in a real estate transaction who	52164
is the potential transferor of property. "Seller" includes an	52165
owner of property who is seeking to sell the property and a	52166
landlord who is seeking to rent or lease property to another	52167
person.	52168

(Y) ~~"Voluntary hold" means the license status in which a~~	52169
~~license is in the possession of the division of real estate and~~	52170
~~professional licensing for a period of not more than twelve months~~	52171
~~pursuant to section 4735.142 of the Revised Code, is not renewed~~	52172
~~in accordance with the requirements specified in this chapter or~~	52173
~~the rules adopted pursuant to it, and is not associated with a~~	52174
~~real estate broker.~~	52175

~~(Z)~~ "Resigned" means the license status in which a license	52176
has been voluntarily and permanently surrendered to or is	52177
otherwise in the possession of the division of real estate and	52178
professional licensing, ismay not be renewed or reactivated in	52179
accordance with the requirements specified in this chapter or the	52180
rules adopted pursuant to it, and is not associated with a real	52181
estate broker.	52182

~~(AA)~~(Z) "Bona fide" means made in good faith or without	52183
purpose of circumventing license law.	52184

Sec. 4735.02. (A) Except as provided in section 4735.022 of	52185
the Revised Code, no person, partnership, association, limited	52186
liability company, limited liability partnership, or corporation	52187
shall act as a real estate broker or real estate salesperson, or	52188
advertise or assume to act as such, without first being licensed	52189
as provided in this chapter. No person, partnership, association,	52190
limited liability company, limited liability partnership, or	52191
corporation shall provide services that require a license under	52192
this chapter if the licensee's license is inactive, suspended,	52193
~~placed on voluntary hold,~~ resigned, or a broker's license on	52194
deposit, or if the license has been revoked. Nothing contained in	52195
this chapter shall be construed as authorizing a real estate	52196
broker or salesperson to perform any service constituting the	52197
practice of law.	52198

(B) No partnership, association, limited liability company,	52199
limited liability partnership, or corporation holding a real	52200
estate license shall employ as an officer, director, manager, or	52201
principal employee any person previously holding a license as a	52202
real estate broker, real estate salesperson, foreign real estate	52203
dealer, or foreign real estate salesperson, whose license has been	52204
placed in inactive~~, voluntary hold,~~ or resigned status, or is	52205
suspended, or revoked and who has not thereafter reactivated the	52206
license or received a new license.	52207

Sec. 4735.052. (A) Upon receipt of a written complaint or	52208
upon the superintendent's own motion, the superintendent may	52209
investigate any person that has allegedly violated section 4735.02	52210
or 4735.25 of the Revised Code, except that the superintendent	52211
shall not initiate an investigation, pursuant to this section, of	52212
any person who held a ~~license on voluntary hold or a~~ suspended or	52213
inactive license under this chapter on the date of the alleged	52214
violation.	52215

(B) If, after investigation, the superintendent determines	52216
there exists reasonable evidence of a violation of section 4735.02	52217
or 4735.25 of the Revised Code, within fourteen business days	52218
after that determination, the superintendent shall send the party	52219
who is the subject of the investigation, a written notice, by	52220
regular mail, that includes all of the following information:	52221

(1) A description of the activity in which the party	52222
allegedly is engaging or has engaged that is a violation of	52223
section 4735.02 or 4735.25 of the Revised Code;	52224

(2) The applicable law allegedly violated;

52225

(3) A statement informing the party that a hearing concerning	52226
the alleged violation will be held, upon the party's request,	52227
before a hearing examiner pursuant to Chapter 119. of the Revised	52228
Code.	52229

(C)(1) If a hearing is requested, the hearing examiner shall	52230
hear the testimony of all parties present at the hearing and	52231
consider any written testimony submitted pursuant to this section,	52232
and determine if there has been a violation of section 4735.02 or	52233
4735.25 of the Revised Code.	52234

(2) After the conclusion of formal hearings, the hearing	52235
examiner shall file a report of findings of fact and conclusions	52236
of law with the superintendent, the commission, the complainant,	52237
and the parties. Within twenty days of receipt of such copy of the	52238
written report of findings of fact and conclusions of law, the	52239
parties and the division may file with the commission written	52240
objections to the report, which shall be considered by the	52241
commission before approving, modifying, or disapproving the	52242
report.	52243

(3) The commission shall review the hearing examiner's report	52244
at the next regularly scheduled commission meeting held at least	52245
twenty business days after receipt of the hearing examiner's	52246
report. The commission shall hear the testimony of the complainant	52247
or the parties upon request.	52248

(4) The commission shall decide whether to impose	52249
disciplinary sanctions upon a party for a violation of section	52250
4735.02 of the Revised Code. If the commission finds that a	52251
violation has occurred, the commission may assess a civil penalty,	52252
in an amount it determines, not to exceed one thousand dollars per	52253
violation. Each day a violation occurs or continues is a separate	52254
violation. The commission shall determine the terms of payment.	52255
The commission shall maintain a record of the proceedings of the	52256
hearing and issue a written opinion to all parties, citing its	52257
findings and grounds for any action taken.	52258

(D) Civil penalties collected under this section shall be	52259
deposited in the real estate operating fund, which is created in	52260
the state treasury under section 4735.211 of the Revised Code.	52261

(E) If a party fails to pay a civil penalty assessed pursuant	52262
to this section within the time prescribed by the commission, the	52263
superintendent shall forward to the attorney general the name of	52264
the party and the amount of the civil penalty, for the purpose of	52265
collecting that civil penalty. In addition to the civil penalty	52266
assessed pursuant to this section, the party also shall pay any	52267
fee assessed by the attorney general for collection of the civil	52268
penalty.	52269

(F) The superintendent may reserve the right to bring a civil	52270
action against a party that fails to pay a civil penalty for	52271
breach of contract in a court of competent jurisdiction.	52272

Sec. 4735.10. (A)(1) The Ohio real estate commission may	52273
adopt reasonable rules in accordance with Chapter 119. of the	52274
Revised Code, necessary for implementing the provisions of this	52275
chapter relating, but not limited to, the following:	52276

(a) The form and manner of filing applications for licensure;

52277

(b) Times and form of examination for license;

52278

(c) Placing an existing broker's license on deposit or a	52279
salesperson's license on an inactive status for an indefinite	52280
period;	52281

(d) Specifying the process by which a licensee may ~~place~~	52282
resign the licensee's license ~~on voluntary hold or resigned~~	52283
~~status~~;	52284

(e) Defining any additional license status that the	52285
commission determines is necessary and that is not otherwise	52286
defined in this chapter and establishing the process by which a	52287
licensee places the licensee's license in a status defined by the	52288
commission in the rules the commission adopts;	52289

(f) Clarification of the activities that require a license	52290
under this chapter.	52291

(2) The commission shall adopt reasonable rules in accordance	52292
with Chapter 119. of the Revised Code, for implementing the	52293
provisions of this chapter relating to the following:	52294

(a) The issuance, renewal, suspension, and revocation of	52295
licenses, other sanctions that may be imposed for violations of	52296
this chapter, the conduct of hearings related to these actions,	52297
and the process of reactivating a license;	52298

(b) A three-year license and a three-year license renewal	52299
system;	52300

(c) Standards for the approval of the ten-hour postlicensure	52301
courses as required by division ~~(H)~~(G) of section 4735.07 and	52302
division (H) of section 4735.09 of the Revised Code, courses of	52303
study required for licenses, courses offered in preparation for	52304
license examinations, or courses required as continuing education	52305
for licenses.	52306

(d) Guidelines to ensure that continuing education classes	52307
are open to all persons licensed under this chapter. The rules	52308
shall specify that an organization that sponsors a continuing	52309
education class may offer its members a reasonable reduction in	52310
the fees charged for the class.	52311

(e) Requirements for trust accounts and property management	52312
accounts. The rules shall specify that:	52313

(i) Brokerages engaged in the management of property for	52314
another may, pursuant to a written contract with the property	52315
owner, exercise signatory authority for withdrawals from property	52316
management accounts maintained in the name of the property owner.	52317
The exercise of authority for withdrawals does not constitute a	52318
violation of any provision of division (A) of section 4735.18 of	52319
the Revised Code.	52320

(ii) The interest earned on property management trust	52321
accounts maintained in the name of the property owner or the	52322
broker shall be payable to the property owner unless otherwise	52323
specified in a written contract.	52324

(f) Notice of renewal forms and filing deadlines;

52325

(g) Special assessments under division (A) of section 4735.12	52326
of the Revised Code.	52327

(B) The commission may adopt rules in accordance with Chapter	52328
119. of the Revised Code establishing standards and guidelines	52329
with which the superintendent of real estate shall comply in the	52330
exercise of the following powers:	52331

(1) Appointment and recommendation of ancillary trustees	52332
under section 4735.05 of the Revised Code;	52333

(2) Rejection of names proposed to be used by partnerships,	52334
associations, limited liability companies, limited liability	52335
partnerships, and corporations, under division (A) of section	52336
4735.06 of the Revised Code;	52337

(3) Acceptance and rejection of applications to take the	52338
broker and salesperson examinations and licensure, with	52339
appropriate waivers pursuant to division (E) of section 4735.07	52340
and section 4735.09 of the Revised Code;	52341

(4) Approval of applications of brokers to place their	52342
licenses in an inactive status and to become salespersons under	52343
section 4735.13 of the Revised Code;	52344

(5) Appointment of hearing examiners under section 119.09 of	52345
the Revised Code;	52346

(6) Acceptance and rejection of applications to take the	52347
foreign real estate dealer and salesperson examinations and	52348
licensure, with waiver of examination, under sections 4735.27 and	52349
4735.28 of the Revised Code;	52350

(7) Qualification of foreign real estate under section	52351
4735.25 of the Revised Code.	52352

If at any time there is no rule in effect establishing a	52353
guideline or standard required by this division, the	52354
superintendent may adopt a rule in accordance with Chapter 119. of	52355
the Revised Code for such purpose.	52356

(C) The commission or superintendent may hear testimony in	52357
matters relating to the duties imposed upon them, and the	52358
president of the commission and superintendent may administer	52359
oaths. The commission or superintendent may require other proof of	52360
the honesty, truthfulness, and good reputation of any person named	52361
in an application for a real estate broker's or real estate	52362
salesperson's license before admitting the applicant to the	52363
examination or issuing a license.	52364

Sec. 4735.13. (A) Every real estate broker licensed under	52365
this chapter shall have and maintain a definite place of business	52366
in this state. A post office box address is not a definite place	52367
of business for purposes of this section. The license of a real	52368
estate broker shall be prominently displayed in the office or	52369
place of business of the broker, and no license shall authorize	52370
the licensee to do business except from the location specified in	52371
it. If the broker maintains more than one place of business within	52372
the state, the broker shall apply for and procure a duplicate	52373
license for each branch office maintained by the broker. Each	52374
branch office shall be in the charge of a licensed broker or	52375
salesperson. The branch office license shall be prominently	52376
displayed at the branch office location.	52377

(B) The license of each real estate salesperson shall be	52378
mailed to and remain in the possession of the licensed broker with	52379
whom the salesperson is or is to be associated until the licensee	52380
places the license on inactive~~, voluntary hold,~~ or resigned status	52381
or until the salesperson leaves the brokerage or is terminated.	52382
The broker shall keep each salesperson's license in a way that it	52383
can, and shall on request, be made immediately available for	52384
public inspection at the office or place of business of the	52385
broker. Except as provided in divisions (G) and (H) of this	52386
section, immediately upon the salesperson's leaving the	52387
association or termination of the association of a real estate	52388
salesperson with the broker, the broker shall return the	52389
salesperson's license to the superintendent of real estate.	52390

The failure of a broker to return the license of a real	52391
estate salesperson or broker who leaves or who is terminated, via	52392
certified mail return receipt requested, within three business	52393
days of the receipt of a written request from the superintendent	52394
for the return of the license, is prima-facie evidence of	52395
misconduct under division (A)(6) of section 4735.18 of the Revised	52396
Code.	52397

(C) ~~Any~~A licensee shall notify the superintendent in writing	52398
within fifteen days of any of the following occurrences:	52399

(1) The licensee is convicted of a felony.

52400

(2) The licensee is convicted of a crime involving moral	52401
turpitude.	52402

(3) The licensee is found to have violated any federal,	52403
state, or municipal civil rights law pertaining to discrimination	52404
in housing.	52405

(4) The licensee is found to have engaged in a discriminatory	52406
practice pertaining to housing accommodations described in	52407
division (H) of section 4112.02 of the Revised Code.	52408

(5) ~~The licensee is found to have violated any municipal~~	52409
~~civil rights law pertaining to housing discrimination.~~	52410

~~(6)~~ The licensee is the subject of an order by the department	52411
of commerce, the department of insurance, or the department of	52412
agriculture revoking or permanently surrendering any professional	52413
license, certificate, or registration.	52414

~~(7)~~(6) The licensee is the subject of an order by any	52415
government agency concerning real estate, financial matters, or	52416
the performance of fiduciary duties with respect to any license,	52417
certificate, or registration.	52418

If a licensee fails to notify the superintendent within the	52419
required time, the superintendent immediately may suspend the	52420
license of the licensee.	52421

Any court that convicts a licensee of a violation of any	52422
municipal civil rights law pertaining to housing discrimination	52423
also shall notify the Ohio civil rights commission within fifteen	52424
days of the conviction.	52425

(D) In case of any change of business location, a broker	52426
shall give notice to the superintendent, on a form prescribed by	52427
the superintendent, within thirty days after the change of	52428
location, whereupon the superintendent shall issue new licenses	52429
for the unexpired period without charge. If a broker changes a	52430
business location without giving the required notice and without	52431
receiving new licenses that action is prima-facie evidence of	52432
misconduct under division (A)(6) of section 4735.18 of the Revised	52433
Code.	52434

(E) If a real estate broker desires to associate with another	52435
real estate broker in the capacity of a real estate salesperson,	52436
the broker shall apply to the superintendent to deposit the	52437
broker's real estate broker's license with the superintendent and	52438
for the issuance of a real estate salesperson's license. The	52439
application shall be made on a form prescribed by the	52440
superintendent and shall be accompanied by the recommendation of	52441
the real estate broker with whom the applicant intends to become	52442
associated and a fee of twenty-five dollars for the real estate	52443
salesperson's license. One dollar of the fee shall be credited to	52444
the real estate education and research fund. If the superintendent	52445
is satisfied that the applicant is honest, truthful, and of good	52446
reputation, has not been convicted of a felony or a crime	52447
involving moral turpitude, and has not been finally adjudged by a	52448
court to have violated any municipal, state, or federal civil	52449
rights laws relevant to the protection of purchasers or sellers of	52450
real estate, and that the association of the real estate broker	52451
and the applicant will be in the public interest, the	52452
superintendent shall grant the application and issue a real estate	52453
salesperson's license to the applicant. Any license so deposited	52454
with the superintendent shall be subject to this chapter. A broker	52455
who intends to deposit the broker's license with the	52456
superintendent, as provided in this section, shall give written	52457
notice of this fact in a format prescribed by the superintendent	52458
to all salespersons associated with the broker when applying to	52459
place the broker's license on deposit.	52460

(F) If a real estate broker desires to become a member or	52461
officer of a partnership, association, limited liability company,	52462
limited liability partnership, or corporation that is or intends	52463
to become a licensed real estate broker, the broker shall notify	52464
the superintendent of the broker's intentions. The notice of	52465
intention shall be on a form prescribed by the superintendent and	52466
shall be accompanied by a fee of twenty-five dollars. One dollar	52467
of the fee shall be credited to the real estate education and	52468
research fund.	52469

A licensed real estate broker who is a member or officer of a	52470
partnership, association, limited liability company, limited	52471
liability partnership, or corporation shall only act as a real	52472
estate broker for such partnership, association, limited liability	52473
company, limited liability partnership, or corporation.	52474

(G) If a real estate broker or salesperson enters the armed	52475
forces, the broker or salesperson may place the broker's or	52476
salesperson's license on deposit with the Ohio real estate	52477
commission. The licensee shall not be required to renew the	52478
license until the renewal date that follows the date of discharge	52479
from the armed forces. Any license deposited with the commission	52480
shall be subject to this chapter. Any licensee whose license is on	52481
deposit under this division and who fails to meet the continuing	52482
education requirements of section 4735.141 of the Revised Code	52483
because the licensee is in the armed forces shall satisfy the	52484
commission that the licensee has complied with the continuing	52485
education requirements within twelve months of the licensee's	52486
first birthday after discharge. The superintendent shall notify	52487
the licensee of the licensee's obligations under section 4735.141	52488
of the Revised Code at the time the licensee applies for	52489
reactivation of the licensee's license.	52490

(H) If a licensed real estate salesperson submits an	52491
application to the superintendent to leave the association of one	52492
broker to associate with a different broker, the broker possessing	52493
the licensee's license need not return the salesperson's license	52494
to the superintendent. The superintendent may process the	52495
application regardless of whether the licensee's license is	52496
returned to the superintendent.	52497

Sec. 4735.14. (A) Each license issued under this chapter,	52498
shall be valid without further recommendation or examination until	52499
it is placed in an inactive~~, voluntary hold,~~ or resigned status,	52500
is revoked or suspended, or such license expires by operation of	52501
law.	52502

(B) Except for a licensee who has placed the licensee's	52503
license ~~on voluntary hold or~~in resigned status pursuant to	52504
section 4735.142 of the Revised Code, each licensed broker,	52505
brokerage, or salesperson shall file, on or before the date the	52506
Ohio real estate commission has adopted by rule for that licensee	52507
in accordance with division (A)(2)(f) of section 4735.10 of the	52508
Revised Code, a notice of renewal on a form prescribed by the	52509
superintendent of real estate. The notice of renewal shall be	52510
mailed by the superintendent two months prior to the filing	52511
deadline to the personal residence address of each broker or	52512
salesperson that is on file with the division. If the licensee is	52513
a partnership, association, limited liability company, limited	52514
liability partnership, or corporation, the notice of renewal shall	52515
be mailed by the superintendent two months prior to the filing	52516
deadline to the brokerage's business address on file with the	52517
division. A licensee shall not renew the licensee's license any	52518
earlier than two months prior to the filing deadline.	52519

(C) Except as otherwise provided in division (B) of this	52520
section, the license of any real estate broker, brokerage, or	52521
salesperson that fails to file a notice of renewal on or before	52522
the filing deadline of each ensuing year shall be suspended	52523
automatically without the taking of any action by the	52524
superintendent. A suspended license may be reactivated within	52525
twelve months of the date of suspension, provided that the renewal	52526
fee plus a penalty fee of fifty per cent of the renewal fee is	52527
paid to the superintendent. Failure to reactivate the license as	52528
provided in this division shall result in automatic revocation of	52529
the license without the taking of any action by the	52530
superintendent. No person, partnership, association, corporation,	52531
limited liability company, or limited partnership shall engage in	52532
any act or acts for which a real estate license is required while	52533
that entity's license is placed in an inactive~~, voluntary hold,~~ or	52534
resigned status, or is suspended, or revoked. The commission shall	52535
adopt rules in accordance with Chapter 119. of the Revised Code to	52536
provide to licensees notice of suspension or revocation or both.	52537

(D) Each licensee shall notify the ~~commission~~superintendent	52538
of a change in personal residence address. A licensee's failure to	52539
notify the ~~commission~~superintendent of a change in personal	52540
residence address does not negate the requirement to file the	52541
license renewal by the required deadline established by the	52542
commission by rule under division (A)(2)(f) of section 4735.10 of	52543
the Revised Code.	52544

(E) The superintendent shall not renew a license if the	52545
licensee fails to comply with section 4735.141 of the Revised Code	52546
or is otherwise not in compliance with this chapter.	52547

(F) The superintendent shall make notice of successful	52548
renewal available electronically to licensees as soon as	52549
practicable, but not later than thirty days after receipt by the	52550
division of a complete application and renewal fee. This notice	52551
shall serve as a notice of renewal for purposes of section 4745.02	52552
of the Revised Code.	52553

Sec. 4735.141. (A) Except as otherwise provided in this	52554
division and except for a licensee who has placed the licensee's	52555
license ~~on voluntary hold or~~in resigned status pursuant to	52556
section 4735.142 of the Revised Code, each person licensed under	52557
section 4735.07 or 4735.09 of the Revised Code shall submit proof	52558
satisfactory to the superintendent of real estate that the	52559
licensee has satisfactorily completed thirty hours of continuing	52560
education, as prescribed by the Ohio real estate commission	52561
pursuant to section 4735.10 of the Revised Code, on or before the	52562
licensee's birthday occurring three years after the licensee's	52563
date of initial licensure, and on or before the licensee's	52564
birthday every three years thereafter.	52565

Persons licensed as real estate salespersons who subsequently	52566
become licensed real estate brokers shall continue to submit proof	52567
of continuing education in accordance with the time period	52568
established in this section.	52569

The requirements of this section shall not apply to any	52570
disabled licensee as provided in division (E) of this section.	52571

Each licensee who is seventy years of age or older, within a	52572
continuing education reporting period, shall submit proof	52573
satisfactory to the superintendent of real estate that the	52574
licensee has satisfactorily completed a total of nine classroom	52575
hours of continuing education, including instruction in Ohio real	52576
estate law; recently enacted state and federal laws affecting the	52577
real estate industry; municipal, state, and federal civil rights	52578
law; and canons of ethics for the real estate industry as adopted	52579
by the commission. The required proof of completion shall be	52580
submitted on or before the licensee's birthday that falls in the	52581
third year of that continuing education reporting period. A	52582
licensee who is seventy years of age or older whose license is in	52583
an inactive status is exempt from the continuing education	52584
requirements specified in this section. The commission shall adopt	52585
reasonable rules in accordance with Chapter 119. of the Revised	52586
Code to carry out the purposes of this paragraph.	52587

(B) The continuing education requirements of this section	52588
shall be completed in schools, seminars, and educational	52589
institutions approved by the commission. Such approval shall be	52590
given according to rules established by the commission under the	52591
procedures of Chapter 119. of the Revised Code, and shall not be	52592
limited to institutions providing two-year or four-year degrees.	52593
Each school, seminar, or educational institution approved under	52594
this division shall be open to all licensees on an equal basis.	52595

(C) If the requirements of this section are not met by a	52596
licensee within the period specified, the licensee's license shall	52597
be suspended automatically without the taking of any action by the	52598
superintendent. The superintendent shall notify the licensee of	52599
the license suspension, and such notification shall be sent by	52600
regular mail to the personal residence address of the licensee	52601
that is on file with the division. Any license so suspended shall	52602
remain suspended until it is reactivated by the superintendent. No	52603
such license shall be reactivated until it is established, to the	52604
satisfaction of the superintendent, that the requirements of this	52605
section have been met. If the requirements of this section are not	52606
met within twelve months from the date the license was suspended,	52607
the license shall be revoked automatically without the taking of	52608
any action by the superintendent.	52609

(D) If the license of a real estate broker is suspended	52610
pursuant to division (C) of this section, the license of a real	52611
estate salesperson associated with that broker correspondingly is	52612
suspended pursuant to division (H) of section 4735.20 of the	52613
Revised Code. A sole broker shall notify affiliated salespersons	52614
of the suspension in writing within three days of receiving the	52615
notice required by division (C) of this section.	52616

(1) The suspended license of the associated real estate	52617
salesperson shall be reactivated and no fee shall be charged or	52618
collected for that reactivation if that broker subsequently	52619
submits proof to the superintendent that the broker has complied	52620
with the requirements of this section and requests that the	52621
broker's license as a real estate broker be reactivated, and the	52622
superintendent then reactivates the broker's license as a real	52623
estate broker.	52624

(2) If the real estate salesperson submits an application to	52625
leave the association of the suspended broker in order to	52626
associate with a different broker, the suspended license of the	52627
associated real estate salesperson shall be reactivated and no fee	52628
shall be charged or collected for that reactivation. The	52629
superintendent may process the application regardless of whether	52630
the licensee's license is returned to the superintendent.	52631

Any person whose license is reactivated pursuant to this	52632
division shall comply with the requirements of this section and	52633
otherwise be in compliance with this chapter.	52634

(E) Any licensee who is a disabled licensee at any time	52635
during the last three months of the third year of the licensee's	52636
continuing education reporting period may receive an extension of	52637
time as deemed appropriate by the superintendent to submit proof	52638
to the superintendent that the licensee has satisfactorily	52639
completed the required thirty hours of continuing education. To	52640
receive an extension of time, the licensee shall submit a request	52641
to the division of real estate for the extension and proof	52642
satisfactory to the commission that the licensee was a disabled	52643
licensee at some time during the last three months of the	52644
three-year reporting period. The proof shall include, but is not	52645
limited to, a signed statement by the licensee's attending	52646
physician describing the disability, certifying that the	52647
licensee's disability is of such a nature as to prevent the	52648
licensee from attending any instruction lasting at least three	52649
hours in duration, and stating the expected duration of the	52650
disability. The licensee shall request the extension and provide	52651
the physician's statement to the division no later than one month	52652
prior to the end of the licensee's three-year continuing education	52653
reporting period, unless the disability did not arise until the	52654
last month of the three-year reporting period, in which event the	52655
licensee shall request the extension and provide the physician's	52656
statement as soon as practical after the occurrence of the	52657
disability. A licensee granted an extension pursuant to this	52658
division who is no longer a disabled licensee and who submits	52659
proof of completion of the continuing education during the	52660
extension period, shall submit, for future continuing education	52661
reporting periods, proof of completion of the continuing education	52662
requirements according to the schedule established in division (A)	52663
of this section.	52664

(F) The superintendent shall not renew a license if the	52665
licensee fails to comply with this section, and the licensee shall	52666
be required to pay the penalty fee provided in section 4735.14 of	52667
the Revised Code.	52668

(G) A licensee shall submit proof of completion of the	52669
required continuing education with the licensee's notice of	52670
renewal. The proof shall be submitted in the manner provided by	52671
the superintendent.	52672

Sec. 4735.142. (A) Any person licensed under section 4735.07	52673
or 4735.09 of the Revised Code, at any time prior to the date the	52674
licensee is required to file a notice of renewal pursuant to	52675
division (B) of section 4735.14 of the Revised Code may apply to	52676
the superintendent of real estate and professional licensing to	52677
place the licensee's license ~~on voluntary hold or~~in a permanently	52678
resigned status.	52679

(B) ~~If the superintendent has placed a license on voluntary~~	52680
~~hold pursuant to a request made under division (A) of this~~	52681
~~section, the licensee who requested that the licensee's license be~~	52682
~~placed on voluntary hold may apply to the superintendent to~~	52683
~~reactivate that license within twelve months after the date the~~	52684
~~license is placed on voluntary hold. The superintendent shall~~	52685
~~reactivate that license if the licensee complies with the~~	52686
~~requirements for such reactivation that are specified in rules~~	52687
~~adopted by the Ohio real estate commission pursuant to division~~	52688
~~(A) of section 4735.10 of the Revised Code and satisfies all of~~	52689
~~the following requirements:~~	52690

~~(1) The licensee complies with the postlicensure education~~	52691
~~requirements specified in section 4735.07 or 4735.09 of the~~	52692
~~Revised Code, as applicable;~~	52693

~~(2) The licensee complies with the continuing education~~	52694
~~requirements specified in section 4735.141 of the Revised Code;~~	52695

~~(3) The licensee renews the licensee's license in accordance~~	52696
~~with section 4735.14 of the Revised Code and, if applicable, pays~~	52697
~~the annual brokerage assessment fee in accordance with the~~	52698
~~requirements specified in rules adopted by the commission.~~	52699

~~(C) If a licensee does not apply to reactivate a license on~~	52700
~~voluntary hold pursuant to division (B) of this section during the~~	52701
~~twelve-month time period specified in that division or does not~~	52702
~~satisfy the requirements specified in that division during that~~	52703
~~twelve-month period, the superintendent shall consider that~~	52704
~~license to be in a resigned status. The superintendent shall not~~	52705
~~reactivate a resigned license. The resignation of a license is~~	52706
~~considered to be final without the taking of any action by the~~	52707
~~superintendent. If a person whose license is in a resigned status~~	52708
~~pursuant to this division wishes to obtain an active license, the~~	52709
~~person shall apply for an active license in accordance with the~~	52710
~~requirements specified in section 4735.07 or 4735.09 of the~~	52711
~~Revised Code, as applicable.~~	52712

~~(D)~~ A licensee, at any time during which a license has been	52713
suspended pursuant to division (G) of section 4735.07, division	52714
(H) of section 4735.09, division (E) of section 4735.12, division	52715
(C) of section 4735.14, division (C) of section 4735.141, or	52716
section 4735.182 of the Revised Code, may apply to the	52717
superintendent on a form prescribed by the superintendent to	52718
~~voluntarily~~permanently resign the licensee's license voluntarily.	52719
The resignation of a license is considered to be final without the	52720
taking of any action by the superintendent. If	52721

(C) If a person whose license is in a permanently resigned	52722
status pursuant to a request made under this ~~division~~section	52723
wishes to obtain an active or inactive license, the person shall	52724
apply for such a license in accordance with the requirements	52725
specified in section 4735.07 or 4735.09 of the Revised Code, as	52726
applicable, or in the rules adopted by the commission pursuant to	52727
division (A) of section 4735.10 of the Revised Code.	52728

~~(E)~~(D) If placing a broker's license ~~on voluntary hold or~~in	52729
a permanently resigned status will result in the closure of the	52730
broker's brokerage, the broker, within three days after applying	52731
to the superintendent to place the license ~~on voluntary hold or~~in	52732
a permanently resigned status, shall provide to each salesperson	52733
associated with that broker a written notice stating that fact.	52734

~~(F)~~(E) This section does not apply to any licensee whose	52735
license has been suspended pursuant to division (F) of section	52736
4735.181 of the Revised Code or due to disciplinary action ordered	52737
by the commission pursuant to section 4735.051 of the Revised	52738
Code.	52739

Sec. 4735.74. Unless otherwise agreed in writing, a licensee	52740
owes no further duty to a client after performance of all duties	52741
or after any contract has terminated or expired, except for both	52742
of the following:	52743

(A) Providing the client with an accounting of all moneys and	52744
property relating to the transaction;	52745

(B) Keeping confidential all information received during the	52746
course of the transaction unless:	52747

(1) The client permits disclosure;

52748

(2) Disclosure is required by law or by court order;

52749

(3) The information becomes public from a source other than	52750
the licensee;	52751

(4) The information is necessary to prevent a crime the	52752
client intends to commit;	52753

(5) Disclosure is necessary to defend the brokerage or its	52754
licensees against an accusation of wrongful conduct or to	52755
establish or defend a claim that a commission is owed on a	52756
transaction.;	52757

(6) Disclosure is regarding sales information requested by a	52758
~~registered~~real estate appraiser assistant registered under	52759
Chapter 4763. of the Revised Code or a ~~licensed or certified~~real	52760
estate appraiser licensed or certified under Chapter 4763. of the	52761
Revised Code for the purposes of performing an appraisal. No cause	52762
of action shall arise on behalf of any person against a licensee	52763
for releasing information pursuant to this division.	52764

Sec. 4736.01. As used in this chapter:

52765

(A) "Environmental health science" means the aspect of public	52766
health science that includes, but is not limited to, the following	52767
bodies of knowledge: air quality, food quality and protection,	52768
hazardous and toxic substances, consumer product safety, housing,	52769
institutional health and safety, community noise control,	52770
radiation protection, recreational facilities, solid and liquid	52771
waste management, vector control, drinking water quality, milk	52772
sanitation, and rabies control.	52773

(B) "Sanitarian" means a person who performs for compensation	52774
educational, investigational, technical, or administrative duties	52775
requiring specialized knowledge and skills in the field of	52776
environmental health science.	52777

(C) "Registered sanitarian" means a person who is registered	52778
as a sanitarian in accordance with this chapter.	52779

(D) "Sanitarian-in-training" means a person who is registered	52780
as a sanitarian-in-training in accordance with this chapter.	52781

(E) "Practice of environmental health" means consultation,	52782
instruction, investigation, inspection, or evaluation by an	52783
employee of a city health district, a general health district, the	52784
environmental protection agency, the department of health, or the	52785
department of agriculture requiring specialized knowledge,	52786
training, and experience in the field of environmental health	52787
science, with the primary purpose of improving or conducting	52788
administration or enforcement under any of the following:	52789

(1) Chapter 911., 913., 917., 3717., 3718., 3721., 3729., or	52790
3733. of the Revised Code;	52791

(2) Chapter 3734. of the Revised Code as it pertains to solid	52792
waste;	52793

(3) Section 955.26, 3701.344, 3707.01, or 3707.03, sections	52794
3707.38 to 3707.99, or section 3715.21 of the Revised Code;	52795

(4) Rules adopted under former section 3701.34 of the Revised	52796
Code pertaining to rabies control or swimming pools;	52797

(5) Rules adopted under section 3701.935 of the Revised Code	52798
for school health and safety network inspections and rules adopted	52799
under section 3707.26 of the Revised Code for sanitary	52800
inspections.	52801

"Practice of environmental health" does not include sampling,	52802
testing, controlling of vectors, reporting of observations, or	52803
other duties that do not require application of specialized	52804
knowledge and skills in environmental health science performed	52805
under the supervision of a registered sanitarian.	52806

The state board of sanitarian registration may further define	52807
environmental health science in relation to specific functions in	52808
the practice of environmental health through rules adopted by the	52809
board under Chapter 119. of the Revised Code.	52810

Sec. 4740.03. (A) The administrative section of the Ohio	52811
construction industry licensing board annually shall elect from	52812
among its members a chairperson and other officers as the board,	52813
by rule, designates. The chairperson shall preside over meetings	52814
of the administrative section or designate another member to	52815
preside in the chairperson's absence. The administrative section	52816
shall hold at least two regular meetings each year, but may meet	52817
at additional times as specified by rule, at the call of the	52818
chairperson, or upon the request of two or more members. A	52819
majority of the members of the administrative section constitutes	52820
a quorum for the transaction of all business. The administrative	52821
section may not take any action without the concurrence of at	52822
least three of its members.	52823

(B)(1) The administrative section shall employ a secretary,	52824
who is not a member of the board, to serve at the pleasure of the	52825
administrative section, and shall fix the compensation of the	52826
secretary. The secretary shall be in the unclassified civil	52827
service of the state.	52828

(2) The secretary shall do all of the following:

52829

(a) Keep or set standards for and delegate to another person	52830
the keeping of the minutes, books, and other records and files of	52831
the board and each section of the board;	52832

(b) Issue all licenses in the name of the board;

52833

(c) Send out all notices, including advance notices of	52834
meetings of the board and each section of the board, and attend to	52835
all correspondence of the board and each section of the board,	52836
under the direction of the administrative section;	52837

(d) Receive and deposit all fees payable pursuant to this	52838
chapter into the ~~labor~~industrial compliance operating fund	52839
created pursuant to section 121.084 of the Revised Code;	52840

(e) Perform all other duties incidental to the office of the	52841
secretary or properly assigned to the secretary by the	52842
administrative section of the board.	52843

(3) Before entering upon the discharge of the duties of the	52844
secretary, the secretary shall file with the treasurer of state a	52845
bond in the sum of five thousand dollars, payable to the state, to	52846
ensure the faithful performance of the secretary's duties. The	52847
board shall pay the premium of the bond in the same manner as it	52848
pays other expenditures of the board.	52849

(C) Upon the request of the administrative section of the	52850
board, the director of commerce shall supply the board and its	52851
sections with personnel, office space, and supplies, as the	52852
director determines appropriate. The administrative section of the	52853
board shall employ any additional staff it considers necessary and	52854
appropriate.	52855

(D) The chairperson of the board or the secretary, or both,	52856
as authorized by the board, shall approve all vouchers of the	52857
board.	52858

Sec. 4740.11. The Ohio construction industry licensing board	52859
and its sections shall deposit all receipts and fines collected	52860
under this chapter into the state treasury to the credit of the	52861
~~labor~~industrial compliance operating fund created in section	52862
121.084 of the Revised Code.	52863

Sec. 4740.14. (A) There is hereby created within the	52864
department of commerce the residential construction advisory	52865
committee consisting of nine persons the director of commerce	52866
appoints. The advisory committee shall be made up of the following	52867
members:	52868

(1) Three shall be general contractors who have recognized	52869
ability and experience in the construction of residential	52870
buildings.	52871

(2) Two shall be building officials who have experience	52872
administering and enforcing a residential building code.	52873

(3) One, chosen from a list of three names the Ohio fire	52874
chief's association submits, shall be from the fire service	52875
certified as a fire safety inspector who has at least ten years of	52876
experience enforcing fire or building codes.	52877

(4) One shall be a residential contractor who has recognized	52878
ability and experience in the remodeling and construction of	52879
residential buildings.	52880

(5) One shall be an architect registered pursuant to Chapter	52881
4703. of the Revised Code, with recognized ability and experience	52882
in the architecture of residential buildings.	52883

(6) One, chosen from a list of three names the Ohio municipal	52884
league submits to the director, shall be a mayor of a municipal	52885
corporation in which the Ohio residential building code is being	52886
enforced in the municipal corporation by a certified building	52887
department.	52888

(B) Terms of office shall be for three years, with each term	52889
ending on the date three years after the date of appointment. Each	52890
member shall hold office from the date of appointment until the	52891
end of the term for which the member was appointed. Vacancies	52892
shall be filled in the manner provided for initial appointments.	52893
Any member appointed to fill a vacancy in an unexpired term shall	52894
hold office for the remainder of that term.	52895

52896

(1) Recommend to the board of building standards a building	52897
code for residential buildings. The committee shall recommend a	52898
code that it may model on a residential building code a national	52899
model code organization issues, with adaptations necessary to	52900
implement the code in this state. If the board of building	52901
standards decides not to adopt a code the committee recommends,	52902
the committee shall revise the code and resubmit it until the	52903
board adopts a code the committee recommends as the state	52904
residential building code;	52905

(2) Advise the board regarding the establishment of standards	52906
for certification of building officials who enforce the state	52907
residential building code;	52908

(3) Assist the board in providing information and guidance to	52909
residential contractors and building officials who enforce the	52910
state residential building code;	52911

(4) Advise the board regarding the interpretation of the	52912
state residential building code;	52913

(5) Provide other assistance the committee considers	52914
necessary;	52915

(6) Provide the board with a written report of the	52916
committee's findings for each consideration required by division	52917
(D) of this section.	52918

(D) The committee shall not make its recommendation to the	52919
board pursuant to divisions (C)(1), (2), and (4) of this section	52920
until the advisory committee has considered all of the following:	52921

(1) The impact that the state residential building code may	52922
have upon the health, safety, and welfare of the public;	52923

(2) The economic reasonableness of the residential building	52924
code;	52925

(3) The technical feasibility of the residential building	52926
code;	52927

(4) The financial impact that the residential building code	52928
may have on the public's ability to purchase affordable housing.	52929

(E) The advisory committee may provide the board with any	52930
rule the committee recommends to update or amend the state	52931
residential building code or any rule that the committee	52932
recommends to update or amend the state residential building code	52933
after receiving a petition described in division (A)(2) of section	52934
3781.12 of the Revised Code.	52935

(F) Members of the advisory committee shall receive no salary	52936
for the performance of their duties as members, but shall receive	52937
their actual and necessary expenses incurred in the performance of	52938
their duties as members of the advisory committee and shall	52939
receive a per diem for each day in attendance at an official	52940
meeting of the committee, to be paid from the ~~labor~~industrial	52941
compliance operating fund in the state treasury, using fees	52942
collected in connection with residential buildings pursuant to	52943
division (F)(2) of section 3781.102 of the Revised Code and	52944
deposited in that fund.	52945

(G) The advisory committee is not subject to divisions (A)	52946
and (B) of section 101.84 of the Revised Code.	52947

Sec. 4743.05. Except as otherwise provided in sections	52948
4701.20, 4723.062, 4723.082, ~~and~~ 4729.65, 4781.121, and 4781.28 of	52949
the Revised Code, all money collected under Chapters 3773., 4701.,	52950
4703., 4709., 4713., 4715., 4717., 4723., 4725., 4729., 4732.,	52951
4733., 4734., 4736., 4741., 4753., 4755., 4757., 4758., 4759.,	52952
4761., ~~4766.,~~ 4771., 4775., 4779., and 4781. of the Revised Code	52953
shall be paid into the state treasury to the credit of the	52954
occupational licensing and regulatory fund, which is hereby	52955
created for use in administering such chapters.	52956

At the end of each quarter, the director of budget and	52957
management shall transfer from the occupational licensing and	52958
regulatory fund to the nurse education assistance fund created in	52959
section 3333.28 of the Revised Code the amount certified to the	52960
director under division (B) of section 4723.08 of the Revised	52961
Code.	52962

At the end of each quarter, the director shall transfer from	52963
the occupational licensing and regulatory fund to the certified	52964
public accountant education assistance fund created in section	52965
4701.26 of the Revised Code the amount certified to the director	52966
under division (H)(2) of section 4701.10 of the Revised Code.	52967

Sec. 4763.05. (A)(1)(a) A person shall make application for	52968
an initial state-certified general real estate appraiser	52969
certificate, an initial state-certified residential real estate	52970
appraiser certificate, an initial state-licensed residential real	52971
estate appraiser license, or an initial state-registered real	52972
estate appraiser assistant registration in writing to the	52973
superintendent of real estate on a form the superintendent	52974
prescribes. The application shall include the address of the	52975
applicant's principal place of business and all other addresses at	52976
which the applicant currently engages in the business of preparing	52977
real estate appraisals and the address of the applicant's current	52978
residence. The superintendent shall retain the applicant's current	52979
residence address in a separate record which ~~shall~~does not	52980
constitute a public record for purposes of section ~~149.03~~149.43	52981
of the Revised Code. The application shall indicate whether the	52982
applicant seeks certification as a general real estate appraiser	52983
or as a residential real estate appraiser, licensure as a	52984
residential real estate appraiser, or registration as a real	52985
estate appraiser assistant and be accompanied by the prescribed	52986
examination and certification, registration, or licensure fees set	52987
forth in section 4763.09 of the Revised Code. The application also	52988
shall include a pledge, signed by the applicant, that the	52989
applicant will comply with the standards set forth in this	52990
chapter; and a statement that the applicant understands the types	52991
of misconduct for which disciplinary proceedings may be initiated	52992
against the applicant pursuant to this chapter.	52993

(b) Upon the filing of an application and payment of any	52994
examination and certification, registration, or licensure fees,	52995
the superintendent of real estate shall request the superintendent	52996
of the bureau of criminal identification and investigation, or a	52997
vendor approved by the bureau, to conduct a criminal records check	52998
based on the applicant's fingerprints in accordance with ~~division~~	52999
~~(A)(11) of~~ section 109.572 of the Revised Code. Notwithstanding	53000
division (K) of section 121.08 of the Revised Code, the	53001
superintendent of real estate shall request that criminal record	53002
information from the federal bureau of investigation be obtained	53003
as part of the criminal records check. Any fee required under	53004
division (C)(3) of section 109.572 of the Revised Code shall be	53005
paid by the applicant.	53006

(2) For purposes of providing funding for the real estate	53007
appraiser recovery fund established by section 4763.16 of the	53008
Revised Code, the real estate appraiser board shall levy an	53009
assessment against each person issued an initial certificate,	53010
registration, or license and against current licensees,	53011
registrants, and certificate holders, as required by board rule.	53012
The assessment is in addition to the application and examination	53013
fees for initial applicants required by division (A)(1) of this	53014
section and the renewal fees required for current certificate	53015
holders, registrants, and licensees. The superintendent of real	53016
estate shall deposit the assessment into the state treasury to the	53017
credit of the real estate appraiser recovery fund. The assessment	53018
for initial certificate holders, registrants, and licensees shall	53019
be paid prior to the issuance of a certificate, registration, or	53020
license, and for current certificate holders, registrants, and	53021
licensees, at the time of renewal.	53022

(B) An applicant for an initial general real estate appraiser	53023
certificate, residential real estate appraiser certificate, or	53024
residential real estate appraiser license shall possess experience	53025
in real estate appraisal as the board prescribes by rule. In	53026
addition to any other information required by the board, the	53027
applicant shall furnish, under oath, a detailed listing of the	53028
appraisal reports or file memoranda for each year for which	53029
experience is claimed and, upon request of the superintendent or	53030
the board, shall make available for examination a sample of the	53031
appraisal reports prepared by the applicant in the course of the	53032
applicant's practice.	53033

(C) An applicant for an initial certificate, registration, or	53034
license shall be at least eighteen years of age, honest, truthful,	53035
and of good reputation and shall present satisfactory evidence to	53036
the superintendent that the applicant has successfully completed	53037
any education requirements the board prescribes by rule.	53038

(D) An applicant for an initial general real estate appraiser	53039
or residential real estate appraiser certificate or residential	53040
real estate appraiser license shall take and successfully complete	53041
a written examination in order to qualify for the certificate or	53042
license.	53043

The board shall prescribe the examination requirements by	53044
rule.	53045

(E)(1) A nonresident, natural person of this state who has	53046
complied with this section may obtain a certificate, registration,	53047
or license. The board shall adopt rules relating to the	53048
certification, registration, and licensure of a nonresident	53049
applicant whose state of residence the board determines to have	53050
certification, registration, or licensure requirements that are	53051
substantially similar to those set forth in this chapter and the	53052
rules adopted thereunder.	53053

(2) The board shall recognize on a temporary basis a	53054
certification or license issued in another state and shall	53055
register on a temporary basis an appraiser who is certified or	53056
licensed in another state if all of the following apply:	53057

(a) The temporary registration is to perform an appraisal	53058
assignment that is part of a federally related transaction.	53059

(b) The appraiser's business in this state is of a temporary	53060
nature.	53061

(c) The appraiser registers with the board pursuant to this	53062
division.	53063

An appraiser who is certified or licensed in another state	53064
shall register with the board for temporary practice before	53065
performing an appraisal assignment in this state in connection	53066
with a federally related transaction.	53067

The board shall adopt rules relating to registration for the	53068
temporary recognition of certification and licensure of appraisers	53069
from another state. The registration for temporary recognition of	53070
certified or licensed appraisers from another state shall not	53071
authorize completion of more than one appraisal assignment in this	53072
state. The board shall not issue more than two registrations for	53073
temporary practice to any one applicant in any calendar year.	53074

(3) In addition to any other information required to be	53075
submitted with the nonresident applicant's or appraiser's	53076
application for a certificate, registration, license, or temporary	53077
recognition of a certificate or license, each nonresident	53078
applicant or appraiser shall submit a statement consenting to the	53079
service of process upon the nonresident applicant or appraiser by	53080
means of delivering that process to the secretary of state if, in	53081
an action against the applicant, certificate holder, registrant,	53082
or licensee arising from the applicant's, certificate holder's,	53083
registrant's, or licensee's activities as a certificate holder,	53084
registrant, or licensee, the plaintiff, in the exercise of due	53085
diligence, cannot effect personal service upon the applicant,	53086
certificate holder, registrant, or licensee.	53087

(F) The superintendent shall not issue a certificate,	53088
registration, or license to, or recognize on a temporary basis an	53089
appraiser from another state that is a corporation, partnership,	53090
or association. This prohibition shall not be construed to prevent	53091
a certificate holder or licensee from signing an appraisal report	53092
on behalf of a corporation, partnership, or association.	53093

(G) Every person licensed, registered, or certified under	53094
this chapter shall notify the superintendent, on a form provided	53095
by the superintendent, of a change in the address of the	53096
licensee's, registrant's, or certificate holder's principal place	53097
of business or residence within thirty days of the change. If a	53098
licensee's, registrant's, or certificate holder's license,	53099
registration, or certificate is revoked or not renewed, the	53100
licensee, registrant, or certificate holder immediately shall	53101
return the annual and any renewal certificate, registration, or	53102
license to the superintendent.	53103

(H)(1) The superintendent shall not issue a certificate,	53104
registration, or license to any person, or recognize on a	53105
temporary basis an appraiser from another state, who does not meet	53106
applicable minimum criteria for state certification, registration,	53107
or licensure prescribed by federal law or rule.	53108

(2) The superintendent shall not issue a general real estate	53109
appraiser certificate, residential real estate appraiser	53110
certificate, residential real estate appraiser license, or real	53111
estate appraiser assistant registration to any person who has been	53112
convicted of or pleaded guilty to any criminal offense involving	53113
theft, receiving stolen property, embezzlement, forgery, fraud,	53114
passing bad checks, money laundering, or drug trafficking, or any	53115
criminal offense involving money or securities, including a	53116
violation of an existing or former law of this state, any other	53117
state, or the United States that substantially is equivalent to	53118
such an offense. However, if the applicant has pleaded guilty to	53119
or been convicted of such an offense, the superintendent shall not	53120
consider the offense if the applicant has proven to the	53121
superintendent, by a preponderance of the evidence, that the	53122
applicant's activities and employment record since the conviction	53123
show that the applicant is honest, truthful, and of good	53124
reputation, and there is no basis in fact for believing that the	53125
applicant will commit such an offense again.	53126

Sec. 4765.02. (A)(1) There is hereby created the state board	53127
of emergency medical, fire, and transportation services within the	53128
division of emergency medical services of the department of public	53129
safety. The board shall consist of the members specified in this	53130
section who are residents of this state. The governor, with the	53131
advice and consent of the senate, shall appoint all members of the	53132
board, except the employee of the department of public safety	53133
designated by the director of public safety under this section to	53134
be a member of the board. In making the appointments, the governor	53135
shall appoint only members with background or experience in	53136
emergency medical services or trauma care and shall attempt to	53137
include members representing urban and rural areas, various	53138
geographical regions of the state, and various schools of	53139
training.	53140

(2) One member of the board shall be a physician certified by	53141
the American board of emergency medicine or the American	53142
osteopathic board of emergency medicine who is active in the	53143
practice of emergency medicine and is actively involved with an	53144
emergency medical service organization. The governor shall appoint	53145
this member from among three persons nominated by the Ohio chapter	53146
of the American college of emergency physicians and three persons	53147
nominated by the Ohio osteopathic association. One member shall be	53148
a physician certified by the American board of surgery or the	53149
American osteopathic board of surgery who is active in the	53150
practice of trauma surgery and is actively involved with emergency	53151
medical services. The governor shall appoint this member from	53152
among three persons nominated by the Ohio chapter of the American	53153
college of surgeons and three persons nominated by the Ohio	53154
osteopathic association. One member shall be a physician certified	53155
by the American academy of pediatrics or American osteopathic	53156
board of pediatrics who is active in the practice of pediatric	53157
emergency medicine and actively involved with an emergency medical	53158
service organization. The governor shall appoint this member from	53159
among three persons nominated by the Ohio chapter of the American	53160
academy of pediatrics and three persons nominated by the Ohio	53161
osteopathic association. ~~One member shall be the administrator of~~	53162
~~an adult or pediatric trauma center. The governor shall appoint~~	53163
~~this member from among three persons nominated by the OHA: the~~	53164
~~association for hospitals and health systems, three persons~~	53165
~~nominated by the Ohio osteopathic association, three persons~~	53166
~~nominated by the association of Ohio children's hospitals, and~~	53167
~~three persons nominated by the health forum of Ohio.~~ One member	53168
shall be the administrator of a hospital ~~that is not a trauma~~	53169
~~center~~located in this state. The governor shall appoint this	53170
member from among three persons nominated by OHA: the association	53171
for hospitals and health systems, three persons nominated by the	53172
Ohio osteopathic association, and three persons nominated by the	53173
association of Ohio children's hospitals~~, and three persons~~	53174
~~nominated by the health forum of Ohio~~. One member shall be a	53175
registered nurse with EMS certification who ~~is in the active~~	53176
~~practice of emergency nursing~~performs mobile intensive care or	53177
air medical transport. The governor shall appoint this member from	53178
among three persons nominated by the Ohio nurses association,	53179
three persons nominated by the Ohio association of critical care	53180
transport, and three persons nominated by the Ohio state council	53181
of the emergency nurses association. One member shall be the chief	53182
of a fire department that is also an emergency medical service	53183
organization in which more than fifty per cent of the persons who	53184
provide emergency medical services are full-time paid employees.	53185
The governor shall appoint this member from among three persons	53186
nominated by the Ohio fire chiefs' association. One member shall	53187
be the chief of a fire department that is also an emergency	53188
medical service organization in which more than fifty per cent of	53189
the persons who provide emergency medical services are volunteers.	53190
The governor shall appoint this member from among three persons	53191
nominated by the Ohio fire chiefs' association. One member shall	53192
be a person who is certified to teach under section 4765.23 of the	53193
Revised Code ~~or, if the board has not yet certified persons to~~	53194
~~teach under that section, a person who is qualified to be~~	53195
~~certified to teach under that section~~and holds a valid	53196
certificate to practice as an EMT, advanced EMT, or paramedic. The	53197
governor shall appoint this member from among three persons	53198
nominated by the Ohio emergency medical technician instructors	53199
association and the Ohio instructor/coordinators' society. One	53200
member shall be an ~~EMT-basic, one shall be an EMT-I~~EMT, advanced	53201
EMT, or paramedic, and one member shall be a paramedic. The	53202
governor shall appoint these members from among three ~~EMTs-basic,~~	53203
~~three EMTs-I,~~EMTs or advanced EMTs and three paramedics nominated	53204
by the Ohio association of professional fire fighters ~~and three~~	53205
~~EMTs-basic, three EMTs-I, and three paramedics nominated by the~~	53206
~~northern Ohio fire fighters~~. One member shall be an ~~EMT-basic,~~	53207
~~one shall be an EMT-I~~EMT, advanced EMT, or paramedic, and one	53208
member shall be a paramedic ~~whom the~~. The governor shall appoint	53209
these members from among three ~~EMTs-basic, three EMTs-I,~~EMTs or	53210
advanced EMTs and three paramedics nominated by the Ohio state	53211
firefighter's association. One member shall be a person whom the	53212
governor shall appoint from among an ~~EMT-basic, an EMT-I, and~~EMT,	53213
an advanced EMT, or a paramedic nominated by the Ohio association	53214
of emergency medical services or the Ohio ambulance and medical	53215
transportation association. One member shall be an EMT, an	53216
advanced EMT, or a paramedic, whom the governor shall appoint from	53217
among three persons nominated by the Ohio ambulance and medical	53218
transportation association. One member shall be a paramedic, whom	53219
the governor shall appoint from among three persons nominated by	53220
the Ohio ambulance and medical transportation association. ~~The~~	53221
~~governor shall appoint one member who is an EMT-basic, EMT-I, or~~	53222
~~paramedic affiliated with an emergency medical services~~	53223
~~organization. One member shall be a member of the Ohio ambulance~~	53224
~~association whom the governor shall appoint from among three~~	53225
~~persons nominated by the Ohio ambulance association. One member~~	53226
~~shall be a physician certified by the American board of surgery,~~	53227
~~American board of osteopathic surgery, American osteopathic board~~	53228
~~of emergency medicine, or American board of emergency medicine who~~	53229
~~is the chief medical officer of an air medical agency and is~~	53230
~~currently active in providing emergency medical services. The~~	53231
~~governor shall appoint this member from among three persons~~	53232
~~nominated by the Ohio association of air medical services.~~One	53233
member shall be the owner or operator of a private emergency	53234
medical service organization whom the governor shall appoint from	53235
among three persons nominated by the Ohio ambulance and medical	53236
transportation association. One member shall be a provider of	53237
mobile intensive care unit transportation in this state whom the	53238
governor shall appoint from among three persons nominated by the	53239
Ohio association of critical care transport. One member shall be a	53240
provider of air-medical transportation in this state whom the	53241
governor shall appoint from among three persons nominated by the	53242
Ohio association of critical care transport. One member shall be	53243
the owner or operator of a nonemergency medical service	53244
organization in this state that provides ambulette services whom	53245
the governor shall appoint from among three persons nominated by	53246
the Ohio ambulance and medical transportation association.	53247

The governor may refuse to appoint any of the persons	53248
nominated by one or more organizations under division (A)(2) of	53249
this section, except the employee of the department of public	53250
safety designated by the director of public safety under this	53251
section to be a member of the board. In that event, the	53252
organization or organizations shall continue to nominate the	53253
required number of persons until the governor appoints to the	53254
board one or more of the persons nominated by the organization or	53255
organizations.	53256

The director of public safety shall designate an employee of	53257
the department of public safety to serve as a member of the board	53258
at the director's pleasure. This member shall serve as a liaison	53259
between the department and the division of emergency medical	53260
services in cooperation with the executive director of the board.	53261

~~Initial appointments to the board by the governor and the~~	53262
~~director of public safety shall be made within ninety days after~~	53263
~~November 12, 1992. Of the initial appointments by the governor,~~	53264
~~five shall be for terms ending one year after November 12, 1992,~~	53265
~~six shall be for terms ending two years after November 12, 1992,~~	53266
~~and six shall be for terms ending three years after November 12,~~	53267
~~1992. Within ninety days after the effective date of this~~	53268
~~amendment, the governor shall appoint the member of the board who~~	53269
~~is the chief medical officer of an air medical agency for an~~	53270
~~initial term ending November 12, 2000. Thereafter, terms~~	53271

(B) Terms of office of all members appointed by the governor	53272
shall be for three years, each term ending on the same day of the	53273
same month as did the term it succeeds. Each member shall hold	53274
office from the date of appointment until the end of the term for	53275
which the member was appointed. A member shall continue in office	53276
subsequent to the expiration date of the member's term until the	53277
member's successor takes office, or until a period of sixty days	53278
has elapsed, whichever occurs first.	53279

Each vacancy shall be filled in the same manner as the	53280
original appointment. A member appointed to fill a vacancy	53281
occurring prior to the expiration of the term for which the	53282
member's predecessor was appointed shall hold office for the	53283
remainder of the unexpired term.	53284

The term of a member shall expire if the member ceases to	53285
meet any of the requirements to be appointed as that member. The	53286
governor may remove any member from office for neglect of duty,	53287
malfeasance, misfeasance, or nonfeasance, after an adjudication	53288
hearing held in accordance with Chapter 119. of the Revised Code.	53289

(C) The members of the board shall serve without compensation	53290
but shall be reimbursed for their actual and necessary expenses	53291
incurred in carrying out their duties as board members.	53292

(D) The board shall organize by annually selecting a chair	53293
and vice-chair from among its members. The board may adopt bylaws	53294
to regulate its affairs. A majority of all members of the board	53295
shall constitute a quorum. No action shall be taken without the	53296
concurrence of a majority of all members of the board. The board	53297
shall meet at least four times annually and at the call of the	53298
chair. The chair shall call a meeting on the request of the	53299
executive director or the medical director of the board or on the	53300
written request of five members. The board shall maintain written	53301
or electronic records of its meetings.	53302

(E) Upon twenty-four hours' notice from a member of the	53303
board, the member's employer shall release the member from the	53304
member's employment duties to attend meetings of the full board.	53305
Nothing in this ~~paragraph~~division requires the employer of a	53306
member of the board to compensate the member for time the member	53307
is released from employment duties under this paragraph, but any	53308
civil immunity, workers' compensation, disability, or similar	53309
coverage that applies to a member of the board as a result of the	53310
member's employment shall continue to apply while the member is	53311
released from employment duties under this paragraph.	53312

Sec. 4765.03. (A) The director of public safety shall	53313
appoint a full-time executive director for the state board of	53314
emergency medical and transportation services. The executive	53315
director shall be knowledgeable in emergency medical services and	53316
trauma care and shall serve at the pleasure of the director of	53317
public safety. The director of public safety shall appoint the	53318
executive director from among three persons nominated by the	53319
board. The director of public safety may refuse, for cause, to	53320
appoint any of the board's nominees. If the director fails to	53321
appoint any of the board's nominees, the board shall continue to	53322
nominate groups of three persons until the director does appoint	53323
one of the board's nominees. The executive director shall serve as	53324
the chief executive officer of the board and as the executive	53325
director of the division of emergency medical services. The	53326
executive director shall attend each meeting of the board, except	53327
the board may exclude the executive director from discussions	53328
concerning the employment or performance of the executive director	53329
or medical director of the board. The executive director shall	53330
give a surety bond to the state in such sum as the board	53331
determines, conditioned on the faithful performance of the duties	53332
of the executive director's office. The executive director shall	53333
receive a salary from the board and shall be reimbursed for actual	53334
and necessary expenses incurred in carrying out duties as	53335
executive director.	53336

The executive director shall submit a report to the director	53337
of public safety at least every three months regarding the status	53338
of emergency medical services in this state. The executive	53339
director shall meet with the director of public safety at the	53340
director's request.	53341

(B) The board shall appoint a medical director, who shall	53342
serve at the pleasure of the board. The medical director shall be	53343
a physician certified by the American board of emergency medicine	53344
or the American osteopathic board of emergency medicine who is	53345
active in the practice of emergency medicine and has been actively	53346
involved with an emergency medical service organization for at	53347
least five years prior to being appointed. The board shall	53348
consider any recommendations for this appointment from the Ohio	53349
chapter of the American college of emergency physicians, the Ohio	53350
chapter of the American college of surgeons, the Ohio chapter of	53351
the American academy of pediatrics, the Ohio osteopathic	53352
association, and the Ohio state medical association.	53353

The medical director shall direct the executive director and	53354
advise the board with regard to adult and pediatric trauma and	53355
emergency medical services issues. The medical director shall	53356
attend each meeting of the board, except the board may exclude the	53357
medical director from discussions concerning the appointment or	53358
performance of the medical director or executive director of the	53359
board. The medical director shall be employed and paid by the	53360
board and shall be reimbursed for actual and necessary expenses	53361
incurred in carrying out duties as medical director.	53362

(C) The board may appoint employees as it determines	53363
necessary. The board shall prescribe the duties and titles of its	53364
employees.	53365

Sec. 4765.04. (A) The firefighter and fire safety inspector	53366
training committee of the state board of emergency medical, fire,	53367
and transportation services is hereby created and shall consist of	53368
the members of the board who are chiefs of fire departments, and	53369
the members of the board who are emergency medical	53370
technicians-basic, emergency medical technicians-intermediate, and	53371
emergency medical technicians-paramedic appointed from among	53372
persons nominated by the Ohio association of professional fire	53373
fighters or the northern Ohio fire fighters and from among persons	53374
nominated by the Ohio state firefighter's association. Each member	53375
of the committee, except the chairperson, may designate a person	53376
with fire experience to serve in that member's place. The members	53377
of the committee or their designees shall select a chairperson	53378
from among the members or their designees.	53379

The committee may conduct investigations in the course of	53380
discharging its duties under this chapter. In the course of an	53381
investigation, the committee may issue subpoenas. If a person	53382
subpoenaed fails to comply with the subpoena, the committee may	53383
authorize its chairperson to apply to the court of common pleas in	53384
the county where the person to be subpoenaed resides for an order	53385
compelling compliance in the same manner as compliance with a	53386
subpoena issued by the court is compelled.	53387

(B) The trauma committee of the state board of emergency	53388
medical, fire, and transportation services is hereby created and	53389
shall consist of the following members appointed by the director	53390
of public safety:	53391

(1) A physician who is certified by the American board of	53392
surgery or American osteopathic board of surgery and actively	53393
practices general trauma surgery, appointed from among three	53394
persons nominated by the Ohio chapter of the American college of	53395
surgeons, three persons nominated by the Ohio state medical	53396
association, and three persons nominated by the Ohio osteopathic	53397
association;	53398

(2) A physician who is certified by the American board of	53399
surgery or the American osteopathic board of surgery and actively	53400
practices orthopedic trauma surgery, appointed from among three	53401
persons nominated by the Ohio orthopedic society and three persons	53402
nominated by the Ohio osteopathic association;	53403

(3) A physician who is certified by the American board of	53404
neurological surgeons or the American osteopathic board of surgery	53405
and actively practices neurosurgery on trauma victims, appointed	53406
from among three persons nominated by the Ohio state neurological	53407
society and three persons nominated by the Ohio osteopathic	53408
association;	53409

(4) A physician who is certified by the American board of	53410
surgeons or American osteopathic board of surgeons and actively	53411
specializes in treating burn victims, appointed from among three	53412
persons nominated by the Ohio chapter of the American college of	53413
surgeons and three persons nominated by the Ohio osteopathic	53414
association;	53415

(5) A dentist who is certified by the American board of oral	53416
and maxillofacial surgery and actively practices oral and	53417
maxillofacial surgery, appointed from among three persons	53418
nominated by the Ohio dental association;	53419

(6) A physician who is certified by the American board of	53420
physical medicine and rehabilitation or American osteopathic board	53421
of rehabilitation medicine and actively provides rehabilitative	53422
care to trauma victims, appointed from among three persons	53423
nominated by the Ohio society of physical medicine and	53424
rehabilitation and three persons nominated by the Ohio osteopathic	53425
association;	53426

(7) A physician who is certified by the American board of	53427
surgery or American osteopathic board of surgery with special	53428
qualifications in pediatric surgery and actively practices	53429
pediatric trauma surgery, appointed from among three persons	53430
nominated by the Ohio chapter of the American academy of	53431
pediatrics and three persons nominated by the Ohio osteopathic	53432
association;	53433

(8) A physician who is certified by the American board of	53434
emergency medicine or American osteopathic board of emergency	53435
medicine, actively practices emergency medicine, and is actively	53436
involved in emergency medical services, appointed from among three	53437
persons nominated by the Ohio chapter of the American college of	53438
emergency physicians and three persons nominated by the Ohio	53439
osteopathic association;	53440

(9) A physician who is certified by the American board of	53441
pediatrics, American osteopathic board of pediatrics, or American	53442
board of emergency medicine, is sub-boarded in pediatric emergency	53443
medicine, actively practices pediatric emergency medicine, and is	53444
actively involved in emergency medical services, appointed from	53445
among three persons nominated by the Ohio chapter of the American	53446
academy of pediatrics, three persons nominated by the Ohio chapter	53447
of the American college of emergency physicians, and three persons	53448
nominated by the Ohio osteopathic association;	53449

(10) A physician who is certified by the American board of	53450
surgery, American osteopathic board of surgery, or American board	53451
of emergency medicine and is the chief medical officer of an air	53452
medical organization, appointed from among three persons nominated	53453
by the Ohio association of air medical services;	53454

(11) A coroner or medical examiner appointed from among three	53455
people nominated by the Ohio state coroners' association;	53456

(12) A registered nurse who actively practices trauma nursing	53457
at an adult or pediatric trauma center, appointed from among three	53458
persons nominated by the Ohio association of trauma nurse	53459
coordinators;	53460

(13) A registered nurse who actively practices emergency	53461
nursing and is actively involved in emergency medical services,	53462
appointed from among three persons nominated by the Ohio chapter	53463
of the emergency nurses' association;	53464

(14) The chief trauma registrar of an adult or pediatric	53465
trauma center, appointed from among three persons nominated by the	53466
alliance of Ohio trauma registrars;	53467

(15) The administrator of an adult or pediatric trauma	53468
center, appointed from among three persons nominated by OHA: the	53469
association for hospitals and health systems, three persons	53470
nominated by the Ohio osteopathic association, three persons	53471
nominated by the association of Ohio children's hospitals, and	53472
three persons nominated by the health forum of Ohio;	53473

(16) The administrator of a hospital that is not a trauma	53474
center and actively provides emergency care to adult or pediatric	53475
trauma patients, appointed from among three persons nominated by	53476
OHA: the association for hospitals and health systems, three	53477
persons nominated by the Ohio osteopathic association, three	53478
persons nominated by the association of Ohio children's hospitals,	53479
and three persons nominated by the health forum of Ohio;	53480

(17) The operator of an ambulance company that actively	53481
provides trauma care to emergency patients, appointed from among	53482
three persons nominated by the Ohio ambulance association;	53483

(18) The chief of a fire department that actively provides	53484
trauma care to emergency patients, appointed from among three	53485
persons nominated by the Ohio fire chiefs' association;	53486

(19) An EMT or paramedic who is certified under this chapter	53487
and actively provides trauma care to emergency patients, appointed	53488
from among three persons nominated by the Ohio association of	53489
professional firefighters, three persons nominated by the northern	53490
Ohio fire fighters, three persons nominated by the Ohio state	53491
firefighters' association, and three persons nominated by the Ohio	53492
association of emergency medical services;	53493

(20) A person who actively advocates for trauma victims,	53494
appointed from three persons nominated by the Ohio brain injury	53495
association and three persons nominated by the governor's council	53496
on people with disabilities;	53497

(21) A physician or nurse who has substantial administrative	53498
responsibility for trauma care provided in or by an adult or	53499
pediatric trauma center, appointed from among three persons	53500
nominated by OHA: the association for hospitals and health	53501
systems, three persons nominated by the Ohio osteopathic	53502
association, three persons nominated by the association of Ohio	53503
children's hospitals, and three persons nominated by the health	53504
forum of Ohio;	53505

(22) Three representatives of hospitals that are not trauma	53506
centers and actively provide emergency care to trauma patients,	53507
appointed from among three persons nominated by OHA: the	53508
association for hospitals and health systems, three persons	53509
nominated by the Ohio osteopathic association, three persons	53510
nominated by the association of Ohio children's hospitals, and	53511
three persons nominated by the health forum of Ohio. The	53512
representatives may be hospital administrators, physicians,	53513
nurses, or other clinical professionals.	53514

Members of the committee shall have substantial experience in	53515
the categories they represent, shall be residents of this state,	53516
and may be members of the state board of emergency medical, fire,	53517
and transportation services. In appointing members of the	53518
committee, the director shall attempt to include members	53519
representing urban and rural areas, various geographical areas of	53520
the state, and various schools of training. The director shall not	53521
appoint to the committee more than one member who is employed by	53522
or practices at the same hospital, health system, or emergency	53523
medical service organization.	53524

The director may refuse to appoint any of the persons	53525
nominated by an organization or organizations under this division.	53526
In that event, the organization or organizations shall continue to	53527
nominate the required number of persons until the director	53528
appoints to the committee one or more of the persons nominated by	53529
the organization or organizations.	53530

Initial appointments to the committee shall be made by the	53531
director not later than ninety days after November 3, 2000.	53532
Members of the committee shall serve at the pleasure of the	53533
director, except that any member of the committee who ceases to be	53534
qualified for the position to which the member was appointed shall	53535
cease to be a member of the committee. Vacancies on the committee	53536
shall be filled in the same manner as original appointments.	53537

The members of the committee shall serve without compensation	53538
but shall be reimbursed for actual and necessary expenses incurred	53539
in carrying out duties as members of the committee.	53540

The committee shall select a chairperson and vice-chairperson	53541
from among its members. A majority of all members of the committee	53542
shall constitute a quorum. No action shall be taken without the	53543
concurrence of a majority of all members of the committee. The	53544
committee shall meet at the call of the chair, upon written	53545
request of five members of the committee, and at the direction of	53546
the state board of emergency medical, fire, and transportation	53547
services. The committee shall not meet at times or locations that	53548
conflict with meetings of the board. The executive director and	53549
medical director of the state board of emergency medical, fire,	53550
and transportation services may participate in any meeting of the	53551
committee and shall do so at the request of the committee.	53552

The committee shall advise and assist the state board of	53553
emergency medical, fire, and transportation services in matters	53554
related to adult and pediatric trauma care and the establishment	53555
and operation of the state trauma registry. In matters relating to	53556
the state trauma registry, the board and the committee shall	53557
consult with trauma registrars from adult and pediatric trauma	53558
centers in the state. The committee may appoint a subcommittee to	53559
advise and assist with the trauma registry. The subcommittee may	53560
include persons with expertise relevant to the trauma registry who	53561
are not members of the board or committee.	53562

(C) The state board of emergency medical, fire, and	53563
transportation services may appoint other committees and	53564
subcommittees as it considers necessary.	53565

(D) The state board of emergency medical, fire, and	53566
transportation services, and any of its committees or	53567
subcommittees, may request assistance from any state agency. The	53568
board and its committees and subcommittees may permit persons who	53569
are not members of those bodies to participate in deliberations of	53570
those bodies, but no person who is not a member of the board shall	53571
vote on the board and no person who is not a member of a committee	53572
created under division (A) or (B) of this section shall vote on	53573
that committee.	53574

(E) Sections 101.82 to 101.87 of the Revised Code do not	53575
apply to the committees established under division (A) or (B) of	53576
this section.	53577

Sec. 4765.05. (A) As used in this section, "prehospital	53578
emergency medical services" means an emergency medical services	53579
system that provides medical services to patients who require	53580
immediate assistance, because of illness or injury, prior to their	53581
arrival at an emergency medical facility.	53582

(B) The state board of emergency medical, fire, and	53583
transportation services shall divide the state geographically into	53584
prehospital emergency medical services regions for purposes of	53585
overseeing the delivery of adult and pediatric prehospital	53586
emergency medical services. For each prehospital emergency medical	53587
services region, the state board of emergency medical, fire, and	53588
transportation services shall appoint either a physician to serve	53589
as the regional director or a physician advisory board to serve as	53590
the regional advisory board. The state board of emergency medical,	53591
fire, and transportation services shall specify the duties of each	53592
regional director and regional advisory board. Regional directors	53593
and members of regional advisory boards shall serve without	53594
compensation, but shall be reimbursed for actual and necessary	53595
expenses incurred in carrying out duties as regional directors and	53596
members of regional advisory boards.	53597

(C) Nothing in this section shall be construed to limit in	53598
any way the ability of a hospital to determine the market area of	53599
that hospital.	53600

Sec. 4765.06. (A) The state board of emergency medical,	53601
fire, and transportation services shall establish an emergency	53602
medical services incidence reporting system for the collection of	53603
information regarding the delivery of emergency medical services	53604
in this state and the frequency at which the services are	53605
provided. All emergency medical service organizations shall submit	53606
to the board any information that the board determines is	53607
necessary for maintaining the incidence reporting system.	53608

(B) The board shall establish a state trauma registry to be	53609
used for the collection of information regarding the care of adult	53610
and pediatric trauma victims in this state. The registry shall	53611
provide for the reporting of adult and pediatric trauma-related	53612
deaths, identification of adult and pediatric trauma patients,	53613
monitoring of adult and pediatric trauma patient care data,	53614
determination of the total amount of uncompensated adult and	53615
pediatric trauma care provided annually by each facility that	53616
provides care to trauma victims, and collection of any other	53617
information specified by the board. All persons designated by the	53618
board shall submit to the board any information it determines is	53619
necessary for maintaining the state trauma registry. At the	53620
request of the board any state agency possessing information	53621
regarding adult or pediatric trauma care shall provide the	53622
information to the board. The board shall maintain the state	53623
trauma registry in accordance with rules adopted under section	53624
4765.11 of the Revised Code.	53625

Rules relating to the state trauma registry adopted under	53626
this section and section 4765.11 of the Revised Code shall not	53627
prohibit the operation of other trauma registries and may provide	53628
for the reporting of information to the state trauma registry by	53629
or through other trauma registries in a manner consistent with	53630
information otherwise reported to the state trauma registry. Other	53631
trauma registries may report aggregate information to the state	53632
trauma registry, provided the information can be matched to the	53633
person that reported it. Information maintained by another trauma	53634
registry and reported to the state trauma registry in lieu of	53635
being reported directly to the state trauma registry is a public	53636
record and shall be maintained, made available to the public, held	53637
in confidence, risk adjusted, and not subject to discovery or	53638
introduction into evidence in a civil action as provided in	53639
section 149.43 of the Revised Code and this section. Any person	53640
who provides, maintains, or risk adjusts such information shall	53641
comply with this section and rules adopted under it in performing	53642
that function and has the same immunities with respect to that	53643
function as a person who performs that function with respect to	53644
the state trauma registry.	53645

(C) The board and any employee or contractor of the board or	53646
the department of public safety shall not make public information	53647
it receives under Chapter 4765. of the Revised Code that	53648
identifies or would tend to identify a specific recipient of	53649
emergency medical services or adult or pediatric trauma care.	53650

(D) Not later than two years after ~~the effective date of this~~	53651
~~amendment~~November3, 2000, the board shall adopt and implement	53652
rules under section 4765.11 of the Revised Code that provide	53653
written standards and procedures for risk adjustment of	53654
information received by the board under Chapter 4765. of the	53655
Revised Code. The rules shall be developed in consultation with	53656
appropriate medical, hospital, and emergency medical service	53657
organizations and may provide for risk adjustment by a contractor	53658
of the board. Before risk adjustment standards and procedures are	53659
implemented, no member of the board and no employee or contractor	53660
of the board or the department of public safety shall make public	53661
information received by the board under Chapter 4765. of the	53662
Revised Code that identifies or would tend to identify a specific	53663
provider of emergency medical services or adult or pediatric	53664
trauma care. After risk adjustment standards and procedures are	53665
implemented, the board shall make public such information only on	53666
a risk adjusted basis.	53667

(E) The board shall adopt rules under section 4765.11 of the	53668
Revised Code that specify procedures for ensuring the	53669
confidentiality of information that is not to be made public under	53670
this section. The rules shall specify the circumstances in which	53671
deliberations of the persons performing risk adjustment functions	53672
under this section are not open to the public and records of those	53673
deliberations are maintained in confidence. Nothing in this	53674
section prohibits the board from making public statistical	53675
information that does not identify or tend to identify a specific	53676
recipient or provider of emergency medical services or adult or	53677
pediatric trauma care.	53678

(F) No provider that furnishes information to the board with	53679
respect to any patient the provider examined or treated shall,	53680
because of this furnishing, be deemed liable in damages to any	53681
person or be held to answer for betrayal of a professional	53682
confidence in the absence of willful or wanton misconduct. No such	53683
information shall be subject to introduction in evidence in any	53684
civil action against the provider. No provider that furnishes	53685
information to the board shall be liable for the misuse or	53686
improper release of the information by the board or any other	53687
person.	53688

No person who performs risk adjustment functions under this	53689
section shall, because of performing such functions, be held	53690
liable in a civil action for betrayal of professional confidence	53691
or otherwise in the absence of willful or wanton misconduct.	53692

Sec. 4765.07. (A) The state board of emergency medical,	53693
fire, and transportation services shall adopt rules under section	53694
4765.11 of the Revised Code to establish and administer a grant	53695
program under which grants are distributed according to the	53696
following priorities:	53697

(1) First priority shall be given to emergency medical	53698
service organizations for the training of personnel, for the	53699
purchase of equipment and vehicles, and to improve the	53700
availability, accessibility, and quality of emergency medical	53701
services in this state. In this category, the board shall give	53702
priority to grants that fund training and equipping of emergency	53703
medical service personnel.	53704

(2) Second priority shall be given to entities that research,	53705
test, and evaluate medical procedures and systems related to adult	53706
and pediatric trauma care.	53707

(3) Third priority shall be given to entities that research	53708
the causes, nature, and effects of traumatic injuries, educate the	53709
public about injury prevention, and implement, test, and evaluate	53710
injury prevention strategies.	53711

(4) Fourth priority shall be given to entities that research,	53712
test, and evaluate procedures that promote the rehabilitation,	53713
retraining, and reemployment of adult or pediatric trauma victims	53714
and social service support mechanisms for adult or pediatric	53715
trauma victims and their families.	53716

(5) Fifth priority shall be given to entities that conduct	53717
research on, test, or evaluate one or more of the following:	53718

(a) Procedures governing the performance of emergency medical	53719
services in this state;	53720

(b) The training of emergency medical service personnel;

53721

53722

(6) For grants distributed for the grant award years	53723
occurring not later than the award year ending June 30, 2017,	53724
sixth priority shall be given to entities that operate paramedic	53725
training programs and are seeking national accreditation of the	53726
programs.	53727

(B) To be eligible for a grant distributed pursuant to	53728
division (A)(6) of this section, an applicant for the grant shall	53729
meet all of the following conditions:	53730

(1) Hold a certificate of accreditation issued by the board	53731
under section 4765.17 of the Revised Code to operate a paramedic	53732
training program;	53733

(2) Be seeking initial national accreditation of the program	53734
from an accrediting organization approved by the board;	53735

(3) Apply for the national accreditation on or after February	53736
25, 2010.	53737

(C) The grant program shall be funded from the trauma and	53738
emergency medical services ~~grants~~ fund created by section 4513.263	53739
of the Revised Code.	53740

Sec. 4765.08. The state board of emergency medical, fire,	53741
and transportation services shall prepare a statewide emergency	53742
medical services plan and shall revise the plan as necessary.	53743

The board shall prepare a plan for the statewide regulation	53744
of emergency medical services during periods of disaster. The plan	53745
shall be consistent with the statewide emergency medical services	53746
plan required under this section and with the statewide emergency	53747
operations plan required under section 5502.22 of the Revised	53748
Code. The board shall submit the plan to the emergency management	53749
agency created under section 5502.22 of the Revised Code. The	53750
board shall cooperate with the agency in any other manner the	53751
agency considers necessary to develop and implement the statewide	53752
emergency operations plan.	53753

Sec. 4765.09. The state board of emergency medical, fire,	53754
and transportation services shall prepare recommendations for the	53755
operation of ambulance service organizations, air medical	53756
organizations, and emergency medical service organizations. Within	53757
thirty days following the preparation or modification of	53758
recommendations, the board shall notify the board of county	53759
commissioners of any county, the board of township trustees of any	53760
township, the board of trustees of any joint ambulance district,	53761
or the board of trustees of any joint emergency medical services	53762
district in which there exist ambulance service organizations, air	53763
medical organizations, or emergency medical service organizations	53764
of any board recommendations for the operation of such	53765
organizations. The recommendations shall include, but not be	53766
limited to:	53767

(A) The definition and classification of ambulances and	53768
medical aircraft;	53769

(B) The design, equipment, and supplies for ambulances and	53770
medical aircraft, including special equipment, supplies, training,	53771
and staffing required to assist pediatric and geriatric emergency	53772
victims;	53773

(C) The minimum number and type of personnel for the	53774
operation of ambulances and medical aircraft;	53775

(D) The communication systems necessary for the operation of	53776
ambulances and medical aircraft;	53777

(E) Reports to be made by persons holding certificates of	53778
accreditation or approval issued under section 4765.17 of the	53779
Revised Code and certificates to practice issued under section	53780
4765.30 of the Revised Code to ascertain compliance with this	53781
chapter and the rules and recommendations adopted thereunder and	53782
to ascertain the quantity and quality of ambulance service	53783
organizations, air medical organizations, and emergency medical	53784
service organizations throughout the state.	53785

Sec. 4765.10. (A) The state board of emergency medical,	53786
fire, and transportation services shall do all of the following:	53787

(1) Administer and enforce the provisions of this chapter and	53788
the rules adopted under it;	53789

(2) Approve, in accordance with procedures established in	53790
rules adopted under section 4765.11 of the Revised Code,	53791
examinations that demonstrate competence to have a certificate to	53792
practice renewed without completing a continuing education	53793
program;	53794

(3) Advise applicants for state or federal emergency medical	53795
services funds, review and comment on applications for these	53796
funds, and approve the use of all state and federal funds	53797
designated solely for emergency medical service programs unless	53798
federal law requires another state agency to approve the use of	53799
all such federal funds;	53800

(4) Serve as a statewide clearinghouse for discussion,	53801
inquiry, and complaints concerning emergency medical services;	53802

(5) Make recommendations to the general assembly on	53803
legislation to improve the delivery of emergency medical services;	53804

(6) Maintain a toll-free long distance telephone number	53805
through which it shall respond to questions about emergency	53806
medical services;	53807

(7) Work with appropriate state offices in coordinating the	53808
training of firefighters and emergency medical service personnel.	53809
Other state offices that are involved in the training of	53810
firefighters or emergency medical service personnel shall	53811
cooperate with the board and its committees and subcommittees to	53812
achieve this goal.	53813

(8) Provide a liaison to the state emergency operation center	53814
during those periods when a disaster, as defined in section	53815
5502.21 of the Revised Code, has occurred in this state and the	53816
governor has declared an emergency as defined in that section.	53817

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

53818

(1) Investigate complaints concerning emergency medical	53819
services and emergency medical service organizations as it	53820
determines necessary;	53821

(2) Enter into reciprocal agreements with other states that	53822
have standards for accreditation of emergency medical services	53823
training programs and for certification of first responders,	53824
EMTs-basic, EMTs-I, paramedics, firefighters, or fire safety	53825
inspectors that are substantially similar to those established	53826
under this chapter and the rules adopted under it;	53827

(3) Establish a statewide public information system and	53828
public education programs regarding emergency medical services;	53829

(4) Establish an injury prevention program.

53830

Sec. 4765.101. (A) The state board of emergency medical,	53831
fire, and transportation services shall investigate any allegation	53832
that a person has violated this chapter or a rule adopted under	53833
it.	53834

Any person may submit to the board a written complaint	53835
regarding an alleged violation of this chapter or a rule adopted	53836
under it. In the absence of fraud or bad faith, no person	53837
submitting a complaint to the board or testifying in an	53838
adjudication hearing conducted in accordance with Chapter 119. of	53839
the Revised Code with regard to such an alleged violation shall be	53840
liable to any person in damages in a civil action as a result of	53841
submitting the complaint or providing testimony.	53842

(B) In investigating an allegation, the board may do any of	53843
the following:	53844

(1) Administer oaths;

53845

(2) Order the taking of depositions;

53846

(3) Issue subpoenas;

53847

(4) Compel the attendance of witnesses and production of	53848
books, accounts, papers, records, documents, and testimony.	53849

(C) A subpoena for patient record information shall not be	53850
issued without consultation with the attorney general's office and	53851
approval of the executive director of the board. Before issuance	53852
of a subpoena for patient record information, the executive	53853
director shall determine whether there is probable cause to	53854
believe that the complaint filed alleges a violation of this	53855
chapter or any rule adopted under it and that the records sought	53856
are relevant to the alleged violation and material to the	53857
investigation. The subpoena may apply only to records that cover a	53858
reasonable period of time surrounding the alleged violation.	53859

(D) On failure to comply with any subpoena issued by the	53860
board and after reasonable notice to the person being subpoenaed,	53861
the board may move, pursuant to the Rules of Civil Procedure, for	53862
an order compelling the production of persons or records.	53863

(E) A subpoena issued by the board may be served by a	53864
sheriff, the sheriff's deputy, or an investigator for the division	53865
of emergency medical services of the department of public safety.	53866
Service of a subpoena issued by the board may be made by	53867
delivering a copy of the subpoena to the person named in it,	53868
reading it to the person, or leaving it at the person's usual	53869
place of residence. When the person being served is an individual	53870
authorized by this chapter to practice emergency medical services,	53871
service of the subpoena may be made by certified mail, restricted	53872
delivery, return receipt requested, and the subpoena shall be	53873
deemed served on the date delivery is made or on the date that the	53874
person refuses to accept delivery.	53875

Sec. 4765.102. (A) As used in this section, "licensing	53876
agency" means any entity that has the authority pursuant to Title	53877
XLVII of the Revised Code to issue a license, and any other agency	53878
of this or another state, other than the Ohio supreme court, that	53879
has the authority to issue a license that authorizes an individual	53880
to engage in an occupation or profession. "Licensing agency"	53881
includes an administrative officer that has authority to issue a	53882
license that authorizes an individual to engage in an occupation	53883
or profession.	53884

(B) Except as provided in divisions (C) and (D) of this	53885
section and section 4765.111 of the Revised Code, all information	53886
the state board of emergency medical, fire, and transportation	53887
services receives pursuant to an investigation, including	53888
information regarding an alleged violation of this chapter or	53889
rules adopted under it or a complaint submitted under division (A)	53890
of section 4765.101 of the Revised Code, is confidential, and is	53891
not subject to discovery in any civil action, during the course of	53892
the investigation and any adjudication proceedings that result	53893
from the investigation. Upon completion of the investigation and	53894
any resulting adjudication proceedings, the information is a	53895
matter of public record for purposes of section 149.43 of the	53896
Revised Code.	53897

(C) The board may release information otherwise made	53898
confidential by division (B) of this section to law enforcement	53899
officers or licensing agencies of this or another state that are	53900
prosecuting, adjudicating, or investigating the holder of a	53901
certificate issued under this chapter or a person who allegedly	53902
engaged in the unauthorized provision of emergency medical	53903
services.	53904

A law enforcement officer or licensing agency with	53905
information disclosed by the board under this division shall not	53906
divulge the information other than for the purpose of an	53907
adjudication by a court or licensing agency to which the subject	53908
of the adjudication is a party.	53909

(D) If an investigation conducted under section 4765.101 of	53910
the Revised Code requires a review of patient records, the	53911
investigation and proceedings related to it shall be conducted in	53912
such a manner as to protect patient confidentiality. The board	53913
shall not make public the name or any other identifying	53914
information about a patient unless proper consent is given in	53915
accordance with rules adopted by the board. If the patient is less	53916
than eighteen years of age, the board shall obtain consent from	53917
the patient's parent, guardian, or custodian.	53918

Sec. 4765.11. (A) The state board of emergency medical,	53919
fire, and transportation services shall adopt, and may amend and	53920
rescind, rules in accordance with Chapter 119. of the Revised Code	53921
and division (C) of this section that establish all of the	53922
following:	53923

(1) Procedures for its governance and the control of its	53924
actions and business affairs;	53925

(2) Standards for the performance of emergency medical	53926
services by first responders, emergency medical technicians-basic,	53927
emergency medical technicians-intermediate, and emergency medical	53928
technicians-paramedic;	53929

(3) Application fees for certificates of accreditation,	53930
certificates of approval, certificates to teach, and certificates	53931
to practice, which shall be deposited into the trauma and	53932
emergency medical services fund created in section 4513.263 of the	53933
Revised Code;	53934

(4) Criteria for determining when the application or renewal	53935
fee for a certificate to practice may be waived because an	53936
applicant cannot afford to pay the fee;	53937

(5) Procedures for issuance and renewal of certificates of	53938
accreditation, certificates of approval, certificates to teach,	53939
and certificates to practice, including any procedures necessary	53940
to ensure that adequate notice of renewal is provided in	53941
accordance with division (D) of section 4765.30 of the Revised	53942
Code;	53943

(6) Procedures for suspending or revoking certificates of	53944
accreditation, certificates of approval, certificates to teach,	53945
and certificates to practice;	53946

(7) Grounds for suspension or revocation of a certificate to	53947
practice issued under section 4765.30 of the Revised Code and for	53948
taking any other disciplinary action against a first responder,	53949
EMT-basic, EMT-I, or paramedic;	53950

(8) Procedures for taking disciplinary action against a first	53951
responder, EMT-basic, EMT-I, or paramedic;	53952

(9) Standards for certificates of accreditation and	53953
certificates of approval;	53954

(10) Qualifications for certificates to teach;

53955

(11) Requirements for a certificate to practice;

53956

(12) The curricula, number of hours of instruction and	53957
training, and instructional materials to be used in adult and	53958
pediatric emergency medical services training programs and adult	53959
and pediatric emergency medical services continuing education	53960
programs;	53961

(13) Procedures for conducting courses in recognizing	53962
symptoms of life-threatening allergic reactions and in calculating	53963
proper dosage levels and administering injections of epinephrine	53964
to adult and pediatric patients who suffer life-threatening	53965
allergic reactions;	53966

(14) Examinations for certificates to practice;

53967

(15) Procedures for administering examinations for	53968
certificates to practice;	53969

(16) Procedures for approving examinations that demonstrate	53970
competence to have a certificate to practice renewed without	53971
completing an emergency medical services continuing education	53972
program;	53973

(17) Procedures for granting extensions and exemptions of	53974
emergency medical services continuing education requirements;	53975

(18) Procedures for approving the additional emergency	53976
medical services first responders are authorized by division (C)	53977
of section 4765.35 of the Revised Code to perform, EMTs-basic are	53978
authorized by division (C) of section 4765.37 of the Revised Code	53979
to perform, EMTs-I are authorized by division (B)(5) of section	53980
4765.38 of the Revised Code to perform, and paramedics are	53981
authorized by division (B)(6) of section 4765.39 of the Revised	53982
Code to perform;	53983

(19) Standards and procedures for implementing the	53984
requirements of section 4765.06 of the Revised Code, including	53985
designations of the persons who are required to report information	53986
to the board and the types of information to be reported;	53987

(20) Procedures for administering the emergency medical	53988
services grant program established under section 4765.07 of the	53989
Revised Code;	53990

(21) Procedures consistent with Chapter 119. of the Revised	53991
Code for appealing decisions of the board;	53992

(22) Minimum qualifications and peer review and quality	53993
improvement requirements for persons who provide medical direction	53994
to emergency medical service personnel;	53995

(23) The manner in which a patient, or a patient's parent,	53996
guardian, or custodian may consent to the board releasing	53997
identifying information about the patient under division (D) of	53998
section 4765.102 of the Revised Code;	53999

(24) Circumstances under which a training program or	54000
continuing education program, or portion of either type of	54001
program, may be taught by a person who does not hold a certificate	54002
to teach issued under section 4765.23 of the Revised Code;	54003

(25) Certification cycles for certificates issued under	54004
sections 4765.23 and 4765.30 of the Revised Code and certificates	54005
issued by the executive director of the state board of emergency	54006
medical, fire, and transportation services under section 4765.55	54007
of the Revised Code that establish a common expiration date for	54008
all certificates.	54009

(B) The board may adopt, and may amend and rescind, rules in	54010
accordance with Chapter 119. of the Revised Code and division (C)	54011
of this section that establish the following:	54012

(1) Specifications of information that may be collected under	54013
the trauma system registry and incidence reporting system created	54014
under section 4765.06 of the Revised Code;	54015

(2) Standards and procedures for implementing any of the	54016
recommendations made by any committees of the board or under	54017
section 4765.04 of the Revised Code;	54018

(3) Requirements that a person must meet to receive a	54019
certificate to practice as a first responder pursuant to division	54020
(A)(2) of section 4765.30 of the Revised Code;	54021

(4) Any other rules necessary to implement this chapter.

54022

(C) In developing and administering rules adopted under this	54023
chapter, the state board of emergency medical, fire, and	54024
transportation services shall consult with regional directors and	54025
regional physician advisory boards created by section 4765.05 of	54026
the Revised Code and emphasize the special needs of pediatric and	54027
geriatric patients.	54028

(D) Except as otherwise provided in this division, before	54029
adopting, amending, or rescinding any rule under this chapter, the	54030
board shall submit the proposed rule to the director of public	54031
safety for review. The director may review the proposed rule for	54032
not more than sixty days after the date it is submitted. If,	54033
within this sixty-day period, the director approves the proposed	54034
rule or does not notify the board that the rule is disapproved,	54035
the board may adopt, amend, or rescind the rule as proposed. If,	54036
within this sixty-day period, the director notifies the board that	54037
the proposed rule is disapproved, the board shall not adopt,	54038
amend, or rescind the rule as proposed unless at least twelve	54039
members of the board vote to adopt, amend, or rescind it.	54040

This division does not apply to an emergency rule adopted in	54041
accordance with section 119.03 of the Revised Code.	54042

Sec. 4765.111. Except as provided in this section or sections	54043
4765.112 to 4765.116 of the Revised Code, the state board of	54044
emergency medical, fire, and transportation services shall conduct	54045
disciplinary proceedings regarding the holder of a certificate	54046
issued under this chapter in accordance with rules adopted by the	54047
board under section 4765.11 of the Revised Code.	54048

The board and a holder of a certificate are the parties to a	54049
hearing conducted under this chapter. Either party may submit a	54050
written request to the other party for a list of witnesses and	54051
copies of documents intended to be introduced at the hearing. The	54052
request shall be in writing and shall be served not less than	54053
thirty-seven days prior to the commencement of the hearing, unless	54054
the hearing officer or presiding board member grants an extension	54055
of time to make the request. Not later than thirty days before the	54056
hearing, the responding party shall provide the requested list of	54057
witnesses and copies of documents to the requesting party, unless	54058
the hearing officer or presiding board member grants an extension	54059
of time to provide the list and copies.	54060

Failure to timely provide a list or copies requested in	54061
accordance with this section shall result in exclusion from the	54062
hearing of the witnesses, testimony, or documents.	54063

Sec. 4765.112. (A) The state board of emergency medical,	54064
fire, and transportation services, by an affirmative vote of the	54065
majority of its members, may suspend without a prior hearing a	54066
certificate to practice issued under this chapter if the board	54067
determines that there is clear and convincing evidence that	54068
continued practice by the certificate holder presents a danger of	54069
immediate and serious harm to the public and that the certificate	54070
holder has done any of the following:	54071

(1) Furnished false, fraudulent, or misleading information to	54072
the board;	54073

(2) Engaged in activities that exceed those permitted by the	54074
individual's certificate;	54075

(3) In a court of this or any other state or federal court	54076
been convicted of, pleaded guilty to, or been the subject of a	54077
judicial finding of guilt of, a judicial finding of guilt	54078
resulting from a plea of no contest to, or a judicial finding of	54079
eligibility for intervention in lieu of conviction for, a felony	54080
or for a misdemeanor committed in the course of practice or	54081
involving gross immorality or moral turpitude.	54082

(B) Immediately following the decision to impose a summary	54083
suspension, the board, in accordance with section 119.07 of the	54084
Revised Code, shall issue a written order of suspension, cause it	54085
to be delivered to the certificate holder, and notify the	54086
certificate holder of the opportunity for a hearing. If timely	54087
requested by the certificate holder, a hearing shall be conducted	54088
in accordance with section 4765.115 of the Revised Code.	54089

Sec. 4765.113. If the state board of emergency medical,	54090
fire, and transportation services imposes a suspension on the	54091
basis of a conviction, judicial finding, or plea as described in	54092
division (A)(3) of section 4765.112 of the Revised Code that is	54093
overturned on appeal, the certificate holder, on exhaustion of the	54094
criminal appeal process, may file with the board a petition for	54095
reconsideration of the suspension along with appropriate court	54096
documents. On receipt of the petition and documents, the board	54097
shall reinstate the certificate holder's certificate to practice.	54098

Sec. 4765.114. (A) A certificate to practice emergency	54099
medical services issued under this chapter is automatically	54100
suspended on the certificate holder's conviction of, plea of	54101
guilty to, or judicial finding of guilt of any of the following:	54102
aggravated murder, murder, voluntary manslaughter, felonious	54103
assault, kidnapping, rape, sexual battery, gross sexual	54104
imposition, aggravated arson, aggravated burglary, aggravated	54105
robbery, or a substantially equivalent offense committed in this	54106
or another jurisdiction. Continued practice after the suspension	54107
is practicing without a certificate.	54108

(B) If the state board of emergency medical, fire, and	54109
transportation services has knowledge that an automatic suspension	54110
has occurred, it shall notify, in accordance with section 119.07	54111
of the Revised Code, the certificate holder of the suspension and	54112
of the opportunity for a hearing. If timely requested by the	54113
certificate holder, a hearing shall be conducted in accordance	54114
with section 4765.115 of the Revised Code.	54115

Sec. 4765.115. (A) A suspension order issued under section	54116
4765.112 or automatic suspension under section 4765.114 of the	54117
Revised Code is not subject to suspension by a court prior to a	54118
hearing under this section or during the pendency of any appeal	54119
filed under section 119.12 of the Revised Code.	54120

(B) A suspension order issued under section 4765.112 or	54121
automatic suspension under section 4765.114 of the Revised Code	54122
remains in effect, unless reversed by the state board of emergency	54123
medical, fire, and transportation services, until a final	54124
adjudication order issued by the board pursuant to this section	54125
becomes effective.	54126

(C) Hearings requested pursuant to section 4765.112 or	54127
4765.114 of the Revised Code shall be conducted under this section	54128
in accordance with Chapter 119. of the Revised Code.	54129

(D) A hearing under this section shall be held not later than	54130
forty-five days but not earlier than forty days after the	54131
certificate holder requests it, unless another date is agreed to	54132
by the certificate holder and the board.	54133

(E) After completion of an adjudication hearing, the board	54134
may adopt, by an affirmative vote of the majority of its members,	54135
a final adjudication order that imposes any of the following	54136
sanctions:	54137

(1) Suspension of the holder's certificate to practice;

54138

(2) Revocation of the holder's certificate to practice;

54139

(3) Issuance of a written reprimand;

54140

(4) A refusal to renew or a limitation on the holder's	54141
certificate to practice.	54142

The board shall issue its final adjudication order not later	54143
than forty-five days after completion of an adjudication hearing.	54144
If the board does not issue a final order within that time period,	54145
the suspension order is void, but any final adjudication order	54146
subsequently issued is not affected.	54147

(F) Any action taken by the board under this section	54148
resulting in a suspension from practice shall be accompanied by a	54149
written statement of the conditions under which the certificate to	54150
practice may be reinstated. Reinstatement of a certificate	54151
suspended under this section requires an affirmative vote by the	54152
majority of the members of the board.	54153

(G) When the board revokes or refuses to reinstate a	54154
certificate to practice, the board may specify that its action is	54155
permanent. An individual subject to permanent action taken by the	54156
board is forever ineligible to hold a certificate of the type	54157
revoked or refused, and the board shall not accept from the	54158
individual an application for reinstatement of the certificate or	54159
for a new certificate.	54160

Sec. 4765.116. If a certificate holder subject to a	54161
suspension order issued by the state board of emergency medical,	54162
fire, and transportation services under section 4765.112 or an	54163
automatic suspension order under section 4765.114 of the Revised	54164
Code fails to make a timely request for a hearing, the following	54165
apply:	54166

(A) In the case of a certificate holder subject to a summary	54167
suspension order, the board is not required to hold a hearing, but	54168
may adopt, by an affirmative vote of a majority of its members, a	54169
final order that contains the board's findings. In the final	54170
order, the board may order any of the sanctions listed in division	54171
(E) of section 4765.115 of the Revised Code.	54172

(B) In the case of a certificate holder subject to an	54173
automatic suspension order, the board may adopt, by an affirmative	54174
vote of a majority of its members, a final order that permanently	54175
revokes the holder's certificate to practice.	54176

Sec. 4765.12. (A) Not later than two years after ~~the~~	54177
~~effective date of this section~~November 3, 2000, the state board	54178
of emergency medical and transportation services shall develop and	54179
distribute guidelines for the care of trauma victims by emergency	54180
medical service personnel and for the conduct of peer review and	54181
quality assurance programs by emergency medical service	54182
organizations. The guidelines shall be consistent with the state	54183
trauma triage protocols adopted in rules under sections 4765.11	54184
and 4765.40 of the Revised Code and shall place emphasis on the	54185
special needs of pediatric and geriatric trauma victims. In	54186
developing the guidelines, the board shall consult with entities	54187
with interests in trauma and emergency medical services and shall	54188
consider any relevant guidelines adopted by national	54189
organizations, including the American college of surgeons,	54190
American college of emergency physicians, and American academy of	54191
pediatrics. The board shall distribute the guidelines, and	54192
amendments to the guidelines, to each emergency medical service	54193
organization, regional director, regional physician advisory	54194
board, certified emergency medical service instructor, and person	54195
who regularly provides medical direction to emergency medical	54196
service personnel in this state.	54197

(B) Not later than three years after ~~the effective date of~~	54198
~~this section~~November 3, 2000, each emergency medical service	54199
organization in this state shall implement ongoing peer review and	54200
quality assurance programs designed to improve the availability	54201
and quality of the emergency medical services it provides. The	54202
form and content of the programs shall be determined by each	54203
emergency medical service organization. In implementing the	54204
programs, each emergency medical service organization shall	54205
consider how to improve its ability to provide effective trauma	54206
care, particularly for pediatric and geriatric trauma victims, and	54207
shall take into account the trauma care guidelines developed by	54208
the state board of emergency medical, fire, and transportation	54209
services under this section.	54210

Information generated solely for use in a peer review or	54211
quality assurance program conducted on behalf of an emergency	54212
medical service organization is not a public record under section	54213
149.43 of the Revised Code. Such information, and any discussion	54214
conducted in the course of a peer review or quality assurance	54215
program conducted on behalf of an emergency medical service	54216
organization, is not subject to discovery in a civil action and	54217
shall not be introduced into evidence in a civil action against	54218
the emergency medical service organization on whose behalf the	54219
information was generated or the discussion occurred.	54220

No emergency medical service organization on whose behalf a	54221
peer review or quality assurance program is conducted, and no	54222
person who conducts such a program, because of performing such	54223
functions, shall be liable in a civil action for betrayal of	54224
professional confidence or otherwise in the absence of willful or	54225
wanton misconduct.	54226

Sec. 4765.15. A person seeking to operate an emergency	54227
medical services training program shall submit a completed	54228
application for accreditation to the state board of emergency	54229
medical, fire, and transportation services on a form the board	54230
shall prescribe and furnish. The application shall be accompanied	54231
by the appropriate application fee established in rules adopted	54232
under section 4765.11 of the Revised Code.	54233

A person seeking to operate an emergency medical services	54234
continuing education program shall submit a completed application	54235
for approval to the board on a form the board shall prescribe and	54236
furnish. The application shall be accompanied by the appropriate	54237
application fee established in rules adopted under section 4765.11	54238
of the Revised Code.	54239

The board shall administer the accreditation and approval	54240
processes pursuant to rules adopted under section 4765.11 of the	54241
Revised Code. In administering these processes, the board may	54242
authorize other persons to evaluate applications for accreditation	54243
or approval and may accept the recommendations made by those	54244
persons.	54245

The board may cause an investigation to be made into the	54246
accuracy of the information submitted in any application for	54247
accreditation or approval. If an investigation indicates that	54248
false, misleading, or incomplete information has been submitted to	54249
the board in connection with any application for accreditation or	54250
approval, the board shall conduct a hearing on the matter in	54251
accordance with Chapter 119. of the Revised Code.	54252

Sec. 4765.16. (A) All courses offered through an emergency	54253
medical services training program or an emergency medical services	54254
continuing education program, other than ambulance driving, shall	54255
be developed under the direction of a physician who specializes in	54256
emergency medicine. Each course that deals with trauma care shall	54257
be developed in consultation with a physician who specializes in	54258
trauma surgery. Except as specified by the state board of	54259
emergency medical, fire, and transportation services pursuant to	54260
rules adopted under section 4765.11 of the Revised Code, each	54261
course offered through a training program or continuing education	54262
program shall be taught by a person who holds the appropriate	54263
certificate to teach issued under section 4765.23 of the Revised	54264
Code.	54265

(B) A training program for first responders shall meet the	54266
standards established in rules adopted by the board under section	54267
4765.11 of the Revised Code. The program shall include courses in	54268
both of the following areas for at least the number of hours	54269
established by the board's rules:	54270

(1) Emergency victim care;

54271

(2) Reading and interpreting a trauma victim's vital signs.

54272

(C) A training program for emergency medical	54273
technicians-basic shall meet the standards established in rules	54274
adopted by the board under section 4765.11 of the Revised Code.	54275
The program shall include courses in each of the following areas	54276
for at least the number of hours established by the board's rules:	54277

(1) Emergency victim care;

54278

(2) Reading and interpreting a trauma victim's vital signs;

54279

(3) Triage protocols for adult and pediatric trauma victims;

54280

(4) In-hospital training;

54281

(5) Clinical training;

54282

(6) Training as an ambulance driver.

54283

Each operator of a training program for emergency medical	54284
technicians-basic shall allow any pupil in the twelfth grade in a	54285
secondary school who is at least seventeen years old and who	54286
otherwise meets the requirements for admission into such a	54287
training program to be admitted to and complete the program and,	54288
as part of the training, to ride in an ambulance with emergency	54289
medical technicians-basic, emergency medical	54290
technicians-intermediate, and emergency medical	54291
technicians-paramedic. Each emergency medical service organization	54292
shall allow pupils participating in training programs to ride in	54293
an ambulance with emergency medical technicians-basic, advanced	54294
emergency medical technicians-intermediate, and emergency medical	54295
technicians-paramedic.	54296

(D) A training program for emergency medical	54297
technicians-intermediate shall meet the standards established in	54298
rules adopted by the board under section 4765.11 of the Revised	54299
Code. The program shall include, or require as a prerequisite, the	54300
training specified in division (C) of this section and courses in	54301
each of the following areas for at least the number of hours	54302
established by the board's rules:	54303

(1) Recognizing symptoms of life-threatening allergic	54304
reactions and in calculating proper dosage levels and	54305
administering injections of epinephrine to persons who suffer	54306
life-threatening allergic reactions, conducted in accordance with	54307
rules adopted by the board under section 4765.11 of the Revised	54308
Code;	54309

(2) Venous access procedures;

54310

(3) Cardiac monitoring and electrical interventions to	54311
support or correct the cardiac function.	54312

(E) A training program for emergency medical	54313
technicians-paramedic shall meet the standards established in	54314
rules adopted by the board under section 4765.11 of the Revised	54315
Code. The program shall include, or require as a prerequisite, the	54316
training specified in divisions (C) and (D) of this section and	54317
courses in each of the following areas for at least the number of	54318
hours established by the board's rules:	54319

(1) Medical terminology;

54320

(2) Venous access procedures;

54321

(3) Airway procedures;

54322

(4) Patient assessment and triage;

54323

(5) Acute cardiac care, including administration of	54324
parenteral injections, electrical interventions, and other	54325
emergency medical services;	54326

(6) Emergency and trauma victim care beyond that required	54327
under division (C) of this section;	54328

(7) Clinical training beyond that required under division (C)	54329
of this section.	54330

(F) A continuing education program for first responders,	54331
EMTs-basic, EMTs-I, or paramedics shall meet the standards	54332
established in rules adopted by the board under section 4765.11 of	54333
the Revised Code. A continuing education program shall include	54334
instruction and training in subjects established by the board's	54335
rules for at least the number of hours established by the board's	54336
rules.	54337

Sec. 4765.17. (A) The state board of emergency medical,	54338
fire, and transportation services shall issue the appropriate	54339
certificate of accreditation or certificate of approval to an	54340
applicant who is of good reputation and meets the requirements of	54341
section 4765.16 of the Revised Code. The board shall grant or deny	54342
a certificate of accreditation or certificate of approval within	54343
one hundred twenty days of receipt of the application. The board	54344
may issue or renew a certificate of accreditation or certificate	54345
of approval on a provisional basis to an applicant who is of good	54346
reputation and is in substantial compliance with the requirements	54347
of section 4765.16 of the Revised Code. The board shall inform an	54348
applicant receiving such a certificate of the conditions that must	54349
be met to complete compliance with section 4765.16 of the Revised	54350
Code.	54351

(B) Except as provided in division (C) of this section, a	54352
certificate of accreditation or certificate of approval is valid	54353
for up to five years and may be renewed by the board pursuant to	54354
procedures and standards established in rules adopted under	54355
section 4765.11 of the Revised Code. An application for renewal	54356
shall be accompanied by the appropriate renewal fee established in	54357
rules adopted under section 4765.11 of the Revised Code.	54358

(C) A certificate of accreditation or certificate of approval	54359
issued on a provisional basis is valid for the length of time	54360
established by the board. If the board finds that the holder of	54361
such a certificate has met the conditions it specifies under	54362
division (A) of this section, the board shall issue the	54363
appropriate certificate of accreditation or certificate of	54364
approval.	54365

(D) A certificate of accreditation is valid only for the	54366
emergency medical services training program or programs for which	54367
it is issued. The holder of a certificate of accreditation may	54368
apply to operate additional training programs in accordance with	54369
rules adopted by the board under section 4765.11 of the Revised	54370
Code. Any additional training programs shall expire on the	54371
expiration date of the applicant's current certificate. A	54372
certificate of approval is valid only for the emergency medical	54373
services continuing education program for which it is issued.	54374
Neither is transferable.	54375

(E) The holder of a certificate of accreditation or a	54376
certificate of approval may offer courses at more than one	54377
location in accordance with rules adopted under section 4765.11 of	54378
the Revised Code.	54379

Sec. 4765.18. The state board of emergency medical, fire,	54380
and transportation services may suspend or revoke a certificate of	54381
accreditation or a certificate of approval issued under section	54382
4765.17 of the Revised Code for any of the following reasons:	54383

(A) Violation of this chapter or any rule adopted under it;

54384

(B) Furnishing of false, misleading, or incomplete	54385
information to the board;	54386

(C) The signing of an application or the holding of a	54387
certificate of accreditation by a person who has pleaded guilty to	54388
or has been convicted of a felony, or has pleaded guilty to or	54389
been convicted of a crime involving moral turpitude;	54390

(D) The signing of an application or the holding of a	54391
certificate of accreditation by a person who is addicted to the	54392
use of any controlled substance or has been adjudicated	54393
incompetent for that purpose by a court, as provided in section	54394
5122.301 of the Revised Code;	54395

(E) Violation of any commitment made in an application for a	54396
certificate of accreditation or certificate of approval;	54397

(F) Presentation to prospective students of misleading,	54398
false, or fraudulent information relating to the emergency medical	54399
services training program or emergency medical services continuing	54400
education program, employment opportunities, or opportunities for	54401
enrollment in accredited institutions of higher education after	54402
entering or completing courses offered by the operator of a	54403
program;	54404

(G) Failure to maintain in a safe and sanitary condition	54405
premises and equipment used in conducting courses of study;	54406

(H) Failure to maintain financial resources adequate for the	54407
satisfactory conduct of courses of study or to retain a sufficient	54408
number of certified instructors;	54409

(I) Discrimination in the acceptance of students upon the	54410
basis of race, color, religion, sex, or national origin.	54411

Sec. 4765.22. A person seeking a certificate to teach in an	54412
emergency medical services training program or an emergency	54413
medical services continuing education program shall submit a	54414
completed application for certification to the state board of	54415
emergency medical, fire, and transportation services on a form the	54416
board shall prescribe and furnish. The application shall be	54417
accompanied by the appropriate application fee established in	54418
rules adopted under section 4765.11 of the Revised Code.	54419

Sec. 4765.23. The state board of emergency medical, fire,	54420
and transportation services shall issue a certificate to teach in	54421
an emergency medical services training program or an emergency	54422
medical services continuing education program to any applicant who	54423
it determines meets the qualifications established in rules	54424
adopted under section 4765.11 of the Revised Code. The certificate	54425
shall indicate each type of instruction and training the	54426
certificate holder may teach under the certificate.	54427

A certificate to teach shall have a certification cycle	54428
established by the board and may be renewed by the board pursuant	54429
to rules adopted under section 4765.11 of the Revised Code. An	54430
application for renewal shall be accompanied by the appropriate	54431
renewal fee established in rules adopted under section 4765.11 of	54432
the Revised Code.	54433

The board may suspend or revoke a certificate to teach	54434
pursuant to rules adopted under section 4765.11 of the Revised	54435
Code.	54436

Sec. 4765.28. A person seeking a certificate to practice as	54437
a first responder, emergency medical technician-basic, emergency	54438
medical technician-intermediate, or emergency medical	54439
technician-paramedic shall submit a completed application for	54440
certification to the state board of emergency medical, fire, and	54441
transportation services on a form the board shall prescribe and	54442
furnish. Except as provided in division (B) of section 4765.29 of	54443
the Revised Code, the application shall include evidence that the	54444
applicant received the appropriate certificate of completion	54445
pursuant to section 4765.24 of the Revised Code. The application	54446
shall be accompanied by the appropriate application fee	54447
established in rules adopted under section 4765.11 of the Revised	54448
Code, unless the board waives the fee on determining pursuant to	54449
those rules that the applicant cannot afford to pay the fee.	54450

Sec. 4765.29. (A) The state board of emergency medical,	54451
fire, and transportation services shall provide for the	54452
examination of applicants for certification to practice as first	54453
responders, emergency medical technicians-basic, emergency medical	54454
technicians-intermediate, and emergency medical	54455
technicians-paramedic. The examinations shall be established by	54456
the board in rules adopted under section 4765.11 of the Revised	54457
Code. The board may administer the examinations or contract with	54458
other persons to administer the examinations. In either case, the	54459
examinations shall be administered pursuant to procedures	54460
established in rules adopted under section 4765.11 of the Revised	54461
Code and shall be offered at various locations in the state	54462
selected by the board.	54463

Except as provided in division (B) of this section, an	54464
applicant shall not be permitted to take an examination for the	54465
same certificate to practice more than three times since last	54466
receiving the certificate of completion pursuant to section	54467
4765.24 of the Revised Code that qualifies the applicant to take	54468
the examination unless the applicant receives another certificate	54469
of completion that qualifies the applicant to take the	54470
examination.	54471

(B) On request of an applicant who fails three examinations	54472
for the same certificate to practice, the board may direct the	54473
applicant to complete a specific portion of an accredited	54474
emergency medical services training program. If the applicant	54475
provides satisfactory proof to the board that the applicant has	54476
successfully completed that portion of the program, the applicant	54477
shall be permitted to take the examination.	54478

Sec. 4765.30. (A)(1) The state board of emergency medical,	54479
fire, and transportation services shall issue a certificate to	54480
practice as a first responder to an applicant who meets all of the	54481
following conditions:	54482

(a) Except as provided in division (A)(2) of this section, is	54483
a volunteer for a nonprofit emergency medical service organization	54484
or a nonprofit fire department;	54485

(b) Holds the appropriate certificate of completion issued in	54486
accordance with section 4765.24 of the Revised Code;	54487

(c) Passes the appropriate examination conducted under	54488
section 4765.29 of the Revised Code;	54489

(d) Is not in violation of any provision of this chapter or	54490
the rules adopted under it;	54491

(e) Meets any other certification requirements established in	54492
rules adopted under section 4765.11 of the Revised Code.	54493

(2) The board may waive the requirement to be a volunteer for	54494
a nonprofit entity if the applicant meets other requirements	54495
established in rules adopted under division (B)(3) of section	54496
4765.11 of the Revised Code relative to a person's eligibility to	54497
practice as a first responder.	54498

(B) The state board of emergency medical, fire, and	54499
transportation services shall issue a certificate to practice as	54500
an emergency medical technician-basic to an applicant who meets	54501
all of the following conditions:	54502

(1) Holds a certificate of completion in emergency medical	54503
services training-basic issued in accordance with section 4765.24	54504
of the Revised Code;	54505

(2) Passes the examination for emergency medical	54506
technicians-basic conducted under section 4765.29 of the Revised	54507
Code;	54508

(3) Is not in violation of any provision of this chapter or	54509
the rules adopted under it;	54510

(4) Meets any other certification requirements established in	54511
rules adopted under section 4765.11 of the Revised Code.	54512

(C) The state board of emergency medical, fire, and	54513
transportation services shall issue a certificate to practice as	54514
an emergency medical technician-intermediate or emergency medical	54515
technician-paramedic to an applicant who meets all of the	54516
following conditions:	54517

(1) Holds a certificate to practice as an emergency medical	54518
technician-basic;	54519

(2) Holds the appropriate certificate of completion issued in	54520
accordance with section 4765.24 of the Revised Code;	54521

(3) Passes the appropriate examination conducted under	54522
section 4765.29 of the Revised Code;	54523

(4) Is not in violation of any provision of this chapter or	54524
the rules adopted under it;	54525

(5) Meets any other certification requirements established in	54526
rules adopted under section 4765.11 of the Revised Code.	54527

(D) A certificate to practice shall have a certification	54528
cycle established by the board and may be renewed by the board	54529
pursuant to rules adopted under section 4765.11 of the Revised	54530
Code. Not later than sixty days prior to the expiration date of an	54531
individual's certificate to practice, the board shall notify the	54532
individual of the scheduled expiration.	54533

An application for renewal shall be accompanied by the	54534
appropriate renewal fee established in rules adopted under section	54535
4765.11 of the Revised Code, unless the board waives the fee on	54536
determining pursuant to those rules that the applicant cannot	54537
afford to pay the fee. Except as provided in division (B) of	54538
section 4765.31 of the Revised Code, the application shall include	54539
evidence of either of the following:	54540

(1) That the applicant received a certificate of completion	54541
from the appropriate emergency medical services continuing	54542
education program pursuant to section 4765.24 of the Revised Code;	54543

(2) That the applicant has successfully passed an examination	54544
that demonstrates the competence to have a certificate renewed	54545
without completing an emergency medical services continuing	54546
education program. The board shall approve such examinations in	54547
accordance with rules adopted under section 4765.11 of the Revised	54548
Code.	54549

(E) The board shall not require an applicant for renewal of a	54550
certificate to practice to take an examination as a condition of	54551
renewing the certificate. This division does not preclude the use	54552
of examinations by operators of approved emergency medical	54553
services continuing education programs as a condition for issuance	54554
of a certificate of completion in emergency medical services	54555
continuing education.	54556

Sec. 4765.31. (A) Except as provided in division (B) of this	54557
section, a first responder, emergency medical technician-basic,	54558
emergency medical technician-intermediate, and emergency medical	54559
technician-paramedic shall complete an emergency medical services	54560
continuing education program or pass an examination approved by	54561
the state board of emergency medical, fire, and transportation	54562
services under division (A) of section 4765.10 of the Revised Code	54563
prior to the expiration of the individual's certificate to	54564
practice. Completion of the continuing education requirements for	54565
EMTs-I or paramedics satisfies the continuing education	54566
requirements for renewing the certificate to practice as an	54567
EMT-basic held by an EMT-I or paramedic.	54568

(B)(1) An applicant for renewal of a certificate to practice	54569
may apply to the board, in writing, for an extension to complete	54570
the continuing education requirements established under division	54571
(A) of this section. The board may grant such an extension and	54572
determine the length of the extension. The board may authorize the	54573
applicant to continue to practice during the extension as if the	54574
certificate to practice had not expired.	54575

(2) An applicant for renewal of a certificate to practice may	54576
apply to the board, in writing, for an exemption from the	54577
continuing education requirements established under division (A)	54578
of this section. The board may exempt an individual or a group of	54579
individuals from all or any part of the continuing education	54580
requirements due to active military service, unusual circumstance,	54581
emergency, special hardship, or any other cause considered	54582
reasonable by the board.	54583

(C) Decisions of whether to grant an extension or exemption	54584
under division (B) of this section shall be made by the board	54585
pursuant to procedures established in rules adopted under section	54586
4765.11 of the Revised Code.	54587

Sec. 4765.32. A current, valid certificate of accreditation	54588
issued under the provisions of former section 3303.11 or 3303.23	54589
of the Revised Code shall remain valid until one year after the	54590
expiration date of the certificate as determined by the provisions	54591
of those sections and shall confer the same privileges and impose	54592
the same responsibilities and requirements as a certificate of	54593
accreditation issued by the state board of emergency medical,	54594
fire, and transportation services under section 4765.17 of the	54595
Revised Code.	54596

A certificate to practice as an emergency medical	54597
technician-ambulance that is valid on November 24, 1995, shall be	54598
considered a certificate to practice as an emergency medical	54599
technician-basic. A certificate to practice as an advanced	54600
emergency medical technician-ambulance that is valid on November	54601
24, 1995, shall be considered a certificate to practice as an	54602
emergency medical technician-intermediate.	54603

Sec. 4765.33. The state board of emergency medical, fire,	54604
and transportation services may suspend or revoke certificates to	54605
practice issued under section 4765.30 of the Revised Code, and may	54606
take other disciplinary action against first responders, emergency	54607
medical technicians-basic, emergency medical	54608
technicians-intermediate, and emergency medical	54609
technicians-paramedic pursuant to rules adopted under section	54610
4765.11 of the Revised Code.	54611

Sec. 4765.37. (A) An emergency medical technician-basic	54612
shall perform the emergency medical services described in this	54613
section in accordance with this chapter and any rules adopted	54614
under it by the state board of emergency medical, fire, and	54615
transportation services.	54616

(B) An emergency medical technician-basic may operate, or be	54617
responsible for operation of, an ambulance and may provide	54618
emergency medical services to patients. In an emergency, an	54619
EMT-basic may determine the nature and extent of illness or injury	54620
and establish priority for required emergency medical services. An	54621
EMT-basic may render emergency medical services such as opening	54622
and maintaining an airway, giving positive pressure ventilation,	54623
cardiac resuscitation, electrical interventions with automated	54624
defibrillators to support or correct the cardiac function and	54625
other methods determined by the board, controlling of hemorrhage,	54626
treatment of shock, immobilization of fractures, bandaging,	54627
assisting in childbirth, management of mentally disturbed	54628
patients, initial care of poison and burn patients, and	54629
determining triage of adult and pediatric trauma victims. Where	54630
patients must in an emergency be extricated from entrapment, an	54631
EMT-basic may assess the extent of injury and render all possible	54632
emergency medical services and protection to the entrapped	54633
patient; provide light rescue services if an ambulance has not	54634
been accompanied by a specialized unit; and after extrication,	54635
provide additional care in sorting of the injured in accordance	54636
with standard emergency procedures.	54637

(C) An EMT-basic may perform any other emergency medical	54638
services approved pursuant to rules adopted under section 4765.11	54639
of the Revised Code. The board shall determine whether the nature	54640
of any such service requires that an EMT-basic receive	54641
authorization prior to performing the service.	54642

(D)(1) Except as provided in division (D)(2) of this section,	54643
if the board determines under division (C) of this section that a	54644
service requires prior authorization, the service shall be	54645
performed only pursuant to the written or verbal authorization of	54646
a physician or of the cooperating physician advisory board, or	54647
pursuant to an authorization transmitted through a direct	54648
communication device by a physician or registered nurse designated	54649
by a physician.	54650

(2) If communications fail during an emergency situation or	54651
the required response time prohibits communication, an EMT-basic	54652
may perform services subject to this division, if, in the judgment	54653
of the EMT-basic, the life of the patient is in immediate danger.	54654
Services performed under these circumstances shall be performed in	54655
accordance with the protocols for triage of adult and pediatric	54656
trauma victims established in rules adopted under sections 4765.11	54657
and 4765.40 of the Revised Code and any applicable protocols	54658
adopted by the emergency medical service organization with which	54659
the EMT-basic is affiliated.	54660

Sec. 4765.38. (A) An emergency medical	54661
technician-intermediate shall perform the emergency medical	54662
services described in this section in accordance with this chapter	54663
and any rules adopted under it.	54664

(B) An EMT-I may do any of the following:

54665

(1) Establish and maintain an intravenous lifeline that has	54666
been approved by a cooperating physician or physician advisory	54667
board;	54668

(2) Perform cardiac monitoring;

54669

(3) Perform electrical interventions to support or correct	54670
the cardiac function;	54671

(4) Administer epinephrine;

54672

(5) Determine triage of adult and pediatric trauma victims;

54673

(6) Perform any other emergency medical services approved	54674
pursuant to rules adopted under section 4765.11 of the Revised	54675
Code.	54676

(C)(1) Except as provided in division (C)(2) of this section,	54677
the services described in division (B) of this section shall be	54678
performed by an EMT-I only pursuant to the written or verbal	54679
authorization of a physician or of the cooperating physician	54680
advisory board, or pursuant to an authorization transmitted	54681
through a direct communication device by a physician or registered	54682
nurse designated by a physician.	54683

(2) If communications fail during an emergency situation or	54684
the required response time prohibits communication, an EMT-I may	54685
perform any of the services described in division (B) of this	54686
section, if, in the judgment of the EMT-I, the life of the patient	54687
is in immediate danger. Services performed under these	54688
circumstances shall be performed in accordance with the protocols	54689
for triage of adult and pediatric trauma victims established in	54690
rules adopted under sections 4765.11 and 4765.40 of the Revised	54691
Code and any applicable protocols adopted by the emergency medical	54692
service organization with which the EMT-I is affiliated.	54693

(D) In addition to, and in the course of, providing emergency	54694
medical treatment, an emergency medical technician-intermediate	54695
may withdraw blood as provided under sections 1547.11, 4506.17,	54696
and 4511.19 of the Revised Code. An emergency medical	54697
technician-intermediate shall withdraw blood in accordance with	54698
this chapter and any rules adopted under it by the state board of	54699
emergency medical and transportation services.	54700

Sec. 4765.39. (A) An emergency medical technician-paramedic	54701
shall perform the emergency medical services described in this	54702
section in accordance with this chapter and any rules adopted	54703
under it.	54704

(B) A paramedic may do any of the following:

54705

(1) Perform cardiac monitoring;

54706

(2) Perform electrical interventions to support or correct	54707
the cardiac function;	54708

(3) Perform airway procedures;

54709

(4) Perform relief of pneumothorax;

54710

(5) Administer appropriate drugs and intravenous fluids;

54711

(6) Determine triage of adult and pediatric trauma victims;

54712

(7) Perform any other emergency medical services, including	54713
life support or intensive care techniques, approved pursuant to	54714
rules adopted under section 4765.11 of the Revised Code.	54715

(C)(1) Except as provided in division (C)(2) of this section,	54716
the services described in division (B) of this section shall be	54717
performed by a paramedic only pursuant to the written or verbal	54718
authorization of a physician or of the cooperating physician	54719
advisory board, or pursuant to an authorization transmitted	54720
through a direct communication device by a physician or registered	54721
nurse designated by a physician.	54722

(2) If communications fail during an emergency situation or	54723
the required response time prohibits communication, a paramedic	54724
may perform any of the services described in division (B) of this	54725
section, if, in the paramedic's judgment, the life of the patient	54726
is in immediate danger. Services performed under these	54727
circumstances shall be performed in accordance with the protocols	54728
for triage of adult and pediatric trauma victims established in	54729
rules adopted under sections 4765.11 and 4765.40 of the Revised	54730
Code and any applicable protocols adopted by the emergency medical	54731
service organization with which the paramedic is affiliated.	54732

(D) In addition to, and in the course of, providing emergency	54733
medical treatment, an emergency medical technician-paramedic may	54734
withdraw blood as provided under sections 1547.11, 4506.17, and	54735
4511.19 of the Revised Code. An emergency medical	54736
technician-paramedic shall withdraw blood in accordance with this	54737
chapter and any rules adopted under it by the state board of	54738
emergency medical, fire, and transportation services.	54739

Sec. 4765.40. (A)(1) Not later than two years after ~~the~~	54740
~~effective date of this amendment~~November 3, 2000, the state board	54741
of emergency medical, fire, and transportation services shall	54742
adopt rules under section 4765.11 of the Revised Code establishing	54743
written protocols for the triage of adult and pediatric trauma	54744
victims. The rules shall define adult and pediatric trauma in a	54745
manner that is consistent with section 4765.01 of the Revised	54746
Code, minimizes overtriage and undertriage, and emphasizes the	54747
special needs of pediatric and geriatric trauma patients.	54748

(2) The state triage protocols adopted under division (A) of	54749
this section shall require a trauma victim to be transported	54750
directly to an adult or pediatric trauma center that is qualified	54751
to provide appropriate adult or pediatric trauma care, unless one	54752
or more of the following exceptions applies:	54753

(a) It is medically necessary to transport the victim to	54754
another hospital for initial assessment and stabilization before	54755
transfer to an adult or pediatric trauma center;	54756

(b) It is unsafe or medically inappropriate to transport the	54757
victim directly to an adult or pediatric trauma center due to	54758
adverse weather or ground conditions or excessive transport time;	54759

(c) Transporting the victim to an adult or pediatric trauma	54760
center would cause a shortage of local emergency medical service	54761
resources;	54762

(d) No appropriate adult or pediatric trauma center is able	54763
to receive and provide adult or pediatric trauma care to the	54764
trauma victim without undue delay;	54765

(e) Before transport of a patient begins, the patient	54766
requests to be taken to a particular hospital that is not a trauma	54767
center or, if the patient is less than eighteen years of age or is	54768
not able to communicate, such a request is made by an adult member	54769
of the patient's family or a legal representative of the patient.	54770

(3)(a) The state triage protocols adopted under division (A)	54771
of this section shall require trauma patients to be transported to	54772
an adult or pediatric trauma center that is able to provide	54773
appropriate adult or pediatric trauma care, but shall not require	54774
a trauma patient to be transported to a particular trauma center.	54775
The state triage protocols shall establish one or more procedures	54776
for evaluating whether an injury victim requires or would benefit	54777
from adult or pediatric trauma care, which procedures shall be	54778
applied by emergency medical service personnel based on the	54779
patient's medical needs. In developing state trauma triage	54780
protocols, the board shall consider relevant model triage rules	54781
and shall consult with the commission on minority health, regional	54782
directors, regional physician advisory boards, and appropriate	54783
medical, hospital, and emergency medical service organizations.	54784

(b) Before the joint committee on agency rule review	54785
considers state triage protocols for trauma victims proposed by	54786
the state board of emergency medical, fire, and transportation	54787
services, or amendments thereto, the board shall send a copy of	54788
the proposal to the Ohio chapter of the American college of	54789
emergency physicians, the Ohio chapter of the American college of	54790
surgeons, the Ohio chapter of the American academy of pediatrics,	54791
OHA: the association for hospitals and health systems, the Ohio	54792
osteopathic association, and the association of Ohio children's	54793
hospitals and shall hold a public hearing at which it must	54794
consider the appropriateness of the protocols to minimize	54795
overtriage and undertriage of trauma victims.	54796

(c) The board shall provide copies of the state triage	54797
protocols, and amendments to the protocols, to each emergency	54798
medical service organization, regional director, regional	54799
physician advisory board, certified emergency medical service	54800
instructor, and person who regularly provides medical direction to	54801
emergency medical service personnel in the state; to each medical	54802
service organization in other jurisdictions that regularly provide	54803
emergency medical services in this state; and to others upon	54804
request.	54805

(B)(1) The state board of emergency medical, fire, and	54806
transportation services shall approve regional protocols for the	54807
triage of adult and pediatric trauma victims, and amendments to	54808
such protocols, that are submitted to the board as provided in	54809
division (B)(2) of this section and provide a level of adult and	54810
pediatric trauma care comparable to the state triage protocols	54811
adopted under division (A) of this section. The board shall not	54812
otherwise approve regional triage protocols for trauma victims.	54813
The board shall not approve regional triage protocols for regions	54814
that overlap and shall resolve any such disputes by apportioning	54815
the overlapping territory among appropriate regions in a manner	54816
that best serves the medical needs of the residents of that	54817
territory. The trauma committee of the board shall have reasonable	54818
opportunity to review and comment on regional triage protocols and	54819
amendments to such protocols before the board approves or	54820
disapproves them.	54821

(2) Regional protocols for the triage of adult and pediatric	54822
trauma victims, and amendments to such protocols, shall be	54823
submitted in writing to the state board of emergency medical,	54824
fire, and transportation services by the regional physician	54825
advisory board or regional director, as appropriate, that serves a	54826
majority of the population in the region in which the protocols	54827
apply. Prior to submitting regional triage protocols, or an	54828
amendment to such protocols, to the state board of emergency	54829
medical, fire, and transportation services, a regional physician	54830
advisory board or regional director shall consult with each of the	54831
following that regularly serves the region in which the protocols	54832
apply:	54833

(a) Other regional physician advisory boards and regional	54834
directors;	54835

(b) Hospitals that operate an emergency facility;

54836

54837

(d) Professional societies of physicians who specialize in	54838
adult or pediatric emergency medicine or adult or pediatric trauma	54839
surgery;	54840

(e) Professional societies of nurses who specialize in adult	54841
or pediatric emergency nursing or adult or pediatric trauma	54842
surgery;	54843

(f) Professional associations or labor organizations of	54844
emergency medical service personnel;	54845

(g) Emergency medical service organizations and medical	54846
directors of such organizations;	54847

(h) Certified emergency medical service instructors.

54848

(3) Regional protocols for the triage of adult and pediatric	54849
trauma victims approved under division (B)(2) of this section	54850
shall require patients to be transported to a trauma center that	54851
is able to provide an appropriate level of adult or pediatric	54852
trauma care; shall not discriminate among trauma centers for	54853
reasons not related to a patient's medical needs; shall seek to	54854
minimize undertriage and overtriage; may include any of the	54855
exceptions in division (A)(2) of this section; and supersede the	54856
state triage protocols adopted under division (A) of this section	54857
in the region in which the regional protocols apply.	54858

(4) Upon approval of regional protocols for the triage of	54859
adult and pediatric trauma victims under division (B)(2) of this	54860
section, or an amendment to such protocols, the state board of	54861
emergency medical, fire, and transportation services shall provide	54862
written notice of the approval and a copy of the protocols or	54863
amendment to each entity in the region in which the protocols	54864
apply to which the board is required to send a copy of the state	54865
triage protocols adopted under division (A) of this section.	54866

(C)(1) The state board of emergency medical, fire, and	54867
transportation services shall review the state triage protocols	54868
adopted under division (A) of this section at least every three	54869
years to determine if they are causing overtriage or undertriage	54870
of trauma patients, and shall modify them as necessary to minimize	54871
overtriage and undertriage.	54872

(2) Each regional physician advisory board or regional	54873
director that has had regional triage protocols approved under	54874
division (B)(2) of this section shall review the protocols at	54875
least every three years to determine if they are causing	54876
overtriage or undertriage of trauma patients and shall submit an	54877
appropriate amendment to the state board, as provided in division	54878
(B) of this section, as necessary to minimize overtriage and	54879
undertriage. The state board shall approve the amendment if it	54880
will reduce overtriage or undertriage while complying with	54881
division (B) of this section, and shall not otherwise approve the	54882
amendment.	54883

(D) No provider of emergency medical services or person who	54884
provides medical direction to emergency medical service personnel	54885
in this state shall fail to comply with the state triage protocols	54886
adopted under division (A) of this section or applicable regional	54887
triage protocols approved under division (B)(2) of this section.	54888

(E) The state board of emergency medical, fire, and	54889
transportation services shall adopt rules under section 4765.11 of	54890
the Revised Code that provide for enforcement of the state triage	54891
protocols adopted under division (A) of this section and regional	54892
triage protocols approved under division (B)(2) of this section,	54893
and for education regarding those protocols for emergency medical	54894
service organizations and personnel, regional directors and	54895
regional physician advisory boards, emergency medical service	54896
instructors, and persons who regularly provide medical direction	54897
to emergency medical service personnel in this state.	54898

Sec. 4765.42. Each emergency medical service organization	54899
shall give notice of the name of its medical director or the names	54900
of the members of its cooperating physician advisory board to the	54901
state board of emergency medical, fire, and transportation	54902
services. The notice shall be made in writing.	54903

Sec. 4765.48. The attorney general, the prosecuting attorney	54904
of the county, or the city director of law shall, upon complaint	54905
of the state board of emergency medical, fire, and transportation	54906
services, prosecute to termination or bring an action for	54907
injunction against any person violating this chapter or the rules	54908
adopted under it. The common pleas court in which an action for	54909
injunction is filed has the jurisdiction to grant injunctive	54910
relief upon a showing that the respondent named in the complaint	54911
is in violation of this chapter or the rules adopted under it.	54912

Sec. 4765.49. (A) A first responder, emergency medical	54913
technician-basic, emergency medical technician-intermediate, or	54914
emergency medical technician-paramedic is not liable in damages in	54915
a civil action for injury, death, or loss to person or property	54916
resulting from the individual's administration of emergency	54917
medical services, unless the services are administered in a manner	54918
that constitutes willful or wanton misconduct. A physician or	54919
registered nurse designated by a physician, who is advising or	54920
assisting in the emergency medical services by means of any	54921
communication device or telemetering system, is not liable in	54922
damages in a civil action for injury, death, or loss to person or	54923
property resulting from the individual's advisory communication or	54924
assistance, unless the advisory communication or assistance is	54925
provided in a manner that constitutes willful or wanton	54926
misconduct. Medical directors and members of cooperating physician	54927
advisory boards of emergency medical service organizations are not	54928
liable in damages in a civil action for injury, death, or loss to	54929
person or property resulting from their acts or omissions in the	54930
performance of their duties, unless the act or omission	54931
constitutes willful or wanton misconduct.	54932

(B) A political subdivision, joint ambulance district, joint	54933
emergency medical services district, or other public agency, and	54934
any officer or employee of a public agency or of a private	54935
organization operating under contract or in joint agreement with	54936
one or more political subdivisions, that provides emergency	54937
medical services, or that enters into a joint agreement or a	54938
contract with the state, any political subdivision, joint	54939
ambulance district, or joint emergency medical services district	54940
for the provision of emergency medical services, is not liable in	54941
damages in a civil action for injury, death, or loss to person or	54942
property arising out of any actions taken by a first responder,	54943
EMT-basic, EMT-I, or paramedic working under the officer's or	54944
employee's jurisdiction, or for injury, death, or loss to person	54945
or property arising out of any actions of licensed medical	54946
personnel advising or assisting the first responder, EMT-basic,	54947
EMT-I, or paramedic, unless the services are provided in a manner	54948
that constitutes willful or wanton misconduct.	54949

(C) A student who is enrolled in an emergency medical	54950
services training program accredited under section 4765.17 of the	54951
Revised Code or an emergency medical services continuing education	54952
program approved under that section is not liable in damages in a	54953
civil action for injury, death, or loss to person or property	54954
resulting from either of the following:	54955

(1) The student's administration of emergency medical	54956
services or patient care or treatment, if the services, care, or	54957
treatment is administered while the student is under the direct	54958
supervision and in the immediate presence of an EMT-basic, EMT-I,	54959
paramedic, registered nurse, or physician and while the student is	54960
receiving clinical training that is required by the program,	54961
unless the services, care, or treatment is provided in a manner	54962
that constitutes willful or wanton misconduct;	54963

(2) The student's training as an ambulance driver, unless the	54964
driving is done in a manner that constitutes willful or wanton	54965
misconduct.	54966

(D) An EMT-basic, EMT-I, paramedic, or other operator, who	54967
holds a valid commercial driver's license issued pursuant to	54968
Chapter 4506. of the Revised Code or driver's license issued	54969
pursuant to Chapter 4507. of the Revised Code and who is employed	54970
by an emergency medical service organization that is not owned or	54971
operated by a political subdivision as defined in section 2744.01	54972
of the Revised Code, is not liable in damages in a civil action	54973
for injury, death, or loss to person or property that is caused by	54974
the operation of an ambulance by the EMT-basic, EMT-I, paramedic,	54975
or other operator while responding to or completing a call for	54976
emergency medical services, unless the operation constitutes	54977
willful or wanton misconduct or does not comply with the	54978
precautions of section 4511.03 of the Revised Code. An emergency	54979
medical service organization is not liable in damages in a civil	54980
action for any injury, death, or loss to person or property that	54981
is caused by the operation of an ambulance by its employee or	54982
agent, if this division grants the employee or agent immunity from	54983
civil liability for the injury, death, or loss.	54984

(E) An employee or agent of an emergency medical service	54985
organization who receives requests for emergency medical services	54986
that are directed to the organization, dispatches first	54987
responders, EMTs-basic, EMTs-I, or paramedics in response to those	54988
requests, communicates those requests to those employees or agents	54989
of the organization who are authorized to dispatch first	54990
responders, EMTs-basic, EMTs-I, or paramedics, or performs any	54991
combination of these functions for the organization, is not liable	54992
in damages in a civil action for injury, death, or loss to person	54993
or property resulting from the individual's acts or omissions in	54994
the performance of those duties for the organization, unless an	54995
act or omission constitutes willful or wanton misconduct.	54996

(F) A person who is performing the functions of a first	54997
responder, EMT-basic, EMT-I, or paramedic under the authority of	54998
the laws of a state that borders this state and who provides	54999
emergency medical services to or transportation of a patient in	55000
this state is not liable in damages in a civil action for injury,	55001
death, or loss to person or property resulting from the person's	55002
administration of emergency medical services, unless the services	55003
are administered in a manner that constitutes willful or wanton	55004
misconduct. A physician or registered nurse designated by a	55005
physician, who is licensed to practice in the adjoining state and	55006
who is advising or assisting in the emergency medical services by	55007
means of any communication device or telemetering system is not	55008
liable in damages in a civil action for injury, death, or loss to	55009
person or property resulting from the person's advisory	55010
communication or assistance, unless the advisory communication or	55011
assistance is provided in a manner that constitutes willful or	55012
wanton misconduct.	55013

(G) A person certified under section 4765.23 of the Revised	55014
Code to teach in an emergency medical services training program or	55015
emergency medical services continuing education program, and a	55016
person who teaches at the Ohio fire academy established under	55017
section 3737.33 of the Revised Code or in a fire service training	55018
program described in division (A) of section 4765.55 of the	55019
Revised Code, is not liable in damages in a civil action for	55020
injury, death, or loss to person or property resulting from the	55021
person's acts or omissions in the performance of the person's	55022
duties, unless an act or omission constitutes willful or wanton	55023
misconduct.	55024

(H) In the accreditation of emergency medical services	55025
training programs or approval of emergency medical services	55026
continuing education programs, the state board of emergency	55027
medical, fire, and transportation services and any person or	55028
entity authorized by the board to evaluate applications for	55029
accreditation or approval are not liable in damages in a civil	55030
action for injury, death, or loss to person or property resulting	55031
from their acts or omissions in the performance of their duties,	55032
unless an act or omission constitutes willful or wanton	55033
misconduct.	55034

(I) A person authorized by an emergency medical service	55035
organization to review the performance of first responders,	55036
EMTs-basic, EMTs-I, and paramedics or to administer quality	55037
assurance programs is not liable in damages in a civil action for	55038
injury, death, or loss to person or property resulting from the	55039
person's acts or omissions in the performance of the person's	55040
duties, unless an act or omission constitutes willful or wanton	55041
misconduct.	55042

Sec. 4765.55. (A) The executive director of the state board	55043
of emergency medical, fire, and transportation services, with the	55044
advice and counsel of the firefighter and fire safety inspector	55045
training committee of the state board of emergency medical, fire,	55046
and transportation services, shall assist in the establishment and	55047
maintenance by any state agency, or any county, township, city,	55048
village, school district, or educational service center of a fire	55049
service training program for the training of all persons in	55050
positions of any fire training certification level approved by the	55051
executive director, including full-time paid firefighters,	55052
part-time paid firefighters, volunteer firefighters, and, fire	55053
safety inspectors in this state. The executive director, with the	55054
advice and counsel of the committee, shall adopt rules to regulate	55055
those firefighter and fire safety inspector training programs, and	55056
other training programs approved by the executive director. The	55057
rules may include, but need not be limited to, training	55058
curriculum, certification examinations, training schedules,	55059
minimum hours of instruction, attendance requirements, required	55060
equipment and facilities, basic physical requirements, and methods	55061
of training for all persons in positions of any fire training	55062
certification level approved by the executive director, including	55063
full-time paid firefighters, part-time paid firefighters,	55064
volunteer firefighters, and fire safety inspectors. The rules	55065
adopted to regulate training programs for volunteer firefighters	55066
shall not require more than thirty-six hours of training.	55067

The executive director, with the advice and counsel of the	55068
committee, shall provide for the classification and chartering of	55069
fire service training programs in accordance with rules adopted	55070
under division (B) of this section, and may take action against	55071
any chartered training program or applicant, in accordance with	55072
rules adopted under divisions (B)(4) and (5) of this section, for	55073
failure to meet standards set by the adopted rules.	55074

(B) The executive director, with the advice and counsel of	55075
the firefighter and fire safety inspector training committee of	55076
the state board of emergency medical, fire, and transportation	55077
services, shall adopt, and may amend or rescind, rules under	55078
Chapter 119. of the Revised Code that establish all of the	55079
following:	55080

(1) Requirements for, and procedures for chartering, the	55081
training programs regulated by this section;	55082

(2) Requirements for, and requirements and procedures for	55083
obtaining and renewing, an instructor certificate to teach the	55084
training programs and continuing education classes regulated by	55085
this section;	55086

(3) Requirements for, and requirements and procedures for	55087
obtaining and renewing, any of the fire training certificates	55088
regulated by this section;	55089

(4) Grounds and procedures for suspending, revoking,	55090
restricting, or refusing to issue or renew any of the certificates	55091
or charters regulated by this section, which grounds shall be	55092
limited to one of the following:	55093

(a) Failure to satisfy the education or training requirements	55094
of this section;	55095

(b) Conviction of a felony offense;

55096

55097

(d) Conviction of a misdemeanor committed in the course of	55098
practice;	55099

(e) In the case of a chartered training program or applicant,	55100
failure to meet standards set by the rules adopted under this	55101
division.	55102

(5) Grounds and procedures for imposing and collecting fines,	55103
not to exceed one thousand dollars, in relation to actions taken	55104
under division (B)(4) of this section against persons holding	55105
certificates and charters regulated by this section, the fines to	55106
be deposited into the trauma and emergency medical services fund	55107
established under section 4513.263 of the Revised Code;	55108

(6) Continuing education requirements for certificate	55109
holders, including a requirement that credit shall be granted for	55110
in-service training programs conducted by local entities;	55111

(7) Procedures for considering the granting of an extension	55112
or exemption of fire service continuing education requirements;	55113

(8) Certification cycles for which the certificates and	55114
charters regulated by this section are valid.	55115

(C) The executive director, with the advice and counsel of	55116
the firefighter and fire safety inspector training committee of	55117
the state board of emergency medical, fire, and transportation	55118
services, shall issue or renew an instructor certificate to teach	55119
the training programs and continuing education classes regulated	55120
by this section to any applicant that the executive director	55121
determines meets the qualifications established in rules adopted	55122
under division (B) of this section, and may take disciplinary	55123
action against an instructor certificate holder or applicant in	55124
accordance with rules adopted under division (B) of this section.	55125
The executive director, with the advice and counsel of the	55126
committee, shall charter or renew the charter of any training	55127
program that the executive director determines meets the	55128
qualifications established in rules adopted under division (B) of	55129
this section, and may take disciplinary action against the holder	55130
of a charter in accordance with rules adopted under division (B)	55131
of this section.	55132

(D) The executive director shall issue or renew a fire	55133
training certificate for a firefighter, a fire safety inspector,	55134
or another position of any fire training certification level	55135
approved by the executive director, to any applicant that the	55136
executive director determines meets the qualifications established	55137
in rules adopted under division (B) of this section and may take	55138
disciplinary actions against a certificate holder or applicant in	55139
accordance with rules adopted under division (B) of this section.	55140

(E) Certificates issued under this section shall be on a form	55141
prescribed by the executive director, with the advice and counsel	55142
of the firefighter and fire safety inspector training committee of	55143
the state board of emergency medical, fire, and transportation	55144
services.	55145

(F)(1) The executive director, with the advice and counsel of	55146
the firefighter and fire safety inspector training committee of	55147
the state board of emergency medical, fire, and transportation	55148
services, shall establish criteria for evaluating the standards	55149
maintained by other states and the branches of the United States	55150
military for firefighter, fire safety inspector, and fire	55151
instructor training programs, and other training programs	55152
recognized by the executive director, to determine whether the	55153
standards are equivalent to those established under this section	55154
and shall establish requirements and procedures for issuing a	55155
certificate to each person who presents proof to the executive	55156
director of having satisfactorily completed a training program	55157
that meets those standards.	55158

(2) The executive director, with the committee's advice and	55159
counsel, shall adopt rules establishing requirements and	55160
procedures for issuing a fire training certificate in lieu of	55161
completing a chartered training program.	55162

(G) Nothing in this section invalidates any other section of	55163
the Revised Code relating to the fire training academy. Section	55164
4765.11 of the Revised Code does not affect any powers and duties	55165
granted to the executive director under this section.	55166

Sec. 4765.56. On receipt of a notice pursuant to section	55167
3123.43 of the Revised Code, the state board of emergency medical,	55168
fire, and transportation services shall comply with sections	55169
3123.41 to 3123.50 of the Revised Code and any applicable rules	55170
adopted under section 3123.63 of the Revised Code with respect to	55171
a certificate to practice issued pursuant to this chapter.	55172

Sec. 4766.01. As used in this chapter:

55173

(A) "Advanced life support" means treatment described in	55174
section 4765.39 of the Revised Code that a paramedic is certified	55175
to perform.	55176

(B) "Air medical service organization" means an organization	55177
that furnishes, conducts, maintains, advertises, promotes, or	55178
otherwise engages in providing medical services with a rotorcraft	55179
air ambulance or fixed wing air ambulance.	55180

(C) "Air medical transportation" means the transporting of a	55181
patient by rotorcraft air ambulance or fixed wing air ambulance	55182
with appropriately licensed and certified medical personnel.	55183

(D) "Ambulance" means any motor vehicle that is specifically	55184
designed, constructed, or modified and equipped and is intended to	55185
be used to provide basic life support, intermediate life support,	55186
advanced life support, or mobile intensive care unit services and	55187
transportation upon the streets or highways of this state of	55188
persons who are seriously ill, injured, wounded, or otherwise	55189
incapacitated or helpless. "Ambulance" does not include air	55190
medical transportation or a vehicle designed and used solely for	55191
the transportation of nonstretcher-bound persons, whether	55192
hospitalized or handicapped or whether ambulatory or confined to a	55193
wheelchair.	55194

(E) "Ambulette" means a motor vehicle that is specifically	55195
designed, constructed, or modified and equipped and is intended to	55196
be used for transportation upon the streets or highways of this	55197
state of persons who require use of a wheelchair.	55198

(F) "Basic life support" means treatment described in section	55199
4765.37 of the Revised Code that an ~~EMT-basic~~EMT is certified to	55200
perform.	55201

(G) "Disaster situation" means any condition or situation	55202
described by rule of the ~~Ohio~~state board of emergency medical,	55203
fire, and transportation ~~board~~services as a mass casualty, major	55204
emergency, natural disaster, or national emergency.	55205

(H) "Emergency medical service organization" means an	55206
organization that uses ~~EMTs-basic~~EMTs, ~~EMTs-I~~advanced EMTs, or	55207
paramedics, or a combination of ~~EMTs-basic~~EMTs, ~~EMTs-I~~advanced	55208
EMTs, and paramedics, to provide medical care to victims of	55209
illness or injury. An emergency medical service organization	55210
includes, but is not limited to, a commercial ambulance service	55211
organization, a hospital, and a funeral home.	55212

(I) "~~EMT-basic~~EMT," "~~EMT-I~~advanced EMT," and "paramedic"	55213
have the same meanings as in section 4765.01 of the Revised Code.	55214

(J) "Fixed wing air ambulance" means a fixed wing aircraft	55215
that is specifically designed, constructed, or modified and	55216
equipped and is intended to be used as a means of air medical	55217
transportation.	55218

(K) "Intermediate life support" means treatment described in	55219
section 4765.38 of the Revised Code that an ~~EMT-I~~advanced EMT is	55220
certified to perform.	55221

(L) "Major emergency" means any emergency event that cannot	55222
be resolved through the use of locally available emergency	55223
resources.	55224

(M) "Mass casualty" means an emergency event that results in	55225
ten or more persons being injured, incapacitated, made ill, or	55226
killed.	55227

(N) "Medical emergency" means an unforeseen event affecting	55228
an individual in such a manner that a need for immediate care is	55229
created.	55230

(O) "Mobile intensive care unit" means an ambulance used only	55231
for maintaining specialized or intensive care treatment and used	55232
primarily for interhospital transports of patients whose	55233
conditions require care beyond the scope of a paramedic as	55234
provided in section 4765.39 of the Revised Code.	55235

(P)(1) "Nonemergency medical service organization" means a	55236
person that does both of the following:	55237

(a) Provides services to the public on a regular basis for	55238
the purpose of transporting individuals who require the use of a	55239
wheelchair or are confined to a wheelchair to receive health care	55240
services at health care facilities or health care practitioners'	55241
offices in nonemergency circumstances;	55242

(b) Provides the services for a fee, regardless of whether	55243
the fee is paid by the person being transported, a third party	55244
payer, as defined in section 3702.51 of the Revised Code, or any	55245
other person or government entity.	55246

(2) "Nonemergency medical service organization" does not	55247
include a health care facility, as defined in section 1751.01 of	55248
the Revised Code, that provides ambulette services only to	55249
patients of that facility.	55250

(Q) "Nontransport vehicle" means a motor vehicle operated by	55251
a licensed emergency medical service organization not as an	55252
ambulance, but as a vehicle for providing services in conjunction	55253
with the ambulances operated by the organization or other	55254
emergency medical service organizations.	55255

(R) "Patient" means any individual who as a result of illness	55256
or injury needs medical attention, whose physical or mental	55257
condition is such that there is imminent danger of loss of life or	55258
significant health impairment, who may be otherwise incapacitated	55259
or helpless as a result of a physical or mental condition, or	55260
whose physical condition requires the use of a wheelchair.	55261

(S) "Rotorcraft air ambulance" means a helicopter or other	55262
aircraft capable of vertical takeoffs, vertical landings, and	55263
hovering that is specifically designed, constructed, or modified	55264
and equipped and is intended to be used as a means of air medical	55265
transportation.	55266

Sec. 4766.03. (A) The ~~Ohio~~state board of emergency medical,	55267
fire, and transportation ~~board~~services shall adopt rules, in	55268
accordance with Chapter 119. of the Revised Code, implementing the	55269
requirements of this chapter. The rules shall include provisions	55270
relating to the following:	55271

(1) Requirements for an emergency medical service	55272
organization to receive a permit for an ambulance or nontransport	55273
vehicle;	55274

(2) Requirements for an emergency medical service	55275
organization to receive a license as a basic life-support,	55276
intermediate life-support, advanced life-support, or mobile	55277
intensive care unit organization;	55278

(3) Requirements for a nonemergency medical service	55279
organization to receive a permit for an ambulette vehicle;	55280

(4) Requirements for a nonemergency medical service	55281
organization to receive a license for an ambulette service;	55282

(5) Requirements for an air medical service organization to	55283
receive a permit for a rotorcraft air ambulance or fixed wing air	55284
ambulance;	55285

(6) Requirements for licensure of air medical service	55286
organizations;	55287

(7) Forms for applications and renewals of licenses and	55288
permits;	55289

(8) Requirements for record keeping of service responses made	55290
by licensed emergency medical service organizations;	55291

(9) Fee amounts for licenses and permits, and their renewals;

55292

(10) Inspection requirements for licensees' vehicles or	55293
aircraft, records, and physical facilities;	55294

(11) Fee amounts for inspections of ambulances, ambulettes,	55295
rotorcraft air ambulances, fixed wing air ambulances, and	55296
nontransport vehicles;	55297

(12) Requirements for ambulances and nontransport vehicles	55298
used by licensed emergency medical service organizations, for	55299
ambulette vehicles used by licensed nonemergency medical service	55300
organizations, and for rotorcraft air ambulances or fixed wing air	55301
ambulances used by licensed air medical service organizations that	55302
specify for each type of vehicle or aircraft the types of	55303
equipment that must be carried, the communication systems that	55304
must be maintained, and the personnel who must staff the vehicle	55305
or aircraft;	55306

(13) The level of care each type of emergency medical service	55307
organization, nonemergency medical service organization, and air	55308
medical service organization is authorized to provide;	55309

(14) Eligibility requirements for employment as an ambulette	55310
driver, including grounds for disqualification due to the results	55311
of a motor vehicle law violation check, chemical test, or criminal	55312
records check. The rule may require that an applicant for	55313
employment as an ambulette driver provide a set of fingerprints to	55314
law enforcement authorities if the applicant comes under final	55315
consideration for employment.	55316

(15) Any other rules that the board determines necessary for	55317
the implementation and enforcement of this chapter.	55318

(B) In the rules for ambulances and nontransport vehicles	55319
adopted under division (A)(12) of this section, the board may	55320
establish requirements that vary according to whether the	55321
emergency medical service organization using the vehicles is	55322
licensed as a basic life-support, intermediate life-support,	55323
advanced life-support, or mobile intensive care unit organization.	55324

(C) A mobile intensive care unit that is not dually certified	55325
to provide advanced life-support and meets the requirements of the	55326
rules adopted under this section is not required to carry	55327
immobilization equipment, including board splint kits, traction	55328
splints, backboards, backboard straps, cervical immobilization	55329
devices, cervical collars, stair chairs, folding cots, or other	55330
types of immobilization equipment determined by the board to be	55331
unnecessary for mobile intensive care units.	55332

A mobile intensive care unit is exempt from the emergency	55333
medical technician staffing requirements of section 4765.43 of the	55334
Revised Code when it is staffed by at least one physician or	55335
registered nurse and another person, designated by a physician,	55336
who holds a valid license or certificate to practice in a health	55337
care profession, and when at least one of the persons staffing the	55338
mobile intensive care unit is a registered nurse whose training	55339
meets or exceeds the training required for a paramedic.	55340

Sec. 4766.04. (A) Except as otherwise provided in this	55341
chapter, no person shall furnish, operate, conduct, maintain,	55342
advertise, engage in, or propose or profess to engage in the	55343
business or service in this state of transporting persons who are	55344
seriously ill, injured, or otherwise incapacitated or who require	55345
the use of a wheelchair or are confined to a wheelchair unless the	55346
person is licensed pursuant to this section.	55347

(B) To qualify for a license as a basic life-support,	55348
intermediate life-support, advanced life-support, or mobile	55349
intensive care unit organization, an emergency medical service	55350
organization shall do all of the following:	55351

(1) Apply for a permit for each ambulance and nontransport	55352
vehicle owned or leased as provided in section 4766.07 of the	55353
Revised Code;	55354

(2) Meet all requirements established in rules adopted by the	55355
~~Ohio~~state board of emergency medical, fire, and transportation	55356
~~board~~services regarding ambulances and nontransport vehicles,	55357
including requirements pertaining to equipment, communications	55358
systems, staffing, and level of care the particular organization	55359
is permitted to render;	55360

(3) Maintain the appropriate type and amount of insurance as	55361
specified in section 4766.06 of the Revised Code;	55362

(4) Meet all other requirements established under rules	55363
adopted by the board for the particular license.	55364

(C) To qualify for a license to provide ambulette service, a	55365
nonemergency medical service organization shall do all of the	55366
following:	55367

(1) Apply for a permit for each ambulette owned or leased as	55368
provided in section 4766.07 of the Revised Code;	55369

(2) Meet all requirements established in rules adopted by the	55370
~~Ohio~~state board of emergency medical, fire, and transportation	55371
~~board~~services regarding ambulettes, including requirements	55372
pertaining to equipment, communication systems, staffing, and	55373
level of care the organization is permitted to render;	55374

(3) Maintain the appropriate type and amount of insurance as	55375
specified in section 4766.06 of the Revised Code;	55376

(4) Meet all other requirements established under rules	55377
adopted by the board for the license.	55378

(D) To qualify for a license to provide air medical	55379
transportation, an air medical service organization shall do all	55380
of the following:	55381

(1) Apply for a permit for each rotorcraft air ambulance and	55382
fixed wing air ambulance owned or leased as provided in section	55383
4766.07 of the Revised Code;	55384

(2) Meet all requirements established in rules adopted by the	55385
~~Ohio~~state board of emergency medical, fire, and transportation	55386
~~board~~services regarding rotorcraft air ambulances and fixed wing	55387
air ambulances, including requirements pertaining to equipment,	55388
communication systems, staffing, and level of care the	55389
organization is permitted to render;	55390

(3) Maintain the appropriate type and amount of insurance as	55391
specified in section 4766.06 of the Revised Code;	55392

(4) Meet all other requirements established under rules	55393
adopted by the board for the license.	55394

(E) An emergency medical service organization that applies	55395
for a license as a basic life-support, intermediate life-support,	55396
advanced life-support, or mobile intensive care unit organization;	55397
a nonemergency medical service organization that applies for a	55398
license to provide ambulette service; or an air medical service	55399
organization that applies for a license to provide air medical	55400
transportation shall submit a completed application to the board,	55401
on a form provided by the board for each particular license,	55402
together with the appropriate fees established under section	55403
4766.05 of the Revised Code. The application form shall include	55404
all of the following:	55405

(1) The name and business address of the operator of the	55406
organization for which licensure is sought;	55407

(2) The name under which the applicant will operate the	55408
organization;	55409

(3) A list of the names and addresses of all officers and	55410
directors of the organization;	55411

(4) For emergency medical service organizations and	55412
nonemergency medical service organizations, a description of each	55413
vehicle to be used, including the make, model, year of	55414
manufacture, mileage, vehicle identification number, and the color	55415
scheme, insignia, name, monogram, or other distinguishing	55416
characteristics to be used to designate the applicant's vehicle;	55417

(5) For air medical service organizations using fixed wing	55418
air ambulances, a description of each aircraft to be used,	55419
including the make, model, year of manufacture, and aircraft hours	55420
on airframe;	55421

(6) For air medical service organizations using rotorcraft	55422
air ambulances, a description of each aircraft to be used,	55423
including the make, model, year of manufacture, aircraft hours on	55424
airframe, aircraft identification number, and the color scheme,	55425
insignia, name, monogram, or other distinguishing characteristics	55426
to be used to designate the applicant's rotorcraft air ambulance;	55427

(7) The location and description of each place from which the	55428
organization will operate;	55429

(8) A description of the geographic area to be served by the	55430
applicant;	55431

(9) Any other information the board, by rule, determines	55432
necessary.	55433

(F) Within sixty days after receiving a completed application	55434
for licensure as a basic life-support, intermediate life-support,	55435
advanced life-support, or mobile intensive care unit organization;	55436
an ambulette service; or an air medical service organization, the	55437
board shall approve or deny the application. The board shall deny	55438
an application if it determines that the applicant does not meet	55439
the requirements of this chapter or any rules adopted under it.	55440
The board shall send notice of the denial of an application by	55441
certified mail to the applicant. The applicant may request a	55442
hearing within ten days after receipt of the notice. If the board	55443
receives a timely request, it shall hold a hearing in accordance	55444
with Chapter 119. of the Revised Code.	55445

(G) If an applicant or licensee operates or plans to operate	55446
an organization in more than one location under the same or	55447
different identities, the applicant or licensee shall apply for	55448
and meet all requirements for licensure or renewal of a license,	55449
other than payment of a license fee or renewal fee, for operating	55450
the organization at each separate location. An applicant or	55451
licensee that operates or plans to operate under the same	55452
organization identity in separate locations shall pay only a	55453
single license fee.	55454

(H) An emergency medical service organization that wishes to	55455
provide ambulette services to the public must apply for a separate	55456
license under division (C) of this section.	55457

(I) Each license issued under this section and each permit	55458
issued under section 4766.07 of the Revised Code expires one year	55459
after the date of issuance and may be renewed in accordance with	55460
the standard renewal procedures of Chapter 4745. of the Revised	55461
Code. An application for renewal shall include the license or	55462
permit renewal fee established under section 4766.05 of the	55463
Revised Code. An applicant for renewal of a permit also shall	55464
submit to the board proof of an annual inspection of the vehicle	55465
or aircraft for which permit renewal is sought. The board shall	55466
renew a license if the applicant meets the requirements for	55467
licensure and shall renew a permit if the applicant and vehicle or	55468
aircraft meet the requirements to maintain a permit for that	55469
vehicle or aircraft.	55470

(J) Each licensee shall maintain accurate records of all	55471
service responses conducted. The records shall be maintained on	55472
forms prescribed by the board and shall contain information as	55473
specified by rule by the board.	55474

Sec. 4766.05. (A) The ~~Ohio~~state board of emergency medical,	55475
fire, and transportation ~~board~~services shall establish by rule a	55476
license fee, a permit fee for each ambulance, ambulette,	55477
rotorcraft air ambulance, fixed wing air ambulance, and	55478
nontransport vehicle owned or leased by the licensee that is or	55479
will be used as provided in section 4766.07 of the Revised Code,	55480
and fees for renewals of licenses and permits, taking into	55481
consideration the actual costs incurred by the board in carrying	55482
out its duties under this chapter. However, the fee for each	55483
license and each renewal of a license shall not exceed one hundred	55484
dollars, and the fee for each permit and each renewal of a permit	55485
shall not exceed one hundred dollars for each ambulance,	55486
rotorcraft air ambulance, fixed wing air ambulance, and	55487
nontransport vehicle. The ~~fee for each permit and each renewal of~~	55488
~~a permit shall be twenty-five dollars for each ambulette for one~~	55489
~~year after March 9, 2004. Thereafter, the~~ board shall determine by	55490
rule the fee, which shall not exceed fifty dollars, for each	55491
permit and each renewal of a permit for each ambulette. For	55492
purposes of establishing fees, "actual costs" includes the costs	55493
of salaries, expenses, inspection equipment, supervision, and	55494
program administration.	55495

(B) The board shall deposit all fees and other moneys	55496
collected pursuant to sections 4766.04, 4766.07, and 4766.08 of	55497
the Revised Code in the state treasury to the credit of the	55498
~~occupational licensing~~trauma and ~~regulatory~~emergency medical	55499
services fund, which is created by section ~~4743.05~~4513.263 of the	55500
Revised Code. ~~All moneys from the fund shall be used solely for~~	55501
~~the salaries and expenses of the board incurred in implementing~~	55502
~~and enforcing this chapter.~~	55503

(C) The board, subject to the approval of the controlling	55504
board, may establish fees in excess of the maximum amounts allowed	55505
under division (A) of this section, but such fees shall not exceed	55506
those maximum amounts by more than fifty per cent.	55507

Sec. 4766.07. (A) Except as otherwise provided by rule of	55508
the ~~Ohio~~state board of emergency medical, fire, and	55509
transportation ~~board~~services, each emergency medical service	55510
organization, nonemergency medical service organization, and air	55511
medical service organization subject to licensure under this	55512
chapter shall possess a valid permit for each ambulance,	55513
ambulette, rotorcraft air ambulance, fixed wing air ambulance, and	55514
nontransport vehicle it owns or leases that is or will be used by	55515
the licensee to perform the services permitted by the license.	55516
Each licensee and license applicant shall submit the appropriate	55517
fee and an application for a permit for each ambulance, ambulette,	55518
rotorcraft air ambulance, fixed wing air ambulance, and	55519
nontransport vehicle to the ~~Ohio~~state board of emergency	55520
medical, fire, and transportation ~~board~~services on forms provided	55521
by the board. The application shall include documentation that the	55522
vehicle or aircraft meets the appropriate standards set by the	55523
board, that the vehicle or aircraft has been inspected pursuant to	55524
division (C) of this section, that the permit applicant maintains	55525
insurance as provided in section 4766.06 of the Revised Code, and	55526
that the vehicle or aircraft and permit applicant meet any other	55527
requirements established under rules adopted by the board.	55528

The ~~Ohio~~state board of emergency medical, fire, and	55529
transportation ~~board~~services may adopt rules in accordance with	55530
Chapter 119. of the Revised Code to authorize the temporary use of	55531
a vehicle or aircraft for which a permit is not possessed under	55532
this section in back-up or disaster situations.	55533

(B)(1) Within sixty days after receiving a completed	55534
application for a permit, the board shall issue or deny the	55535
permit. The board shall deny an application if it determines that	55536
the permit applicant, vehicle, or aircraft does not meet the	55537
requirements of this chapter and the rules adopted under it that	55538
apply to permits for ambulances, ambulettes, rotorcraft air	55539
ambulances, fixed wing air ambulances, and nontransport vehicles.	55540
The board shall send notice of the denial of an application by	55541
certified mail to the permit applicant. The permit applicant may	55542
request a hearing within ten days after receipt of the notice. If	55543
the board receives a timely request, it shall hold a hearing in	55544
accordance with Chapter 119. of the Revised Code.	55545

(2) If the board issues the vehicle permit for an ambulance,	55546
ambulette, or nontransport vehicle, it also shall issue a decal,	55547
in a form prescribed by rule, to be displayed on the rear window	55548
of the vehicle. The board shall not issue a decal until all of the	55549
requirements for licensure and permit issuance have been met.	55550

(3) If the board issues the aircraft permit for a rotorcraft	55551
air ambulance or fixed wing air ambulance, it also shall issue a	55552
decal, in a form prescribed by rule, to be displayed on the left	55553
fuselage aircraft window in a manner that complies with all	55554
applicable federal aviation regulations. The board shall not issue	55555
a decal until all of the requirements for licensure and permit	55556
issuance have been met.	55557

(C) In addition to any other requirements that the board	55558
establishes by rule, a licensee or license applicant applying for	55559
an initial vehicle or aircraft permit under division (A) of this	55560
section shall submit to the board the vehicle or aircraft for	55561
which the permit is sought. Thereafter, a licensee shall annually	55562
submit to the board each vehicle or aircraft for which a permit	55563
has been issued.	55564

(1) The board shall conduct a physical inspection of an	55565
ambulance, ambulette, or nontransport vehicle to determine its	55566
roadworthiness and compliance with standard motor vehicle	55567
requirements.	55568

(2) The board shall conduct a physical inspection of the	55569
medical equipment, communication system, and interior of an	55570
ambulance to determine the operational condition and safety of the	55571
equipment and the ambulance's interior and to determine whether	55572
the ambulance is in compliance with the federal requirements for	55573
ambulance construction that were in effect at the time the	55574
ambulance was manufactured, as specified by the general services	55575
administration in the various versions of its publication titled	55576
"federal specification for the star-of-life ambulance,	55577
KKK-A-1822."	55578

(3) The board shall conduct a physical inspection of the	55579
equipment, communication system, and interior of an ambulette to	55580
determine the operational condition and safety of the equipment	55581
and the ambulette's interior and to determine whether the	55582
ambulette is in compliance with state requirements for ambulette	55583
construction. The board shall determine by rule requirements for	55584
the equipment, communication system, interior, and construction of	55585
an ambulette.	55586

(4) The board shall conduct a physical inspection of the	55587
medical equipment, communication system, and interior of a	55588
rotorcraft air ambulance or fixed wing air ambulance to determine	55589
the operational condition and safety of the equipment and the	55590
aircraft's interior.	55591

(5) The board shall issue a certificate to the applicant for	55592
each vehicle or aircraft that passes the inspection and may assess	55593
a fee for each inspection, as established by the board.	55594

(6) The board shall adopt rules regarding the implementation	55595
and coordination of inspections. The rules may permit the board to	55596
contract with a third party to conduct the inspections required of	55597
the board under this section.	55598

Sec. 4766.08. (A) The ~~Ohio~~state board of emergency medical,	55599
fire, and transportation ~~board may~~services, pursuant to an	55600
adjudication conducted in accordance with Chapter 119. of the	55601
Revised Code, may suspend or revoke any license or permit or	55602
renewal thereof issued under this chapter for any one or	55603
combination of the following causes:	55604

(1) Violation of this chapter or any rule adopted thereunder;

55605

(2) Refusal to permit the board to inspect a vehicle or	55606
aircraft used under the terms of a permit or to inspect the	55607
records or physical facilities of a licensee;	55608

(3) Failure to meet the ambulance, ambulette, rotorcraft air	55609
ambulance, fixed wing air ambulance, and nontransport vehicle	55610
requirements specified in this chapter or the rules adopted	55611
thereunder;	55612

(4) Violation of an order issued by the board;

55613

(5) Failure to comply with any of the terms of an agreement	55614
entered into with the board regarding the suspension or revocation	55615
of a license or permit or the imposition of a penalty under this	55616
section.	55617

(B) If the board determines that the records, record-keeping	55618
procedures, or physical facilities of a licensee, or an ambulance,	55619
ambulette, rotorcraft air ambulance, fixed wing air ambulance, or	55620
nontransport vehicle for which a valid permit has been issued, do	55621
not meet the standards specified in this chapter and the rules	55622
adopted thereunder, the board shall notify the licensee of any	55623
deficiencies within thirty days of finding the deficiencies. If	55624
the board determines that the deficiencies exist and they remain	55625
uncorrected after thirty days, the board may suspend the license,	55626
vehicle permit, or aircraft permit. The licensee, notwithstanding	55627
the suspension under this division, may operate until all appeals	55628
have been exhausted.	55629

(C) At the discretion of the board, a licensee whose license	55630
has been suspended or revoked under this section may be ineligible	55631
to be licensed under this chapter for a period of not more than	55632
three years from the date of the violation, provided that the	55633
board shall make no determination on a period of ineligibility	55634
until all the licensee's appeals relating to the suspension or	55635
revocation have been exhausted.	55636

(D) The board may, in addition to any other action taken	55637
under this section and after a hearing conducted pursuant to	55638
Chapter 119. of the Revised Code, impose a penalty of not more	55639
than fifteen hundred dollars for any violation specified in this	55640
section. The attorney general shall institute a civil action for	55641
the collection of any such penalty imposed.	55642

Sec. 4766.09. This chapter does not apply to any of the	55643
following:	55644

(A) A person rendering services with an ambulance in the	55645
event of a disaster situation when licensees' vehicles based in	55646
the locality of the disaster situation are incapacitated or	55647
insufficient in number to render the services needed;	55648

(B) Any person operating an ambulance, ambulette, rotorcraft	55649
air ambulance, or fixed wing air ambulance outside this state	55650
unless receiving a person within this state for transport to a	55651
location within this state;	55652

(C) A publicly owned or operated emergency medical service	55653
organization and the vehicles it owns or leases and operates,	55654
except as provided in section 307.051, division (G) of section	55655
307.055, division (F) of section 505.37, division (B) of section	55656
505.375, and division (B)(3) of section 505.72 of the Revised	55657
Code;	55658

(D) An ambulance, ambulette, rotorcraft air ambulance, fixed	55659
wing air ambulance, or nontransport vehicle owned or leased and	55660
operated by the federal government;	55661

(E) A publicly owned and operated fire department vehicle;

55662

(F) Emergency vehicles owned by a corporation and operating	55663
only on the corporation's premises, for the sole use by that	55664
corporation;	55665

(G) An ambulance, nontransport vehicle, or other emergency	55666
medical service organization vehicle owned and operated by a	55667
municipal corporation;	55668

(H) A motor vehicle titled in the name of a volunteer rescue	55669
service organization, as defined in section 4503.172 of the	55670
Revised Code;	55671

(I) A public emergency medical service organization;

55672

(J) A fire department, rescue squad, or life squad comprised	55673
of volunteers who provide services without expectation of	55674
remuneration and do not receive payment for services other than	55675
reimbursement for expenses;	55676

(K) A private, nonprofit emergency medical service	55677
organization when fifty per cent or more of its personnel are	55678
volunteers, as defined in section 4765.01 of the Revised Code;	55679

(L) Emergency medical service personnel who are regulated by	55680
the state board of emergency medical, fire, and transportation	55681
services under Chapter 4765. of the Revised Code;	55682

(M) Any of the following that operates a transit bus, as that	55683
term is defined in division (Q) of section 5735.01 of the Revised	55684
Code, unless the entity provides ambulette services that are	55685
reimbursed under the state medicaid plan:	55686

(1) A public nonemergency medical service organization;

55687

(2) An urban or rural public transit system;

55688

(3) A private nonprofit organization that receives grants	55689
under section 5501.07 of the Revised Code.	55690

(N)(1) An entity, to the extent it provides ambulette	55691
services, if the entity meets all of the following conditions:	55692

(a) The entity is certified by the department of aging or the	55693
department's designee in accordance with section 173.391 of the	55694
Revised Code or operates under a contract or grant agreement with	55695
the department or the department's designee in accordance with	55696
section 173.392 of the Revised Code.	55697

(b) The entity meets the requirements of section 4766.14 of	55698
the Revised Code.	55699

(c) The entity does not provide ambulette services that are	55700
reimbursed under the state medicaid plan.	55701

(2) A vehicle, to the extent it is used to provide ambulette	55702
services, if the vehicle meets both of the following conditions:	55703

(a) The vehicle is owned by an entity that meets the	55704
conditions specified in division (N)(1) of this section.	55705

(b) The vehicle does not provide ambulette services that are	55706
reimbursed under the state medicaid plan.	55707

(O) A vehicle that meets both of the following criteria,	55708
unless the vehicle provides services that are reimbursed under the	55709
state medicaid plan:	55710

(1) The vehicle was purchased with funds from a grant made by	55711
the United States secretary of transportation under 49 U.S.C.	55712
5310;	55713

(2) The department of transportation holds a lien on the	55714
vehicle.	55715

Sec. 4766.10. This chapter does not invalidate any ordinance	55716
or resolution adopted by a municipal corporation that establishes	55717
standards for the licensure of emergency medical service	55718
organizations as basic life-support, intermediate life-support, or	55719
advanced life-support service organizations that have their	55720
principal places of business located within the limits of the	55721
municipal corporation, as long as the licensure standards meet or	55722
exceed the standards established in this chapter and the rules	55723
adopted thereunder.	55724

Emergency medical service organizations licensed by a	55725
municipal corporation are subject to the jurisdiction of the ~~Ohio~~	55726
state board of emergency medical, fire, and transportation ~~board~~	55727
services, but the fees they pay to the board for licenses,	55728
permits, and renewals thereof shall not exceed fifty per cent of	55729
the fee amounts established by the board pursuant to section	55730
4766.03 of the Revised Code. The board may choose to waive the	55731
vehicle inspection requirements and inspection fees, but not the	55732
permit fees, for the vehicles of organizations licensed by a	55733
municipal corporation.	55734

Sec. 4766.11. (A) The ~~Ohio~~state board of emergency medical,	55735
fire, and transportation ~~board~~services may investigate alleged	55736
violations of this chapter or the rules adopted under it and may	55737
investigate any complaints received regarding alleged violations.	55738

In addition to any other remedies available and regardless of	55739
whether an adequate remedy at law exists, the board may apply to	55740
the court of common pleas in the county where a violation of any	55741
provision of this chapter or any rule adopted pursuant thereto is	55742
occurring for a temporary or permanent injunction restraining a	55743
person from continuing to commit that violation. On a showing that	55744
a person has committed a violation, the court shall grant the	55745
injunction.	55746

In conducting an investigation under this section, the board	55747
may issue subpoenas compelling the attendance and testimony of	55748
witnesses and the production of books, records, and other	55749
documents pertaining to the investigation. If a person fails to	55750
obey a subpoena from the board, the board may apply to the court	55751
of common pleas in the county where the investigation is being	55752
conducted for an order compelling the person to comply with the	55753
subpoena. On application by the board, the court shall compel	55754
obedience by attachment proceedings for contempt, as in the case	55755
of disobedience of the requirements of a subpoena from the court	55756
or a refusal to testify therein.	55757

(B) The ~~medical transportation~~ board may suspend a license	55758
issued under this chapter without a prior hearing if it determines	55759
that there is evidence that the license holder is subject to	55760
action under this section and that there is clear and convincing	55761
evidence that continued operation by the license holder presents a	55762
danger of immediate and serious harm to the public. The	55763
chairperson and executive director of the board shall make a	55764
preliminary determination and describe the evidence on which they	55765
made their determination to the board members. The board by	55766
resolution may designate another board member to act in place of	55767
the chairperson or another employee to act in place of the	55768
executive director in the event that the chairperson or executive	55769
director is unavailable or unable to act. Upon review of the	55770
allegations, the board, by the affirmative vote of ~~at least four~~a	55771
majority of its members, may suspend the license without a	55772
hearing.	55773

~~Any method of communication, including a telephone conference~~	55774
~~call, may be utilized for describing the evidence to the board~~	55775
~~members, for reviewing the allegations, and for voting on the~~	55776
~~suspension.~~	55777

Immediately following the decision by the board to suspend a	55778
license under this division, the board shall issue a written order	55779
of suspension and cause it to be delivered in accordance with	55780
section 119.07 of the Revised Code. If the license holder subject	55781
to the suspension requests an adjudication hearing by the board,	55782
the date set for the adjudication shall be within fifteen days but	55783
not earlier than seven days after the request unless another date	55784
is agreed to by the license holder and the board.	55785

Any summary suspension imposed under this division remains in	55786
effect, unless reversed by the board, until a final adjudicative	55787
order issued by the board pursuant to this section and Chapter	55788
119. of the Revised Code becomes effective. The board shall issue	55789
its final adjudicative order not less than ninety days after	55790
completion of its adjudication hearing. Failure to issue the order	55791
by that day shall cause the summary suspension order to end, but	55792
such failure shall not affect the validity of any subsequent final	55793
adjudication order.	55794

Sec. 4766.12. If a county, township, joint ambulance	55795
district, or joint emergency medical services district chooses to	55796
have the ~~Ohio~~state board of emergency medical, fire, and	55797
transportation ~~board~~services license its emergency medical	55798
service organizations and issue permits for its vehicles pursuant	55799
to this chapter, except as may be otherwise provided, all	55800
provisions of this chapter and all rules adopted by the board	55801
thereunder are fully applicable. However, a county, township,	55802
joint ambulance district, or joint emergency medical services	55803
district is not required to obtain any type of permit from the	55804
board for any of its nontransport vehicles.	55805

Sec. 4766.13. The ~~Ohio~~state board of emergency medical,	55806
fire, and transportation ~~board~~services, by endorsement, may	55807
license and issue vehicle permits to an emergency medical service	55808
organization or a nonemergency medical service organization that	55809
is regulated by another state. To qualify for a license and	55810
vehicle permits by endorsement, an organization must submit	55811
evidence satisfactory to the board that it has met standards in	55812
another state that are equal to or more stringent than the	55813
standards established by this chapter and the rules adopted under	55814
it.	55815

Sec. 4766.15. (A) An applicant for employment as an	55816
ambulette driver with an organization licensed pursuant to this	55817
chapter shall submit proof to the organization of, or give consent	55818
to the employer to obtain, all of the following:	55819

(1)(a) A valid driver's license issued pursuant to Chapter	55820
4506. or 4507. of the Revised Code, or its equivalent, if the	55821
applicant is a resident of another state;	55822

(b) A recent certified abstract of the applicant's record of	55823
convictions for violations of motor vehicle laws provided by the	55824
registrar of motor vehicles pursuant to section 4509.05 of the	55825
Revised Code, or its equivalent, if the applicant is a resident of	55826
another state.	55827

(2)(a) A certificate of completion of a course in first aid	55828
techniques offered by the American red cross or an equivalent	55829
organization;	55830

(b) A certificate of completion of a course in	55831
cardiopulmonary resuscitation, or its equivalent, offered by an	55832
organization approved by the ~~Ohio~~state board of emergency	55833
medical, fire, and transportation ~~board~~services.	55834

(3) The result of a chemical test or tests of the applicant's	55835
blood, breath, or urine conducted at a hospital or other	55836
institution approved by the board for the purpose of determining	55837
the alcohol, drug of abuse, controlled substance, or metabolite of	55838
a controlled substance content of the applicant's whole blood,	55839
blood serum or plasma, breath, or urine;	55840

(4) The result of a criminal records check conducted by the	55841
bureau of criminal identification and investigation.	55842

(B) An organization may employ an applicant on a temporary	55843
provisional basis pending the completion of all of the	55844
requirements of this section. The length of the provisional period	55845
shall be determined by the board.	55846

(C) An organization licensed pursuant to this chapter shall	55847
use information received pursuant to this section to determine in	55848
accordance with rules adopted by the ~~Ohio~~state board of emergency	55849
medical, fire, and transportation ~~board~~services under section	55850
4766.03 of the Revised Code whether an applicant is disqualified	55851
for employment.	55852

No applicant shall be accepted for permanent employment as an	55853
ambulette driver by an organization licensed pursuant to this	55854
chapter until all of the requirements of division (A) of this	55855
section have been met.	55856

Sec. 4766.22. (A) Not later than forty-five days after the	55857
end of each fiscal year, the ~~Ohio~~state board of emergency	55858
medical, fire, and transportation ~~board~~services shall submit a	55859
report to the governor and general assembly that provides all of	55860
the following information for that fiscal year:	55861

(1) The number of each of the following the board issued:

55862

(a) Basic life-support organization licenses;

55863

(b) Intermediate life-support organization licenses;

55864

55865

(d) Mobile intensive care unit organization licenses;

55866

(e) Ambulette service licenses;

55867

(f) Air medical service organization licenses;

55868

(g) Ambulance permits;

55869

(h) Nontransport vehicle permits;

55870

(i) Ambulette vehicle permits;

55871

(j) Rotorcraft air ambulance permits;

55872

(k) Fixed wing air ambulance permits.

55873

(2) The amount of fees the board collected for issuing and	55874
renewing each type of license and permit specified in division	55875
(A)(1) of this section;	55876

(3) The number of inspections the board or a third party on	55877
the board's behalf conducted in connection with each type of	55878
license and permit specified in division (A)(1) of this section	55879
and the amount of fees the board collected for the inspections;	55880

(4) The number of complaints that were submitted to the	55881
board;	55882

(5) The number of investigations the board conducted under	55883
section 4766.11 of the Revised Code;	55884

(6) The number of adjudication hearings the board held and	55885
the outcomes of the adjudications;	55886

(7) The amount of penalties the board imposed and collected	55887
under section 4766.08 of the Revised Code;	55888

(8) Other information the board determines reflects the	55889
board's operations.	55890

(B) The board shall post the annual report required by this	55891
section on its web site and make it available to the public on	55892
request.	55893

Sec. 4773.08. The ~~public~~director of health ~~council~~ shall	55894
adopt rules to implement and administer this chapter. In adopting	55895
the rules, the ~~council~~director shall consider any recommendations	55896
made by the radiation advisory council created under section	55897
3701.93 of the Revised Code. The rules shall be adopted in	55898
accordance with Chapter 119. of the Revised Code and shall not be	55899
less stringent than any applicable standards specified in 42	55900
C.F.R. 75. The rules shall establish all of the following:	55901

(A) Standards for licensing general x-ray machine operators,	55902
radiographers, radiation therapy technologists, and nuclear	55903
medicine technologists;	55904

(B) Application and renewal fees for licenses issued under	55905
this chapter that do not exceed the cost incurred in issuing and	55906
renewing the licenses;	55907

(C) Standards for accreditation of educational programs and	55908
approval of continuing education programs in general x-ray machine	55909
operation, radiography, radiation therapy technology, and nuclear	55910
medicine technology;	55911

(D) Fees for accrediting educational programs and approving	55912
continuing education programs in general x-ray machine operation,	55913
radiography, radiation therapy technology, and nuclear medicine	55914
technology that do not exceed the cost incurred in accrediting the	55915
educational programs;	55916

(E) Fees for issuing conditional licenses under section	55917
4773.05 of the Revised Code that do not exceed the cost incurred	55918
in issuing the licenses;	55919

(F) Continuing education requirements that must be met to	55920
have a license renewed under section 4773.03 of the Revised Code;	55921

(G) Continuing education requirements that the holder of a	55922
conditional license must meet to receive a license issued under	55923
section 4773.03 of the Revised Code;	55924

(H) Any other rules necessary for the implementation or	55925
administration of this chapter.	55926

Sec. 4781.01. As used in this chapter:

55927

(A) "Industrialized unit" has the same meaning as in division	55928
(C)(3) of section 3781.06 of the Revised Code.	55929

(B) "Installation" means any of the following:

55930

(1) The temporary or permanent construction of stabilization,	55931
support, and anchoring systems for manufactured housing;	55932

(2) The placement and erection of a manufactured housing unit	55933
or components of a unit on a structural support system;	55934

(3) The supporting, blocking, leveling, securing, anchoring,	55935
underpinning, or adjusting of any section or component of a	55936
manufactured housing unit;	55937

(4) The joining or connecting of all sections or components	55938
of a manufactured housing unit.	55939

(C) "Manufactured home" has the same meaning as in division	55940
(C)(4) of section 3781.06 of the Revised Code.	55941

(D) "Manufactured home park" ~~has the same meaning as in~~	55942
~~division (A) of section 3733.01 of the Revised Code~~means any	55943
tract of land upon which three or more manufactured or mobile	55944
homes used for habitation are parked, either free of charge or for	55945
revenue purposes, and includes any roadway, building, structure,	55946
vehicle, or enclosure used or intended for use as a part of the	55947
facilities of the park. "Manufactured home park" does not include	55948
any of the following:	55949

(1) A tract of land used solely for the storage or display	55950
for sale of manufactured or mobile homes or solely as a temporary	55951
park-camp as defined in section 3729.01 of the Revised Code;	55952

(2) A tract of land that is subdivided and the individual	55953
lots are for sale or sold for the purpose of installation of	55954
manufactured or mobile homes used for habitation and the roadways	55955
are dedicated to the local government authority;	55956

(3) A tract of land within an area that is subject to local	55957
zoning authority and subdivision requirements and is subdivided,	55958
and the individual lots are for sale or sold for the purpose of	55959
installation of manufactured or mobile homes for habitation.	55960

(E) "Manufactured housing" means manufactured homes and	55961
mobile homes.	55962

(F) "Manufactured housing installer" means an individual who	55963
installs manufactured housing.	55964

(G) "Mobile home" has the same meaning as in division (O) of	55965
section 4501.01 of the Revised Code.	55966

(H) "Model standards" means the federal manufactured home	55967
installation standards established pursuant to 42 U.S.C. 5404.	55968

(I) "Permanent foundation" has the same meaning as in	55969
division (C)(5) of section 3781.06 of the Revised Code.	55970

(J) "Business" includes any activities engaged in by any	55971
person for the object of gain, benefit, or advantage either direct	55972
or indirect.	55973

(K) "Casual sale" means any transfer of a manufactured home	55974
or mobile home by a person other than a manufactured housing	55975
dealer, manufactured housing salesperson, or manufacturer to an	55976
ultimate consumer or a person who purchases the home for use as a	55977
residence.	55978

(L) "Engaging in business" means commencing, conducting, or	55979
continuing in business, or liquidating a business when the	55980
liquidator thereof holds self out to be conducting such business;	55981
making a casual sale or otherwise making transfers in the ordinary	55982
course of business when the transfers are made in connection with	55983
the disposition of all or substantially all of the transferor's	55984
assets is not engaging in business.	55985

(M) "Manufactured home park operator" ~~has the same meaning as~~	55986
~~"operator" in section 3733.01 of the Revised Code~~or "park	55987
operator" means the person who has responsible charge of a	55988
manufactured home park and who is licensed under sections 4781.26	55989
to 4781.35 of the Revised Code.	55990

(N) "Manufactured housing broker" means any person acting as	55991
a selling agent on behalf of an owner of a manufactured home or	55992
mobile home that is subject to taxation under section 4503.06 of	55993
the Revised Code.	55994

(O) "Manufactured housing dealer" means any person engaged in	55995
the business of selling at retail, displaying, offering for sale,	55996
or dealing in manufactured homes or mobile homes.	55997

(P) "Manufacturer" means a person who manufacturers,	55998
assembles, or imports manufactured homes or mobile homes.	55999

(Q) "Retail sale" or "sale at retail" means the act or	56000
attempted act of selling, bartering, exchanging, or otherwise	56001
disposing of a manufactured home or mobile home to an ultimate	56002
purchaser for use as a residence.	56003

(R) "Salesperson" means any individual employed by a	56004
manufactured housing dealer or manufactured housing broker to	56005
sell, display, and offer for sale, or deal in manufactured homes	56006
or mobile homes for a commission, compensation, or other valuable	56007
consideration, but does not mean any public officer performing	56008
official duties.	56009

(S) "Ultimate purchaser" means, with respect to any new	56010
manufactured home, the first person, other than a manufactured	56011
housing dealer purchasing in the capacity of a manufactured	56012
housing dealer, who purchases such new manufactured home for	56013
purposes other than resale.	56014

(T) "Tenant" means a person who is entitled under a rental	56015
agreement with a manufactured home park operator to occupy a	56016
manufactured home park lot and who does not own the home occupying	56017
the lot.	56018

(U) "Owner" means a person who is entitled under a rental	56019
agreement with a manufactured home park operator to occupy a	56020
manufactured home park lot and who owns the home occupying the	56021
lot.	56022

(V) "Resident" means a person entitled under a rental	56023
agreement to the use and occupancy of residential premises to the	56024
exclusion of others. "Resident" includes both tenants and owners.	56025

(W) "Residential premises" means a lot located within a	56026
manufactured home park and the grounds, areas, and facilities	56027
contained within the manufactured home park for the use of	56028
residents generally or the use of which is promised to a resident.	56029

(X) "Rental agreement" means any agreement or lease, written	56030
or oral, that establishes or modifies the terms, conditions,	56031
rules, or any other provisions concerning the use and occupancy of	56032
residential premises by one of the parties.	56033

(Y) "Security deposit" means any deposit of money or property	56034
to secure performance by the resident under a rental agreement.	56035

(Z) "Development" means any artificial change to improved or	56036
unimproved real estate, including, without limitation, buildings	56037
or structures, dredging, filling, grading, paving, excavation or	56038
drilling operations, or storage of equipment or materials, and the	56039
construction, expansion, or substantial alteration of a	56040
manufactured home park, for which plan review is required under	56041
division (A) of section 4781.31 of the Revised Code. "Development"	56042
does not include the building, construction, erection, or	56043
manufacture of any building to which section 3781.06 of the	56044
Revised Code is applicable.	56045

(AA) "Flood" or "flooding" means either of the following:

56046

(1) A general and temporary condition of partial or complete	56047
inundation of normally dry land areas from any of the following:	56048

(a) The overflow of inland or tidal waters;

56049

(b) The unusual and rapid accumulation or runoff of surface	56050
waters from any source;	56051

(c) Mudslides that are proximately caused by flooding as	56052
defined in division (AA)(1)(b) of this section and that are akin	56053
to a river of liquid and flowing mud on the surface of normally	56054
dry land areas, as when earth is carried by a current of water and	56055
deposited along the path of the current.	56056

(2) The collapse or subsidence of land along the shore of a	56057
lake or other body of water as a result of erosion or undermining	56058
that is caused by waves or currents of water exceeding anticipated	56059
cyclical levels or that is suddenly caused by an unusually high	56060
water level in a natural body of water, and that is accompanied by	56061
a severe storm, by an unanticipated force of nature, such as a	56062
flash flood, by an abnormal tidal surge, or by some similarly	56063
unusual and unforeseeable event, that results in flooding as	56064
defined in division (AA)(1)(a) of this section.	56065

(BB) "Flood plain" means the area adjoining any river,	56066
stream, watercourse, or lake that has been or may be covered by	56067
flood water.	56068

(CC) "One-hundred-year flood" means a flood having a one per	56069
cent chance of being equaled or exceeded in any given year.	56070

(DD) "One-hundred-year flood plain" means that portion of a	56071
flood plain inundated by a one-hundred-year flood.	56072

(EE) "Person" has the same meaning as in section 1.59 of the	56073
Revised Code and also includes this state, any political	56074
subdivision of this state, and any other state or local body of	56075
this state.	56076

(FF) "Substantial damage" means damage of any origin	56077
sustained by a manufactured or mobile home that is situated in a	56078
manufactured home park located in a flood plain when the cost of	56079
restoring the home to its condition before the damage occurred	56080
will equal or exceed fifty per cent of the market value of the	56081
home before the damage occurred.	56082

(GG) "Substantially alter" means a change in the layout or	56083
design of a manufactured home park, including, without limitation,	56084
the movement of utilities or changes in established streets, lots,	56085
or sites or in other facilities. In the case of manufactured home	56086
parks located within a one-hundred-year flood plain,	56087
"substantially alter" also includes changes in elevation resulting	56088
from the addition of fill, grading, or excavation that may affect	56089
flood plain management.	56090

(HH) "Tract" means a contiguous area of land that consists of	56091
one or more parcels, lots, or sites that have been separately	56092
surveyed regardless of whether the individual parcels, lots, or	56093
sites have been recorded and regardless of whether the one or more	56094
parcels, lots, or sites are under common or different ownership.	56095

Sec. 4781.02. (A) There is hereby created the manufactured	56096
homes commission which consists of nine members, with three	56097
members appointed by the governor, three members appointed by the	56098
president of the senate, and three members appointed by the	56099
speaker of the house of representatives.	56100

(B)(1) Commission members shall be residents of this state,	56101
except for members appointed pursuant to divisions (B)(3)(b) and	56102
(B)(4)(a) of this section. Members shall be selected from a list	56103
of persons the Ohio manufactured homes association, or any	56104
successor entity, recommends, except for appointments made	56105
pursuant to division (B)(2) of this section.	56106

(2) The governor shall appoint the following members:

56107

(a) One member to represent the board of building standards,	56108
who may be a member of the board or a board employee not in the	56109
classified civil service, with an initial term ending December 31,	56110
2007;	56111

(b) One member ~~to represent the department of health, who may~~	56112
~~be a department employee not in the classified civil service, with~~	56113
~~an initial term ending December 31, 2005~~who is registered as a	56114
sanitarian in accordance with Chapter 4736. of the Revised Code,	56115
has experience with the regulation of manufactured homes, and is	56116
an employee of a health district described in section 3709.01 of	56117
the Revised Code;	56118

(c) One member whose primary residence is a manufactured	56119
home, with an initial term ending December 31, 2006.	56120

(3) The president of the senate shall appoint the following	56121
members:	56122

(a) Two members who are manufactured housing installers who	56123
have been actively engaged in the installation of manufactured	56124
housing for the five years immediately prior to appointment, with	56125
the initial term of one installer ending December 31, 2007, and	56126
the initial term of the other installer ending December 31, 2005.	56127

(b) One member who manufactures manufactured homes in this	56128
state or who manufactures manufactured homes in another state and	56129
ships homes into this state, to represent manufactured home	56130
manufacturers, with an initial term ending December 31, 2006.	56131

(4) The speaker of the house of representatives shall appoint	56132
the following members:	56133

(a) One member who operates a manufactured or mobile home	56134
retail business in this state to represent manufactured housing	56135
dealers, with an initial term ending December 31, 2007;	56136

(b) One member who is a manufactured home park operator or is	56137
employed by an operator, with an initial term ending December 31,	56138
2005;	56139

(c) One member to represent the Ohio manufactured home	56140
association, or any successor entity, who may be the president or	56141
executive director of the association or the successor entity,	56142
with an initial term ending December 31, 2006.	56143

(C)(1) After the initial term, each term of office is for	56144
four years ending on the thirty-first day of December. A member	56145
holds office from the date of appointment until the end of the	56146
term. No member may serve more than two consecutive four-year	56147
terms.	56148

(2) Any member appointed to fill a vacancy that occurs prior	56149
to the expiration of a term continues in office for the remainder	56150
of that term. Any member continues in office subsequent to the	56151
expiration date of the term until the member's successor takes	56152
office or until sixty days have elapsed, which ever occurs first.	56153

(3) A vacancy on the commission does not impair the authority	56154
of the remaining members to exercise all of the commission's	56155
powers.	56156

(D)(1) The governor may remove any member from office for	56157
incompetence, neglect of duty, misfeasance, nonfeasance,	56158
malfeasance, or unprofessional conduct in office.	56159

(2) Vacancies shall be filled in the manner of the original	56160
appointment.	56161

Sec. 4781.04. (A) The manufactured homes commission shall	56162
adopt rules pursuant to Chapter 119. of the Revised Code to do all	56163
of the following:	56164

(1) Establish uniform standards that govern the installation	56165
of manufactured housing. Not later than one hundred eighty days	56166
after the secretary of the United States department of housing and	56167
urban development adopts model standards for the installation of	56168
manufactured housing or amends those standards, the commission	56169
shall amend its standards as necessary to be consistent with, and	56170
not less stringent than, the model standards for the design and	56171
installation of manufactured housing the secretary adopts or any	56172
manufacturers' standards that the secretary determines are equal	56173
to or not less stringent than the model standards.	56174

(2) Govern the inspection of the installation of manufactured	56175
housing. The rules shall specify that the commission, any building	56176
department or personnel of any department, ~~any licensor or~~	56177
~~personnel of any licensor,~~ or any private third party, certified	56178
pursuant to section 4781.07 of the Revised Code shall conduct all	56179
inspections of the installation of manufactured housing located in	56180
manufactured home parks to determine compliance with the uniform	56181
installation standards the commission establishes pursuant to this	56182
section.	56183

~~As used in division (A)(2) of this section, "licensor" has~~	56184
~~the same meaning as in section 3733.01 of the Revised Code.~~	56185

(3) Govern the design, construction, installation, approval,	56186
and inspection of foundations and the base support systems for	56187
manufactured housing. The rules shall specify that the commission,	56188
any building department or personnel of any department, ~~any~~	56189
~~licensor or personnel of any licensor,~~ or any private third party,	56190
certified pursuant to section 4781.07 of the Revised Code shall	56191
conduct all inspections of the installation, foundations, and base	56192
support systems of manufactured housing located in manufactured	56193
home parks to determine compliance with the uniform installation	56194
standards and foundation and base support system design the	56195
commission establishes pursuant to this section.	56196

~~As used in division (A)(3) of this section, "licensor" has~~	56197
~~the same meaning as in section 3733.01 of the Revised Code.~~	56198

(4) Govern the training, experience, and education	56199
requirements for manufactured housing installers, manufactured	56200
housing dealers, manufactured housing brokers, and manufactured	56201
housing salespersons;	56202

(5) Establish a code of ethics for manufactured housing	56203
installers;	56204

(6) Govern the issuance, revocation, and suspension of	56205
licenses to manufactured housing installers;	56206

(7) Establish fees for the issuance and renewal of licenses,	56207
for conducting inspections to determine an applicant's compliance	56208
with this chapter and the rules adopted pursuant to it, and for	56209
the commission's expenses incurred in implementing this chapter;	56210

(8) Establish conditions under which a licensee may enter	56211
into contracts to fulfill the licensee's responsibilities;	56212

(9) Govern the investigation of complaints concerning any	56213
violation of this chapter or the rules adopted pursuant to it or	56214
complaints involving the conduct of any licensed manufactured	56215
housing installer or person installing manufactured housing	56216
without a license, licensed manufactured housing dealer, licensed	56217
manufactured housing broker, or manufactured housing salesperson;	56218

(10) Establish a dispute resolution program for the timely	56219
resolution of warranty issues involving new manufactured homes,	56220
disputes regarding responsibility for the correction or repair of	56221
defects in manufactured housing, and the installation of	56222
manufactured housing. The rules shall provide for the timely	56223
resolution of disputes between manufacturers, manufactured housing	56224
dealers, and installers regarding the correction or repair of	56225
defects in manufactured housing that are reported by the purchaser	56226
of the home during the one-year period beginning on the date of	56227
installation of the home. The rules also shall provide that	56228
decisions made regarding the dispute under the program are not	56229
binding upon the purchaser of the home or the other parties	56230
involved in the dispute unless the purchaser so agrees in a	56231
written acknowledgement that the purchaser signs and delivers to	56232
the program within ten business days after the decision is issued.	56233

(11) Establish the requirements and procedures for the	56234
certification of building departments and building department	56235
personnel pursuant to section 4781.07 of the Revised Code;	56236

(12) Establish fees to be charged to building departments and	56237
building department personnel applying for certification and	56238
renewal of certification pursuant to section 4781.07 of the	56239
Revised Code;	56240

(13) Develop a policy regarding the maintenance of records	56241
for any inspection authorized or conducted pursuant to this	56242
chapter. Any record maintained under division (A)(13) of this	56243
section shall be a public record under section 149.43 of the	56244
Revised Code.	56245

(14) Carry out any other provision of this chapter.

56246

(B) The manufactured homes commission shall do all of the	56247
following:	56248

(1) Prepare and administer a licensure examination to	56249
determine an applicant's knowledge of manufactured housing	56250
installation and other aspects of installation the commission	56251
determines appropriate;	56252

(2) Select, provide, or procure appropriate examination	56253
questions and answers for the licensure examination and establish	56254
the criteria for successful completion of the examination;	56255

(3) Prepare and distribute any application form this chapter	56256
requires;	56257

(4) Receive applications for licenses and renewal of licenses	56258
and issue licenses to qualified applicants;	56259

(5) Establish procedures for processing, approving, and	56260
disapproving applications for licensure;	56261

(6) Retain records of applications for licensure, including	56262
all application materials submitted and a written record of the	56263
action taken on each application;	56264

(7) Review the design and plans for manufactured housing	56265
installations, foundations, and support systems;	56266

(8) Inspect a sample of homes at a percentage the commission	56267
determines to evaluate the construction and installation of	56268
manufactured housing installations, foundations, and support	56269
systems to determine compliance with the standards the commission	56270
adopts;	56271

(9) Investigate complaints concerning violations of this	56272
chapter or the rules adopted pursuant to it, or the conduct of any	56273
manufactured housing installer, manufactured housing dealer,	56274
manufactured housing broker, or manufactured housing salesperson;	56275

(10) Determine appropriate disciplinary actions for	56276
violations of this chapter;	56277

(11) Conduct audits and inquiries of manufactured housing	56278
installers, manufactured housing dealers, and manufactured housing	56279
brokers as appropriate for the enforcement of this chapter. The	56280
commission, or any person the commission employs for the purpose,	56281
may review and audit the business records of any manufactured	56282
housing installer, dealer, or broker during normal business hours.	56283

(12) Approve an installation training course, which may be	56284
offered by the Ohio manufactured homes association or other	56285
entity;	56286

(13) Perform any function or duty necessary to administer	56287
this chapter and the rules adopted pursuant to it.	56288

(C) Nothing in this section shall be construed to limit the	56289
authority of a board of health to enforce section 3701.344 or	56290
Chapters 3703., 3718., and 3781. of the Revised Code.	56291

Sec. 4781.07. (A) Pursuant to rules the manufactured homes	56292
commission adopts, the commission may certify municipal, township,	56293
and county building departments and the personnel of those	56294
departments, ~~licensors as defined in section 3733.01 of the~~	56295
~~Revised Code and the personnel of those licensors,~~ or any private	56296
third party, to exercise the commission's enforcement authority,	56297
accept and approve plans and specifications for foundations,	56298
support systems and installations, and inspect manufactured	56299
housing foundations, support systems, and manufactured housing	56300
installations. Any certification is effective for three years.	56301

(B) Following an investigation and finding of facts that	56302
support its action, the commission may revoke or suspend	56303
certification. The commission may initiate an investigation on its	56304
own motion or the petition of a person affected by the enforcement	56305
or approval of plans.	56306

Sec. 4781.09. (A) The manufactured homes commission may deny,	56307
suspend, revoke, or refuse to renew the license of any	56308
manufactured home installer for any of the following reasons:	56309

(1) Failure to satisfy the requirements of section 4781.08 or	56310
4781.10 of the Revised Code;	56311

(2) Violation of this chapter or any rule adopted pursuant to	56312
it;	56313

(3) Making a material misstatement in an application for a	56314
license;	56315

(4) Installing manufactured housing without a license or	56316
without being under the supervision of a licensed manufactured	56317
housing installer;	56318

(5) Failure to appear for a hearing before the commission or	56319
to comply with any final adjudication order of the commission	56320
issued pursuant to this chapter;	56321

(6) Conviction of a felony or a crime involving moral	56322
turpitude;	56323

(7) Having had a license revoked, suspended, or denied by the	56324
commission during the preceding two years;	56325

(8) Having had a license revoked, suspended, or denied by	56326
another state or jurisdiction during the preceding two years;	56327

(9) Engaging in conduct in another state or jurisdiction that	56328
would violate this chapter if committed in this state.	56329

(10) Failing to provide written notification of an	56330
installation pursuant to division (D) of section 4781.11 of the	56331
Revised Code to a county treasurer or county auditor.	56332

(B)(1) Any person whose license or license application is	56333
revoked, suspended, denied, or not renewed or upon whom a civil	56334
penalty is imposed ~~pursuant to division (C) of this section~~ may	56335
request an adjudication hearing on the matter within thirty days	56336
after receipt of the notice of the action. The hearing shall be	56337
held in accordance with Chapter 119. of the Revised Code.	56338

(2) Any licensee or applicant may appeal an order made	56339
pursuant to an adjudication hearing in the manner provided in	56340
section 119.12 of the Revised Code.	56341

(C) ~~As an alternative to suspending, revoking, or refusing to~~	56342
~~renew a manufactured housing installer's license, the commission~~	56343
~~may impose a civil penalty of not less than one hundred dollars or~~	56344
~~more than five hundred dollars per violation of this chapter or~~	56345
~~any rule adopted pursuant to it. The commission shall deposit~~	56346
~~penalties in the occupational licensing and regulatory fund~~	56347
~~pursuant to section 4743.05 of the Revised Code.~~	56348

~~(D)~~ A person whose license is suspended, revoked, or not	56349
renewed may apply for a new license two years after the date on	56350
which the license was suspended, revoked, or not renewed.	56351

Sec. 4781.121. (A) The manufactured homes commission,	56352
pursuant to section 4781.04 of the Revised Code, may investigate	56353
any person who allegedly has committed a violation. If, after an	56354
investigation the commission determines that reasonable evidence	56355
exists that a person has committed a violation, within seven days	56356
after that determination, the commission shall send a written	56357
notice to that person in the same manner as prescribed in section	56358
119.07 of the Revised Code for licensees, except that the notice	56359
shall specify that a hearing will be held and specify the date,	56360
time, and place of the hearing.	56361

(B) The commission shall hold a hearing regarding the alleged	56362
violation in the same manner prescribed for an adjudication	56363
hearing under section 119.09 of the Revised Code. If the	56364
commission, after the hearing, determines that a violation has	56365
occurred, the commission, upon an affirmative vote of five of its	56366
members, may impose a fine not exceeding one thousand dollars per	56367
violation per day. The commission's determination is an order that	56368
the person may appeal in accordance with section 119.12 of the	56369
Revised Code.	56370

(C) If the person who allegedly committed a violation fails	56371
to appear for a hearing, the commission may request the court of	56372
common pleas of the county where the alleged violation occurred to	56373
compel the person to appear before the commission for a hearing.	56374

(D) If the commission assesses a person a civil penalty for a	56375
violation and the person fails to pay that civil penalty within	56376
the time period prescribed by the commission pursuant to section	56377
131.02 of the Revised Code, the commission shall forward to the	56378
attorney general the name of the person and the amount of the	56379
civil penalty for the purpose of collecting that civil penalty. In	56380
addition to the civil penalty assessed pursuant to this section,	56381
the person also shall pay any fee assessed by the attorney general	56382
for collection of the civil penalty.	56383

(E) The authority provided to the commission pursuant to this	56384
section, and any fine imposed under this section, shall be in	56385
addition to, and not in lieu of, all penalties and other remedies	56386
provided in this chapter. Any fines collected pursuant to this	56387
section shall be used solely to administer and enforce this	56388
chapter and rules adopted under it. Any fees collected pursuant to	56389
this section shall be transmitted to the treasurer of state and	56390
shall be credited to the manufactured homes commission regulatory	56391
fund created in section 4781.54 of the Revised Code and the rules	56392
adopted thereunder. The fees shall be used only for the purpose of	56393
administering and enforcing sections 4781.26 to 4781.35 of the	56394
Revised Code and the rules adopted thereunder.	56395

(F) As used in this section, "violation" means a violation of	56396
section 4781.11, 4781.16, or 4781.27, or any rule adopted pursuant	56397
to section 4781.04, of the Revised Code.	56398

Sec. 4781.14. (A) ~~Except as provided in division (A)(3) of~~	56399
~~section 3733.02 of the Revised Code, the state, through the~~The	56400
manufactured homes commission, has exclusive authority to regulate	56401
manufactured home installers, the installation of manufactured	56402
housing, and manufactured housing foundations and support systems	56403
in ~~the~~this state. By enacting this chapter, it is the intent of	56404
the general assembly to preempt municipal corporations and other	56405
political subdivisions from regulating and licensing manufactured	56406
housing installers and regulating and inspecting the installation	56407
of manufactured housing and manufactured housing foundations and	56408
support systems.	56409

(B) ~~Except as provided in division (A)(3) of section 3733.02~~	56410
~~of the Revised Code, the~~The manufactured homes commission has	56411
exclusive power to adopt rules of uniform application throughout	56412
the state governing installation of manufactured housing, the	56413
inspection of manufactured housing foundations and support	56414
systems, the inspection of the installation of manufactured	56415
housing, the training and licensing of manufactured housing	56416
installers, and the investigation of complaints concerning	56417
manufactured housing installers.	56418

(C) ~~Except as provided in division (A)(3) of section 3733.02~~	56419
~~of the Revised Code, the~~The rules the commission adopts pursuant	56420
to this chapter are the exclusive rules governing the installation	56421
of manufactured housing, the design, construction, and approval of	56422
foundations for manufactured housing, the licensure of	56423
manufactured home installers, and the fees charged for licensure	56424
of manufactured home installers. No political subdivision of the	56425
state or any department or agency of the state may establish any	56426
other standards governing the installation of manufactured	56427
housing, manufactured housing foundations and support systems, the	56428
licensure of manufactured housing installers, or fees charged for	56429
the licensure of manufactured housing installers.	56430

(D) Nothing in this section limits the authority of the	56431
attorney general to enforce Chapter 1345. of the Revised Code or	56432
to take any action permitted by the Revised Code against	56433
manufactured housing installers, retailers, or manufacturers.	56434

Sec. 4781.15. The remedies provided in ~~sections 4781.01 to~~	56435
~~4781.14 of the Revised Code~~this chapter are in addition to	56436
remedies otherwise available for the same conduct under state or	56437
local law.	56438

Sec. 4781.16. (A) Except as provided in division (E) of this	56439
section, no person shall do any of the following:	56440

(1) Engage in the business of displaying or selling at retail	56441
manufactured homes or mobile homes or assume to engage in that	56442
business, unless the person is licensed as a manufactured housing	56443
dealer under this chapter, or is a salesperson licensed under this	56444
chapter and employed by a licensed manufactured housing dealer;	56445

(2) Make more than five casual sales of manufactured homes or	56446
mobile homes in a twelve-month period without obtaining a license	56447
as a manufactured housing dealer under this chapter;	56448

(3) Purchase a manufactured home directly from the	56449
manufacturer without obtaining a license as a manufactured housing	56450
dealer under this chapter;	56451

(4) Engage in the business of brokering manufactured homes	56452
unless that person is licensed as a manufactured housing broker	56453
under this chapter or licensed as a real estate broker or	56454
salesperson pursuant to Chapter 4735. of the Revised Code.	56455

(B)(1) Except as provided in this division, no manufactured	56456
housing dealer shall sell, display, offer for sale, or deal in	56457
manufactured homes or mobile homes at any place except an	56458
established place of business that is used exclusively for the	56459
purpose of selling, displaying, offering for sale, or dealing in	56460
manufactured homes or mobile homes.	56461

(2) No manufactured housing broker shall engage in the	56462
business of brokering manufactured or mobile homes at any place	56463
except an established place of business that is used exclusively	56464
for the purpose of brokering manufactured and mobile homes.	56465

(3) A place of business used for the brokering or sale of	56466
manufactured homes or mobile homes is considered to be used	56467
exclusively for brokering, selling, displaying, offering for sale,	56468
or dealing in manufactured or mobile homes even though	56469
industrialized units, as defined by section 3781.06 of the Revised	56470
Code, are brokered, sold, displayed, offered for sale, or dealt at	56471
the same place of business.	56472

(4) If the licensed manufactured housing dealer is a	56473
manufactured home park operator, then all of the following apply:	56474

(a) An established place of business that is located in the	56475
operator's manufactured home park and that is used for selling,	56476
leasing, and renting manufactured homes and mobile homes in that	56477
manufactured home park is considered to be used exclusively for	56478
that purpose even though rent and other activities related to the	56479
operation of the manufactured home park take place at the same	56480
location or office.	56481

(b) The dealer's established place of business in the	56482
manufactured home park shall be staffed by someone licensed and	56483
regulated under this chapter who could reasonably assist any	56484
retail customer with or without an appointment, but such	56485
established place of business need not satisfy office size,	56486
display lot size, and physical barrier requirements applicable to	56487
other used motor vehicle dealers.	56488

(c) The manufactured and mobile homes being offered for sale,	56489
lease, or rental by the dealer may be located on individual rental	56490
lots inside the operator's manufactured home park.	56491

(C) Nothing in this chapter shall be construed as prohibiting	56492
the sale of a new or used manufactured or mobile home located in a	56493
manufactured home park by a licensed manufactured housing dealer.	56494

(D) Nothing in this section shall be construed to prohibit	56495
persons licensed under this chapter from making sales calls.	56496

(E)(1) This chapter does not apply to mortgagees selling at	56497
retail only those manufactured homes or mobile homes that have	56498
come into their possession by a default in the terms of a mortgage	56499
contract.	56500

(2) When a partnership licensed under this chapter is	56501
dissolved by death, the surviving partners may operate under the	56502
manufactured housing dealer license for a period of sixty days,	56503
and the heirs or representatives of deceased persons and receivers	56504
or trustees in bankruptcy appointed by any competent authority may	56505
operate under the license of the person succeeded in possession by	56506
that heir, representative, receiver, or trustee in bankruptcy.	56507

~~Sec. 3733.02.~~ Sec. 4781.26. (A)~~(1)~~ The ~~public health council~~	56508
manufactured homes commission, subject to Chapter 119. of the	56509
Revised Code, shall adopt, and has the exclusive power to adopt,	56510
rules of uniform application throughout the state governing the	56511
review of plans, issuance of flood plain management permits, and	56512
issuance of licenses for manufactured home parks; the location,	56513
layout, density, construction, drainage, sanitation, safety, and	56514
operation of those parks; and notices of flood events concerning,	56515
and flood protection at, those parks. The rules pertaining to	56516
flood plain management shall be consistent with and not less	56517
stringent than the flood plain management criteria of the national	56518
flood insurance program adopted under the "National Flood	56519
Insurance Act of 1968," 82 Stat. 572, 42 U.S.C.A. 4001, as	56520
amended. The rules shall not apply to the construction, erection,	56521
or manufacture of any building to which section 3781.06 of the	56522
Revised Code is applicable.	56523

~~(2)~~(B) The rules pertaining to manufactured home parks	56524
constructed after June 30, 1971, shall specify that each home must	56525
be placed on its lot to provide not less than fifteen feet between	56526
the side of one home and the side of another home, ten feet	56527
between the end of one home and the side of another home, and five	56528
feet between the ends of two homes placed end to end.	56529

~~(3)~~(C) The manufactured homes commission shall determine	56530
compliance with the installation, blocking, tiedown, foundation,	56531
and base support system standards for manufactured housing located	56532
in manufactured home parks adopted by the commission pursuant to	56533
section 4781.04 of the Revised Code. All inspections of the	56534
installation, blocking, tiedown, foundation, and base support	56535
systems of manufactured housing in a manufactured home park that	56536
the ~~department of health or a licensor~~commission conducts shall	56537
be conducted by a person ~~who has completed an installation~~	56538
~~training course approved by~~ the manufactured homes commission	56539
certifies pursuant to ~~division (B)(12) of~~ section ~~4781.04~~4781.07	56540
of the Revised Code.	56541

~~As used in division (A)(3) of this section, "manufactured~~	56542
~~housing" has the same meaning as in section 4781.01 of the Revised~~	56543
~~Code.~~	56544

~~(B) The public health council, in accordance with Chapter~~	56545
~~119. of the Revised Code, shall adopt rules of uniform application~~	56546
~~throughout the state establishing requirements and procedures in~~	56547
~~accordance with which the director of health may authorize~~	56548
~~licensors for the purposes of sections 3733.022 and 3733.025 of~~	56549
~~the Revised Code. The rules shall include at least provisions~~	56550
~~under which a licensor may enter into contracts for the purpose of~~	56551
~~fulfilling the licensor's responsibilities under either or both of~~	56552
~~those sections.~~	56553

(D) The manufactured homes commission may enter into	56554
contracts for the purpose of fulfilling the commission's annual	56555
inspection responsibilities for manufactured home parks under this	56556
chapter. Boards of health of city or general health districts	56557
shall have the right of first refusal for those contracts.	56558

~~Sec. 3733.03.~~ Sec. 4781.27. (A)(1) On or after the first day of	56559
December, but before the first day of January of the next year,	56560
every person who intends to operate a manufactured home park shall	56561
procure a license to operate the park for the next year from the	56562
~~licensor~~manufactured homes commission. If the applicable license	56563
fee prescribed under section ~~3733.04~~4781.28 of the Revised Code	56564
is not received by the ~~licensor~~commission by the close of	56565
business on the last day of December, the applicant for the	56566
license shall pay a penalty equal to twenty-five per cent of the	56567
applicable license fee. The penalty shall accompany the license	56568
fee. If the last day of December is not a business day, the	56569
penalty attaches upon the close of business on the next business	56570
day.	56571

(2) No manufactured home park shall be maintained or operated	56572
in this state without a license.	56573

(3) No person who has received a license, upon the sale or	56574
disposition of the manufactured home park, may have the license	56575
transferred to the new operator. A person shall obtain a separate	56576
license to operate each manufactured home park.	56577

(B) Before a license is initially issued and annually	56578
thereafter, or more often if necessary, the ~~licensor~~commission	56579
shall cause each manufactured home park to be inspected ~~relative~~	56580
tofor compliance with sections ~~3733.01~~4781.26 to ~~3733.08~~4781.35	56581
of the Revised Code and the rules adopted under those sections. A	56582
record shall be made of each inspection on a form prescribed by	56583
the ~~director of health~~commission.	56584

(C) Each person applying for an initial license to operate a	56585
manufactured home park shall provide acceptable proof to the	56586
~~director~~ commission that adequate fire protection will be	56587
provided and that applicable fire codes will be adhered to in the	56588
construction and operation of the park.	56589

~~Sec. 3733.04.~~ Sec. 4781.28. The ~~licensor of a manufactured home~~	56590
~~park~~manufactured homes commission may charge a fee for an annual	56591
license to operate ~~such~~ a manufactured home park. The fee for a	56592
license shall be determined in accordance with section ~~3709.09~~	56593
4781.26 of the Revised Code and shall include the cost of	56594
licensing and all inspections.	56595

~~The fee also shall include any additional amount determined~~	56596
~~by rule of the public health council, which shall be collected and~~	56597
~~transmitted by the board of health to the director of health~~	56598
~~pursuant to section 3709.092 of the Revised Code and used only for~~	56599
~~the purpose of administering and enforcing sections 3733.01 to~~	56600
~~3733.08 of the Revised Code and the rules adopted under those~~	56601
~~sections. The portion of any fee retained by the board of health~~	56602
Any fees collected shall be ~~paid into a special fund~~transmitted	56603
to the treasurer of state and shall be credited to the	56604
manufactured homes commission regulatory fund created in section	56605
4781.54 of the Revised Code and used only for the purpose of	56606
administering and enforcing sections ~~3733.01~~4781.26 to ~~3733.08~~	56607
4781.35 of the Revised Code and the rules adopted thereunder.	56608

~~Sec. 3733.05.~~ Sec. 4781.29. The ~~licensor of the health district in~~	56609
~~which a manufactured home park is or is to be located, in~~	56610
~~accordance with Chapter 119. of the Revised Code,~~manufactured	56611
homes commission may refuse to grant, may suspend, or may revoke	56612
any license granted to any person for failure to comply with	56613
sections ~~3733.01~~4781.26 to ~~3733.08~~4781.35 of the Revised Code or	56614
with any rule adopted ~~by the public health council~~ under section	56615
~~3733.02~~4781.26 of the Revised Code.	56616

~~Sec. 3733.06.~~ Sec. 4781.30. (A) Upon a license being issued under	56617
sections ~~3733.03~~4781.27 to ~~3733.05~~4781.29 of the Revised Code,	56618
any operator shall have the right to rent or use each lot for the	56619
parking or placement of a manufactured home or mobile home to be	56620
used for human habitation without interruption for any period	56621
coextensive with any license or consecutive licenses issued under	56622
sections ~~3733.03~~4781.27 to ~~3733.05~~4781.29 of the Revised Code.	56623

(B) No operator of a manufactured home park shall sell	56624
individual lots in a park for eight years following the issuance	56625
of the initial license for the park unless, at the time of sale,	56626
the park fulfills all platting and subdivision requirements	56627
established by the political subdivision in which the park is	56628
located, or the political subdivision has entered into an	56629
agreement with the operator regarding platting and subdivision	56630
requirements and the operator has fulfilled the terms of that	56631
agreement.	56632

~~Sec. 3733.07.~~ Sec. 4781.301. Fees authorized or charged under	56633
sections ~~3733.021, 3733.022~~4781.31, 4781.32, and ~~3733.04~~4781.28	56634
of the Revised Code are in lieu of all license and inspection fees	56635
on or with respect to the operation or ownership of manufactured	56636
home parks within this state, except that the licensor may charge	56637
additional reasonable fees for the collection and bacteriological	56638
examination of any necessary water samples taken from any such	56639
park.	56640

~~Sec. 3733.021.~~ Sec. 4781.31. (A) No person shall cause development	56641
to occur within any portion of a manufactured home park until the	56642
plans for the development have been submitted to and reviewed and	56643
approved by the ~~director of health~~manufactured homes commission.	56644
This division does not require that plans be submitted to the	56645
~~director~~commission for approval for the replacement of	56646
manufactured or mobile homes on previously approved lots in a	56647
manufactured home park when no development is to occur in	56648
connection with the replacement. Within thirty days after receipt	56649
of the plans, all supporting documents and materials required to	56650
complete the review, and the applicable plan review fee	56651
established under division (D) of this section, the ~~director~~	56652
commission shall approve or disapprove the plans.	56653

(B) Any person aggrieved by the ~~director's~~commission's	56654
disapproval of a set of plans under division (A) of this section	56655
may request a hearing on the matter within thirty days after	56656
receipt of the ~~director's~~commission's notice of the disapproval.	56657
The hearing shall be held in accordance with Chapter 119. of the	56658
Revised Code. Thereafter, the disapproval may be appealed in the	56659
manner provided in section 119.12 of the Revised Code.	56660

(C) The ~~director~~commission shall establish a system by which	56661
development occurring within a manufactured home park is inspected	56662
or verified in accordance with rules adopted under ~~division (A) of~~	56663
section ~~3733.02~~4781.26 of the Revised Code to ensure that the	56664
development complies with the plans approved under division (A) of	56665
this section.	56666

(D) The ~~public health council~~commission shall establish fees	56667
for reviewing plans under division (A) of this section and	56668
conducting inspections under division (C) of this section.	56669

(E) The ~~director~~commission shall charge the appropriate fees	56670
established under division (D) of this section for reviewing plans	56671
under division (A) of this section and conducting inspections	56672
under division (C) of this section. All such plan review and	56673
inspection fees received by the ~~director~~commission shall be	56674
transmitted to the treasurer of state and shall be credited to the	56675
~~general operations~~occupational licensing and regulatory fund	56676
created in section ~~3701.83~~4743.05 of the Revised Code. Moneys so	56677
credited to the fund shall be used only for the purpose of	56678
administering and enforcing sections ~~3733.01~~4781.26 to ~~3733.08~~	56679
4781.35 of the Revised Code and rules adopted under those	56680
sections.	56681

(F) Plan approvals issued under this section do not	56682
constitute an exemption from the land use and building	56683
requirements of the political subdivision in which the	56684
manufactured home park is or is to be located.	56685

~~Sec. 3733.022.~~ Sec. 4781.32. (A) No person shall cause development	56686
to occur or cause the replacement of a mobile or manufactured home	56687
within any portion of a manufactured home park that is located	56688
within a one-hundred-year flood plain unless the person first	56689
obtains a permit from the ~~director of health or a licensor~~	56690
~~authorized by the director~~manufactured homes commission. If the	56691
development for which a permit is required under this division is	56692
to occur on a lot where a mobile or manufactured home is or is to	56693
be located, the owner of the home and the operator of the	56694
manufactured home park shall jointly obtain the permit. Each of	56695
the persons to whom a permit is jointly issued is responsible for	56696
compliance with the provisions of the approved permit that are	56697
applicable to that person.	56698

The ~~director or a licensor authorized by the director~~	56699
commission shall disapprove an application for a permit required	56700
under this division unless the ~~director or the licensor~~commission	56701
finds that the proposed development or replacement of a mobile or	56702
manufactured home complies with the rules adopted under ~~division~~	56703
~~(A) of~~ section ~~3733.02~~4781.26 of the Revised Code. No permit is	56704
required under this division for the construction, erection, or	56705
manufacture of any building to which section 3781.06 of the	56706
Revised Code applies.	56707

The ~~director or a licensor authorized by the director~~	56708
commission may suspend or revoke a permit issued under this	56709
division for failure to comply with the rules adopted under	56710
~~division (A) of~~ section ~~3733.02~~4781.26 of the Revised Code	56711
pertaining to flood plain management or for failure to comply with	56712
the approved permit.	56713

Any person aggrieved by the disapproval, suspension, or	56714
revocation of a permit under this division by the ~~director or by a~~	56715
~~licensor authorized by the director~~commission may request a	56716
hearing on the matter within thirty days after receipt of the	56717
notice of the disapproval, suspension, or revocation. The hearing	56718
shall be held in accordance with Chapter 119. of the Revised Code.	56719
Thereafter, an appeal of the disapproval, suspension, or	56720
revocation may be taken in the manner provided in section 119.12	56721
of the Revised Code.	56722

(B) The ~~public health council~~commission shall establish fees	56723
for the issuance of permits under division (A) of this section and	56724
for necessary inspections conducted to determine compliance with	56725
those permits.	56726

(C) The ~~director or a licensor authorized by the director~~	56727
commission shall charge the appropriate fee established under	56728
division (B) of this section for the issuance of a permit under	56729
division (A) of this section or for conducting any necessary	56730
inspection to determine compliance with the permit. If the	56731
~~director~~commission issues such a permit or conducts such an	56732
inspection, the fee for the permit or inspection shall be	56733
transmitted to the treasurer of state and shall be credited to the	56734
~~general operations~~occupational licensing and regulatory fund	56735
created in section ~~3701.83~~4743.05 of the Revised Code. Moneys so	56736
credited to the fund shall be used ~~by the director~~ only for the	56737
purpose of administering and enforcing sections ~~3733.01~~4781.26 to	56738
~~3733.08~~4781.35 of the Revised Code and rules adopted under those	56739
sections. ~~If the licensor is a board of health, the permit or~~	56740
~~inspection fee shall be deposited to the credit of the special~~	56741
~~fund of the health district created in section 3733.04 of the~~	56742
~~Revised Code and shall be used only for the purpose set forth in~~	56743
~~that section.~~	56744

~~Sec. 3733.024.~~ Sec. 4781.33. ~~(A)~~ When a flood event affects a	56745
manufactured home park, the operator of the manufactured home	56746
park, in accordance with rules adopted under ~~division (A) of~~	56747
section ~~3733.02~~4781.26 of the Revised Code, shall notify the	56748
~~licensor having jurisdiction of the occurrence of~~manufactured	56749
homes commission and the board of health having jurisdiction where	56750
the flood event occurred within forty-eight hours after the end of	56751
the flood event. The commission, after receiving notification,	56752
shall immediately notify the board of health.	56753

~~No person shall fail to comply with this division.~~

56754

~~(B) The licensor having jurisdiction where a flood event~~	56755
~~occurred that affected a manufactured home park shall notify the~~	56756
~~director of health of the occurrence of the flood event within~~	56757
~~twenty-four hours after being notified of the flood event under~~	56758
~~division (A) of this section. Within forty-eight hours after~~After	56759
being notified of such a flood event ~~by a licensor~~, the ~~director~~	56760
board of health shall cause an inspection to be made of the	56761
manufactured home park named in the notice. The board of health	56762
shall issue a report of the inspection to the commission within	56763
ten days after the inspection is completed.	56764

~~Sec. 3733.025.~~ Sec. 4781.34. (A) If a mobile or manufactured home	56765
that is located in a flood plain is substantially damaged, the	56766
owner of the home shall make all alterations, repairs, or changes	56767
to the home, and the operator of the manufactured home park shall	56768
make all alterations, repairs, or changes to the lot on which the	56769
home is located, that are necessary to ensure compliance with the	56770
flood plain management rules adopted under ~~division (A) of~~ section	56771
~~3733.02~~4781.26 of the Revised Code. Such alterations, repairs, or	56772
changes may include, without limitation, removal of the home or	56773
other structures.	56774

No person shall fail to comply with this division.

56775

(B) No person shall cause to be performed any alteration,	56776
repair, or change required by division (A) of this section unless	56777
the person first obtains a permit from the ~~director of health or a~~	56778
~~licensor authorized by the director~~manufactured homes commission.	56779
~~The owner of the home and the operator of the manufactured home~~	56780
~~park shall jointly obtain the permit required by this division.~~	56781
~~Each of the persons to whom a permit is jointly issued is~~	56782
~~responsible for compliance with the provisions of the approved~~	56783
~~permit that are applicable to that person.~~	56784

The ~~director or a licensor authorized by the director~~	56785
commission shall disapprove an application for a permit required	56786
under this division unless the ~~director or the licensor~~commission	56787
finds that the proposed alteration, repair, or change complies	56788
with the rules adopted under ~~division (A) of~~ section ~~3733.02~~	56789
4781.26 of the Revised Code. No permit is required under this	56790
division for the construction, erection, or manufacture of any	56791
building to which section 3781.06 of the Revised Code applies.	56792

The ~~director or a licensor authorized by the director~~	56793
commission may suspend or revoke a permit issued under this	56794
division for failure to comply with the rules adopted under	56795
~~division (A) of~~ section ~~3733.02~~4781.26 of the Revised Code	56796
pertaining to flood plain management or for failure to comply with	56797
the approved permit for making alterations, repairs, or changes to	56798
the lot on which the manufactured home is located.	56799

Any person aggrieved by the disapproval, suspension, or	56800
revocation of a permit under this division by the ~~director or by a~~	56801
~~licensor authorized by the director~~commission may request a	56802
hearing on the matter within thirty days after receipt of the	56803
notice of the disapproval, suspension, or revocation. The hearing	56804
shall be held in accordance with Chapter 119. of the Revised Code.	56805
Thereafter, an appeal of the disapproval, suspension, or	56806
revocation may be taken in the manner provided in section 119.12	56807
of the Revised Code and for necessary inspections conducted to	56808
determine compliance with those permits.	56809

(C) The ~~public health council~~commission shall establish fees	56810
for the issuance of permits under division (B) of this section and	56811
for necessary inspections conducted to determine compliance with	56812
those permits for making alterations, repairs, or changes to the	56813
lot on which the manufactured home is located.	56814

(D) The ~~director or a licensor authorized by the director~~	56815
commission shall charge the appropriate fee established under	56816
division (C) of this section for the issuance of a permit under	56817
division (B) of this section or for conducting any necessary	56818
inspection to determine compliance with the permit. If the	56819
~~director~~commission issues such a permit or conducts such an	56820
inspection, the fee for the permit or inspection shall be	56821
transmitted to the treasurer of state and shall be credited to the	56822
~~general operations~~occupational licensing and regulatory fund	56823
created in section ~~3701.83~~4743.05 of the Revised Code. Moneys so	56824
credited to the fund shall be used ~~by the director~~ only for the	56825
purpose of administering and enforcing sections ~~3733.01~~4781.26 to	56826
~~3733.08~~4781.35 of the Revised Code and rules adopted under those	56827
sections. ~~If the licensor is a board of health, the permit or~~	56828
~~inspection fee shall be deposited to the credit of the special~~	56829
~~fund of the health district created in section 3733.04 of the~~	56830
~~Revised Code and shall be used only for the purpose set forth in~~	56831
~~that section.~~	56832

~~Sec. 3733.08.~~ Sec. 4781.35. (A) No person shall violate sections	56833
~~3733.01~~4781.26 to ~~3733.08~~4781.35 of the Revised Code or the	56834
rules adopted thereunder.	56835

(B) The prosecuting attorney of the county, the city director	56836
of law, or the attorney general, upon complaint of the ~~licensor or~~	56837
~~the director of health~~manufactured homes commission, shall	56838
prosecute to termination or bring an action for injunction against	56839
any person violating sections ~~3733.01~~4781.26 to ~~3733.08~~4781.35	56840
of the Revised Code or the rules adopted thereunder.	56841

~~Sec. 3733.09.~~ Sec. 4781.36. (A) Subject to section ~~3733.091~~	56842
4781.37 of the Revised Code, a park operator shall not retaliate	56843
against a resident by increasing the resident's rent, decreasing	56844
services that are due to the resident, refusing to renew or	56845
threatening to refuse to renew the rental agreement with the	56846
resident, or bringing or threatening to bring an action for	56847
possession of the resident's premises because:	56848

(1) The resident has complained to an appropriate	56849
governmental agency of a violation of a building, housing, health,	56850
or safety code that is applicable to the premises, and the	56851
violation materially affects health and safety;	56852

(2) The resident has complained to the park operator of any	56853
violation of section ~~3733.10~~4781.38 of the Revised Code;	56854

(3) The resident joined with other residents for the purpose	56855
of negotiating or dealing collectively with the park operator on	56856
any of the terms and conditions of a rental agreement.	56857

(B) If a park operator acts in violation of division (A) of	56858
this section, the resident may:	56859

(1) Use the retaliatory action of the park operator as a	56860
defense to an action by the park operator to recover possession of	56861
the premises;	56862

(2) Recover possession of the premises;

56863

(3) Terminate the rental agreement.

56864

In addition, the resident may recover from the park operator	56865
any actual damages together with reasonable attorneys fees.	56866

(C) Nothing in division (A) of this section prohibits a park	56867
operator from increasing the rent to reflect the cost of	56868
improvements installed by the park operator in or about the	56869
premises or to reflect an increase in other costs of operation of	56870
the premises.	56871

~~Sec. 3733.091.~~ Sec. 4781.37. (A) Notwithstanding section ~~3733.09~~	56872
4781.36 of the Revised Code, a park operator may bring an action	56873
under Chapter 1923. of the Revised Code for possession of the	56874
premises if any of the following applies:	56875

(1) The resident is in default in the payment of rent.

56876

(2) The violation of the applicable building, housing,	56877
health, or safety code that the resident complained of was	56878
primarily caused by any act or lack of reasonable care by the	56879
resident, by any other person in the resident's household, or by	56880
anyone on the premises with the consent of the resident.	56881

(3) The resident is holding over the resident's term.

56882

(4) The resident is in violation of rules of the ~~public~~	56883
~~health council~~manufactured homes commission adopted pursuant to	56884
section ~~3733.02~~4781.26 of the Revised Code or rules of the	56885
manufactured home park adopted pursuant to the rules of the ~~public~~	56886
~~health council~~commission.	56887

(5) The resident has been absent from the manufactured home	56888
park for a period of thirty consecutive days prior to the	56889
commencement of the action, and the resident's manufactured home,	56890
mobile home, or recreational vehicle parked in the manufactured	56891
home park has been left unoccupied for that thirty-day period,	56892
without notice to the park operator and without payment of rent	56893
due under the rental agreement.	56894

(B) The maintenance of an action by the park operator under	56895
this section does not prevent the resident from recovering damages	56896
for any violation by the park operator of the rental agreement or	56897
of section ~~3733.10~~4781.38 of the Revised Code.	56898

~~Sec. 3733.10.~~ Sec. 4781.38. (A) A park operator who is a party to	56899
a rental agreement shall:	56900

(1) Comply with the requirements of all applicable building,	56901
housing, health, and safety codes which materially affect health	56902
and safety, and comply with rules of the ~~public health council~~	56903
manufactured homes commission;	56904

(2) Make all repairs and do whatever is reasonably necessary	56905
to put and keep the premises in a fit and habitable condition;	56906

(3) Keep all common areas of the premises in a safe and	56907
sanitary condition;	56908

(4) Maintain in good and safe working order and condition all	56909
electrical and plumbing fixtures and appliances, and septic	56910
systems, sanitary and storm sewers, refuse receptacles, and well	56911
and water systems that are supplied or required to be supplied by	56912
~~him~~the park operator;	56913

(5) Not abuse the right of access conferred by division (B)	56914
of section ~~3733.101~~4781.39 of the Revised Code;	56915

(6) Except in the case of emergency or if it is impracticable	56916
to do so, give the resident reasonable notice of ~~his~~the park	56917
operator's intent to enter onto the residential premises and enter	56918
only at reasonable times. Twenty-four hours' notice shall be	56919
presumed to be a reasonable notice in the absence of evidence to	56920
the contrary.	56921

(B) If the park operator violates any provision of this	56922
section, makes a lawful entry onto the residential premises in an	56923
unreasonable manner, or makes repeated demands for entry otherwise	56924
lawful which demands have the effect of harassing the resident,	56925
the resident may recover actual damages resulting from the	56926
violation, entry, or demands and injunctive relief to prevent the	56927
recurrence of the conduct, and if hethe resident obtains a	56928
judgment, reasonable attorneys' fees, or terminate the rental	56929
agreement.	56930

~~Sec. 3733.101.~~ Sec. 4781.39. (A) A resident who is a party to a	56931
rental agreement shall:	56932

(1) Keep that part of the premises that the resident occupies	56933
and uses safe and sanitary;	56934

(2) Dispose of all rubbish, garbage, and other waste in a	56935
clean, safe, and sanitary manner;	56936

(3) Comply with the requirements imposed on residents by all	56937
applicable state and local housing, health, and safety codes,	56938
rules of the ~~public health council~~manufactured homes commission,	56939
and rules of the manufactured home park;	56940

(4) Personally refrain, and forbid any other person who is on	56941
the premises with the resident's permission, from intentionally or	56942
negligently destroying, defacing, damaging, or removing any	56943
fixture, appliance, or other part of the residential premises;	56944

(5) Conduct self and require other persons on the premises	56945
with the resident's consent to conduct themselves in a manner that	56946
will not disturb the resident's neighbors' peaceful enjoyment of	56947
the manufactured home park.	56948

(B) The resident shall not unreasonably withhold consent for	56949
the park operator to enter the home to inspect utility	56950
connections, or enter onto the premises in order to inspect the	56951
premises, make ordinary, necessary, or agreed repairs,	56952
decorations, alterations, or improvements, deliver parcels which	56953
are too large for the resident's mail facilities, or supply	56954
necessary or agreed services.	56955

(C) If the resident violates any provision of this section,	56956
the park operator may recover any actual damages which result from	56957
the violation and reasonable attorneys' fees. This remedy is in	56958
addition to any right of the park operator to terminate the rental	56959
agreement, to maintain an action for the possession of the	56960
premises, or injunctive relief to compel access under division (B)	56961
of this section.	56962

~~Sec. 3733.11.~~ Sec. 4781.40. (A)(1) The park operator shall offer	56963
each home owner a written rental agreement for a manufactured home	56964
park lot for a term of one year or more that contains terms	56965
essentially the same as any alternative month-to-month rental	56966
agreement offered to current and prospective tenants and owners.	56967
The park operator shall offer the minimum one-year rental	56968
agreement to the owner prior to installation of the home in the	56969
manufactured home park or, if the home is in the manufactured home	56970
park, prior to the expiration of the owner's existing rental	56971
agreement.	56972

(2) The park operator shall deliver the offer to the owner by	56973
certified mail, return receipt requested, or in person. If the	56974
park operator delivers the offer to the owner in person, the owner	56975
shall complete a return showing receipt of the offer. If the owner	56976
does not accept the offer, the park operator is discharged from	56977
any obligation to make any further such offers. If the owner	56978
accepts the offer, the park operator shall, at the expiration of	56979
each successive rental agreement, offer the owner another rental	56980
agreement, for a term that is mutually agreed upon, and that	56981
contains terms essentially the same as the alternative	56982
month-to-month agreement. The park operator shall deliver	56983
subsequent rental offers by ordinary mail or personal delivery. If	56984
the park operator sells the manufactured home park to another	56985
manufactured home park operator, the purchaser is bound by the	56986
rental agreements entered into by the purchaser's predecessor.	56987

(3) If the park operator sells the manufactured home park for	56988
a use other than as a manufactured home park, the park operator	56989
shall give each tenant and owner a written notification by	56990
certified mail, return receipt requested, or by handing it to the	56991
tenant or owner in person. If the park operator delivers the	56992
notification in person, the recipient shall complete a return	56993
showing receipt of the notification. This notification shall	56994
contain notice of the sale of the manufactured home park, and	56995
notice of the date by which the tenant or owner shall vacate. The	56996
date by which the tenant shall vacate shall be at least one	56997
hundred twenty days after receipt of the written notification, and	56998
the date by which the owner shall vacate shall be at least one	56999
hundred eighty days after receipt of the written notification.	57000

(B) A park operator shall fully disclose in writing all fees,	57001
charges, assessments, including rental fees, and rules prior to a	57002
tenant or owner executing a rental agreement and assuming	57003
occupancy in the manufactured home park. No fees, charges,	57004
assessments, or rental fees so disclosed may be increased nor	57005
rules changed by a park operator without specifying the date of	57006
implementation of the changed fees, charges, assessments, rental	57007
fees, or rules, which date shall be not less than thirty days	57008
after written notice of the change and its effective date to all	57009
tenants or owners in the manufactured home park, and no fee,	57010
charge, assessment, or rental fee shall be increased during the	57011
term of any tenant's or owner's rental agreement. Failure on the	57012
part of the park operator to fully disclose all fees, charges, or	57013
assessments shall prevent the park operator from collecting the	57014
undisclosed fees, charges, or assessments. If a tenant or owner	57015
refuses to pay any undisclosed fees, charges, or assessments, the	57016
refusal shall not be used by the park operator as a cause for	57017
eviction in any court.	57018

(C) A park operator shall promulgate rules governing the	57019
rental or occupancy of a lot in the manufactured home park. The	57020
rules shall not be unreasonable, arbitrary, or capricious. A copy	57021
of the rules and any amendments to them shall be delivered by the	57022
park operator to the tenant or owner prior to signing the rental	57023
agreement. A copy of the rules and any amendments to them shall be	57024
posted in a conspicuous place upon the manufactured home park	57025
grounds.	57026

(D) No park operator shall require an owner to purchase from	57027
the park operator any personal property. The park operator may	57028
determine by rule the style or quality of skirting, equipment for	57029
tying down homes, manufactured or mobile home accessories, or	57030
other equipment to be purchased by an owner from a vendor of the	57031
owner's choosing, provided that the equipment is readily available	57032
to the owner. Any such equipment shall be installed in accordance	57033
with the manufactured home park rules.	57034

(E) No park operator shall charge any owner who chooses to	57035
install an electric or gas appliance in a home an additional fee	57036
solely on the basis of the installation, unless the installation	57037
is performed by the park operator at the request of the owner, nor	57038
shall the park operator restrict the installation, service, or	57039
maintenance of the appliance, restrict the ingress or egress of	57040
repairpersons to the manufactured home park for the purpose of	57041
installation, service, or maintenance of the appliance, nor	57042
restrict the making of any interior improvement in a home, if the	57043
installation or improvement is in compliance with applicable	57044
building codes and other provisions of law and if adequate utility	57045
services are available for the installation or improvement.	57046

(F) No park operator shall require a tenant to lease or an	57047
owner to purchase a manufactured or mobile home from the park	57048
operator or any specific person as a condition of or prerequisite	57049
to entering into a rental agreement.	57050

(G) No park operator shall require an owner to use the	57051
services of the park operator or any other specific person for	57052
installation of the manufactured or mobile home on the residential	57053
premises or for the performance of any service.	57054

(H) No park operator shall:

57055

(1) Deny any owner the right to sell the owner's manufactured	57056
home within the manufactured home park if the owner gives the park	57057
operator ten days' notice of the intention to sell the home;	57058

(2) Require the owner to remove the home from the	57059
manufactured home park solely on the basis of the sale of the	57060
home;	57061

(3) Unreasonably refuse to enter into a rental agreement with	57062
a purchaser of a home located within the operator's manufactured	57063
home park;	57064

(4) Charge any tenant or owner any fee, charge, or	57065
assessment, including a rental fee, that is not set forth in the	57066
rental agreement or, if the rental agreement is oral, is not set	57067
forth in a written disclosure given to the tenant or owner prior	57068
to the tenant or owner entering into a rental agreement;	57069

(5) Charge any owner any fee, charge, or assessment because	57070
of the transfer of ownership of a home or because a home is moved	57071
out of or into the manufactured home park, except a charge for the	57072
actual costs and expenses that are incurred by the park operator	57073
in moving the home out of or into the manufactured home park, or	57074
in installing the home in the manufactured home park and that have	57075
not been reimbursed by another tenant or owner.	57076

(I) If the park operator violates any provision of divisions	57077
(A) to (H) of this section, the tenant or owner may recover actual	57078
damages resulting from the violation, and, if the tenant or owner	57079
obtains a judgment, reasonable attorneys' fees, or terminate the	57080
rental agreement.	57081

(J) No rental agreement shall require a tenant or owner to	57082
sell, lease, or sublet the tenant's or owner's interest in the	57083
rental agreement or the manufactured or mobile home that is or	57084
will be located on the lot that is the subject of the rental	57085
agreement to any specific person or through any specific person as	57086
the person's agent.	57087

(K) No park operator shall enter into a rental agreement with	57088
the owner of a manufactured or mobile home for the use of	57089
residential premises, if the rental agreement requires the owner	57090
of the home, as a condition to the owner's renting, occupying, or	57091
remaining on the residential premises, to pay the park operator or	57092
any other person specified in the rental agreement a fee or any	57093
sum of money based on the sale of the home, unless the owner of	57094
the home uses the park operator or other person as the owner's	57095
agent in the sale of the home.	57096

(L) A park operator and a tenant or owner may include in a	57097
rental agreement any terms and conditions, including any term	57098
relating to rent, the duration of an agreement, and any other	57099
provisions governing the rights and obligations of the parties	57100
that are not inconsistent with or prohibited by sections 3733.09	57101
to 3733.20 of the Revised Code or any other rule of law.	57102

(M) Notwithstanding any other provision of the Revised Code,	57103
the owner of a manufactured or mobile home ~~that was previously~~	57104
~~titled by a dealer~~ may utilize the services of a manufactured ~~home~~	57105
housing dealer or broker licensed under Chapter 4517. of the	57106
Revised Code or a person properly licensed under Chapter ~~4735.~~	57107
4781. of the Revised Code to sell or lease the home.	57108

~~Sec. 3733.12.~~ Sec. 4781.41. (A) If a park operator fails to	57109
fulfill any obligation imposed upon ~~him~~the park operator by	57110
section ~~3733.10~~4781.38 of the Revised Code or by the rental	57111
agreement, or the conditions of the premises are such that the	57112
resident reasonably believes that a park operator has failed to	57113
fulfill any such obligations, or a governmental agency has found	57114
that the premises are not in compliance with building, housing,	57115
health, or safety codes which apply to any condition of the	57116
residential premises that could materially affect the health and	57117
safety of an occupant, the resident may give notice in writing to	57118
the park operator specifying the acts, omissions, or code	57119
violations that constitute noncompliance with such provisions. The	57120
notice shall be sent to the person or place where rent is normally	57121
paid.	57122

(B) If a park operator receives the notice described in	57123
division (A) of this section and after receipt of the notice fails	57124
to remedy the condition within a reasonable time, considering the	57125
severity of the condition and the time necessary to remedy such	57126
condition, or within thirty days, whichever is sooner, and if the	57127
resident is current in rent payments due under the rental	57128
agreement, the resident may do one of the following:	57129

(1) Deposit all rent that is due and thereafter becomes due	57130
the park operator with the clerk of court of the municipal or	57131
county court having jurisdiction in the territory in which the	57132
residential premises are located;	57133

(2) Apply to the court for an order directing the park	57134
operator to remedy the condition. As part thereof, the resident	57135
may deposit rent pursuant to division (B)(1) of this section, and	57136
may apply for an order reducing the periodic rent due the park	57137
operator until such time as the park operator does remedy the	57138
condition, and may apply for an order to use the rent deposited to	57139
remedy the condition. In any order issued pursuant to this	57140
division, the court may require the resident to deposit rent with	57141
the clerk of court as provided in division (B)(1) of this section.	57142

~~Sec. 3733.121.~~ Sec. 4781.42. (A) Whenever a resident deposits rent	57143
with the clerk of a court as provided in section ~~3733.12~~4781.41	57144
of the Revised Code, the clerk shall give written notice of this	57145
fact to the park operator and to ~~his~~the park operator's agent, if	57146
any.	57147

(B) The clerk shall place all rent deposited with ~~him~~the	57148
clerk in a separate rent escrow account in the name of the clerk	57149
in a bank or building and loan association domiciled in this	57150
state.	57151

(C) The clerk shall keep in a separate docket an account of	57152
each deposit, with the name and address of the resident, and the	57153
name and address of the park operator and of ~~his~~the park	57154
operator's agent, if any.	57155

(D) For ~~his~~the clerk's costs, the clerk may charge a fee of	57156
one per cent of the amount of the rent deposited, which shall be	57157
assessed as court costs.	57158

(E) All interest that has accrued on the rent deposited by	57159
the clerk of a county court under division (B) of this section	57160
shall be paid into the treasury of the political subdivision for	57161
which the clerk performs ~~his~~the clerk's duties. All interest that	57162
has accrued on the rent deposited by the clerk of a municipal	57163
court under division (B) of this section shall be paid into the	57164
city treasury as defined in division (B) of section 1901.03 of the	57165
Revised Code.	57166

~~Sec. 3733.122.~~ Sec. 4781.43. (A) A park operator who receives	57167
notice that rent due ~~him~~the park operator has been deposited with	57168
a clerk of court pursuant to section ~~3733.12~~4781.41 of the	57169
Revised Code, may:	57170

(1) Apply to the clerk of court for release of the rent on	57171
the ground that the condition contained in the notice given	57172
pursuant to division (A) of section ~~3733.12~~4781.41 of the Revised	57173
Code has been remedied. The clerk shall forthwith release the	57174
rent, less costs, to the park operator if the resident gives	57175
written notice to the clerk that the condition has been remedied.	57176

(2) Apply to the court for release of the rent on the grounds	57177
that the resident did not comply with the notice requirement of	57178
division (A) of section ~~3733.12~~4781.41 of the Revised Code, or	57179
that the resident was not current in rent payments due under the	57180
rental agreement at the time the resident initiated rent deposits	57181
with the clerk of courts under division (B)(1) of section ~~3733.12~~	57182
4781.41 of the Revised Code;	57183

(3) Apply to the court for release of the rent on the grounds	57184
that there was no violation of any obligation imposed upon the	57185
park operator by section ~~3733.10~~4781.38 of the Revised Code or by	57186
the rental agreement, or by any building, housing, health, or	57187
safety code, or that the condition contained in the notice given	57188
pursuant to division (A) of section ~~3733.12~~4781.41 of the Revised	57189
Code has been remedied.	57190

(B) The resident shall be named as a party to any action	57191
filed by the park operator under this section, and shall have the	57192
right to file an answer and counterclaim, as in other civil cases.	57193
A trial shall be held within sixty days of the date of filing of	57194
the park operator's complaint, unless for good cause shown the	57195
court grants a continuance.	57196

(C) If the court finds that there was no violation of any	57197
obligation imposed upon the park operator by section ~~3733.10~~	57198
4781.38 of the Revised Code or by the rental agreement, or by any	57199
building, housing, health, or safety code, or that the condition	57200
contained in the notice given pursuant to division (A) of section	57201
~~3733.12~~4781.41 of the Revised Code has been remedied, or that the	57202
resident did not comply with the notice requirement of division	57203
(A) of section ~~3733.12~~4781.41 of the Revised Code, or that the	57204
resident was not current in rent payments at the time the resident	57205
initiated rent deposits with the clerk of court under division	57206
(B)(1) of section ~~3733.12~~4781.41 of the Revised Code, the court	57207
shall order the release to the park operator of rent on deposit	57208
with the clerk, less costs.	57209

(D) If the court finds that the condition contained in the	57210
notice given pursuant to division (A) of section ~~3733.12~~4781.41	57211
of the Revised Code was the result of an act or omission of the	57212
resident, or that the resident intentionally acted in bad faith in	57213
proceeding under section ~~3733.12~~4781.41 of the Revised Code, the	57214
resident shall be liable for damages caused to the park operator,	57215
and for costs, together with reasonable attorneys' fees if the	57216
resident intentionally acted in bad faith.	57217

~~Sec. 3733.123.~~ Sec. 4781.44. (A) If a park operator brings an	57218
action for the release of rent deposited with a clerk of court,	57219
the court may, during the pendency of the action, upon application	57220
of the park operator, release part of the rent on deposit for	57221
payment of the periodic interest on a mortgage on the premises,	57222
the periodic principal payments on a mortgage on the premises, the	57223
insurance premiums for the premises, real estate taxes on the	57224
premises, utility services, repairs, and other customary and usual	57225
costs of operating the premises.	57226

(B) In determining whether to release rent for the payments	57227
described in division (A) of this section, the court shall	57228
consider the amount of rent the park operator receives from other	57229
lots, the cost of operating these lots, and the costs which may be	57230
required to remedy the condition contained in the notice given	57231
pursuant to division (A) of section ~~3733.12~~4781.41 of the Revised	57232
Code.	57233

~~Sec. 3733.13.~~ Sec. 4781.45. If a resident commits a material	57234
violation of the rules of the manufactured home park, of the	57235
~~public health council~~manufactured homes commission, or of	57236
applicable state and local health and safety codes, the park	57237
operator may deliver a written notification of the violation to	57238
the resident. The notification shall contain all of the following:	57239

(A) A description of the violation;

57240

(B) A statement that the rental agreement will terminate upon	57241
a date specified in the written notice not less than thirty days	57242
after receipt of the notice unless the resident remedies the	57243
violation;	57244

(C) A statement that the violation was material and that if a	57245
second material violation of any park or ~~public health council~~	57246
commission rule, or any health and safety code, occurs within six	57247
months after the date of this notice, the rental agreement will	57248
terminate immediately;	57249

(D) A statement that a defense available to termination of	57250
the rental agreement for two material violations of park or ~~public~~	57251
~~health council~~commission rules, or of health and safety codes, is	57252
that the park rule is unreasonable, or that the park or ~~public~~	57253
~~health council~~commission rule, or health or safety code, is not	57254
being enforced against other manufactured home park residents, or	57255
that the two violations were not willful and not committed in bad	57256
faith.	57257

If the resident remedies the condition described in the	57258
notice, whether by repair, the payment of damages, or otherwise,	57259
the rental agreement shall not terminate. The park operator may	57260
terminate the rental agreement immediately if the resident commits	57261
a second material violation of the park or ~~public health council~~	57262
commission rules, or of applicable state and local health and	57263
safety codes, subject to the defense that the park rule is	57264
unreasonable, that the park or ~~public health council~~commission	57265
rule, or health or safety code, is not being enforced against	57266
other manufactured home park residents, or that the two violations	57267
were not willful and not committed in bad faith.	57268

~~Sec. 3733.14.~~ Sec. 4781.46. In any action under sections ~~3733.09~~	57269
4781.36 to ~~3733.20~~4781.52 of the Revised Code, any party may	57270
recover damages for the breach of contract or the breach of any	57271
duty that is imposed by law.	57272

~~Sec. 3733.15.~~ Sec. 4781.47. (A) No provision of sections ~~3733.09~~	57273
4781.36 to ~~3733.20~~4781.52 of the Revised Code may be modified or	57274
waived by any oral or written agreement except as provided in	57275
division (F) of this section.	57276

(B) No warrant of attorney to confess judgment shall be	57277
recognized in any rental agreement or in any other agreement	57278
between a park operator and resident for the recovery of rent or	57279
damages to the residential premises.	57280

(C) No agreement to pay the park operator's or resident's	57281
attorney fees shall be recognized in any rental agreement for	57282
residential premises or in any other agreement between a park	57283
operator and resident.	57284

(D) No agreement by a resident to the exculpation or	57285
limitation of any liability of the park operator arising under law	57286
or to indemnify the park operator for that liability or its	57287
related costs shall be recognized in any rental agreement or in	57288
any other agreement between a park operator and resident.	57289

(E) A rental agreement, or the assignment, conveyance, trust	57290
deed, or security instrument of the park operator's interest in	57291
the rental agreement may not permit the receipt of rent free of	57292
the obligation to comply with section ~~3733.10~~4781.38 of the	57293
Revised Code.	57294

(F) The park operator may agree to assume responsibility for	57295
fulfilling any duty or obligation imposed on a resident by section	57296
~~3733.101~~4781.39 of the Revised Code.	57297

~~Sec. 3733.16.~~ Sec. 4781.48. (A) If the court as a matter of law	57298
finds a rental agreement, or any clause of it, to have been	57299
unconscionable at the time it was made, it may refuse to enforce	57300
the rental agreement or it may enforce the remainder of the rental	57301
agreement without the unconscionable clause, or it may so limit	57302
the application of any unconscionable clause as to avoid any	57303
unconscionable result.	57304

(B) When it is claimed or appears to the court that the	57305
rental agreement, or any clause of it, may be unconscionable, the	57306
parties shall be afforded a reasonable opportunity to present	57307
evidence as to its setting, purpose, and effect to aid the court	57308
in making the determination.	57309

~~Sec. 3733.17.~~ Sec. 4781.49. (A) No park operator of residential	57310
premises shall initiate any act, including termination of	57311
utilities or services, exclusion from the premises, or threat of	57312
any unlawful act, against a resident, or a resident whose right to	57313
possession has terminated, for the purpose of recovering	57314
possession of residential premises, other than as provided in	57315
Chapters 1923., ~~3733.~~4781., and 5303. of the Revised Code.	57316

(B) No park operator of residential premises shall seize the	57317
furnishings or possessions of a resident, or of a resident whose	57318
right to possession was terminated, for the purpose of recovering	57319
rent payments, other than in accordance with an order issued by a	57320
court of competent jurisdiction.	57321

(C) A park operator who violates this section is liable in a	57322
civil action for all damages caused to a resident, or to a	57323
resident whose right to possession has terminated, together with	57324
reasonable attorneys' fees.	57325

~~Sec. 3733.18.~~ Sec. 4781.50. (A) Any security deposit in excess of	57326
fifty dollars or one month's periodic rent, whichever is greater,	57327
shall bear interest on the excess at the rate of five per cent per	57328
annum if the resident remains in possession of the premises for	57329
six months or more, and shall be computed and paid annually by the	57330
park operator to the resident.	57331

(B) Upon termination of the rental agreement any property or	57332
money held by the park operator as a security deposit may be	57333
applied to the payment of past due rent and to the payment of the	57334
amount of damages that the park operator has suffered by reason of	57335
the resident's noncompliance with section ~~3733.101~~4781.39 of the	57336
Revised Code or the rental agreement. Any deduction from the	57337
security deposit shall be itemized and identified by the park	57338
operator in a written notice delivered to the resident together	57339
with the amount due, within thirty days after termination of the	57340
rental agreement and delivery of possession. The resident shall	57341
provide the park operator in writing with a forwarding address or	57342
new address to which the written notice and amount due from the	57343
park operator may be sent. If the resident fails to provide the	57344
park operator with the forwarding or new address as required, the	57345
resident shall not be entitled to damages or attorneys' fees under	57346
division (C) of this section.	57347

(C) If the park operator fails to comply with division (B) of	57348
this section, the resident may recover the property and money due	57349
~~him~~the resident, together with damages in an amount equal to the	57350
amount wrongfully withheld, and reasonable attorneys' fees.	57351

~~Sec. 3733.19.~~ Sec. 4781.51. (A) Every written rental agreement for	57352
residential premises shall contain the name and address of the	57353
owner of the residential premises and the name and address of the	57354
owner's agent, if any. If the owner or the owner's agent is a	57355
corporation, partnership, limited partnership, association, trust,	57356
or other entity, the address shall be the principal place of	57357
business in the county in which the residential premises are	57358
situated or if there is no place of business in such county then	57359
its principal place of business in this state, and shall include	57360
the name of the person in charge thereof.	57361

(B) If the rental agreement is oral, the park operator, at	57362
the commencement of the term of occupancy, shall deliver to the	57363
resident a written notice containing the information required in	57364
division (A) of this section.	57365

(C) If the park operator fails to provide the notice of the	57366
name and address of the owner and owner's agent, if any, as	57367
required under division (A) or (B) of this section, the notices to	57368
the park operator required under division (A) of sections ~~3733.12~~	57369
4781.41 and ~~3733.121~~4781.42 of the Revised Code are waived by the	57370
park operator and the operator's agent.	57371

(D) Every written rental agreement for residential premises	57372
shall contain the following notice in ten-point boldface type:	57373

"YOUR RIGHTS AS A RESIDENT AND YOUR MANUFACTURED HOME PARK	57374
OPERATOR'S RIGHTS ARE PROTECTED BY SECTIONS ~~3733.09~~4781.36 TO	57375
~~3733.20~~4781.52 OF THE REVISED CODE, WHICH REGULATE RENTAL	57376
AGREEMENTS IN MANUFACTURED HOME PARKS."	57377

If the rental agreement is oral, the park operator, at the	57378
commencement of the term of occupancy, shall deliver the notice to	57379
the resident in writing.	57380

~~Sec. 3733.20.~~ Sec. 4781.52. No municipal corporation may adopt or	57381
continue in existence any ordinance and no township may adopt or	57382
continue in existence any resolution that is in conflict with	57383
sections ~~3733.09~~4781.36 to ~~3733.20~~4781.52 of the Revised Code,	57384
or that regulates those rights and obligations of parties to a	57385
rental agreement that are regulated by sections ~~3733.09~~4781.36 to	57386
~~3733.20~~4781.52 of the Revised Code. Sections ~~3733.09~~4781.36 to	57387
~~3733.20~~4781.52 of the Revised Code do not preempt any housing,	57388
building, health, or safety codes of any municipal corporation or	57389
township.	57390

Sec. 4781.54. There is hereby created in the state treasury	57391
the manufactured homes commission regulatory fund. The fund shall	57392
consist of fees collected under section 4781.121 of the Revised	57393
Code and fees paid under section 4781.28 of the Revised Code and	57394
shall be used for the purposes described in those sections.	57395

Sec. 4781.99. (A) Whoever violates division (A) of section	57396
4781.16 of the Revised Code is guilty of a minor misdemeanor on a	57397
first offense and shall be subject to a mandatory fine of one	57398
hundred dollars. On a second offense, the person is guilty of a	57399
misdemeanor of the first degree and shall be subject to a	57400
mandatory fine of one thousand dollars.	57401

(B) Whoever violates section 4781.20 of the Revised Code is	57402
guilty of a minor misdemeanor.	57403

(C) Whoever violates any of the following is guilty of a	57404
misdemeanor of the fourth degree:	57405

(1) Division (B) or (C) of section 4781.16 of the Revised	57406
Code;	57407

(2) Section 4781.22 of the Revised Code;

57408

(3) Section 4781.23 of the Revised Code;

57409

(4) Division (A) of section 4781.24 of the Revised Code;

57410

(5) Section 4781.25 of the Revised Code;

57411

(6) Division (A) of section 4781.35 of the Revised Code.

57412

Sec. 4905.01. As used in this chapter:

57413

(A) "Railroad" has the same meaning as in section 4907.02 of	57414
the Revised Code.	57415

(B) "Motor ~~transportation company~~carrier" has the same	57416
meaning as in ~~sections 4905.03 and 4921.02~~section 4923.01 of the	57417
Revised Code.	57418

(C) "~~Trailer~~Motor vehicle" and "public highway" have the	57419
same meanings as in section ~~4921.02~~4921.01 of the Revised Code.	57420

(D) ~~"Private motor carrier" and "motor vehicle" have the same~~	57421
~~meanings as in section 4923.02 of the Revised Code.~~	57422

~~(E)~~ "Ohio coal research and development costs" means all	57423
reasonable costs associated with a facility or project undertaken	57424
by a public utility for which a recommendation to allow the	57425
recovery of costs associated therewith has been made under	57426
division (B)(7) of section 1551.33 of the Revised Code, including,	57427
but not limited to, capital costs, such as costs of debt and	57428
equity; construction and operation costs; termination and	57429
retirement costs; costs of feasibility and marketing studies	57430
associated with the project; and the acquisition and delivery	57431
costs of Ohio coal used in the project, less any expenditures of	57432
grant moneys.	57433

Sec. 4905.02. (A) As used in this chapter, "public utility"	57434
includes every corporation, company, copartnership, person, or	57435
association, the lessees, trustees, or receivers of the foregoing,	57436
defined in section 4905.03 of the Revised Code, including any	57437
public utility that operates its utility not for profit, except	57438
the following:	57439

~~(A)~~(1) An electric light company that operates its utility	57440
not for profit;	57441

~~(B)~~(2) A public utility, other than a telephone company, that	57442
is owned and operated exclusively by and solely for the utility's	57443
customers, including any consumer or group of consumers	57444
purchasing, delivering, storing, or transporting, or seeking to	57445
purchase, deliver, store, or transport, natural gas exclusively by	57446
and solely for the consumer's or consumers' own intended use as	57447
the end user or end users and not for profit;	57448

~~(C)~~(3) A public utility that is owned or operated by any	57449
municipal corporation;	57450

~~(D)~~(4) A railroad as defined in sections 4907.02 and 4907.03	57451
of the Revised Code;	57452

~~(E)~~(5) Any provider, including a telephone company, with	57453
respect to its provision of any of the following:	57454

~~(1)~~(a) Advanced services as defined in 47 C.F.R. 51.5;

57455

~~(2)~~(b) Broadband service, however defined or classified by	57456
the federal communications commission;	57457

~~(3)~~(c) Information service as defined in the	57458
"Telecommunications Act of 1996," 110 Stat. 59, 47 U.S.C. 153(20);	57459

~~(4)~~(d) Subject to division (A) of section 4927.03 of the	57460
Revised Code, internet protocol-enabled services as defined in	57461
section 4927.01 of the Revised Code;	57462

~~(5)~~(e) Subject to division (A) of section 4927.03 of the	57463
Revised Code, any telecommunications service as defined in section	57464
4927.01 of the Revised Code to which both of the following apply:	57465

~~(a)~~(i) The service was not commercially available on	57466
September 13, 2010, the effective date of the amendment of this	57467
section by S.B. 162 of the 128th general assembly.	57468

~~(b)~~(ii) The service employs technology that became available	57469
for commercial use only after September 13, 2010, the effective	57470
date of the amendment of this section by S.B. 162 of the 128th	57471
general assembly.	57472

(B)(1) "Public utility" includes a for-hire motor carrier	57473
even if the carrier is operated in connection with an entity	57474
described in division (A)(1), (2), (4), or (5) of this section.	57475

(2) Division (A) of this section shall not be construed to	57476
relieve a private motor carrier, operated in connection with an	57477
entity described in division (A)(1), (2), (4), or (5) of this	57478
section, from compliance with any of the following:	57479

(a) Chapter 4923. of the Revised Code;

57480

(b) Hazardous-material regulation under section 4921.15 of	57481
the Revised Code and division (H) of section 4921.19 of the	57482
Revised Code, or rules adopted thereunder;	57483

(c) Rules governing unified carrier registration adopted	57484
under section 4921.11 of the Revised Code.	57485

Sec. 4905.03. As used in this chapter:

57486

~~(A) Any~~, any person, firm, copartnership, voluntary	57487
association, joint-stock association, company, or corporation,	57488
wherever organized or incorporated, is:	57489

~~(1)~~(A) A telephone company, when engaged in the business of	57490
transmitting telephonic messages to, from, through, or in this	57491
state;	57492

~~(2)~~(B) A for-hire motor ~~transportation company~~carrier, when	57493
engaged in the business of ~~carrying and~~ transporting persons or	57494
property ~~or the business of providing or furnishing such~~	57495
~~transportation service, for hire, in or~~ by motor~~-propelled~~	57496
~~vehicles of any kind, including trailers, for the public in~~	57497
~~general, over any public street, road, or highway in this state~~	57498
vehicle for compensation, except ~~as provided~~when engaged in any	57499
of the operations in intrastate commerce described in divisions	57500
(B)(1) to (9) of section ~~4921.02~~4921.01 of the Revised Code, but	57501
including the carrier's agents, officers, and representatives, as	57502
well as employees responsible for hiring, supervising, training,	57503
assigning, or dispatching drivers and employees concerned with the	57504
installation, inspection, and maintenance of motor-vehicle	57505
equipment and accessories;	57506

~~(3)~~(C) An electric light company, when engaged in the	57507
business of supplying electricity for light, heat, or power	57508
purposes to consumers within this state, including supplying	57509
electric transmission service for electricity delivered to	57510
consumers in this state, but excluding a regional transmission	57511
organization approved by the federal energy regulatory commission;	57512

~~(4)~~(D) A gas company, when engaged in the business of	57513
supplying artificial gas for lighting, power, or heating purposes	57514
to consumers within this state or when engaged in the business of	57515
supplying artificial gas to gas companies or to natural gas	57516
companies within this state, but a producer engaged in supplying	57517
to one or more gas or natural gas companies, only such artificial	57518
gas as is manufactured by that producer as a by-product of some	57519
other process in which the producer is primarily engaged within	57520
this state is not thereby a gas company. All rates, rentals,	57521
tolls, schedules, charges of any kind, or agreements between any	57522
gas company and any other gas company or any natural gas company	57523
providing for the supplying of artificial gas and for compensation	57524
for the same are subject to the jurisdiction of the public	57525
utilities commission.	57526

~~(5)~~(E) A natural gas company, when engaged in the business of	57527
supplying natural gas for lighting, power, or heating purposes to	57528
consumers within this state. Notwithstanding the above, neither	57529
the delivery nor sale of Ohio-produced natural gas by a producer	57530
or gatherer under a public utilities commission-ordered exemption,	57531
adopted before, as to producers, or after, as to producers or	57532
gatherers, January 1, 1996, or the delivery or sale of	57533
Ohio-produced natural gas by a producer or gatherer of	57534
Ohio-produced natural gas, either to a lessor under an oil and gas	57535
lease of the land on which the producer's drilling unit is	57536
located, or the grantor incident to a right-of-way or easement to	57537
the producer or gatherer, shall cause the producer or gatherer to	57538
be a natural gas company for the purposes of this section.	57539

All rates, rentals, tolls, schedules, charges of any kind, or	57540
agreements between a natural gas company and other natural gas	57541
companies or gas companies providing for the supply of natural gas	57542
and for compensation for the same are subject to the jurisdiction	57543
of the public utilities commission. The commission, upon	57544
application made to it, may relieve any producer or gatherer of	57545
natural gas, defined in this section as a gas company or a natural	57546
gas company, of compliance with the obligations imposed by this	57547
chapter and Chapters 4901., 4903., 4907., 4909., 4921., and 4923.	57548
of the Revised Code, so long as the producer or gatherer is not	57549
affiliated with or under the control of a gas company or a natural	57550
gas company engaged in the transportation or distribution of	57551
natural gas, or so long as the producer or gatherer does not	57552
engage in the distribution of natural gas to consumers.	57553

Nothing in division ~~(A)(5)~~(E) of this section limits the	57554
authority of the commission to enforce sections 4905.90 to 4905.96	57555
of the Revised Code.	57556

~~(6)~~(F) A pipe-line company, when engaged in the business of	57557
transporting natural gas, oil, or coal or its derivatives through	57558
pipes or tubing, either wholly or partly within this state;	57559

~~(7)~~(G) A water-works company, when engaged in the business of	57560
supplying water through pipes or tubing, or in a similar manner,	57561
to consumers within this state;	57562

~~(8)~~(H) A heating or cooling company, when engaged in the	57563
business of supplying water, steam, or air through pipes or tubing	57564
to consumers within this state for heating or cooling purposes;	57565

~~(9)~~(I) A messenger company, when engaged in the business of	57566
supplying messengers for any purpose;	57567

~~(10)~~(J) A street railway company, when engaged in the	57568
business of operating as a common carrier, a railway, wholly or	57569
partly within this state, with one or more tracks upon, along,	57570
above, or below any public road, street, alleyway, or ground,	57571
within any municipal corporation, operated by any motive power	57572
other than steam and not a part of an interurban railroad, whether	57573
the railway is termed street, inclined-plane, elevated, or	57574
underground railway;	57575

~~(11)~~(K) A suburban railroad company, when engaged in the	57576
business of operating as a common carrier, whether wholly or	57577
partially within this state, a part of a street railway	57578
constructed or extended beyond the limits of a municipal	57579
corporation, and not a part of an interurban railroad;	57580

~~(12)~~(L) An interurban railroad company, when engaged in the	57581
business of operating a railroad, wholly or partially within this	57582
state, with one or more tracks from one municipal corporation or	57583
point in this state to another municipal corporation or point in	57584
this state, whether constructed upon the public highways or upon	57585
private rights-of-way, outside of municipal corporations, using	57586
electricity or other motive power than steam power for the	57587
transportation of passengers, packages, express matter, United	57588
States mail, baggage, and freight. Such an interurban railroad	57589
company is included in the term "railroad" as used in section	57590
4907.02 of the Revised Code.	57591

~~(13)~~(M) A sewage disposal system company, when engaged in the	57592
business of sewage disposal services through pipes or tubing, and	57593
treatment works, or in a similar manner, within this state.	57594

~~(B) "Motor-propelled vehicle" means any automobile,~~	57595
~~automobile truck, motor bus, or any other self-propelled vehicle~~	57596
~~not operated or driven upon fixed rails or tracks.~~	57597

Sec. 4905.05. The jurisdiction, supervision, powers, and	57598
duties of the public utilities commission extend to every public	57599
utility and railroad, the plant or property of which lies wholly	57600
within this state and when the property of a public utility or	57601
railroad lies partly within and partly without this state to that	57602
part of such plant or property which lies within this state; to	57603
the persons or companies owning, leasing, or operating such public	57604
utilities and railroads; to the records and accounts of the	57605
business thereof done within this state; and to the records and	57606
accounts of any companies which are part of an electric utility	57607
holding company system exempt under section 3(a)(1) or (2) of the	57608
"Public Utility Holding Company Act of 1935," 49 Stat. 803, 15	57609
U.S.C. 79c, and the rules and regulations promulgated thereunder,	57610
insofar as such records and accounts may in any way affect or	57611
relate to the costs associated with the provision of electric	57612
utility service by any public utility operating in this state and	57613
part of such holding company system.	57614

Nothing in this section, or section 4905.06 or 4905.46 of the	57615
Revised Code pertaining to regulation of holding companies, grants	57616
the public utilities commission authority to regulate a holding	57617
company or its subsidiaries which are organized under the laws of	57618
another state, render no public utility service in the state of	57619
Ohio, and are regulated as a public utility by the public	57620
utilities commission of another state or primarily by a federal	57621
regulatory commission, nor do these grants of authority apply to	57622
public utilities that are excepted from the definition of "public	57623
utility" under divisions (A)(1) to ~~(C)~~(3) of section 4905.02 of	57624
the Revised Code.	57625

Sec. 4905.06. The public utilities commission has general	57626
supervision over all public utilities within its jurisdiction as	57627
defined in section 4905.05 of the Revised Code, and may examine	57628
such public utilities and keep informed as to their general	57629
condition, capitalization, and franchises, and as to the manner in	57630
which their properties are leased, operated, managed, and	57631
conducted with respect to the adequacy or accommodation afforded	57632
by their service, the safety and security of the public and their	57633
employees, and their compliance with all laws, orders of the	57634
commission, franchises, and charter requirements. The commission	57635
has general supervision over all other companies referred to in	57636
section 4905.05 of the Revised Code to the extent of its	57637
jurisdiction as defined in that section, and may examine such	57638
companies and keep informed as to their general condition and	57639
capitalization, and as to the manner in which their properties are	57640
leased, operated, managed, and conducted with respect to the	57641
adequacy or accommodation afforded by their service, and their	57642
compliance with all laws and orders of the commission, insofar as	57643
any of such matters may relate to the costs associated with the	57644
provision of electric utility service by public utilities in this	57645
state which are affiliated or associated with such companies. The	57646
commission, through the public utilities commissioners or	57647
inspectors or employees of the commission authorized by it, may	57648
enter in or upon, for purposes of inspection, any property,	57649
equipment, building, plant, factory, office, apparatus, machinery,	57650
device, and lines of any public utility. The power to inspect	57651
includes the power to prescribe any rule or order that the	57652
commission finds necessary for protection of the public safety. In	57653
order to assist the commission in the performance of its duties	57654
under this chapter, authorized employees of the motor carrier	57655
enforcement unit, created under section 5503.34 of the Revised	57656
Code in the division of state highway patrol, of the department of	57657
public safety may enter in or upon, for inspection purposes, any	57658
motor vehicle of any ~~motor transportation company or private~~ motor	57659
carrier ~~as defined in section 4923.02 of the Revised Code~~.	57660

In order to inspect motor vehicles owned or operated by a	57661
motor ~~transportation company~~carrier engaged in the transportation	57662
of persons, authorized employees of the motor carrier enforcement	57663
unit, division of state highway patrol, of the department of	57664
public safety may enter in or upon any property of any motor	57665
~~transportation company, as defined in section 4921.02 of the~~	57666
~~Revised Code,~~carrier engaged in the intrastate transportation of	57667
persons.	57668

Sec. 4905.402. (A) As used in this section:

57669

(1) "Control" means the possession of the power to direct the	57670
management and policies of a domestic telephone company or a	57671
holding company of a domestic telephone company, or the management	57672
and policies of a domestic electric utility or a holding company	57673
of a domestic electric utility, through the ownership of voting	57674
securities, by contract, or otherwise, but does not include the	57675
power that results from holding an official position or the	57676
possession of corporate office with the domestic company or	57677
utility or the holding company. Control is presumed to exist if	57678
any person, directly or indirectly, owns, controls, holds the	57679
power to vote, or holds with the power to vote proxies that	57680
constitute, twenty per cent or more of the total voting power of	57681
the domestic company or utility or the holding company.	57682

(2) "Electric utility" has the same meaning as in section	57683
4928.07 of the Revised Code.	57684

(3) "Holding company" excludes any securities broker	57685
performing the usual and customary broker's function.	57686

(4) "Telephone company" means any company described in	57687
division (A)~~(1)~~ of section 4905.03 of the Revised Code that is a	57688
public utility under section 4905.02 of the Revised Code and	57689
provides basic local exchange service, as defined in section	57690
4927.01 of the Revised Code.	57691

(B) No person shall acquire control, directly or indirectly,	57692
of a domestic telephone company or a holding company controlling a	57693
domestic telephone company or of a domestic electric utility or a	57694
holding company controlling a domestic electric utility unless	57695
that person obtains the prior approval of the public utilities	57696
commission under this section. To obtain approval the person shall	57697
file an application with the commission demonstrating that the	57698
acquisition will promote public convenience and result in the	57699
provision of adequate service for a reasonable rate, rental, toll,	57700
or charge. The application shall contain such information as the	57701
commission may require. If the commission considers a hearing	57702
necessary, it may fix a time and place for hearing. If, after	57703
review of the application and after any necessary hearing, the	57704
commission is satisfied that approval of the application will	57705
promote public convenience and result in the provision of adequate	57706
service for a reasonable rate, rental, toll, or charge, the	57707
commission shall approve the application and make such order as it	57708
considers proper. If the commission fails to issue an order within	57709
thirty days of the filing of the application, or within twenty	57710
days of the conclusion of a hearing, if one is held, the	57711
application shall be deemed approved by operation of law.	57712

(C) No domestic telephone company shall merge with another	57713
domestic telephone company unless the merging companies obtain the	57714
prior approval of the commission. An application seeking such	57715
approval shall be filed, processed, and decided in the manner	57716
provided for an application under division (B) of this section.	57717

(D) The commission shall adopt such rules as it finds	57718
necessary to carry out the provisions of this section.	57719

(E) If it appears to the commission or to any person that may	57720
be adversely affected that any person is engaged in or about to	57721
engage in any acts or practices that would violate division (B) or	57722
(C) of this section or any provision of a rule adopted under this	57723
section, the attorney general, when directed to do so by the	57724
commission, or the person claiming to be adversely affected may	57725
bring an action in any court of common pleas that has jurisdiction	57726
and venue to enjoin such acts or practices and enforce compliance.	57727
Upon a proper showing, the court shall grant, without bond, a	57728
restraining order or temporary or permanent injunction.	57729

(F) The courts of this state have jurisdiction over every	57730
person not a resident of or domiciled or authorized to do business	57731
in this state that files, or is prohibited from acting without	57732
first filing, an application under division (B) or (C) of this	57733
section, and over all actions involving such person arising out of	57734
violations of any provision of this section or of a rule adopted	57735
under this section. The secretary of state shall be the agent for	57736
service of process for any such person in any action, suit, or	57737
proceeding arising out of such violations. Copies of all such	57738
lawful process shall be served upon the secretary of state and	57739
transmitted by certified mail, with return receipt requested, by	57740
the secretary of state to such person at the person's last known	57741
address.	57742

Sec. 4905.54. Every public utility or railroad and every	57743
officer of a public utility or railroad shall comply with every	57744
order, direction, and requirement of the public utilities	57745
commission made under authority of this chapter and Chapters	57746
4901., 4903., 4907., and 4909.~~, 4921., and 4923.~~ of the Revised	57747
Code, so long as they remain in force. Except as otherwise	57748
specifically provided in ~~sections 4905.83,~~section 4905.95,	57749
~~4919.99, 4921.99, and 4923.99~~ of the Revised Code, the public	57750
utilities commission may assess a forfeiture of not more than ten	57751
thousand dollars for each violation or failure against a public	57752
utility or railroad that violates a provision of those chapters or	57753
that after due notice fails to comply with an order, direction, or	57754
requirement of the commission that was officially promulgated.	57755
Each day's continuance of the violation or failure is a separate	57756
offense. All forfeitures collected under this section shall be	57757
credited to the general revenue fund.	57758

Sec. 4905.57. Except as otherwise specifically provided in	57759
sections ~~4905.83,~~ 4905.96~~, 4919.99, 4921.99,~~ and 4923.99 of the	57760
Revised Code, actions to recover forfeitures provided for in this	57761
chapter and Chapters 4901., 4903., 4907., 4909., ~~4921.,~~ and 4923.	57762
of the Revised Code shall be prosecuted in the name of the state	57763
and may be brought in the court of common pleas of any county in	57764
which the public utility or, railroad, or motor carrier is	57765
located. Such actions shall be commenced and prosecuted by the	57766
attorney general when hethe attorney general is directed to do so	57767
by the public utilities commission. Moneys recovered by such	57768
actions shall be deposited in the state treasury to the credit of	57769
the general revenue fund.	57770

Sec. 4905.58. All prosecutions against a railroad or an	57771
officer, agent, or employee thereof, under Chapters 4901., 4903.,	57772
4905., 4907., and 4909.~~, 4921., and 4923.~~ and other sections of	57773
the Revised Code for penalties involving imprisonment shall be by	57774
indictment.	57775

Sec. 4905.80. The policy of this state is to:

57776

(A) Regulate transportation by motor carriers so as to	57777
recognize and preserve the inherent advantages of, and foster safe	57778
conditions in, that transportation and among those carriers in the	57779
public interest;	57780

(B) Promote safe and secure service by motor carriers,	57781
without unjust discriminations, undue preferences or advantages,	57782
and unfair or destructive competitive practices;	57783

(C) Improve the relations between, and coordinate	57784
transportation by and regulation of, motor carriers and other	57785
carriers;	57786

(D) Develop and preserve a highway transportation system	57787
properly adapted to the needs of commerce and the state;	57788

(E) Cooperate with the federal government and the several	57789
states, and the authorized officials thereof, and with any	57790
organization of motor carriers in the administration and	57791
enforcement of this chapter and Chapters 4901., 4903., 4907.,	57792
4909., 4921., and 4923. of the Revised Code.	57793

Sec. 4905.81. The public utilities commission shall:

57794

(A) Supervise and regulate each motor carrier;

57795

(B) Regulate the safety of operation of each motor carrier;

57796

(C) Adopt reasonable safety rules applicable to the highway	57797
transportation of persons or property in interstate and intrastate	57798
commerce by motor carriers;	57799

(D) Adopt safety rules applicable to the transportation and	57800
offering for transportation of hazardous materials in interstate	57801
and intrastate commerce by motor carriers. The rules shall not be	57802
incompatible with the requirements of the United States department	57803
of transportation.	57804

(E) Require the filing of reports and other data by motor	57805
carriers;	57806

(F) Adopt reasonable rules for the administration and	57807
enforcement of this chapter and Chapters 4901., 4903., 4907.,	57808
4909., 4921., and 4923. of the Revised Code applying to each motor	57809
carrier in this state;	57810

(G) Supervise and regulate motor carriers in all other	57811
matters affecting the relationship between those carriers and the	57812
public to the exclusion of all local authorities, except as	57813
provided in this section. The commission, in the exercise of the	57814
jurisdiction conferred upon it by this chapter and Chapters 4901.,	57815
4903., 4907., 4909., 4921., and 4923. of the Revised Code, may	57816
adopt rules affecting motor carriers, notwithstanding the	57817
provisions of any ordinance, resolution, license, or permit	57818
enacted, adopted, or granted by any township, municipal	57819
corporation, municipal corporation and county, or county. In case	57820
of conflict between any such ordinance, resolution, license, or	57821
permit, the order or rule of the commission shall prevail. Local	57822
subdivisions may adopt reasonable local police rules within their	57823
respective boundaries not inconsistent with those chapters and	57824
rules adopted under them.	57825

The commission has jurisdiction to receive, hear, and	57826
determine as a question of fact, upon complaint of any party or	57827
upon its own motion, and upon not less than fifteen days' notice	57828
of the time and place of the hearing and the matter to be heard,	57829
whether any corporation, company, association, joint-stock	57830
association, person, firm, or copartnership, or their lessees,	57831
legal or personal representatives, trustees, or receivers or	57832
trustees appointed by any court, is engaged as a motor carrier.	57833
The finding of the commission on such a question is a final order	57834
that may be reviewed as provided in section 4923.15 of the Revised	57835
Code.	57836

Sec. 4905.84. (A) As used in this section:

57837

(1) "Telecommunications relay service" means intrastate	57838
transmission services that provide the ability for an individual	57839
who has a hearing or speech impairment to engage in a	57840
communication by wire or radio with a hearing individual in a	57841
manner that is functionally equivalent to the ability of an	57842
individual who does not have a hearing or speech impairment to	57843
communicate using voice communication services by wire or radio.	57844
"Telecommunications relay service" includes services that enable	57845
two-way communication between an individual who uses a	57846
telecommunications device for the deaf or other nonvoice terminal	57847
device and an individual who does not use such a device.	57848

(2) "TRS provider" means an entity selected by the public	57849
utilities commission as the provider of telecommunications relay	57850
service for this state as part of the commission's intrastate	57851
telecommunications relay service program certified pursuant to	57852
federal law.	57853

(B) For the sole purpose of funding telecommunications relay	57854
service, the commission shall, not earlier than January 1, 2009,	57855
impose on and collect from each service provider that is required	57856
under federal law to provide its customers access to	57857
telecommunications relay service an annual assessment to pay for	57858
costs incurred by the TRS provider for providing such service in	57859
Ohio. The commission shall determine the appropriate service	57860
providers to be assessed the telecommunications relay service	57861
costs, including telephone companies as defined in division (A)~~(1)~~	57862
of section 4905.03 of the Revised Code, commercial mobile radio	57863
service providers, and providers of advanced services or internet	57864
protocol-enabled services that are competitive with or	57865
functionally equivalent to basic local exchange service as defined	57866
in section 4927.01 of the Revised Code.	57867

(C) The assessment shall be allocated proportionately among	57868
the appropriate service providers using a competitively neutral	57869
formula established by the commission based on the number of	57870
retail intrastate customer access lines or their equivalent. The	57871
commission shall annually reconcile the funds collected with the	57872
actual costs of providing telecommunications relay service when it	57873
issues the assessment and shall either proportionately charge the	57874
service providers for any amounts not sufficient to cover the	57875
actual costs or proportionately credit amounts collected in excess	57876
of the actual costs. The total amount assessed from all service	57877
providers shall not exceed the total telecommunications relay	57878
service costs.	57879

Each service provider that pays the assessment shall be	57880
permitted to recover the cost of the assessment. The method of	57881
recovery may include, but is not limited to, a customer billing	57882
surcharge.	57883

The commission shall deposit the money collected in the	57884
telecommunications relay service fund, which is hereby created in	57885
the state treasury, and shall use the money in that fund solely to	57886
compensate the TRS provider.	57887

(D) The commission shall take such measures as it considers	57888
necessary to protect the confidentiality of information provided	57889
to the commission pursuant to this section by service providers	57890
required to pay the assessment.	57891

(E) The commission may assess a forfeiture of not more than	57892
one thousand dollars on any service provider failing to comply	57893
with this section. Each day's continuance of such failure is a	57894
separate offense. The forfeiture shall be recovered in accordance	57895
with sections 4905.55 to 4905.60 of the Revised Code.	57896

(F) The jurisdiction and authority granted to the commission	57897
by this section is limited to the administration and enforcement	57898
of this section. The commission may adopt such rules as it finds	57899
necessary to carry out this section. The commission shall adopt	57900
rules under section 111.15 of the Revised Code to establish the	57901
assessment amounts and procedures.	57902

Sec. 4905.90. As used in sections 4905.90 to 4905.96 of the	57903
Revised Code:	57904

(A) "Contiguous property" includes, but is not limited to, a	57905
manufactured home park as defined in section ~~3733.01~~4781.01 of	57906
the Revised Code; a public or publicly subsidized housing project;	57907
an apartment complex; a condominium complex; a college or	57908
university; an office complex; a shopping center; a hotel; an	57909
industrial park; and a race track.	57910

(B) "Gas" means natural gas, flammable gas, or gas which is	57911
toxic or corrosive.	57912

(C) "Gathering lines" and the "gathering of gas" have the	57913
same meaning as in the Natural Gas Pipeline Safety Act and the	57914
rules adopted by the United States department of transportation	57915
pursuant to the Natural Gas Pipeline Safety Act, including 49	57916
C.F.R. part 192, as amended.	57917

(D) "Intrastate pipe-line transportation" has the same	57918
meaning as in 82 Stat. 720 (1968), 49 U.S.C.A. App. 1671, as	57919
amended, but excludes the gathering of gas exempted by the Natural	57920
Gas Pipeline Safety Act.	57921

(E) "Master-meter system" means a pipe-line system that	57922
distributes gas within a contiguous property for which the system	57923
operator purchases gas for resale to consumers, including tenants.	57924
Such pipe-line system supplies consumers who purchase the gas	57925
directly through a meter, or by paying rent, or by other means.	57926
The term includes a master-meter system as defined in 49 C.F.R.	57927
191.3, as amended. The term excludes a pipeline within a	57928
manufactured home, mobile home, or a building.	57929

(F) "Natural Gas Pipeline Safety Act" means the "Natural Gas	57930
Pipeline Safety Act of 1968," 82 Stat. 720, 49 U.S.C.A. App. 1671	57931
et seq., as amended.	57932

(G) "Operator" means any of the following:

57933

(1) A gas company or natural gas company as defined in	57934
section 4905.03 of the Revised Code, except that division	57935
~~(A)(5)~~(E) of that section does not authorize the public utilities	57936
commission to relieve any producer of gas, as a gas company or	57937
natural gas company, of compliance with sections 4905.90 to	57938
4905.96 of the Revised Code or the pipe-line safety code created	57939
under section 4905.91 of the Revised Code;	57940

(2) A pipe-line company, as defined in section 4905.03 of the	57941
Revised Code, when engaged in the business of transporting gas by	57942
pipeline;	57943

(3) A public utility that is excepted from the definition of	57944
"public utility" under division ~~(B)~~(A)(2) or ~~(C)~~(3) of section	57945
4905.02 of the Revised Code, when engaged in supplying or	57946
transporting gas by pipeline within this state;	57947

(4) Any person that owns, operates, manages, controls, or	57948
leases any of the following:	57949

(a) Intrastate pipe-line transportation facilities within	57950
this state;	57951

(b) Gas gathering lines within this state which are not	57952
exempted by the Natural Gas Pipeline Safety Act;	57953

57954

"Operator" does not include an ultimate consumer who owns a	57955
service line, as defined in 49 C.F.R. 192.3, as amended, on the	57956
real property of that ultimate consumer.	57957

(H) "Operator of a master-meter system" means a person	57958
described under division ~~(F)~~(G)(4)(c) of this section. An operator	57959
of a master-meter system is not a public utility under section	57960
4905.02 or a gas or natural gas company under section 4905.03 of	57961
the Revised Code.	57962

(I) "Person" means:

57963

(1) In addition to those defined in division (C) of section	57964
1.59 of the Revised Code, a joint venture or a municipal	57965
corporation;	57966

(2) Any trustee, receiver, assignee, or personal	57967
representative of persons defined in division ~~(H)~~(I)(1) of this	57968
section.	57969

(J) "Safety audit" means the public utilities commission's	57970
audit of the premises, pipe-line facilities, and the records,	57971
maps, and other relevant documents of a master-meter system to	57972
determine the operator's compliance with sections 4905.90 to	57973
4905.96 of the Revised Code and the pipe-line safety code.	57974

(K) "Safety inspection" means any inspection, survey, or	57975
testing of a master-meter system which is authorized or required	57976
by sections 4905.90 to 4905.96 of the Revised Code and the	57977
pipe-line safety code. The term includes, but is not limited to,	57978
leak surveys, inspection of regulators and critical valves, and	57979
monitoring of cathodic protection systems, where applicable.	57980

(L) "Safety-related condition" means any safety-related	57981
condition defined in 49 C.F.R. 191.23, as amended.	57982

(M) "Total Mcfs of gas it supplied or delivered" means the	57983
sum of the following volumes of gas that an operator supplied or	57984
delivered, measured in units per one thousand cubic feet:	57985

(1) Residential sales;

57986

(2) Commercial and industrial sales;

57987

(3) Other sales to public authorities;

57988

(4) Interdepartmental sales;

57989

(5) Sales for resale;

57990

(6) Transportation of gas.

57991

Sec. 4907.01. As used in sections 4907.01 to 4907.63 of the	57992
Revised Code:	57993

(A) "Public utility" has the same meaning as in section	57994
4905.02 of the Revised Code.	57995

(B) "Telephone company," "street railway company," and	57996
"interurban railroad company" have the same meanings as in section	57997
4905.03 of the Revised Code.	57998

(C) "Railroad" has the same meaning as in section 4907.02 of	57999
the Revised Code.	58000

(D) "Public highway" has the same meaning as in ~~sections~~	58001
~~4905.03 and 4921.02~~section 4921.01 of the Revised Code.	58002

Sec. 4907.02. As used in Chapters 4901., 4903., 4905.,	58003
4907., 4909., ~~4921., 4923.,~~ and 4959. of the Revised Code,	58004
"railroad" includes any corporation, company, individual, or	58005
association of individuals, or its lessees, trustees, or receivers	58006
appointed by a court, which owns, operates, manages, or controls a	58007
railroad or part of a railroad as a common carrier in this state,	58008
or which owns, operates, manages, or controls any cars or other	58009
equipment used on such a railroad, or which owns, operates,	58010
manages, or controls any bridges, terminals, union depots,	58011
sidetracks, docks, wharves, or storage elevators used in	58012
connection with such a railroad, whether owned by such railroad or	58013
otherwise, and means and includes express companies, water	58014
transportation companies, freight-line companies, sleeping car	58015
companies, and interurban railroad companies, and all persons and	58016
associations of persons, whether incorporated or not, operating	58017
such agencies for public use in the conveyance of persons or	58018
property within this state. All duties required of, and penalties	58019
imposed upon, a railroad or an officer or agent thereof insofar as	58020
they are applicable, are required and imposed upon express	58021
companies, water transportation companies, and interurban railroad	58022
companies, and upon their officers and agents.	58023

The public utilities commission has the power of supervision	58024
and control of express companies, water transportation companies,	58025
and interurban railroad companies to the same extent as railroads.	58026

Sec. 4907.04. Chapters 4901., 4903., 4905., 4907., and	58027
4909.~~, 4921., 4923., and 4925.~~ of the Revised Code do not apply to	58028
street and electric railways engaged solely in the transportation	58029
of passengers within the limits of cities, or to other private	58030
railroads not doing business as common carriers.	58031

Sec. 4907.08. The public utilities commission shall inquire	58032
into any neglect or violation of the laws of this state by a	58033
railroad doing business in this state, by its officers, agents, or	58034
employees, or by any person operating a railroad. The commission	58035
shall enforce Chapters 4901., 4903., 4905., 4907., 4909., ~~4921.,~~	58036
~~4923.,~~ and 4959. of the Revised Code, as well as all other laws	58037
relating to railroads, and report violations thereof to the	58038
attorney general.	58039

If, upon complaint or otherwise, the commission has reason to	58040
believe that a railroad or any officer, agent, or employee of a	58041
railroad has violated or is violating any law of this state, or if	58042
it has reason to believe that differences have arisen between	58043
citizens of the state and any railroad operating as a common	58044
carrier within this state, it shall examine into the matter.	58045

Sec. 4907.19. The public utilities commission shall cause	58046
blank forms to be prepared suitable for the purposes designated in	58047
Chapters 4901., 4903., 4905., 4907., and 4909.~~, 4921., 4923., and~~	58048
~~4925.~~ of the Revised Code which shall conform as nearly as	58049
practicable to the forms prescribed by the interstate commerce	58050
commission, and, when necessary, furnish such blank forms to each	58051
railroad.	58052

Sec. 4907.28. No railroad shall charge, demand, collect, or	58053
receive a greater or less compensation for the transportation of	58054
passengers or property, or for any service in connection	58055
therewith, than is specified in the printed schedules referred to	58056
in sections 4907.25 to 4907.27~~, inclusive,~~ of the Revised Code,	58057
including schedules of joint rates, as being then in force. The	58058
rates, fares, and charges named in such schedules shall be the	58059
lawful rates, fares, and charges until they are changed as	58060
provided in Chapters 4901., 4903., 4905., 4907., and 4909.~~, 4921.,~~	58061
~~4923., and 4925.~~ of the Revised Code.	58062

Sec. 4907.35. If a railroad, or an agent or officer of a	58063
railroad, by special rate, rebate, drawback, or by means of false	58064
billing, false classification, false weighing, or other device,	58065
charges, demands, collects, or receives, either directly or	58066
indirectly, from any person, firm, or corporation, a greater or	58067
less compensation for service rendered or to be rendered by such	58068
railroad for the transportation of persons or property or any	58069
service in connection therewith, than that prescribed in the	58070
published tariffs then in force, or established as provided in	58071
Chapters 4901., 4903., 4905., 4907., and 4909.~~, 4921., 4923., and~~	58072
~~4925.~~ of the Revised Code, or a greater or less compensation than	58073
it charges, demands, collects, or receives from any other person,	58074
firm, or corporation for a like and contemporaneous service in the	58075
transportation of a like kind of traffic, under substantially	58076
similar circumstances and conditions, the railroad is guilty of	58077
unjust discrimination, which is hereby prohibited. Upon conviction	58078
of unjust discrimination, such railroad shall forfeit and pay into	58079
the state treasury not less than one hundred nor more than five	58080
thousand dollars for each offense.	58081

No agent or officer of a railroad shall violate this section.

58082

Sec. 4907.37. No common carrier subject to Chapters 4901.,	58083
4903., 4905., 4907., and 4909.~~, 4921., 4923., and 4925.~~ of the	58084
Revised Code shall make or give undue or unreasonable preference	58085
or advantage to a particular person, company, firm, corporation,	58086
or locality, or to any particular description of traffic, or	58087
subject any particular person, company, firm, corporation, or	58088
locality, or any particular description of traffic, to any undue	58089
or unreasonable prejudice or disadvantage in any respect.	58090

Sec. 4907.43. When the tracks of a railroad and the tracks	58091
of an interurban or suburban railway cross, connect, or intersect,	58092
and such tracks are of the same gauge, the companies owning such	58093
railroads may connect such tracks so as to admit the passage of	58094
cars from one to the other with facility.	58095

If any such railroads fail to make such connection, upon	58096
complaint of any party authorized by Chapters 4901., 4903., 4905.,	58097
4907., and 4909.~~, 4921., 4923., and 4925.~~ of the Revised Code to	58098
file complaint, the public utilities commission shall proceed to	58099
hear and determine the same in a manner provided for making	58100
investigations upon complaint.	58101

If upon such hearing the commission finds that it is	58102
practicable and reasonably necessary to ~~accomodate~~accommodate the	58103
public, to connect such tracks and that when so connected it will	58104
be practicable to transport cars over such railroad without	58105
endangering the equipment, tracks, or appliances of either	58106
company, the commission shall make an order requiring such	58107
railroads to make connection. Such order shall describe the terms	58108
and conditions and shall apportion the cost of making such	58109
connection between the railroads.	58110

When such connection is made, the railroads parties to it,	58111
according to their respective powers, shall afford all reasonable	58112
and proper facilities for the interchange of traffic between their	58113
respective lines for forwarding and delivering passengers and	58114
property, and without unreasonable delay or discrimination shall	58115
transfer, switch, and deliver freight or passenger cars destine to	58116
a point on its own or connecting lines. Precedence may be given to	58117
livestock and perishable freight over other freight. Whenever a	58118
derailing device is required at the intersection of any railroads	58119
mentioned in this section, it shall be installed, maintained, and	58120
operated as required by the commission, which may prescribe the	58121
necessary rules and regulations for such operation, and designate	58122
the companies that shall be responsible for the operation of such	58123
derailing device.	58124

Sec. 4907.49. When two or more railroads cross a public	58125
highway or street at a dangerous crossing, the expenses incurred	58126
in the erection and maintenance of gates, bells, or other devices,	58127
and of necessary gatekeepers or ~~flagmen~~flaggers, and apportioned	58128
by the public utilities commission as railroad expense, shall be	58129
shared equally by the railroads.	58130

Chapters 4901., 4903., 4905., 4907., and 4909.~~, 4921., and~~	58131
~~4923.~~ of the Revised Code do not prevent the use of automatic	58132
bells or other mechanical devices by a railroad at a public	58133
crossing not declared dangerous by the public utilities	58134
commission, nor do they prevent state, county, township, or	58135
municipal officials from entering into an agreement with a	58136
railroad to pay all or part of the expense of erecting a warning	58137
device. Any funds levied and made available for highways or street	58138
purposes may be used to pay the public share of the cost under	58139
such an agreement. If a gate is erected or a ~~flagman~~flagger is	58140
stationed and maintained by a railroad, either alone or pursuant	58141
to such an agreement, the gate or ~~flagman~~flagger shall not be	58142
abandoned nor an automatic bell or other mechanical device	58143
substituted for the gate or ~~flagman~~flagger, unless the commission	58144
consents to the abandonment or substitution.	58145

Sec. 4907.57. All claims, charges, or demands against a	58146
railroad for loss of or damage to property occurring while in the	58147
custody of such railroad and unreasonable delay in transportation	58148
and delivery, for overcharges upon a shipment, or for any other	58149
service in violation of Chapters 4901., 4903., 4905., 4907., and	58150
4909.~~, 4921., 4923., and 4925.~~ of the Revised Code, if not paid	58151
within sixty days from the date of the filing thereof with such	58152
railroad, may be submitted to the public utilities commission by a	58153
formal complaint. Such complaint shall be made upon blank forms	58154
which the commission shall provide upon demand of the claimant.	58155

Such complaint shall be verified as petitions in civil	58156
actions and may be accompanied by the sworn statements of any	58157
witnesses who have knowledge of any fact material to the inquiry.	58158
Upon the filing of such complaint the commission shall forthwith	58159
cite the railroad to answer the complaint, and the citation shall	58160
be accompanied with a brief statement of the claim. The answer of	58161
the railroad shall be filed within three weeks from the service of	58162
the citation and shall be verified as answers in civil cases, and	58163
may be accompanied with the affidavits of any witnesses having	58164
knowledge of facts material to the inquiry.	58165

The burden of proof shall be upon the railroad to show that	58166
loss or damage to property was not due to its negligence. The	58167
railroad to which property is delivered for shipment shall prima	58168
facie be liable for loss or damage occurring to such property in	58169
transit notwithstanding such property may be delivered to other	58170
railroads before reaching its destination. The claim referred to	58171
in this section for loss of or damage to property may be made to	58172
any carrier over whose lines the lost or damaged property was	58173
consigned, and such claimant may at ~~his~~the claimant's option join	58174
all of such railroads as parties defendant in ~~his~~the complaint	58175
before said commission. The railroad shall furnish the claimant	58176
with a copy of its answer and affidavits, and within two weeks	58177
from the filing of such answers the claimant may file ~~his~~a reply,	58178
with affidavits in support thereof, verified as replies in civil	58179
cases. At the expiration of said period of two weeks the	58180
commission shall proceed summarily to examine the complaint,	58181
answer, reply, and affidavits, and shall determine the existence	58182
and validity of the claim presented. If the commission finds in	58183
favor of the claimant it shall certify its findings to the clerk	58184
of the court of common pleas of the county in which the claimant	58185
resides or where the railroad or any of its offices is maintained.	58186

Sec. 4907.59. Upon request of the public utilities	58187
commission, the attorney general or the prosecuting attorney of	58188
the proper county shall aid in an investigation, prosecution,	58189
hearing, or trial had under Chapters 4901., 4903., 4905., 4907.,	58190
and 4909.~~, 4921., 4923., and 4925.~~ of the Revised Code, and shall	58191
institute and prosecute necessary actions or proceedings for the	58192
enforcement of such chapters and of other laws of this state	58193
relating to railroads, and for the punishment of all violations of	58194
such chapters and such other laws.	58195

Sec. 4907.60. If a railroad fails to perform a duty enjoined	58196
upon it by Chapter 4901., 4903., 4905., 4907., 4909., ~~4921.,~~	58197
~~4923.,~~ or 4959. of the Revised Code, or does any act prohibited by	58198
any of those chapters, for which failure or act no penalty or	58199
forfeiture has been provided by law, or fails to obey a lawful	58200
requirement or order made by the public utilities commission or	58201
order of any court upon application of the commission, the	58202
railroad, except as otherwise specifically provided in ~~sections~~	58203
~~4905.83,~~section 4905.95~~, 4919.99, 4921.99, and 4923.99~~ of the	58204
Revised Code, shall forfeit into the state treasury not less than	58205
one hundred nor more than ten thousand dollars for each violation	58206
or failure. In construing and enforcing this section, the act,	58207
omission, or failure of any officer, agent, or other person acting	58208
for or employed by a railroad, while acting within the scope of	58209
the officer's, agent's, or other person's employment, is the act,	58210
omission, or failure of the railroad.	58211

Sec. 4907.61. Except as otherwise specifically provided in	58212
sections ~~4905.83,~~ 4905.96~~, 4919.99, 4921.99,~~ and 4923.99 of the	58213
Revised Code, when the attorney general prosecutes an action for	58214
the recovery of a forfeiture provided for in Chapter 4901., 4903.,	58215
4905., 4907., 4909., 4921., 4923., or 4959. of the Revised Code,	58216
the attorney general may bring the action in the court of common	58217
pleas of Franklin county or of any county having jurisdiction of	58218
the defendant.	58219

Sec. 4907.62. If a railroad does, causes, or permits	58220
anything prohibited by Chapters 4901., 4903., 4905., 4907., and	58221
4909.~~, 4921., 4923., and 4925.~~ of the Revised Code to be done, or	58222
omits doing anything required to be done by such chapters, such	58223
railroad is liable to the person, firm, or corporation injured	58224
thereby in treble the amount of damages sustained in consequence	58225
of such violation or omission. A recovery provided by this section	58226
shall not affect a recovery by the state of the penalty prescribed	58227
for such violation.	58228

Sec. 4909.01. As used in this chapter:

58229

(A) "Public utility" has the same meaning as in section	58230
4905.02 of the Revised Code.	58231

(B) "Electric light company," "gas company," "natural gas	58232
company," "pipeline company," "water-works company," "sewage	58233
disposal system company," and "street railway company" have the	58234
same meanings as in section 4905.03 of the Revised Code.	58235

(C) "Railroad" has the same meaning as in section 4907.02 of	58236
the Revised Code.	58237

(D) "~~Motor transportation company~~For-hire motor carrier" has	58238
the same meaning as in ~~sections 4905.03 and 4921.02~~section	58239
4921.01 of the Revised Code.	58240

Sec. 4909.02. All regulations, practices, and service of	58241
railroad companies prescribed by the public utilities commission	58242
shall be in force and be prima-facie reasonable, unless suspended	58243
or found otherwise in an action brought for that purpose pursuant	58244
to Chapters 4901., 4903., 4905., 4907., and 4909.~~, 4921., and~~	58245
~~4923.~~ of the Revised Code, or until changed or modified by the	58246
commission.	58247

Sec. 4909.03. All rates, fares, charges, classifications,	58248
and joint rates of railroad companies fixed by the public	58249
utilities commission shall be in force and be prima-facie lawful	58250
for two years from the day they take effect, or until changed or	58251
modified by the commission or by an order of a competent court in	58252
an action under Chapters 4901., 4903., 4905., 4907., and 4909.,	58253
~~4921., and 4923.~~ of the Revised Code.	58254

Sec. 4909.17. No rate, joint rate, toll, classification,	58255
charge, or rental, no change in any rate, joint rate, toll,	58256
classification, charge, or rental, and no regulation or practice	58257
affecting any rate, joint rate, toll, classification, charge, or	58258
rental of a public utility shall become effective until the public	58259
utilities commission, by order, determines it to be just and	58260
reasonable, except as provided in this section and sections	58261
4909.18, 4909.19, and 4909.191 of the Revised Code. Such sections	58262
do not apply to any rate, joint rate, toll, classification,	58263
charge, or rental, or any regulation or practice affecting the	58264
same, of railroads, street and electric railways, for-hire motor	58265
~~transportation companies~~carriers, and pipe line companies.	58266

Sec. 4909.22. When passengers or property are transported	58267
over two or more connecting railroads between points in this	58268
state, and the railroad companies have made joint rates for the	58269
transportation of such passengers or property, such rates and all	58270
charges in connection therewith shall be just and reasonable.	58271
Every unjust and unreasonable charge is prohibited. A less charge	58272
by each of such railroads for its proportion of such joint rates	58273
than is made locally between the same points on their respective	58274
lines is not for that reason a violation of Chapters 4901., 4903.,	58275
4905., 4907., and 4909.~~, 4921., 4923., and 4925.~~ of the Revised	58276
Code and does not render such railroads liable to any of the	58277
penalties in such chapters.	58278

Sec. 4909.24. Upon complaint of a person, firm, corporation,	58279
or association, of a mercantile, agricultural, or manufacturing	58280
society, or of a body politic or municipal organization, that any	58281
of the rates, fares, charges, or classifications, or any joint	58282
rates are in any respect unreasonable or unjustly discriminatory,	58283
or that any regulation or practice, affecting the transportation	58284
of persons or property, or any service in connection therewith,	58285
are in any respect unreasonable or unjustly discriminatory, or	58286
that any service is inadequate, the public utilities commission	58287
may notify the railroad complained of that complaint has been	58288
made, and ten days after such notice proceed to investigate such	58289
charges as provided in Chapters 4901., 4903., 4905., 4907., and	58290
4909.~~, 4921., 4923., and 4925.~~ of the Revised Code. Before making	58291
such investigation, the commission shall give the railroad and the	58292
complainants ten days' notice of the time and place such matters	58293
will be considered and determined, and such parties are entitled	58294
to be heard and to have process to enforce the attendance of	58295
witnesses.	58296

A railroad may make complaint with like effect as though made	58297
by any person, firm, corporation, or association, ~~merctantile~~	58298
mercantile, agricultural, or manufacturing society, body politic,	58299
or municipal organization.	58300

Sec. 4909.28. If, upon an investigation under Chapters	58301
4901., 4903., 4905., 4907., and 4909.~~, 4921., 4923., and 4925.~~ of	58302
the Revised Code, the public utilities commission finds that any	58303
existing rate, fare, charge, or classification, any joint rate, or	58304
any regulation or practice affecting the transportation of persons	58305
or property, or service in connection therewith, is unreasonable	58306
or unjustly discriminatory, or that any service is inadequate, it	58307
shall determine and by order fix a reasonable rate, fare, charge,	58308
classification, joint rate, regulation, practice, or service to be	58309
imposed, observed, and followed in the future, in place of that so	58310
found to be unreasonable, unjustly discriminatory, or inadequate.	58311
A certified copy of each such order shall be delivered to an	58312
officer or station agent of the railroad affected, and such order	58313
shall of its own force take effect and become operative thirty	58314
days after service.	58315

All railroads to which such order applies shall make such	58316
changes in their schedules on file as are necessary to conform to	58317
such order, and no change shall thereafter be made by any railroad	58318
in any such rate, fare, or charge, or in any joint rate, without	58319
the approval of the commission.	58320

Sec. 4911.01. As used in this chapter:

58321

(A) "Public utility" means every one as defined in divisions	58322
(A)~~(1), (3), (4), (5), (6), (7), (8)~~, (C), (D), (E), (F), (G),	58323
(H), and ~~(13)~~(M) of section 4905.03 of the Revised Code, including	58324
all public utilities that operate their utilities not for profit,	58325
except the following:	58326

(1) Electric light companies that operate their utilities not	58327
for profit;	58328

(2) Public utilities, other than telephone companies, that	58329
are owned and operated exclusively by and solely for the	58330
utilities' customers;	58331

(3) Public utilities that are owned or operated by any	58332
municipal corporation;	58333

(4) Railroads as defined in sections 4907.02 and 4907.03 of	58334
the Revised Code.	58335

(B) "Residential consumer" means urban, suburban, and rural	58336
patrons of public utilities insofar as their needs for utility	58337
services are limited to their residence.	58338

Sec. 4921.01. As used in this chapter:

58339

(A) "Ambulance" has the same meaning as in section 4766.01 of	58340
the Revised Code.	58341

(B) "For-hire motor carrier" means a person engaged in the	58342
business of transporting persons or property by motor vehicle for	58343
compensation, except when engaged in any of the following in	58344
intrastate commerce:	58345

(1) The transportation of persons in taxicabs in the usual	58346
taxicab service;	58347

(2) The transportation of pupils in school busses operating	58348
to or from school sessions or school events;	58349

(3) The transportation of farm supplies to the farm or farm	58350
products from farm to market or to food fabricating plants;	58351

(4) The distribution of newspapers;

58352

(5) The transportation of crude petroleum incidental to	58353
gathering from wells and delivery to destination by pipe line;	58354

(6) The transportation of injured, ill, or deceased persons	58355
by hearse or ambulance;	58356

(7) The transportation of compost (a combination of manure	58357
and sand or shredded bark mulch) or shredded bark mulch;	58358

(8) The transportation of persons in a ridesharing	58359
arrangement when any fee charged each person so transported is in	58360
such amount as to recover only the person's share of the costs of	58361
operating the motor vehicle for such purpose;	58362

(9) The operation of motor vehicles for contractors on public	58363
road work.	58364

"For-hire motor carrier" includes the carrier's agents,	58365
officers, and representatives, as well as employees responsible	58366
for hiring, supervising, training, assigning, or dispatching	58367
drivers and employees concerned with the installation, inspection,	58368
and maintenance of motor-vehicle equipment and accessories.	58369

Divisions (B)(1) to (9) of this section shall not be	58370
construed to relieve a person from compliance with	58371
hazardous-material regulation under section 4921.15 of the Revised	58372
Code and division (H) of section 4921.19 of the Revised Code, or	58373
rules adopted thereunder, or from compliance with rules governing	58374
unified carrier registration adopted under section 4921.11 of the	58375
Revised Code.	58376

(C) "Household goods" means personal effects and property	58377
used or to be used in a dwelling, excluding property moving from a	58378
factory or store.	58379

(D) "Interstate commerce" means trade, traffic, or	58380
transportation in the United States that is any of the following:	58381

(1) Between a place in a state and a place outside of that	58382
state (including a place outside of the United States);	58383

(2) Between two places in a state through another state or a	58384
place outside of the United States;	58385

(3) Between two places in a state as part of trade, traffic,	58386
or transportation originating or terminating outside the state or	58387
the United States.	58388

(E) "Intrastate commerce" means any trade, traffic, or	58389
transportation in any state which is not described in the term	58390
"interstate commerce."	58391

(F) "Motor vehicle" means any vehicle, machine, tractor,	58392
trailer, or semitrailer propelled or drawn by mechanical power and	58393
used upon the highways in the transportation of persons or	58394
property, or any combination thereof, but does not include any	58395
vehicle, locomotive, or car operated exclusively on a rail or	58396
rails, or a trolley bus operated by electric power derived from a	58397
fixed overhead wire, furnishing local passenger transportation	58398
similar to street-railway service.	58399

(G) "Public highway" means any public street, road, or	58400
highway in this state, whether within or without the corporate	58401
limits of a municipal corporation.	58402

(H) "Ridesharing arrangement" means the transportation of	58403
persons in a motor vehicle where such transportation is incidental	58404
to another purpose of a volunteer driver, and includes ridesharing	58405
arrangements known as carpools, vanpools, and buspools.	58406

(I) "School bus" has the same meaning as in section 4511.01	58407
of the Revised Code.	58408

(J) "Trailer" means any vehicle without motive power designed	58409
or used for carrying persons or property and for being drawn by a	58410
separate motor vehicle, including any vehicle of the trailer type,	58411
whether designed or used for carrying persons or property wholly	58412
on its own structure, or so designed or used that a part of its	58413
own weight or the weight of its load rests upon and is carried by	58414
such motor vehicle.	58415

Sec. 4921.03. (A) No for-hire motor carrier may operate in	58416
intrastate commerce unless the carrier has a current and valid	58417
certificate of public convenience and necessity.	58418

(B) The public utilities commission shall issue a certificate	58419
of public convenience and necessity to any person who does all of	58420
the following:	58421

(1) Files with the commission, in accordance with rules	58422
adopted under section 4921.05 of the Revised Code, a complete and	58423
accurate application that shall include a certification that (a)	58424
the person understands and is in compliance with the applicable	58425
service, operation, and safety laws of this state and (b) the	58426
person meets the requirements of section 4921.09 of the Revised	58427
Code;	58428

(2) Agrees to maintain accurate and current business and	58429
insurance information with the commission, in accordance with the	58430
commission's rules;	58431

(3) Has paid all applicable registration fees in accordance	58432
with rules adopted under section 4921.11 of the Revised Code, all	58433
applicable taxes under section 4921.19 of the Revised Code, and	58434
any forfeitures imposed under section 4923.99 of the Revised Code.	58435

(C) The commission shall have no power to fix, alter, or	58436
establish rates for the transportation of persons or property, nor	58437
shall the commission have the power to require or accept the	58438
filing of tariffs establishing such rates, except that the	58439
commission may accept the filing of tariffs establishing rates for	58440
the transportation of household goods.	58441

(D) A for-hire motor carrier may, at any time after a	58442
certificate of public convenience and necessity is granted or	58443
refused, file a new application or supplement a former	58444
application.	58445

(E) The commission may deny issuance of a certificate of	58446
public convenience and necessity for failure to comply with this	58447
section or rules adopted under section 4921.05 of the Revised	58448
Code.	58449

Sec. 4921.05. The public utilities commission shall adopt	58450
rules prescribing the manner and form in which a person shall	58451
apply for a certificate of public convenience and necessity under	58452
section 4921.03 of the Revised Code. The rules shall include a	58453
requirement that applications be made in writing on the blanks	58454
furnished by the commission and contain any information and	58455
certifications deemed necessary by the commission to carry out	58456
this chapter.	58457

Sec. 4921.07. (A) The public utilities commission shall adopt	58458
rules regarding procedures and timelines by which a certificate of	58459
public convenience and necessity issued under section 4921.03 of	58460
the Revised Code may be suspended. At a minimum, the rules shall	58461
require suspension of a certificate if the for-hire motor carrier	58462
does any of the following:	58463

(1) Fails to file a complete and accurate application for the	58464
certificate under section 4921.03 of the Revised Code;	58465

(2) Fails to maintain accurate and current business and	58466
insurance information with the commission;	58467

(3) Fails to maintain proper proof of insurance or proper	58468
levels of insurance under section 4921.09 of the Revised Code;	58469

(4) Fails to pay all applicable registration fees in	58470
accordance with rules adopted under section 4921.11 of the Revised	58471
Code, all applicable taxes under section 4921.19 of the Revised	58472
Code, and any forfeitures imposed under section 4923.99 of the	58473
Revised Code;	58474

(5) Requests to suspend the carrier's operations.

58475

(B)(1) The commission shall adopt rules regarding procedures	58476
and timelines by which a certificate suspended under division (A)	58477
of this section may be revoked if the conditions giving rise to	58478
the suspension are not remedied.	58479

(2) The commission shall provide the carrier with written	58480
notice indicating the nature of the deficiency, a proposed	58481
effective date of the revocation, and the means by which the	58482
deficiency may be remedied. The carrier may correct the identified	58483
deficiency or submit evidence refuting the proposed revocation	58484
within sixty days from the date of the notice. The commission may	58485
extend the sixty-day period for good cause shown. The commission	58486
may revoke the certificate after the remedy period if the carrier	58487
has not provided sufficient evidence to remedy the deficiency.	58488

Sec. 4921.09. (A) No certificate of public convenience and	58489
necessity shall be issued by the public utilities commission to	58490
any for-hire motor carrier until the carrier has filed with the	58491
commission a liability insurance certificate, policy, or bond	58492
satisfactory to the commission, in the sum and with the provisions	58493
the commission considers necessary adequately to protect the	58494
interests of the public, having due regard for the number of	58495
persons and amount of property affected. The certificate, policy,	58496
or bond shall insure the carrier against loss sustained by reason	58497
of death or injuries to persons and for loss or damage to property	58498
resulting from the negligence of the carrier.	58499

(B) No certificate for the transportation of household goods	58500
shall be issued to a for-hire motor carrier pursuant to sections	58501
4921.30 to 4921.38 of the Revised Code until it has filed with the	58502
commission a freight cargo insurance certificate, policy, or bond	58503
that the commission has determined to be adequate to protect the	58504
interests of the shipping public.	58505

(C) The Commission shall adopt rules to achieve the purposes	58506
of this section that are not incompatible with the requirements of	58507
the United States department of transportation. The rules shall at	58508
a minimum address all of the following:	58509

(1) The minimum levels of financial responsibility for each	58510
type of for-hire motor carrier;	58511

(2) The form and type of documents to be filed with the	58512
commission;	58513

(3) The manner by which documents may be filed with the	58514
commission;	58515

(4) The timelines for filing documents with the commission.

58516

(D) If a certificate, policy, or bond required under division	58517
(A) of this section is canceled during its term or lapses for any	58518
reason, both of the following apply:	58519

(1) All operations under the certificate of public	58520
convenience and necessity shall cease immediately, and further	58521
operations shall not be conducted until a replacement is filed	58522
with the commission under division (D)(2) of this section.	58523

(2) The commission shall require the company to replace the	58524
certificate, policy, or bond with another that fully complies with	58525
the requirements of this section.	58526

The certificate of public convenience and necessity shall be	58527
reinstated only after a satisfactory insurance certificate,	58528
policy, or bond has been filed with the commission.	58529

(E) To ensure minimum standards of protection of consumers'	58530
household goods, the commission may adopt rules, not incompatible	58531
with the requirements of the United States department of	58532
transportation, governing requirements for cargo insurance for	58533
for-hire motor carriers engaged in the transportation of household	58534
goods over a public highway in this state.	58535

Sec. 4921.11. The public utilities commission shall adopt	58536
rules applicable to registration pursuant to the unified carrier	58537
registration plan, codified as 49 U.S.C. 14504a, and the rules,	58538
procedures, and fee schedules adopted thereunder, in accordance	58539
with division (G) of section 4921.19 of the Revised Code.	58540

Sec. 4921.13. (A) The public utilities commission shall adopt	58541
rules applicable to the filing of annual update forms and the	58542
payment of taxes by for-hire motor carriers. The rules shall not	58543
be incompatible with the requirements of the United States	58544
department of transportation. The rules shall at a minimum address	58545
all of the following:	58546

(1) The information and certifications that must be provided	58547
to the commission on an annual update form, including a	58548
certification that the carrier continues to be in compliance with	58549
the applicable laws of this state.	58550

(2) Documentation and information that must be provided	58551
regarding proof of financial responsibility;	58552

(3) The form and manner in which taxes may be paid under	58553
section 4921.19 of the Revised Code.	58554

(B) The rules may address any other information that the	58555
commission determines is necessary to carry out this section.	58556

(C) A for-hire motor carrier shall not be issued a tax	58557
receipt under division (C) of section 4921.19 of the Revised Code	58558
until all of the following have been satisfied:	58559

(1) A complete and accurate annual update form has been filed	58560
with the commission;	58561

(2) Proof of financial responsibility remains in effect;

58562

(3) All applicable registration fees in accordance with rules	58563
adopted under section 4921.11 of the Revised Code, all applicable	58564
taxes under section 4921.19 of the Revised Code, and any	58565
forfeitures imposed under section 4923.99 of the Revised Code have	58566
been paid in full.	58567

Sec. 4921.15. (A) As used in sections 4921.15, 4921.16, and	58568
4921.19 of the Revised Code:	58569

(1) "Uniform registration" has the same meaning as	58570
"registration" as used in the final report submitted to the United	58571
States secretary of transportation, pursuant to subsection (c) of	58572
section 22 of the "Hazardous Materials Transportation Uniform	58573
Safety Act of 1990," 104 Stat. 3244, 49 U.S.C.A. App. 1819.	58574

(2) "Uniform permit" has the same meaning as "permit" as used	58575
in the final report submitted to the United States secretary of	58576
transportation, pursuant to subsection (c) of section 22 of the	58577
"Hazardous Materials Transportation Uniform Safety Act of 1990,"	58578
104 Stat. 3244, 49 U.S.C.A. App. 1819.	58579

(B)(1) The public utilities commission may adopt rules	58580
applicable to the uniform registration and uniform permitting of	58581
persons engaged in the highway transportation of hazardous	58582
materials into, through, or within this state. The rules shall	58583
include rules staggering the registration date for those persons	58584
and reducing or extending, by no more than one year, the permit	58585
renewal period for those persons.	58586

(2) For the purpose of minimizing filing requirements	58587
regarding any background investigation required for the issuance	58588
of a uniform permit as a carrier of hazardous wastes, the	58589
commission shall accept from any applicant for the permit any	58590
refiling of information the applicant has filed with the office of	58591
the attorney general under section 3734.42 of the Revised Code or	58592
any reference to that information if the refiled or referenced	58593
information is on file with the office of the attorney general, is	58594
accurate and timely for the commission's purposes under this	58595
section, and is supplemented by any additional information the	58596
commission requires. The office of the attorney general, as	58597
necessary for a background investigation, shall make accessible to	58598
the commission any information referenced or refiled in an	58599
application for a uniform permit as a carrier of hazardous wastes	58600
that the attorney general determines may be disclosed in	58601
accordance with section 3734.42 of the Revised Code. Nothing in	58602
sections 4921.15, 4921.16, and division (H) of section 4921.19 of	58603
the Revised Code affects any limitations under section 3734.42 of	58604
the Revised Code on the disclosure of that information.	58605

(C) The commission, as necessary to implement the rules	58606
adopted under division (B) of this section, may enter into	58607
agreements, contracts, arrangements, or declarations with other	58608
states and with the national repository, established pursuant to	58609
the final report submitted to the United States secretary of	58610
transportation, pursuant to subsection (c) of section 22 of the	58611
"Hazardous Materials Transportation Uniform Safety Act of 1990,"	58612
104 Stat. 3244, 49 U.S.C.A. App. 1819. The agreements, contracts,	58613
arrangements, or declarations shall include, but not be limited	58614
to, the determination of a base state, the collection of uniform	58615
registration fees, the frequency of distribution of uniform	58616
registration fees, procedures for dispute resolution, and	58617
protection of trade secrets and confidential business information.	58618

(D) No person shall knowingly falsify or fail to submit any	58619
data, reports, records, or other information required to be	58620
submitted to the commission pursuant to this section or a rule	58621
adopted under it. For purposes of this division, a person acts	58622
knowingly if either of the following applies:	58623

(1) The person has actual knowledge of the facts giving rise	58624
to the violation.	58625

(2) A reasonable person acting in the circumstances and	58626
exercising due care would have such knowledge.	58627

(E) After notice and opportunity for a hearing, the	58628
commission, pursuant to criteria set forth in rules adopted under	58629
division (B) of this section, may suspend, revoke, or deny the	58630
uniform permit as a carrier of hazardous materials of any person	58631
that has obtained or applied for such a uniform permit from the	58632
commission pursuant to rules adopted under that division, or the	58633
commission may order the suspension of the transportation of	58634
hazardous materials into, through, or within this state by a	58635
carrier that has obtained a uniform permit from another state that	58636
has a reciprocity agreement with the commission pursuant to	58637
division (C) of this section.	58638

(F)(1) The proceedings specified in division (E) of this	58639
section are subject to and governed by Chapter 4903. of the	58640
Revised Code, except as otherwise provided in this section. The	58641
court of appeals of Franklin county has exclusive original	58642
jurisdiction to review, modify, or vacate any order of the	58643
commission suspending, revoking, or denying a uniform permit as a	58644
carrier of hazardous materials of any person that has obtained or	58645
applied for a uniform permit from the commission pursuant to rules	58646
adopted under division (B) of this section, or any order of the	58647
commission suspending the transportation of hazardous materials	58648
into, through, or within this state by a carrier that has obtained	58649
a uniform permit from another state that has a reciprocity	58650
agreement with the commission under division (C) of this section.	58651
The court of appeals shall hear and determine those appeals in the	58652
same manner and under the same standards as the Ohio supreme court	58653
hears and determines appeals under Chapter 4903. of the Revised	58654
Code. The judgment of the court of appeals is final and conclusive	58655
unless reversed, vacated, or modified on appeal. Such appeals may	58656
be taken either by the commission or the person to whom the order	58657
was issued and shall proceed as in the case of appeals in civil	58658
actions as provided in Chapter 2505. of the Revised Code.	58659

(2) Section 4903.11 of the Revised Code does not apply to	58660
appeals of any order of the commission suspending, revoking, or	58661
denying a uniform permit of a person that has obtained or applied	58662
for a uniform permit from the commission pursuant to rules adopted	58663
under division (B) of this section, or of any order of the	58664
commission suspending the transportation of hazardous materials	58665
into, through, or within this state by a carrier that has obtained	58666
a uniform permit from another state that has a reciprocity	58667
agreement with the commission pursuant to division (C) of this	58668
section. Any person to whom such an order is issued who wishes to	58669
contest the order shall file, within sixty days after the entry of	58670
the order upon the journal of the commission, a notice of appeal,	58671
setting forth the order appealed from and the errors complained	58672
of. The notice of appeal shall be served, unless waived, upon the	58673
chairperson of the commission or, in the event of the	58674
chairperson's absence, upon any public utilities commissioner, or	58675
by leaving a copy at the office of the commission at Columbus. On	58676
appeal, the court shall reverse, vacate, or modify the order if,	58677
upon consideration of the record, the court is of the opinion that	58678
the order was unlawful or unreasonable.	58679

Sec. 4921.16. (A) Information submitted to the public	58680
utilities commission as part of a uniform registration	58681
application, pursuant to rules adopted under division (B) of	58682
section 4921.15 of the Revised Code, is a public record and is	58683
subject to section 149.43 of the Revised Code.	58684

(B) Except for information related to corporate structure and	58685
personnel, information that is submitted to the commission as part	58686
of a uniform permit application, pursuant to rules adopted under	58687
division (B) of section 4921.15 of the Revised Code, is a public	58688
record and is subject to section 149.43 of the Revised Code.	58689
Information that is related to corporate structure and personnel	58690
that is submitted to the commission as part of a uniform permit	58691
application, pursuant to rules adopted under division (B) of	58692
section 4921.15 of the Revised Code, is not a public record and is	58693
not subject to section 149.43 of the Revised Code. Except as	58694
provided in division (D) of this section, the commission shall not	58695
disclose to any person any information that is related to	58696
corporate structure and personnel that is submitted as part of a	58697
uniform permit application.	58698

(C) Information that is submitted for any background	58699
investigation for an application for a uniform permit as a carrier	58700
of hazardous wastes is not a public record and is not subject to	58701
section 149.43 of the Revised Code. Except as provided in division	58702
(D) of this section, the commission shall not disclose to any	58703
person any information submitted for any background investigation	58704
for such an application.	58705

(D) The commission may disclose to its authorized employees	58706
and to any federal agencies, state agencies of this state or	58707
another state, local government agencies of this state or another	58708
state, or the national repository established pursuant to the	58709
final report submitted to the United States secretary of	58710
transportation, pursuant to subsection (c) of section 22 of the	58711
"Hazardous Materials Transportation Uniform Safety Act of 1990,"	58712
104 Stat. 3244, 49 U.S.C.A. App. 1819, any information submitted	58713
to the commission as part of a uniform permit application that is	58714
related to corporate structure and personnel or submitted for any	58715
background investigation for an application for a uniform permit	58716
as a carrier of hazardous wastes if all of the following	58717
conditions are met:	58718

(1) The commission enters into a confidentiality agreement	58719
with the employee, agency, or national repository under which that	58720
employee or entity agrees not to disclose to any third party any	58721
information related to corporate structure or personnel or any	58722
information submitted as part of a background investigation unless	58723
the third party enters into a confidentiality agreement with the	58724
commission consistent with this division.	58725

(2) The employee, agency, or national repository certifies to	58726
the commission that it is not required by any state or federal law	58727
to disclose any information related to corporate structure or	58728
personnel or any information submitted as part of a background	58729
investigation.	58730

(3) The federal agency, state or local government agency of	58731
another state, or national repository irrevocably consents in	58732
writing to the jurisdiction of the courts of this state and	58733
service of process in this state, including, without limitation,	58734
summonses and subpoenas, for any civil proceeding arising out of	58735
an intentional disclosure of information in violation of this	58736
division.	58737

(E) Any person who intentionally discloses information in	58738
violation of division (D) of this section is liable to the owner	58739
of the information for civil damages caused by the disclosure.	58740

Sec. 4921.19. (A) Every for-hire motor carrier operating in	58741
this state shall, at the time of the issuance of a certificate of	58742
public convenience and necessity under section 4921.03 of the	58743
Revised Code, pay to the public utilities commission, for and on	58744
behalf of the treasurer of state, the following taxes:	58745

(1) For each motor vehicle used for transporting persons,	58746
thirty dollars;	58747

(2) For each commercial tractor, as defined in section	58748
4501.01 of the Revised Code, used for transporting property,	58749
thirty dollars;	58750

(3) For each other motor vehicle transporting property,	58751
twenty dollars.	58752

(B) Every for-hire motor carrier operating in this state	58753
solely in intrastate commerce shall, annually between the first	58754
day of May and the thirtieth day of June, pay to the commission,	58755
for and on behalf of the treasurer of state, the following taxes:	58756

(1) For each motor vehicle used for transporting persons,	58757
thirty dollars;	58758

(2) For each commercial tractor, as defined in section	58759
4501.01 of the Revised Code, used for transporting property,	58760
thirty dollars;	58761

(3) For each other motor vehicle transporting property,	58762
twenty dollars.	58763

(C) After a for-hire motor carrier has paid the applicable	58764
taxes under division (B) of this section and all requirements	58765
under division (C) of section 4921.13 of the Revised Code have	58766
been met, the commission shall issue the carrier a tax receipt.	58767
The carrier shall carry a copy of the tax receipt in each motor	58768
vehicle operated by the carrier. The carrier shall maintain the	58769
original copy of the tax receipt at the carrier's primary place of	58770
business.	58771

(D) A trailer used by a for-hire motor carrier shall not be	58772
taxed under this section.	58773

(E) The annual tax levied by division (B) of this section	58774
does not apply in those cases where the commission finds that the	58775
movement of agricultural commodities or foodstuffs produced	58776
therefrom requires a temporary and seasonal use of vehicular	58777
equipment for a period of not more than ninety days. In such	58778
event, the tax on the vehicular equipment shall be twenty-five per	58779
cent of the annual tax levied by division (B) of this section. If	58780
any vehicular equipment is used in excess of the ninety-day	58781
period, the annual tax levied by this section shall be paid.	58782

(F) All taxes levied by division (B) of this section shall be	58783
reckoned as from the beginning of the quarter in which the tax	58784
receipt is issued or as from when the use of equipment under any	58785
existing tax receipt began.	58786

(G) The fees for unified carrier registration pursuant to	58787
section 4921.11 of the Revised Code shall be identical to those	58788
established by the unified carrier registration act board as	58789
approved by the federal motor carrier safety administration for	58790
each year.	58791

(H)(1) The fees for uniform registration and a uniform permit	58792
as a carrier of hazardous materials pursuant to section 4921.15 of	58793
the Revised Code shall consist of the following:	58794

(a) A processing fee of fifty dollars;

58795

(b) An apportioned per-truck registration fee, which shall be	58796
calculated by multiplying the percentage of a registrant's	58797
activity in this state times the percentage of the registrant's	58798
business that is hazardous-materials-related, times the number of	58799
vehicles owned or operated by the registrant, times a per-truck	58800
fee determined by order of the commission following public notice	58801
and an opportunity for comment.	58802

(i) The percentage of a registrant's activity in this state	58803
shall be calculated by dividing the number of miles that the	58804
registrant travels in this state under the international	58805
registration plan, pursuant to section 4503.61 of the Revised	58806
Code, by the number of miles that the registrant travels	58807
nationwide under the international registration plan. Registrants	58808
that operate solely within this state shall use one hundred per	58809
cent as their percentage of activity. Registrants that do not	58810
register their vehicles through the international registration	58811
plan shall calculate activity in the state in the same manner as	58812
that required by the international registration plan.	58813

(ii) The percentage of a registrant's business that is	58814
hazardous-materials-related shall be calculated, for	58815
less-than-truckload shipments, by dividing the weight of all the	58816
registrant's hazardous materials shipments by the total weight of	58817
all shipments in the previous year. The percentage of a	58818
registrant's business that is hazardous-materials-related shall be	58819
calculated, for truckload shipments, by dividing the number of	58820
shipments for which placarding, marking of the vehicle, or	58821
manifesting, as appropriate, was required by regulations adopted	58822
under sections 4 to 6 of the "Hazardous Materials Transportation	58823
Uniform Safety Act of 1990," 104 Stat. 3244, 49 U.S.C. App. 1804,	58824
by the total number of the registrant's shipments that transported	58825
any kind of goods in the previous year. A registrant that	58826
transports both less-than-truckload and truckload shipments of	58827
hazardous materials shall calculate the percentage of business	58828
that is hazardous-materials-related on a proportional basis.	58829

(iii) A registrant may utilize fiscal year, or calendar year,	58830
or other current company accounting data, or other publicly	58831
available information, in calculating the percentages required by	58832
divisions (H)(1)(b)(i) and (ii) of this section.	58833

(2) The commission, after notice and opportunity for a	58834
hearing, may assess each carrier a fee for any background	58835
investigation required for the issuance, for the purpose of	58836
section 3734.15 of the Revised Code, of a uniform permit as a	58837
carrier of hazardous wastes and fees related to investigations and	58838
proceedings for the denial, suspension, or revocation of a uniform	58839
permit as a carrier of hazardous materials. The fees shall not	58840
exceed the reasonable costs of the investigations and proceedings.	58841
The fee for a background investigation for a uniform permit as a	58842
carrier of hazardous wastes shall be six hundred dollars plus the	58843
costs of obtaining any necessary information not included in the	58844
permit application, to be calculated at the rate of thirty dollars	58845
per hour, not exceeding six hundred dollars, plus any fees payable	58846
to obtain necessary information.	58847

(I) The application fee for a certificate for the	58848
transportation of household goods issued pursuant to sections	58849
4921.30 to 4921.38 of the Revised Code shall be based on the	58850
certificate holder's gross revenue, in the prior year, for the	58851
intrastate transportation of household goods. The commission shall	58852
establish, by order, ranges of gross revenue and the fee for each	58853
range. The fees shall be set in amounts sufficient to carry out	58854
the purposes of sections 4921.30 to 4921.38 and 4923.99 of the	58855
Revised Code and, to the extent necessary, the commission shall	58856
make changes to the fee structure to ensure that neither over nor	58857
under collection of the fees occurs. The fees shall also take into	58858
consideration the revenue generated from the assessment of	58859
forfeitures under section 4923.99 of the Revised Code regarding	58860
the consumer protection provisions applicable to for-hire motor	58861
carriers engaged in the transportation of household goods.	58862

(J) The fees and taxes provided under this section shall be	58863
in addition to taxes, fees, and charges fixed and exacted by other	58864
sections of the Revised Code, except the assessments required by	58865
section 4905.10 of the Revised Code, but all fees, license fees,	58866
annual payments, license taxes, or taxes or other money exactions,	58867
except the general property tax, assessed, charged, fixed, or	58868
exacted by local authorities such as municipal corporations,	58869
townships, counties, or other local boards, or the officers of	58870
such subdivisions are illegal and, are superseded by sections	58871
4503.04 and 4905.03 and Chapter 4921. of the Revised Code. On	58872
compliance with sections 4503.04 and 4905.03 and Chapter 4921. of	58873
the Revised Code, all local ordinances, resolutions, by laws, and	58874
rules in force shall cease to be operative as to the persons in	58875
compliance, except that such local subdivisions may make	58876
reasonable local police regulations within their respective	58877
boundaries not inconsistent with sections 4503.04 and 4905.03 and	58878
Chapter 4921. of the Revised Code.	58879

Sec. 4921.21. (A) As used in this section, "adjusted credit	58880
amount" means the aggregate amount credited to the public	58881
utilities transportation safety fund, less the sum of all of the	58882
following:	58883

(1) The fees collected by the public utilities commission, in	58884
accordance with the unified carrier registration plan under	58885
section 4921.11 of the Revised Code, that exceed the federal	58886
certification of revenue for each year of the plan;	58887

(2) The fees collected by the commission on behalf of other	58888
states under division (C) of section 4921.15 of the Revised Code;	58889

(3) The forfeitures collected by the commission under section	58890
4923.99 of the Revised Code for violations of rules adopted under	58891
division (A)(2) of section 4923.04 of the Revised Code.	58892

(B)(1) There is hereby created in the state treasury the	58893
public utilities transportation safety fund. The fees collected in	58894
accordance with the unified carrier registration plan under	58895
section 4921.11 of the Revised Code, the fees collected under	58896
section 4921.15 of the Revised Code, the taxes and fees remitted	58897
under section 4921.19 of the Revised Code, the forfeitures imposed	58898
under section 4923.99 of the Revised Code, except as provided in	58899
division (B)(2) of this section, and the fines collected under	58900
section 4163.07 of the Revised Code shall be deposited into the	58901
state treasury to the credit of the public utilities	58902
transportation safety fund, until the adjusted credit amount in a	58903
fiscal year is equal to the total amount appropriated from the	58904
fund for the fiscal year. Once this point of parity is reached,	58905
any additional fees, taxes, forfeitures, or fines received during	58906
the fiscal year shall be credited to the general revenue fund,	58907
except as provided in division (B)(2) of this section, and except	58908
for both of the following:	58909

(a) The fees collected in accordance with the unified carrier	58910
registration plan under section 4921.11 of the Revised Code, that	58911
exceed the federal certification of revenue for each year of the	58912
plan;	58913

(b) The fees collected on behalf of other states under	58914
division (C) of section 4921.15 of the Revised Code.	58915

(2) The first eight hundred thousand dollars of forfeitures	58916
collected under section 4923.99 of the Revised Code, for	58917
violations of rules adopted under division (A)(2) of section	58918
4923.04 of the Revised Code, during each fiscal year shall be	58919
credited to the public utilities transportation safety fund. Any	58920
forfeitures in excess of that amount shall be deposited into the	58921
general revenue fund. In each fiscal year, the commission shall	58922
distribute moneys from these forfeitures credited to the public	58923
utilities transportation safety fund for the purposes of emergency	58924
response planning and the training of safety, enforcement, and	58925
emergency services personnel in proper techniques for the	58926
management of hazardous materials releases that occur during	58927
transportation or otherwise. For these purposes, fifty per cent of	58928
all such moneys credited to the public utilities transportation	58929
safety fund shall be distributed to Cleveland state university,	58930
forty-five per cent shall be distributed to other educational	58931
institutions, state agencies, regional planning commissions, and	58932
political subdivisions, and five per cent shall be retained by the	58933
commission for the administration of this section and for training	58934
employees. However, if, in any such period, moneys from these	58935
forfeitures credited to the public utilities transportation safety	58936
fund equal an amount less than four hundred thousand dollars, the	58937
commission shall distribute, to the extent of the aggregate amount	58938
of those moneys, two hundred thousand dollars to Cleveland state	58939
university and the remainder to other educational institutions,	58940
state agencies, regional planning commissions, and political	58941
subdivisions.	58942

(C) The purpose of the public utilities transportation safety	58943
fund shall be for defraying all expenses incident to maintaining	58944
the nonrailroad transportation activities of the commission.	58945

(D) There is hereby created in the state treasury the federal	58946
commercial vehicle transportation systems fund. The fund shall	58947
consist of money received from the United States department of	58948
transportation's commercial vehicle intelligent transportation	58949
systems infrastructure deployment program. The public utilities	58950
commission shall use the fund to deploy the Ohio commercial	58951
vehicle information systems networks project and to improve safety	58952
of motor carrier operations through electronic exchange of data.	58953

(E) There is hereby created in the state treasury the motor	58954
carrier safety fund. The fund shall consist of money received from	58955
the United States department of transportation for motor carrier	58956
safety. The commission shall use the fund to administer the	58957
state's motor carrier safety assistance program and associated	58958
grants, including the motor carrier safety assistance program	58959
basic grant, the incentive grant, the high priority grants, the	58960
new entrant safety assurance grant, the safety data improvement	58961
grant, or their equivalents.	58962

(F) If the director of budget and management determines there	58963
is not sufficient money in the public utilities transportation	58964
safety fund, the director shall transfer money from the general	58965
revenue fund to the public utilities transportation safety fund in	58966
an amount up to the difference between the balance of the public	58967
utilities transportation safety fund and the appropriations from	58968
that fund. If the director subsequently determines during the	58969
fiscal year that the balance of the public utilities	58970
transportation safety fund exceeds the amount needed to support	58971
the appropriations from the fund, the director shall transfer the	58972
excess money, up to the amount of the original transfer, to the	58973
general revenue fund.	58974

Sec. 4921.25. Any person, firm, copartnership, voluntary	58975
association, joint-stock association, company, or corporation,	58976
wherever organized or incorporated, that is engaged in the towing	58977
of motor vehicles is subject to regulation by the public utilities	58978
commission as a for-hire motor carrier under this chapter. Such an	58979
entity is not subject to any ordinance, rule, or resolution of a	58980
municipal corporation, county, or township that provides for the	58981
licensing, registering, or regulation of entities that tow motor	58982
vehicles.	58983

Sec. 4921.30. Except as otherwise provided in sections	58984
4921.32 to 4921.38 of the Revised Code, a for-hire motor carrier	58985
engaged in the transportation of household goods in intrastate	58986
commerce:	58987

(A) Is subject to Chapter 4921. of the Revised Code and to	58988
all other provisions of the Revised Code applicable to a for-hire	58989
motor carrier, including sections 4506.22, 4511.78, 5502.01,	58990
5503.02, and 5503.34 of the Revised Code;	58991

(B) Is not a public utility as defined in section 4911.01 of	58992
the Revised Code.	58993

Sec. 4921.32. Notwithstanding any provision of this chapter	58994
or Chapters 4901. to 4909. and 4923. of the Revised Code to the	58995
contrary:	58996

(A) Not later than six months after the effective date of	58997
this section, the public utilities commission, in accordance with	58998
sections 4921.30 to 4921.38 of the Revised Code, shall establish	58999
by order a certification system for for-hire motor carriers	59000
engaged in the transportation of household goods in intrastate	59001
commerce.	59002

(B) Beginning on the effective date of the order of the	59003
commission as initially issued under division (A) of this section,	59004
no for-hire motor carrier shall engage in the transportation of	59005
household goods in intrastate commerce without first holding a	59006
current and valid certificate for the transportation of household	59007
goods issued by the commission pursuant to sections 4921.30 to	59008
4921.38 of the Revised Code.	59009

Sec. 4921.34. (A) The public utilities commission shall	59010
approve an application for a certificate for the transportation of	59011
household goods under sections 4921.30 to 4921.38 of the Revised	59012
Code and shall issue a certificate, provided the applicant pays	59013
the applicable application fee under division (I) of section	59014
4921.19 of the Revised Code and submits to the commission a	59015
completed application, on a form prescribed by the commission,	59016
that is substantially the same as the application prescribed by	59017
the commission pursuant to section 4921.05 of the Revised Code,	59018
and includes a certification of all of the following by	59019
responsible officials of the applicant:	59020

(1) The applicant's workers' compensation coverage is current	59021
pursuant to Chapter 4123. of the Revised Code.	59022

(2) The applicant's unemployment compensation coverage is	59023
current pursuant to Chapter 4141. of the Revised Code.	59024

(3) The applicant's financial responsibility is in accordance	59025
with rules adopted by the commission under section 4921.09 of the	59026
Revised Code.	59027

(B) The commission shall not approve any application that	59028
does not contain the proper certifications required by this	59029
section. The commission may revoke a certificate issued under	59030
division (A) of this section if, after at least fifteen days'	59031
advance notice to the certificate holder of the basis for such	59032
action and providing the holder with an opportunity for a hearing,	59033
the commission finds that the holder is not in compliance with	59034
this chapter, or rules adopted or orders issued under it.	59035

(C) A certificate issued under division (A) of this section	59036
is valid for one year and is renewable annually.	59037

Sec. 4921.36. Each holder of a certificate for the	59038
transportation of household goods shall do all of the following:	59039

(A) Make its current certificate available for public	59040
inspection during normal business hours;	59041

(B) Present each of its customers with information, written	59042
in plain and clear language and pursuant to a form prescribed by	59043
the public utilities commission, outlining a consumer's rights;	59044

(C) Include its certificate number on all advertising,	59045
written estimates, and contracts, pursuant to rules adopted by the	59046
commission.	59047

Sec. 4921.38. In accordance with sections 4921.30 to 4921.36	59048
of the Revised Code, the public utilities commission may adopt	59049
rules regarding any of the following:	59050

(A) Providing for binding estimates by for-hire motor	59051
carriers engaged in the transportation of household goods in	59052
intrastate commerce;	59053

(B) Providing for guaranteed-not-to-exceed estimates by those	59054
carriers;	59055

(C) Requiring those carriers to include their certificate	59056
number in all advertising, written estimates, and contracts	59057
related to the transportation of household goods in intrastate	59058
commerce;	59059

(D) As are necessary and proper to carry out this chapter	59060
with respect to those carriers;	59061

(E) Providing for the enforcement of the consumer protection	59062
provisions of Title 49 of the United States Code related to the	59063
delivery and transportation of household goods in interstate	59064
commerce, as permitted by 49 U.S.C. 14710.	59065

Sec. 4923.01. As used in this chapter:

59066

(A) "Ambulance," "interstate commerce," "intrastate	59067
commerce," "motor vehicle," "public highway," "ridesharing	59068
arrangement," and "school bus" have the same meanings as in	59069
section 4921.01 of the Revised Code.	59070

(B) "For-hire motor carrier" means a person engaged in the	59071
business of transporting persons or property by motor vehicle for	59072
compensation, except when engaged in any of the following in	59073
intrastate commerce:	59074

(1) The transportation of persons in taxicabs in the usual	59075
taxicab service;	59076

(2) The transportation of pupils in school busses operating	59077
to or from school sessions or school events;	59078

(3) The transportation of farm supplies to the farm or farm	59079
products from farm to market or to food fabricating plants;	59080

(4) The distribution of newspapers;

59081

(5) The transportation of crude petroleum incidental to	59082
gathering from wells and delivery to destination by pipe line;	59083

(6) The transportation of injured, ill, or deceased persons	59084
by hearse or ambulance;	59085

(7) The transportation of compost (a combination of manure	59086
and sand or shredded bark mulch) or shredded bark mulch;	59087

(8) The transportation of persons in a ridesharing	59088
arrangement when any fee charged each person so transported is in	59089
such amount as to recover only the person's share of the costs of	59090
operating the motor vehicle for such purpose;	59091

(9) The operation of motor vehicles for contractors on public	59092
road work.	59093

"For-hire motor carrier" includes the carrier's agents,	59094
officers, and representatives, as well as employees responsible	59095
for hiring, supervising, training, assigning, or dispatching	59096
drivers and employees concerned with the installation, inspection,	59097
and maintenance of motor-vehicle equipment and accessories.	59098

Divisions (B)(1) to (9) of this section shall not be	59099
construed to relieve a person from compliance with rules adopted	59100
under division (A)(2) of section 4923.04 of the Revised Code,	59101
division (E) of section 4923.06 of the Revised Code, division (B)	59102
of section 4923.07 of the Revised Code, and section 4923.11 of the	59103
Revised Code, or from compliance with rules regarding commercial	59104
driver's licenses adopted under division (A)(1) of section 4923.04	59105
of the Revised Code.	59106

(C) "Motor carrier" means both a for-hire motor carrier and a	59107
private motor carrier.	59108

(D) "Private motor carrier" means a person who is not a	59109
for-hire motor carrier but is engaged in the business of	59110
transporting persons or property by motor vehicle, except as	59111
provided in section 4923.02 of the Revised Code. "Private motor	59112
carrier" includes the carrier's agents, officers, and	59113
representatives, as well as employees responsible for hiring,	59114
supervising, training, assigning, or dispatching drivers and	59115
employees concerned with the installation, inspection, and	59116
maintenance of motor-vehicle equipment and accessories.	59117

Sec. 4923.02. (A) As used in this chapter, "private motor	59118
carrier" does not include a person when engaged in any of the	59119
following in intrastate commerce:	59120

(1) The transportation of persons in taxicabs in the usual	59121
taxicab service;	59122

(2) The transportation of pupils in school busses operating	59123
to or from school sessions or school events;	59124

(3) The transportation of farm supplies to the farm or farm	59125
products from farm to market or to food fabricating plants;	59126

(4) The distribution of newspapers;

59127

(5) The transportation of crude petroleum incidental to	59128
gathering from wells and delivery to destination by pipe line;	59129

(6) The transportation of injured, ill, or deceased persons	59130
by hearse or ambulance;	59131

(7) The transportation of compost (a combination of manure	59132
and sand or shredded bark mulch) or shredded bark mulch;	59133

(8) The transportation of persons in a ridesharing	59134
arrangement when any fee charged each person so transported is in	59135
such amount as to recover only the person's share of the costs of	59136
operating the motor vehicle for such purpose;	59137

(9) The operation of motor vehicles for contractors on public	59138
road work.	59139

(B) The public utilities commission may grant a motor carrier	59140
operating in intrastate commerce a temporary exemption from some	59141
or all of the provisions of this chapter and the rules adopted	59142
under it, when either of the following applies:	59143

(1) The governor of this state has declared an emergency.

59144

(2) The chairperson of the commission or the chairperson's	59145
designee has declared a transportation-specific emergency.	59146

(C) The commission may adopt rules not incompatible with the	59147
requirements of the United States department of transportation to	59148
provide exemptions to motor carriers operating in intrastate	59149
commerce not otherwise identified in divisions (A) and (B) of this	59150
section.	59151

(D) Divisions (A) to (C) of this section shall not be	59152
construed to relieve a person from compliance with either of the	59153
following:	59154

(1) Rules adopted under division (A)(2) of section 4923.04 of	59155
the Revised Code, division (E) of section 4923.06 of the Revised	59156
Code, division (B) of section 4923.07 of the Revised Code, and	59157
section 4923.11 of the Revised Code;	59158

(2) Rules regarding commercial driver's licenses adopted	59159
under division (A)(1) of section 4923.04 of the Revised Code.	59160

Sec. 4923.04. (A)(1) The public utilities commission shall	59161
adopt rules applicable to the transportation of persons or	59162
property by motor carriers operating in interstate and intrastate	59163
commerce.	59164

(2) The commission shall adopt rules applicable to the	59165
highway transportation and offering for transportation of	59166
hazardous materials by motor carriers, and persons engaging in the	59167
highway transportation and offering for transportation of	59168
hazardous materials, operating in interstate or intrastate	59169
commerce.	59170

(B) The rules adopted under division (A) of this section	59171
shall not be incompatible with the requirements of the United	59172
States department of transportation.	59173

(C) To achieve the purposes of this chapter and to assist the	59174
commission in the performance of any of its powers or duties, the	59175
commission, either through the public utilities commissioners or	59176
employees authorized by it, may do either or both of the	59177
following:	59178

(1) Apply for, and any judge of a court of record of	59179
competent jurisdiction may issue, an appropriate search warrant;	59180

(2) Examine under oath, at the offices of the commission, any	59181
officer, agent, or employee of any person subject to this chapter.	59182
The commission, by subpoena, also may compel the attendance of a	59183
witness for the purpose of the examination and, by subpoena duces	59184
tecum, may compel the production of all books, contracts, records,	59185
and documents that relate to the transportation and offering for	59186
transportation of hazardous materials.	59187

Sec. 4923.06. (A) The public utilities commission may,	59188
through the commission's inspectors or other authorized employees,	59189
enter in or upon any motor vehicle of any motor carrier, or any	59190
person engaging in the transportation of hazardous material or	59191
hazardous waste, to inspect the motor vehicle or driver subject to	59192
rules adopted under section 4923.04 of the Revised Code.	59193

(B) In order to assist the commission in performing its	59194
duties under this section, authorized employees of the state	59195
highway patrol of the department of public safety may conduct	59196
inspections of motor vehicles and drivers.	59197

(C) Inspectors and employees authorized to conduct	59198
inspections under divisions (A) and (B) of this section may, under	59199
the direction of the commission, stop motor vehicles to inspect	59200
those vehicles and drivers to enforce compliance with rules	59201
adopted under section 4923.04 of the Revised Code.	59202

(D) Inspectors and employees authorized to conduct	59203
inspections under divisions (A) and (B) of this section shall	59204
conduct inspections consistent with the North American standard	59205
inspection procedure of the commercial vehicle safety alliance and	59206
the standards of the United States department of transportation.	59207
The inspectors and employees may declare drivers and motor	59208
vehicles out-of-service consistent with this procedure and these	59209
standards.	59210

(E) The commission may adopt rules to carry out this section	59211
that are not incompatible with the requirements of the United	59212
States department of transportation.	59213

Sec. 4923.07. (A) The public utilities commission may,	59214
through the commission's inspectors or other authorized employees,	59215
enter in or upon the premises and motor vehicles of any motor	59216
carrier, or any person engaging in the transportation of hazardous	59217
material or hazardous waste, to examine any records, documents, or	59218
property for the purpose of assessing the safety, performance, and	59219
management controls associated with the carrier or person.	59220

(B) The commission may adopt rules to carry out this section	59221
that are not incompatible with the requirements of the United	59222
States department of transportation.	59223

Sec. 4923.09. The public utilities commission shall cooperate	59224
with and permit the use of the services, records, and facilities	59225
of the commission as fully as practicable by appropriate officers	59226
of the United States department of transportation, other federal	59227
agencies or commissions, and appropriate commissions of other	59228
states in the enforcement and administration of state and federal	59229
laws relating to highway transportation by motor vehicles. The	59230
commission may enter into cooperative agreements with the United	59231
States department of transportation and any other federal agency	59232
or commission to enforce the safety laws and rules of this state	59233
and of the United States concerning highway transportation by	59234
motor vehicles. All grants-in-aid, cash, and reimbursements	59235
received by the commission pursuant to those cooperative	59236
agreements shall be deposited to the credit of the motor carrier	59237
safety fund created under section 4921.21 of the Revised Code.	59238

Sec. 4923.11. The public utilities commission may adopt rules	59239
applicable to the highway routing of hazardous materials into,	59240
through, or within this state. Rules adopted under this section	59241
shall not be incompatible with requirements of the United States	59242
department of transportation.	59243

Sec. 4923.15. Proceedings of the public utilities commission	59244
for the assessment of forfeitures for violations of Chapters 4921.	59245
and 4923. of the Revised Code are subject to and governed by	59246
section 4923.99 of the Revised Code. In all other respects in	59247
which the commission has power and authority under Chapters 4921.	59248
and 4923. of the Revised Code, applications and complaints may be	59249
made and filed with the commission, processes may be issued,	59250
hearings may be held, opinions, orders, and decisions may be made	59251
and filed, petitions for rehearing may be filed and acted upon,	59252
and all proceedings before the supreme court of this state may be	59253
considered and disposed of by that court in the manner, under the	59254
conditions, subject to the limitations, and with the effect	59255
specified in the sections of the Revised Code governing the	59256
supervision of public utilities by the commission.	59257

Sec. 4923.99. (A)(1) Whoever violates Chapter 4921. or 4923.	59258
of the Revised Code is liable to the state for a forfeiture of not	59259
more than twenty-five thousand dollars for each day of each	59260
violation. The public utilities commission, after providing	59261
reasonable notice and the opportunity for a hearing in accordance	59262
with the procedural rules adopted under section 4901.13 of the	59263
Revised Code, shall assess, by order, a forfeiture upon a person	59264
whom the commission determines, by a preponderance of the	59265
evidence, committed the violation. In determining the amount of	59266
the forfeiture for a violation discovered during a driver or	59267
motor-vehicle inspection under section 4923.06 of the Revised	59268
Code, the commission shall, to the extent practicable, not act in	59269
a manner incompatible with the requirements of the United States	59270
department of transportation, and, to the extent practicable,	59271
shall utilize a system comparable to the recommended civil-penalty	59272
procedure adopted by the commercial vehicle safety alliance. In	59273
determining the amount of the forfeiture for a violation	59274
discovered during a compliance review of a motor carrier under	59275
section 4923.07 of the Revised Code, the commission shall, to the	59276
extent practicable, not act in a manner incompatible with the	59277
civil-penalty guidelines of the United States department of	59278
transportation.	59279

The attorney general, upon the written request of the	59280
commission, shall bring a civil action in the court of common	59281
pleas of Franklin county to collect a forfeiture assessed under	59282
this section. The commission shall account for the forfeitures	59283
collected under this section and pay them to the treasurer of	59284
state under section 4921.21 of the Revised Code.	59285

(2) The attorney general, upon the written request of the	59286
commission, shall bring an action for injunctive relief in the	59287
court of common pleas of Franklin county against any person who	59288
has violated or is violating any order issued by the commission to	59289
secure compliance with any provision of Chapter 4921. or 4923. of	59290
the Revised Code. The court of common pleas of Franklin county has	59291
jurisdiction to and may grant preliminary and permanent injunctive	59292
relief upon a showing that the person against whom the action is	59293
brought has violated or is violating any such order. The court	59294
shall give precedence to such an action over all other cases.	59295

(B) The amount of any forfeiture may be compromised at any	59296
time prior to collection of the forfeiture. The commission shall	59297
adopt rules governing the manner in which the amount of a	59298
forfeiture may be established by agreement prior to the hearing on	59299
the forfeiture before the commission.	59300

(C) The proceedings of the commission specified in division	59301
(A) of this section are subject to and governed by Chapter 4903.	59302
of the Revised Code, except as otherwise specifically provided in	59303
this section. The court of appeals of Franklin county has	59304
exclusive, original jurisdiction to review, modify, or vacate an	59305
order of the commission issued to secure compliance with any	59306
provision of Chapter 4921. or 4923. of the Revised Code. The court	59307
of appeals shall hear and determine those appeals in the same	59308
manner, and under the same standards, as the supreme court hears	59309
and determines appeals under Chapter 4903. of the Revised Code.	59310
The judgment of the court of appeals is final and conclusive	59311
unless reversed, vacated, or modified on appeal. Such appeals may	59312
be taken either by the commission or the person to whom the	59313
compliance order or forfeiture assessment was issued and shall	59314
proceed as in the case of appeals in civil actions as provided in	59315
the rules of appellate procedure and Chapter 2505. of the Revised	59316
Code.	59317

(D) Section 4903.11 of the Revised Code does not apply to an	59318
appeal of an order issued to secure compliance with Chapter 4921.	59319
or 4923. of the Revised Code or an order issued under division	59320
(A)(1) of this section assessing a forfeiture. Any person to whom	59321
any such order is issued who wishes to contest a compliance order,	59322
the fact of the violation, or the amount of the forfeiture shall	59323
file a notice of appeal, setting forth the order appealed from and	59324
the errors complained of, within sixty days after the entry of the	59325
order upon the journal of the commission. The notice of appeal	59326
shall be served, unless waived, upon the chairperson of the	59327
commission or, in the event of the chairperson's absence, upon any	59328
public utilities commissioner, or by leaving a copy at the office	59329
of the commission at Columbus. An order issued by the commission	59330
to secure compliance with Chapter 4921. or 4923. of the Revised	59331
Code or an order issued under division (A)(1) of this section	59332
assessing a forfeiture shall be reversed, vacated, or modified on	59333
appeal if, upon consideration of the record, the court is of the	59334
opinion that the order was unlawful or unreasonable.	59335

(E) Only for such violations that constitute violations of	59336
the "Hazardous Materials Transportation Uniform Safety Act of	59337
1990," 104 Stat. 3244, 49 U.S.C.A. App. 1804 and 1805, or	59338
regulations adopted under the act, the commission, in determining	59339
liability, shall use the same standard of culpability for civil	59340
forfeitures under this section as that set forth for civil	59341
penalties under section 12 of the "Hazardous Materials	59342
Transportation Uniform Safety Act of 1990," 104 Stat. 3244, 49	59343
U.S.C.A. App. 1809. The commission shall consider the assessment	59344
considerations for civil penalties specified in regulations	59345
adopted under the "Hazardous Materials Transportation Act," 88	59346
Stat. 2156 (1975), 49 U.S.C. 1801.	59347

Sec. 4927.01. (A) As used in this chapter:

59348

(1) "Basic local exchange service" means residential-end-user	59349
access to and usage of telephone-company-provided services over a	59350
single line or small-business-end-user access to and usage of	59351
telephone-company-provided services over the primary access line	59352
of service, which in the case of residential and small-business	59353
access and usage is not part of a bundle or package of services,	59354
that does both of the following:	59355

(a) Enables a customer to originate or receive voice	59356
communications within a local service area as that area exists on	59357
September 13, 2010, the effective date of the amendment of this	59358
section by S.B. 162 of the 128th general assembly;	59359

(b) Consists of all of the following services:

59360

(i) Local dial tone service;

59361

(ii) For residential end users, flat-rate telephone exchange	59362
service;	59363

(iii) Touch tone dialing service;

59364

(iv) Access to and usage of 9-1-1 services, where such	59365
services are available;	59366

(v) Access to operator services and directory assistance;

59367

(vi) Provision of a telephone directory in any reasonable	59368
format for no additional charge and a listing in that directory,	59369
with reasonable accommodations made for private listings;	59370

(vii) Per call, caller identification blocking services;

59371

(viii) Access to telecommunications relay service; and

59372

(ix) Access to toll presubscription, interexchange or toll	59373
providers or both, and networks of other telephone companies.	59374

(2) "Bundle or package of services" means one or more	59375
telecommunications services or other services offered together as	59376
one service option at a single price.	59377

(3) "Carrier access" means access to and usage of telephone	59378
company-provided facilities that enable end user customers	59379
originating or receiving voice grade, data, or image	59380
communications, over a local exchange telephone company network	59381
operated within a local service area, to access interexchange or	59382
other networks and includes special access.	59383

(4) "Federal poverty level" means the income level	59384
represented by the poverty guidelines as revised annually by the	59385
United States department of health and human services in	59386
accordance with section 673(2) of the "Omnibus Reconciliation Act	59387
of 1981," 95 Stat. 511, 42 U.S.C. 9902, as amended, for a family	59388
size equal to the size of the family of the person whose income is	59389
being determined.	59390

(5) "Incumbent local exchange carrier" means, with respect to	59391
an area, the local exchange carrier that:	59392

(a) On February 8, 1996, provided telephone exchange service	59393
in such area; and	59394

(b)(i) On February 8, 1996, was deemed to be a member of the	59395
exchange carrier association pursuant to 47 C.F.R. 69.601(b); or	59396

(ii) Is a person or entity that, on or after February 8,	59397
1996, became a successor or assign of a member described in	59398
division (A)(5)(b)(i) of this section.	59399

(6) "Internet protocol-enabled services" means any services,	59400
capabilities, functionalities, or applications that are provided	59401
using internet protocol or a successor protocol to enable an end	59402
user to send or receive communications in internet protocol format	59403
or a successor format, regardless of how any particular such	59404
service is classified by the federal communications commission,	59405
and includes voice over internet protocol service.	59406

(7) "Local exchange carrier" means any person engaged in the	59407
provision of telephone exchange service, or the offering of access	59408
to telephone exchange service or facilities for the purpose of	59409
originating or terminating telephone toll service.	59410

(8) "Local service area" means the geographic area that may	59411
encompass more than one exchange area and within which a telephone	59412
customer, by paying the rate for basic local exchange service, may	59413
complete calls to other telephone customers without being assessed	59414
long distance toll charges.	59415

(9) "Small business" means a nonresidential service customer	59416
with three or fewer service access lines.	59417

(10) "Telecommunications" means the transmission, between or	59418
among points specified by the user, of information of the user's	59419
choosing, without change in the form or content of the information	59420
as sent and received.	59421

(11) "Telecommunications carrier" has the same meaning as in	59422
the "Telecommunications Act of 1996," 110 Stat. 60, 47 U.S.C. 153.	59423

(12) "Telecommunications service" means the offering of	59424
telecommunications for a fee directly to the public, or to such	59425
classes of users as to be effectively available directly to the	59426
public, regardless of the facilities used.	59427

(13) "Telephone company" means a company described in	59428
division (A)~~(1)~~ of section 4905.03 of the Revised Code that is a	59429
public utility under section 4905.02 of the Revised Code.	59430

(14) "Telephone exchange service" means telecommunications	59431
service that is within a telephone exchange, or within a connected	59432
system of telephone exchanges within the same exchange area	59433
operated to furnish to subscribers intercommunicating service of	59434
the character ordinarily furnished by a single exchange, and that	59435
is covered by the exchange service charge; or comparable service	59436
provided through a system of switches, transmission equipment, or	59437
other facilities, or combination thereof, by which a customer can	59438
originate and terminate a telecommunications service.	59439

(15) "Telephone toll service" means telephone service between	59440
stations in different exchange areas for which there is made a	59441
separate charge not included in contracts with customers for	59442
exchange service.	59443

(16) "Voice over internet protocol service" means a service	59444
that uses a broadband connection from an end user's location and	59445
enables real-time, two-way, voice communications that originate or	59446
terminate from the user's location using internet protocol or a	59447
successor protocol, including, but not limited to, any such	59448
service that permits an end user to receive calls from and	59449
terminate calls to the public switched network.	59450

(17) "Wireless service" means federally licensed commercial	59451
mobile service as defined in the "Telecommunications Act of 1996,"	59452
110 Stat. 61, 151, 153, 47 U.S.C. 332(d) and further defined as	59453
commercial mobile radio service in 47 C.F.R. 20.3. Under division	59454
(A)(17) of this section, commercial mobile radio service is	59455
specifically limited to mobile telephone, mobile cellular	59456
telephone, paging, personal communications services, and	59457
specialized mobile radio service provided by a common carrier in	59458
this state and excludes fixed wireless service.	59459

(18) "Wireless service provider" means a facilities-based	59460
provider of wireless service to one or more end users in this	59461
state.	59462

(B) The definitions of this section shall be applied	59463
consistent with the definitions in the "Telecommunications Act of	59464
1996," 110 Stat. 56, 47 U.S.C. 151 et seq., as amended, and with	59465
federal decisions interpreting those definitions.	59466

Sec. 4929.01. As used in this chapter:

59467

(A) "Alternative rate plan" means a method, alternate to the	59468
method of section 4909.15 of the Revised Code, for establishing	59469
rates and charges, under which rates and charges may be	59470
established for a commodity sales service or ancillary service	59471
that is not exempt pursuant to section 4929.04 of the Revised Code	59472
or for a distribution service. Alternative rate plans may include,	59473
but are not limited to, methods that provide adequate and reliable	59474
natural gas services and goods in this state; minimize the costs	59475
and time expended in the regulatory process; tend to assess the	59476
costs of any natural gas service or goods to the entity, service,	59477
or goods that cause such costs to be incurred; afford rate	59478
stability; promote and reward efficiency, quality of service, or	59479
cost containment by a natural gas company; provide sufficient	59480
flexibility and incentives to the natural gas industry to achieve	59481
high quality, technologically advanced, and readily available	59482
natural gas services and goods at just and reasonable rates and	59483
charges; or establish revenue decoupling mechanisms. Alternative	59484
rate plans also may include, but are not limited to, automatic	59485
adjustments based on a specified index or changes in a specified	59486
cost or costs.	59487

(B) "Ancillary service" means a service that is ancillary to	59488
the receipt or delivery of natural gas to consumers, including,	59489
but not limited to, storage, pooling, balancing, and transmission.	59490

(C) "Commodity sales service" means the sale of natural gas	59491
to consumers, exclusive of any distribution or ancillary service.	59492

(D) "Comparable service" means any regulated service or goods	59493
whose availability, quality, price, terms, and conditions are the	59494
same as or better than those of the services or goods that the	59495
natural gas company provides to a person with which it is	59496
affiliated or which it controls, or, as to any consumer, that the	59497
natural gas company offers to that consumer as part of a bundled	59498
service that includes both regulated and exempt services or goods.	59499

(E) "Consumer" means any person or association of persons	59500
purchasing, delivering, storing, or transporting, or seeking to	59501
purchase, deliver, store, or transport, natural gas, including	59502
industrial consumers, commercial consumers, and residential	59503
consumers, but not including natural gas companies.	59504

(F) "Distribution service" means the delivery of natural gas	59505
to a consumer at the consumer's facilities, by and through the	59506
instrumentalities and facilities of a natural gas company,	59507
regardless of the party having title to the natural gas.	59508

(G) "Natural gas company" means a natural gas company, as	59509
defined in section 4905.03 of the Revised Code, that is a public	59510
utility as defined in section 4905.02 of the Revised Code and	59511
excludes a retail natural gas supplier.	59512

(H) "Person," except as provided in division (N) of this	59513
section, has the same meaning as in section 1.59 of the Revised	59514
Code, and includes this state and any political subdivision,	59515
agency, or other instrumentality of this state and includes the	59516
United States and any agency or other instrumentality of the	59517
United States.	59518

(I) "Billing or collection agent" means a fully independent	59519
agent, not affiliated with or otherwise controlled by a retail	59520
natural gas supplier or governmental aggregator subject to	59521
certification under section 4929.20 of the Revised Code, to the	59522
extent that the agent is under contract with such supplier or	59523
aggregator solely to provide billing and collection for	59524
competitive retail natural gas service on behalf of the supplier	59525
or aggregator.	59526

(J) "Competitive retail natural gas service" means any retail	59527
natural gas service that may be competitively offered to consumers	59528
in this state as a result of revised schedules approved under	59529
division (C) of section 4929.29 of the Revised Code, a rule or	59530
order adopted or issued by the public utilities commission under	59531
Chapter 4905. of the Revised Code, or an exemption granted by the	59532
commission under sections 4929.04 to 4929.08 of the Revised Code.	59533

(K) "Governmental aggregator" means either of the following:

59534

(1) A legislative authority of a municipal corporation, a	59535
board of township trustees, or a board of county commissioners	59536
acting exclusively under section 4929.26 or 4929.27 of the Revised	59537
Code as an aggregator for the provision of competitive retail	59538
natural gas service;	59539

(2) A municipal corporation acting exclusively under Section	59540
4 of Article XVIII, Ohio Constitution, as an aggregator for the	59541
provision of competitive retail natural gas service.	59542

(L)(1) "Mercantile customer" means a customer that consumes,	59543
other than for residential use, more than five hundred thousand	59544
cubic feet of natural gas per year at a single location within	59545
this state or consumes natural gas, other than for residential	59546
use, as part of an undertaking having more than three locations	59547
within or outside of this state. "Mercantile customer" excludes a	59548
customer for which a declaration under division (L)(2) of this	59549
section is in effect pursuant to that division.	59550

(2) A not-for-profit customer that consumes, other than for	59551
residential use, more than five hundred thousand cubic feet of	59552
natural gas per year at a single location within this state or	59553
consumes natural gas, other than for residential use, as part of	59554
an undertaking having more than three locations within or outside	59555
this state may file a declaration under division (L)(2) of this	59556
section with the public utilities commission. The declaration	59557
shall take effect upon the date of filing, and by virtue of the	59558
declaration, the customer is not a mercantile customer for the	59559
purposes of this section and sections 4929.20 to 4929.29 of the	59560
Revised Code or the purposes of a governmental natural gas	59561
aggregation or arrangement or other contract entered into after	59562
the declaration's effective date for the supply or arranging of	59563
the supply of natural gas to the customer to a location within	59564
this state. The customer may file a rescission of the declaration	59565
with the commission at any time. The rescission shall not affect	59566
any governmental natural gas aggregation or arrangement or other	59567
contract entered into by the customer prior to the date of the	59568
filing of the rescission and shall have effect only with respect	59569
to any subsequent such aggregation or arrangement or other	59570
contract. The commission shall prescribe rules under section	59571
4929.10 of the Revised Code specifying the form of the declaration	59572
or a rescission and procedures by which a declaration or	59573
rescission may be filed.	59574

(M) "Retail natural gas service" means commodity sales	59575
service, ancillary service, natural gas aggregation service,	59576
natural gas marketing service, or natural gas brokerage service.	59577

(N) "Retail natural gas supplier" means any person, as	59578
defined in section 1.59 of the Revised Code, that is engaged on a	59579
for-profit or not-for-profit basis in the business of supplying or	59580
arranging for the supply of a competitive retail natural gas	59581
service to consumers in this state that are not mercantile	59582
customers. "Retail natural gas supplier" includes a marketer,	59583
broker, or aggregator, but excludes a natural gas company, a	59584
governmental aggregator as defined in division (K)(1) or (2) of	59585
this section, an entity described in division ~~(B)~~(A)(2) or ~~(C)~~(3)	59586
of section 4905.02 of the Revised Code, or a billing or collection	59587
agent, and excludes a producer or gatherer of gas to the extent	59588
such producer or gatherer is not a natural gas company under	59589
section 4905.03 of the Revised Code.	59590

(O) "Revenue decoupling mechanism" means a rate design or	59591
other cost recovery mechanism that provides recovery of the fixed	59592
costs of service and a fair and reasonable rate of return,	59593
irrespective of system throughput or volumetric sales.	59594

Sec. 4929.02. (A) It is the policy of this state to,	59595
throughout this state:	59596

(1) Promote the availability to consumers of adequate,	59597
reliable, and reasonably priced natural gas services and goods;	59598

(2) Promote the availability of unbundled and comparable	59599
natural gas services and goods that provide wholesale and retail	59600
consumers with the supplier, price, terms, conditions, and quality	59601
options they elect to meet their respective needs;	59602

(3) Promote diversity of natural gas supplies and suppliers,	59603
by giving consumers effective choices over the selection of those	59604
supplies and suppliers;	59605

(4) Encourage innovation and market access for cost-effective	59606
supply- and demand-side natural gas services and goods;	59607

(5) Encourage cost-effective and efficient access to	59608
information regarding the operation of the distribution systems of	59609
natural gas companies in order to promote effective customer	59610
choice of natural gas services and goods;	59611

(6) Recognize the continuing emergence of competitive natural	59612
gas markets through the development and implementation of flexible	59613
regulatory treatment;	59614

(7) Promote an expeditious transition to the provision of	59615
natural gas services and goods in a manner that achieves effective	59616
competition and transactions between willing buyers and willing	59617
sellers to reduce or eliminate the need for regulation of natural	59618
gas services and goods under Chapters 4905. and 4909. of the	59619
Revised Code;	59620

(8) Promote effective competition in the provision of natural	59621
gas services and goods by avoiding subsidies flowing to or from	59622
regulated natural gas services and goods;	59623

(9) Ensure that the risks and rewards of a natural gas	59624
company's offering of nonjurisdictional and exempt services and	59625
goods do not affect the rates, prices, terms, or conditions of	59626
nonexempt, regulated services and goods of a natural gas company	59627
and do not affect the financial capability of a natural gas	59628
company to comply with the policy of this state specified in this	59629
section;	59630

(10) Facilitate the state's competitiveness in the global	59631
economy;	59632

(11) Facilitate additional choices for the supply of natural	59633
gas for residential consumers, including aggregation;	59634

(12) Promote an alignment of natural gas company interests	59635
with consumer interest in energy efficiency and energy	59636
conservation.	59637

(B) The public utilities commission and the office of the	59638
consumers' counsel shall follow the policy specified in this	59639
section in exercising their respective authorities relative to	59640
sections 4929.03 to 4929.30 of the Revised Code.	59641

(C) Nothing in Chapter 4929. of the Revised Code shall be	59642
construed to alter the public utilities commission's construction	59643
or application of division ~~(A)(5)~~(E) of section 4905.03 of the	59644
Revised Code.	59645

Sec. 4929.041. (A) As used in this section, "regulatory	59646
exemption" means an exemption from all provisions of Chapter 4905.	59647
of the Revised Code with the exception of sections 4905.10,	59648
4905.35, and 4905.90 to 4905.96 of the Revised Code, Chapters	59649
4909., 4933., and 4935. of the Revised Code, with the exception of	59650
section 4935.03 of the Revised Code, and from any rule or order	59651
issued under the exempted provisions of those chapters.	59652

(B) The public utilities commission, upon ~~the~~an application	59653
offiled under section 4909.18 of the Revised Code by a natural	59654
gas company in substantial compliance with the policy specified in	59655
section 4929.02 of the Revised Code, shall ~~exempt~~grant a	59656
regulatory exemption, by order, ~~any investment~~for either or both	59657
of the following:	59658

(1) Any investments in ~~gathering lines or~~ storage or	59659
gathering facilities placed into service on or after January 1,	59660
2010, and also any service of the natural gas company related to	59661
those ~~gathering lines or storage~~ facilities ~~from all provisions~~	59662
~~of Chapter 4905. of the Revised Code with the exception of~~	59663
~~sections 4905.10, 4905.35, and 4905.90 to 4905.96 of the Revised~~	59664
~~Code, Chapters 4909., 4933., and 4935. of the Revised Code, with~~	59665
~~the exception of section 4935.03 of the Revised Code, and from any~~	59666
~~rule or order issued under the exempted provisions of those~~	59667
~~chapters~~;	59668

(2) Any investments in gathering facilities placed into	59669
service before January 1, 2010, and also any service of the	59670
natural gas company related to those facilities.	59671

(C)(1) A natural gas company requesting a regulatory	59672
exemption under division (B)(2) of this section shall identify in	59673
the application both of the following:	59674

(a) The valuation of the investments to be exempted, as	59675
determined under division (A)(1) of section 4909.15 of the Revised	59676
Code, in the rate case proceeding that established the company's	59677
rates in effect at the time of the filing of the application	59678
requesting the regulatory exemption;	59679

(b) The valuation of all nonexempt investments placed into	59680
service after the date certain used in the rate case proceeding	59681
described in division (C)(1)(a) of this section, excluding	59682
investments for which deferral or recovery is authorized under	59683
section 4909.18, 4929.05, or 4929.111 of the Revised Code.	59684

(2) The commission shall compare the valuations identified in	59685
divisions (C)(1)(a) and (b) of this section.	59686

(a) If the valuation identified in division (C)(1)(a) of this	59687
section exceeds the valuation identified in division (C)(1)(b) of	59688
this section, the commission shall, in addition to the adjustments	59689
needed to implement the regulatory exemption, reduce the gross	59690
annual revenues to which the utility is entitled under division	59691
(B) of section 4909.15 of the Revised Code by applying the rate of	59692
return, as determined under division (A)(2) of section 4909.15 of	59693
the Revised Code in the rate case proceeding in which the	59694
regulatory exemption is being sought, to the difference in the two	59695
valuations.	59696

(b) If the valuation identified in division (C)(1)(a) of this	59697
section does not exceed the valuation identified in division	59698
(C)(1)(b) of this section, the commission shall make no	59699
adjustments beyond those needed to implement the regulatory	59700
exemption.	59701

~~(B)~~(D)(1) Subject to division ~~(C)~~(E) of this section, a	59702
natural gas company subject to ana regulatory exemption ~~order~~	59703
~~issued under division (A) of this section~~ shall, to the maximum	59704
extent practicable, keep separate the company's operations,	59705
resources, and employees, and the associated books and records,	59706
involved in the provision or marketing of a company-provided	59707
service related to an investment exempted under the regulatory	59708
exemption ~~order~~ from the operations, resources, and employees, and	59709
the associated books and records, involved in the provision or	59710
marketing of any company-provided service not exempted under the	59711
regulatory exemption ~~order~~ or any other section of the Revised	59712
Code.	59713

(2) An order granting regulatory exemption ~~order issued under~~	59714
~~division (A) of this section~~ shall prescribe a functional	59715
separation plan for compliance with division ~~(B)~~(D)(1) of this	59716
section.	59717

~~(C)~~(E)(1) No natural gas company subject to ana regulatory	59718
exemption ~~order issued under division (A) of this section~~ may use	59719
the company's storage ~~facilities and~~or gathering ~~lines~~	59720
facilities associated with the regulatory exemption ~~order~~ to	59721
provide a commodity sales service that is unregulated or subject	59722
to an exemption order issued under section 4929.04 of the Revised	59723
Code.	59724

(2) Upon application to the commission by a natural gas	59725
company and upon a finding of good cause shown, the commission	59726
may, by order, waive the prohibition described in division	59727
~~(C)~~(E)(1) of this section. The natural gas company shall bear the	59728
burden of proof that the waiver is just and reasonable, which	59729
shall constitute good cause.	59730

~~(D)~~(F) The commission shall have continuous jurisdiction to	59731
enforce any terms that it imposes in ana regulatory exemption	59732
~~order issued under division (A) of this section~~. Whenever the	59733
commission is of the opinion, after hearing had upon complaint or	59734
upon its own initiative or complaint, served as provided in	59735
section 4905.26 of the Revised Code, that ana regulatory	59736
exemption ~~order issued under division (A) of this section~~ has	59737
adversely affected the quality, adequacy, or sufficiency of	59738
service provided by the company subject to the regulatory	59739
exemption ~~order~~, the commission may alter, amend, or suspend the	59740
regulatory exemption ~~order~~.	59741

Sec. 4933.18. (A) In a prosecution for a theft offense, as	59742
defined in section 2913.01 of the Revised Code, that involves	59743
alleged tampering with a gas, electric, steam, or water meter,	59744
conduit, or attachment of a utility that has been disconnected by	59745
the utility, proof that a meter, conduit, or attachment of a	59746
utility has been tampered with is prima-facie evidence that the	59747
person who is obligated to pay for the service rendered through	59748
the meter, conduit, or attachment and is in possession or control	59749
of the meter, conduit, or attachment at the time the tampering	59750
occurred has caused the tampering with intent to commit a theft	59751
offense.	59752

In a prosecution for a theft offense, as defined in section	59753
2913.01 of the Revised Code, that involves the alleged	59754
reconnection of a gas, electric, steam, or water meter, conduit,	59755
or attachment of a utility that has been disconnected by the	59756
utility, proof that a meter, conduit, or attachment disconnected	59757
by a utility has been reconnected without the consent of the	59758
utility is prima-facie evidence that the person in possession or	59759
control of the meter, conduit, or attachment at the time of the	59760
reconnection has reconnected the meter, conduit, or attachment	59761
with intent to commit a theft offense.	59762

(B) As used in this section:

59763

(1) "Utility" means any electric light company, gas company,	59764
natural gas company, pipe-line company, water-works company, or	59765
heating or cooling company, as defined by division ~~(A)(3), (4),~~	59766
~~(5), (6), (7)~~(C), (D), (E), (F), (G), or ~~(8)~~(H) of section 4905.03	59767
of the Revised Code, its lessees, trustees, or receivers, or any	59768
similar utility owned or operated by a political subdivision.	59769

(2) "Tamper" means to interfere with, damage, or by-pass a	59770
utility meter, conduit, or attachment with the intent to impede	59771
the correct registration of a meter or the proper functions of a	59772
conduit or attachment so as to reduce the amount of utility	59773
service that is registered on the meter.	59774

Sec. 4933.19. Each electric light company, gas company,	59775
natural gas company, pipe-line company, water-works company, or	59776
heating or cooling company, as defined by division ~~(A)(3), (4),~~	59777
~~(5), (6), (7),~~(C), (D), (E), (F), (G), or ~~(8)~~(H) of section	59778
4905.03 of the Revised Code, or its lessees, trustees, or	59779
receivers, and each similar utility owned or operated by a	59780
political subdivision shall notify its customers, on an annual	59781
basis, that tampering with or bypassing a meter constitutes a	59782
theft offense that could result in the imposition of criminal	59783
sanctions.	59784

Sec. 4939.01. As used in sections 4939.01 to 4939.08 of the	59785
Revised Code:	59786

(A) "Cable operator," "cable service," and "franchise" have	59787
the same meanings as in the "Cable Communications Policy Act of	59788
1984," 98 Stat. 2779, 47 U.S.C.A. 522.	59789

(B) "Occupy or use" means, with respect to a public way, to	59790
place a tangible thing in a public way for any purpose, including,	59791
but not limited to, constructing, repairing, positioning,	59792
maintaining, or operating lines, poles, pipes, conduits, ducts,	59793
equipment, or other structures, appurtenances, or facilities	59794
necessary for the delivery of public utility services or any	59795
services provided by a cable operator.	59796

(C) "Person" means any natural person, corporation, or	59797
partnership and also includes any governmental entity.	59798

(D) "Public utility" means any company described in section	59799
4905.03 of the Revised Code except in divisions ~~(A)(2)~~(B) and	59800
~~(9)~~(I) of that section, which company also is a public utility as	59801
defined in section 4905.02 of the Revised Code; and includes any	59802
electric supplier as defined in section 4933.81 of the Revised	59803
Code.	59804

(E) "Public way" means the surface of, and the space within,	59805
through, on, across, above, or below, any public street, public	59806
road, public highway, public freeway, public lane, public path,	59807
public alley, public court, public sidewalk, public boulevard,	59808
public parkway, public drive, and any other land dedicated or	59809
otherwise designated for a compatible public use, which, on or	59810
after ~~the effective date of this section~~July 2, 2002, is owned or	59811
controlled by a municipal corporation. "Public way" excludes a	59812
private easement.	59813

(F) "Public way fee" means a fee levied to recover the costs	59814
incurred by a municipal corporation and associated with the	59815
occupancy or use of a public way.	59816

Sec. 4953.04. No union terminal company or corporation shall	59817
engage in the business of a for-hire motor ~~transportation service~~	59818
carrier, as defined in ~~sections 4905.03, 4921.02, and 4923.02~~	59819
4921.01 of the Revised Code, over any public highway in this	59820
state, without obtaining authority from the public utilities	59821
commission, and complying with all laws governing every	59822
corporation or company when engaged or proposing to engage in ~~such~~	59823
the business of a for-hire motor ~~transportation service~~carrier.	59824

Sec. 4961.03. Any railroad company owning or operating a	59825
railroad in this state may own, control, operate, or manage motor	59826
vehicles for the purpose of transporting persons or property, or	59827
both, upon the public highways for hire, subject to ~~sections~~	59828
~~4921.02 to 4921.32, inclusive,~~Chapters 4921. and 4923. of the	59829
Revised Code. Any railroad company may also own and operate	59830
equipment for and engage in the business of aerial transportation.	59831
Any railroad company may acquire, own, and hold capital stock and	59832
securities of corporations organized for or engaged in the	59833
businesses authorized in this section and may operate the	59834
properties, or any part thereof, of such corporations, and may	59835
enter into working arrangements and agreements with such	59836
corporations.	59837

Sec. 4965.54. Any common carrier, railroad, or	59838
~~transportation company~~motor carrier receiving property at a point	59839
within this state for transportation to a point within this state,	59840
shall issue a receipt or bill of lading for such property and is	59841
liable to the lawful holder of it for any loss, damage, or injury	59842
to such property caused by it or by any common carrier, railroad,	59843
or transportation company to which such property is delivered or	59844
over whose line such property passes. No contract, receipt, rule,	59845
or regulation shall exempt such common carrier, railroad, or	59846
~~transportation company~~motor carrier from the liability imposed by	59847
this section. This section does not deprive any holder of such	59848
receipt or bill of lading of any remedy or right of action which	59849
hethe holder has under existing law.	59850

The common carrier, railroad, or ~~transportation company~~motor	59851
carrier issuing such receipt or bill of lading may recover from	59852
the common carrier, railroad, or ~~transportation company~~motor	59853
carrier on whose line the loss, damage, or injury was sustained	59854
the amount of such loss, damage, or injury it is required to pay	59855
the owners of such property as is evidenced by any receipt,	59856
judgment, or transcript thereof.	59857

As used in this section, "motor carrier" has the same meaning	59858
as in section 4923.01 of the Revised Code.	59859

Sec. 5101.01. (A) As used in the Revised Code, the	59860
"department of public welfare" and the "department of human	59861
services" mean the department of job and family services and the	59862
"director of public welfare" and the "director of human services"	59863
mean the director of job and family services. Whenever the	59864
department or director of public welfare or the department or	59865
director of human services is referred to or designated in any	59866
statute, rule, contract, grant, or other document, the reference	59867
or designation shall be deemed to refer to the department or	59868
director of job and family services, as the case may be.	59869

(B) As used in this chapter ~~of the Revised Code~~:

59870

(1) References ~~to counties or~~ to a county ~~departments~~	59871
department of job and family services include ~~the~~a joint county	59872
department of job and family services established under section	59873
329.40 of the Revised Code.	59874

(2) References to ~~boards~~a board of county commissioners	59875
include ~~boards~~the board of directors of ~~the~~a joint county	59876
department of job and family services established under section	59877
329.40 of the Revised Code.	59878

Sec. 5101.46. (A) As used in this section:

59879

(1) "Title XX" means Title XX of the "Social Security Act,"	59880
88 Stat. 2337 (1974), 42 U.S.C.A. 1397, as amended.	59881

(2) "Respective local agency" means, with respect to the	59882
department of job and family services, a county department of job	59883
and family services; with respect to the department of mental	59884
health, a board of alcohol, drug addiction, and mental health	59885
services; and with respect to the department of developmental	59886
disabilities, a county board of developmental disabilities.	59887

(3) "Federal poverty guidelines" means the poverty guidelines	59888
as revised annually by the United States department of health and	59889
human services in accordance with section 673(2) of the "Omnibus	59890
Budget Reconciliation Act of 1981," 95 Stat. 511, 42 U.S.C.A.	59891
9902, as amended, for a family size equal to the size of the	59892
family of the person whose income is being determined.	59893

(B) The departments of job and family services, mental	59894
health, and developmental disabilities, with their respective	59895
local agencies, shall administer the provision of social services	59896
funded through grants made under Title XX. The social services	59897
furnished with Title XX funds shall be directed at the following	59898
goals:	59899

(1) Achieving or maintaining economic self-support to	59900
prevent, reduce, or eliminate dependency;	59901

(2) Achieving or maintaining self-sufficiency, including	59902
reduction or prevention of dependency;	59903

(3) Preventing or remedying neglect, abuse, or exploitation	59904
of children and adults unable to protect their own interests, or	59905
preserving, rehabilitating, or reuniting families;	59906

(4) Preventing or reducing inappropriate institutional care	59907
by providing for community-based care, home-based care, or other	59908
forms of less intensive care;	59909

(5) Securing referral or admission for institutional care	59910
when other forms of care are not appropriate, or providing	59911
services to individuals in institutions.	59912

(C)(1) All federal funds received under Title XX shall be	59913
appropriated as follows:	59914

(a) Seventy-two and one-half per cent to the department of	59915
job and family services;	59916

(b) Twelve and ninety-three ~~one-hundreths~~one-hundredths per	59917
cent to the department of mental health;	59918

(c) Fourteen and fifty-seven ~~one-hundreths~~one-hundredths per	59919
cent to the department of developmental disabilities.	59920

(2) Each of the state departments shall, subject to the	59921
approval of the controlling board, develop a formula for the	59922
distribution of the Title XX funds appropriated to the department	59923
to its respective local agencies. The formula developed by each	59924
state department shall take into account all of the following for	59925
each of its respective local agencies:	59926

(a) The total population of the area that is served by the	59927
respective local agency;	59928

(b) The percentage of the population in the area served that	59929
falls below the federal poverty guidelines;	59930

(c) The respective local agency's history of and ability to	59931
utilize Title XX funds.	59932

(3) Each of the state departments shall expend for state	59933
administrative costs not more than three per cent of the Title XX	59934
funds appropriated to the department.	59935

Each state department shall establish for each of its	59936
respective local agencies the maximum percentage of the Title XX	59937
funds distributed to the respective local agency that the	59938
respective local agency may expend for local administrative costs.	59939
The percentage shall be established by rule and shall comply with	59940
federal law governing the use of Title XX funds. The rules shall	59941
be adopted in accordance with section 111.15 of the Revised Code	59942
as if they were internal management rules.	59943

(4) The department of job and family services shall expend	59944
for the training of the following not more than two per cent of	59945
the Title XX funds appropriated to the department:	59946

(a) Employees of county departments of job and family	59947
services;	59948

(b) Providers of services under contract with the state	59949
departments' respective local agencies;	59950

(c) Employees of a public children services agency directly	59951
engaged in providing Title XX services.	59952

(D) The department of job and family services shall prepare a	59953
~~biennial~~an annual comprehensive Title XX social services plan on	59954
the intended use of Title XX funds. The department shall develop a	59955
method for obtaining public comment during the development of the	59956
plan and following its completion.	59957

For each ~~state~~federal fiscal year, the department of job and	59958
family services shall prepare a report on the actual use of Title	59959
XX funds. The department shall make the annual report available	59960
for public inspection.	59961

The departments of mental health and developmental	59962
disabilities shall prepare and submit to the department of job and	59963
family services the portions of each ~~biennial~~annual plan and	59964
~~annual~~ report that apply to services for mental health and mental	59965
retardation and developmental disabilities. Each respective local	59966
agency of the three state departments shall submit information as	59967
necessary for the preparation of ~~biennial~~annual plans and ~~annual~~	59968
reports.	59969

(E) Each county department of job and family services shall	59970
adopt a county profile for the administration and provision of	59971
Title XX social services in the county. In developing its county	59972
profile, the county department shall take into consideration the	59973
comments and recommendations received from the public by the	59974
county family services planning committee pursuant to section	59975
329.06 of the Revised Code. As part of its preparation of the	59976
county profile, the county department may prepare a local needs	59977
report analyzing the need for Title XX social services.	59978

The county department shall submit the county profile to the	59979
board of county commissioners for its review. Once the county	59980
profile has been approved by the board, the county department	59981
shall file a copy of the county profile with the department of job	59982
and family services. The department shall approve the county	59983
profile if the department determines the profile provides for the	59984
Title XX social services to meet the goals specified in division	59985
(B) of this section.	59986

(F) Any of the three state departments and their respective	59987
local agencies may require that an entity under contract to	59988
provide social services with Title XX funds submit to an audit on	59989
the basis of alleged misuse or improper accounting of funds. If an	59990
audit is required, the social services provider shall reimburse	59991
the state department or respective local agency for the cost it	59992
incurred in conducting the audit or having the audit conducted.	59993

If an audit demonstrates that a social services provider is	59994
responsible for one or more adverse findings, the provider shall	59995
reimburse the appropriate state department or its respective local	59996
agency the amount of the adverse findings. The amount shall not be	59997
reimbursed with Title XX funds received under this section. The	59998
three state departments and their respective local agencies may	59999
terminate or refuse to enter into a Title XX contract with a	60000
social services provider if there are adverse findings in an audit	60001
that are the responsibility of the provider.	60002

(G) Except with respect to the matters for which each of the	60003
state departments must adopt rules under division (C)(3) of this	60004
section, the department of job and family services may adopt any	60005
rules it considers necessary to implement and carry out the	60006
purposes of this section. Rules governing financial and	60007
operational matters of the department or matters between the	60008
department and county departments of job and family services shall	60009
be adopted as internal management rules in accordance with section	60010
111.15 of the Revised Code. Rules governing eligibility for	60011
services, program participation, and other matters pertaining to	60012
applicants and participants shall be adopted in accordance with	60013
Chapter 119. of the Revised Code.	60014

Sec. 5101.60. As used in sections 5101.60 to 5101.71 of the	60015
Revised Code:	60016

(A) "Abuse" means the infliction upon an adult by self or	60017
others of injury, unreasonable confinement, intimidation, or cruel	60018
punishment with resulting physical harm, pain, or mental anguish.	60019

(B) "Adult" means any person sixty years of age or older	60020
within this state who is handicapped by the infirmities of aging	60021
or who has a physical or mental impairment which prevents the	60022
person from providing for the person's own care or protection, and	60023
who resides in an independent living arrangement. An "independent	60024
living arrangement" is a domicile of a person's own choosing,	60025
including, but not limited to, a private home, apartment, trailer,	60026
or rooming house. An "independent living arrangement" includes an	60027
~~adult care~~a residential facility licensed ~~pursuant to Chapter~~	60028
~~5119.~~under section 5119.22 of the Revised Code that provides	60029
accommodations, supervision, and personal care services for three	60030
to sixteen unrelated adults, but does not include other	60031
institutions or facilities licensed by the state or facilities in	60032
which a person resides as a result of voluntary, civil, or	60033
criminal commitment.	60034

(C) "Caretaker" means the person assuming the responsibility	60035
for the care of an adult on a voluntary basis, by contract,	60036
through receipt of payment for care, as a result of a family	60037
relationship, or by order of a court of competent jurisdiction.	60038

(D) "Court" means the probate court in the county where an	60039
adult resides.	60040

(E) "Emergency" means that the adult is living in conditions	60041
which present a substantial risk of immediate and irreparable	60042
physical harm or death to self or any other person.	60043

(F) "Emergency services" means protective services furnished	60044
to an adult in an emergency.	60045

(G) "Exploitation" means the unlawful or improper act of a	60046
caretaker using an adult or an adult's resources for monetary or	60047
personal benefit, profit, or gain.	60048

(H) "In need of protective services" means an adult known or	60049
suspected to be suffering from abuse, neglect, or exploitation to	60050
an extent that either life is endangered or physical harm, mental	60051
anguish, or mental illness results or is likely to result.	60052

(I) "Incapacitated person" means a person who is impaired for	60053
any reason to the extent that the person lacks sufficient	60054
understanding or capacity to make and carry out reasonable	60055
decisions concerning the person's self or resources, with or	60056
without the assistance of a caretaker. Refusal to consent to the	60057
provision of services shall not be the sole determinative that the	60058
person is incapacitated. "Reasonable decisions" are decisions made	60059
in daily living which facilitate the provision of food, shelter,	60060
clothing, and health care necessary for life support.	60061

(J) "Mental illness" means a substantial disorder of thought,	60062
mood, perception, orientation, or memory that grossly impairs	60063
judgment, behavior, capacity to recognize reality, or ability to	60064
meet the ordinary demands of life.	60065

(K) "Neglect" means the failure of an adult to provide for	60066
self the goods or services necessary to avoid physical harm,	60067
mental anguish, or mental illness or the failure of a caretaker to	60068
provide such goods or services.	60069

(L) "Peace officer" means a peace officer as defined in	60070
section 2935.01 of the Revised Code.	60071

(M) "Physical harm" means bodily pain, injury, impairment, or	60072
disease suffered by an adult.	60073

(N) "Protective services" means services provided by the	60074
county department of job and family services or its designated	60075
agency to an adult who has been determined by evaluation to	60076
require such services for the prevention, correction, or	60077
discontinuance of an act of as well as conditions resulting from	60078
abuse, neglect, or exploitation. Protective services may include,	60079
but are not limited to, case work services, medical care, mental	60080
health services, legal services, fiscal management, home health	60081
care, homemaker services, housing-related services, guardianship	60082
services, and placement services as well as the provision of such	60083
commodities as food, clothing, and shelter.	60084

(O) "Working day" means Monday, Tuesday, Wednesday, Thursday,	60085
and Friday, except when such day is a holiday as defined in	60086
section 1.14 of the Revised Code.	60087

Sec. 5101.61. (A) As used in this section:

60088

(1) "Senior service provider" means any person who provides	60089
care or services to a person who is an adult as defined in	60090
division (B) of section 5101.60 of the Revised Code.	60091

(2) "Ambulatory health facility" means a nonprofit, public or	60092
proprietary freestanding organization or a unit of such an agency	60093
or organization that:	60094

(a) Provides preventive, diagnostic, therapeutic,	60095
rehabilitative, or palliative items or services furnished to an	60096
outpatient or ambulatory patient, by or under the direction of a	60097
physician or dentist in a facility which is not a part of a	60098
hospital, but which is organized and operated to provide medical	60099
care to outpatients;	60100

(b) Has health and medical care policies which are developed	60101
with the advice of, and with the provision of review of such	60102
policies, an advisory committee of professional personnel,	60103
including one or more physicians, one or more dentists, if dental	60104
care is provided, and one or more registered nurses;	60105

(c) Has a medical director, a dental director, if dental care	60106
is provided, and a nursing director responsible for the execution	60107
of such policies, and has physicians, dentists, nursing, and	60108
ancillary staff appropriate to the scope of services provided;	60109

(d) Requires that the health care and medical care of every	60110
patient be under the supervision of a physician, provides for	60111
medical care in a case of emergency, has in effect a written	60112
agreement with one or more hospitals and other centers or clinics,	60113
and has an established patient referral system to other resources,	60114
and a utilization review plan and program;	60115

(e) Maintains clinical records on all patients;

60116

(f) Provides nursing services and other therapeutic services	60117
in accordance with programs and policies, with such services	60118
supervised by a registered professional nurse, and has a	60119
registered professional nurse on duty at all times of clinical	60120
operations;	60121

(g) Provides approved methods and procedures for the	60122
dispensing and administration of drugs and biologicals;	60123

(h) Has established an accounting and record keeping system	60124
to determine reasonable and allowable costs;	60125

(i) "Ambulatory health facilities" also includes an	60126
alcoholism treatment facility approved by the joint commission on	60127
accreditation of healthcare organizations as an alcoholism	60128
treatment facility or certified by the department of alcohol and	60129
drug addiction services, and such facility shall comply with other	60130
provisions of this division not inconsistent with such	60131
accreditation or certification.	60132

(3) "Community mental health facility" means a facility which	60133
provides community mental health services and is included in the	60134
comprehensive mental health plan for the alcohol, drug addiction,	60135
and mental health service district in which it is located.	60136

(4) "Community mental health service" means services, other	60137
than inpatient services, provided by a community mental health	60138
facility.	60139

(5) "Home health agency" means an institution or a distinct	60140
part of an institution operated in this state which:	60141

(a) Is primarily engaged in providing home health services;

60142

(b) Has home health policies which are established by a group	60143
of professional personnel, including one or more duly licensed	60144
doctors of medicine or osteopathy and one or more registered	60145
professional nurses, to govern the home health services it	60146
provides and which includes a requirement that every patient must	60147
be under the care of a duly licensed doctor of medicine or	60148
osteopathy;	60149

(c) Is under the supervision of a duly licensed doctor of	60150
medicine or doctor of osteopathy or a registered professional	60151
nurse who is responsible for the execution of such home health	60152
policies;	60153

(d) Maintains comprehensive records on all patients;

60154

(e) Is operated by the state, a political subdivision, or an	60155
agency of either, or is operated not for profit in this state and	60156
is licensed or registered, if required, pursuant to law by the	60157
appropriate department of the state, county, or municipality in	60158
which it furnishes services; or is operated for profit in this	60159
state, meets all the requirements specified in divisions (A)(5)(a)	60160
to (d) of this section, and is certified under Title XVIII of the	60161
"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as	60162
amended.	60163

(6) "Home health service" means the following items and	60164
services, provided, except as provided in division (A)(6)(g) of	60165
this section, on a visiting basis in a place of residence used as	60166
the patient's home:	60167

(a) Nursing care provided by or under the supervision of a	60168
registered professional nurse;	60169

(b) Physical, occupational, or speech therapy ordered by the	60170
patient's attending physician;	60171

(c) Medical social services performed by or under the	60172
supervision of a qualified medical or psychiatric social worker	60173
and under the direction of the patient's attending physician;	60174

(d) Personal health care of the patient performed by aides in	60175
accordance with the orders of a doctor of medicine or osteopathy	60176
and under the supervision of a registered professional nurse;	60177

(e) Medical supplies and the use of medical appliances;

60178

(f) Medical services of interns and residents-in-training	60179
under an approved teaching program of a nonprofit hospital and	60180
under the direction and supervision of the patient's attending	60181
physician;	60182

(g) Any of the foregoing items and services which:

60183

(i) Are provided on an outpatient basis under arrangements	60184
made by the home health agency at a hospital or skilled nursing	60185
facility;	60186

(ii) Involve the use of equipment of such a nature that the	60187
items and services cannot readily be made available to the patient	60188
in the patient's place of residence, or which are furnished at the	60189
hospital or skilled nursing facility while the patient is there to	60190
receive any item or service involving the use of such equipment.	60191

Any attorney, physician, osteopath, podiatrist, chiropractor,	60192
dentist, psychologist, any employee of a hospital as defined in	60193
section 3701.01 of the Revised Code, any nurse licensed under	60194
Chapter 4723. of the Revised Code, any employee of an ambulatory	60195
health facility, any employee of a home health agency, any	60196
employee of ~~an adult care~~a residential facility ~~as defined in~~	60197
licensed under section ~~5119.70~~5119.22 of the Revised Code that	60198
provides accommodations, supervision, and personal care services	60199
for three to sixteen unrelated adults, any employee of a nursing	60200
home, residential care facility, or home for the aging, as defined	60201
in section 3721.01 of the Revised Code, any senior service	60202
provider, any peace officer, coroner, ~~clergyman~~member of the	60203
clergy, any employee of a community mental health facility, and	60204
any person engaged in social work or counseling having reasonable	60205
cause to believe that an adult is being abused, neglected, or	60206
exploited, or is in a condition which is the result of abuse,	60207
neglect, or exploitation shall immediately report such belief to	60208
the county department of job and family services. This section	60209
does not apply to employees of any hospital or public hospital as	60210
defined in section 5122.01 of the Revised Code.	60211

(B) Any person having reasonable cause to believe that an	60212
adult has suffered abuse, neglect, or exploitation may report, or	60213
cause reports to be made of such belief to the department.	60214

(C) The reports made under this section shall be made orally	60215
or in writing except that oral reports shall be followed by a	60216
written report if a written report is requested by the department.	60217
Written reports shall include:	60218

(1) The name, address, and approximate age of the adult who	60219
is the subject of the report;	60220

(2) The name and address of the individual responsible for	60221
the adult's care, if any individual is, and if the individual is	60222
known;	60223

(3) The nature and extent of the alleged abuse, neglect, or	60224
exploitation of the adult;	60225

(4) The basis of the reporter's belief that the adult has	60226
been abused, neglected, or exploited.	60227

(D) Any person with reasonable cause to believe that an adult	60228
is suffering abuse, neglect, or exploitation who makes a report	60229
pursuant to this section or who testifies in any administrative or	60230
judicial proceeding arising from such a report, or any employee of	60231
the state or any of its subdivisions who is discharging	60232
responsibilities under section 5101.62 of the Revised Code shall	60233
be immune from civil or criminal liability on account of such	60234
investigation, report, or testimony, except liability for perjury,	60235
unless the person has acted in bad faith or with malicious	60236
purpose.	60237

(E) No employer or any other person with the authority to do	60238
so shall discharge, demote, transfer, prepare a negative work	60239
performance evaluation, or reduce benefits, pay, or work	60240
privileges, or take any other action detrimental to an employee or	60241
in any way retaliate against an employee as a result of the	60242
employee's having filed a report under this section.	60243

(F) Neither the written or oral report provided for in this	60244
section nor the investigatory report provided for in section	60245
5101.62 of the Revised Code shall be considered a public record as	60246
defined in section 149.43 of the Revised Code. Information	60247
contained in the report shall upon request be made available to	60248
the adult who is the subject of the report, to agencies authorized	60249
by the department to receive information contained in the report,	60250
and to legal counsel for the adult.	60251

Sec. 5101.97. (A)(1) Not later than the last day of each	60252
January, April, July, and ~~January~~October, the department of job	60253
and family services shall complete a report on the characteristics	60254
of the individuals who participate in or receive services through	60255
the programs operated by the department and the outcomes of the	60256
individuals' participation in or receipt of services through the	60257
programs. The reports shall be for the ~~six-month~~three-month	60258
periods ending on the last days of March, June, September, and	60259
December and shall include information on the following:	60260

(a) Work activities, developmental activities, and	60261
alternative work activities established under sections 5107.40 to	60262
5107.69 of the Revised Code;	60263

(b) Programs of publicly funded child care, as defined in	60264
section 5104.01 of the Revised Code;	60265

60266

(d) Births to recipients of the ~~medical assistance~~medicaid	60267
program established under Chapter 5111. of the Revised Code.	60268

(2) The department shall submit the reports required under	60269
division (A)(1) of this section to the speaker and minority leader	60270
of the house of representatives, the president and minority leader	60271
of the senate, the legislative budget officer, the director of	60272
budget and management, and each board of county commissioners. The	60273
department shall provide copies of the reports to any person or	60274
government entity on request.	60275

In designing the format for the reports, the department shall	60276
consult with individuals, organizations, and government entities	60277
interested in the programs operated by the department, so that the	60278
reports are designed to enable the general assembly and the public	60279
to evaluate the effectiveness of the programs and identify any	60280
needs that the programs are not meeting.	60281

(B) Whenever the federal government requires that the	60282
department submit a report on a program that is operated by the	60283
department or is otherwise under the department's jurisdiction,	60284
the department shall prepare and submit the report in accordance	60285
with the federal requirements applicable to that report. To the	60286
extent possible, the department may coordinate the preparation and	60287
submission of a particular report with any other report, plan, or	60288
other document required to be submitted to the federal government,	60289
as well as with any report required to be submitted to the general	60290
assembly. The reports required by the Personal Responsibility and	60291
Work Opportunity Reconciliation Act of 1996 (P.L. 104-193) may be	60292
submitted as an annual summary.	60293

Sec. 5104.012. (A)(1) At the times specified in this	60294
division, the administrator of a child day-care center or a type A	60295
family day-care home shall request the superintendent of the	60296
bureau of criminal identification and investigation to conduct a	60297
criminal records check with respect to any applicant who has	60298
applied to the center or type A home for employment as a person	60299
responsible for the care, custody, or control of a child.	60300

The administrator shall request a criminal records check	60301
pursuant to this division at the time of the applicant's initial	60302
application for employment and every four years thereafter. When	60303
the administrator requests pursuant to this division a criminal	60304
records check for an applicant at the time of the applicant's	60305
initial application for employment, the administrator shall	60306
request that the superintendent obtain information from the	60307
federal bureau of investigation as a part of the criminal records	60308
check for the applicant, including fingerprint-based checks of	60309
national crime information databases as described in 42 U.S.C.	60310
671, for the person subject to the criminal records check. In all	60311
other cases in which the administrator requests a criminal records	60312
check for an applicant pursuant to this division, the	60313
administrator may request that the superintendent include	60314
information from the federal bureau of investigation in the	60315
criminal records check, including fingerprint-based checks of	60316
national crime information databases as described in 42 U.S.C.	60317
671.	60318

(2) A person required by division (A)(1) of this section to	60319
request a criminal records check shall provide to each applicant a	60320
copy of the form prescribed pursuant to division (C)(1) of section	60321
109.572 of the Revised Code, provide to each applicant a standard	60322
impression sheet to obtain fingerprint impressions prescribed	60323
pursuant to division (C)(2) of section 109.572 of the Revised	60324
Code, obtain the completed form and impression sheet from each	60325
applicant, and forward the completed form and impression sheet to	60326
the superintendent of the bureau of criminal identification and	60327
investigation at the time the person requests a criminal records	60328
check pursuant to division (A)(1) of this section. On and after	60329
August 14, 2008, the administrator of a child day-care center or a	60330
type A family day-care home shall review the results of the	60331
criminal records check before the applicant has sole	60332
responsibility for the care, custody, or control of any child.	60333

(3) An applicant who receives pursuant to division (A)(2) of	60334
this section a copy of the form prescribed pursuant to division	60335
(C)(1) of section 109.572 of the Revised Code and a copy of an	60336
impression sheet prescribed pursuant to division (C)(2) of that	60337
section and who is requested to complete the form and provide a	60338
set of fingerprint impressions shall complete the form or provide	60339
all the information necessary to complete the form and shall	60340
provide the impression sheet with the impressions of the	60341
applicant's fingerprints. If an applicant, upon request, fails to	60342
provide the information necessary to complete the form or fails to	60343
provide impressions of the applicant's fingerprints, the center or	60344
type A home shall not employ that applicant for any position for	60345
which a criminal records check is required by division (A)(1) of	60346
this section.	60347

(B)(1) Except as provided in rules adopted under division (E)	60348
of this section, no child day-care center or type A family	60349
day-care home shall employ or contract with another entity for the	60350
services of a person as a person responsible for the care,	60351
custody, or control of a child if the person previously has been	60352
convicted of or pleaded guilty to any of the violations described	60353
in division (A)~~(9)~~(6) of section 109.572 of the Revised Code.	60354

(2) A child day-care center or type A family day-care home	60355
may employ an applicant conditionally until the criminal records	60356
check required by this section is completed and the center or home	60357
receives the results of the criminal records check. If the results	60358
of the criminal records check indicate that, pursuant to division	60359
(B)(1) of this section, the applicant does not qualify for	60360
employment, the center or home shall release the applicant from	60361
employment.	60362

(C)(1) Each child day-care center and type A family day-care	60363
home shall pay to the bureau of criminal identification and	60364
investigation the fee prescribed pursuant to division (C)(3) of	60365
section 109.572 of the Revised Code for each criminal records	60366
check conducted in accordance with that section upon the request	60367
pursuant to division (A)(1) of this section of the administrator	60368
or provider of the center or home.	60369

(2) A child day-care center and type A family day-care home	60370
may charge an applicant a fee for the costs it incurs in obtaining	60371
a criminal records check under this section. A fee charged under	60372
this division shall not exceed the amount of fees the center or	60373
home pays under division (C)(1) of this section. If a fee is	60374
charged under this division, the center or home shall notify the	60375
applicant at the time of the applicant's initial application for	60376
employment of the amount of the fee and that, unless the fee is	60377
paid, the center or type A home will not consider the applicant	60378
for employment.	60379

(D) The report of any criminal records check conducted by the	60380
bureau of criminal identification and investigation in accordance	60381
with section 109.572 of the Revised Code and pursuant to a request	60382
under division (A)(1) of this section is not a public record for	60383
the purposes of section 149.43 of the Revised Code and shall not	60384
be made available to any person other than the applicant who is	60385
the subject of the criminal records check or the applicant's	60386
representative; the center or type A home requesting the criminal	60387
records check or its representative; the department of job and	60388
family services or a county department of job and family services;	60389
and any court, hearing officer, or other necessary individual	60390
involved in a case dealing with the denial of employment to the	60391
applicant.	60392

(E) The director of job and family services shall adopt rules	60393
pursuant to Chapter 119. of the Revised Code to implement this	60394
section, including rules specifying circumstances under which a	60395
center or home may hire a person who has been convicted of an	60396
offense listed in division (B)(1) of this section but who meets	60397
standards in regard to rehabilitation set by the department.	60398

(F) Any person required by division (A)(1) of this section to	60399
request a criminal records check shall inform each person, at the	60400
time of the person's initial application for employment, that the	60401
person is required to provide a set of impressions of the person's	60402
fingerprints and that a criminal records check is required to be	60403
conducted and satisfactorily completed in accordance with section	60404
109.572 of the Revised Code if the person comes under final	60405
consideration for appointment or employment as a precondition to	60406
employment for that position.	60407

(G) As used in this section:

60408

(1) "Applicant" means a person who is under final	60409
consideration for appointment to or employment in a position with	60410
a child day-care center or a type A family day-care home as a	60411
person responsible for the care, custody, or control of a child;	60412
an in-home aide certified pursuant to section 5104.12 of the	60413
Revised Code; or any person who would serve in any position with a	60414
child day-care center or a type A family day-care home as a person	60415
responsible for the care, custody, or control of a child pursuant	60416
to a contract with another entity.	60417

(2) "Criminal records check" has the same meaning as in	60418
section 109.572 of the Revised Code.	60419

Sec. 5104.013. (A)(1) At the times specified in division	60420
(A)(3) of this section, the director of job and family services,	60421
as part of the process of licensure of child day-care centers and	60422
type A family day-care homes, shall request the superintendent of	60423
the bureau of criminal identification and investigation to conduct	60424
a criminal records check with respect to the following persons:	60425

(a) Any owner, licensee, or administrator of a child day-care	60426
center;	60427

(b) Any owner, licensee, or administrator of a type A family	60428
day-care home and any person eighteen years of age or older who	60429
resides in a type A family day-care home.	60430

(2) At the times specified in division (A)(3) of this	60431
section, the director of a county department of job and family	60432
services, as part of the process of certification of type B family	60433
day-care homes, shall request the superintendent of the bureau of	60434
criminal identification and investigation to conduct a criminal	60435
records check with respect to any authorized provider of a	60436
certified type B family day-care home and any person eighteen	60437
years of age or older who resides in a certified type B family	60438
day-care home.	60439

(3) The director of job and family services shall request a	60440
criminal records check pursuant to division (A)(1) of this section	60441
at the time of the initial application for licensure and every	60442
four years thereafter. The director of a county department of job	60443
and family services shall request a criminal records check	60444
pursuant to division (A)(2) of this section at the time of the	60445
initial application for certification and every four years	60446
thereafter at the time of a certification renewal. When the	60447
director of job and family services or the director of a county	60448
department of job and family services requests pursuant to	60449
division (A)(1) or (2) of this section a criminal records check	60450
for a person at the time of the person's initial application for	60451
licensure or certification, the director shall request that the	60452
superintendent of the bureau of criminal identification and	60453
investigation obtain information from the federal bureau of	60454
investigation as a part of the criminal records check for the	60455
person, including fingerprint-based checks of national crime	60456
information databases as described in 42 U.S.C. 671 for the person	60457
subject to the criminal records check. In all other cases in which	60458
the director of job and family services or the director of a	60459
county department of job and family services requests a criminal	60460
records check for an applicant pursuant to division (A)(1) or (2)	60461
of this section, the director may request that the superintendent	60462
include information from the federal bureau of investigation in	60463
the criminal records check, including fingerprint-based checks of	60464
national crime information databases as described in 42 U.S.C.	60465
671.	60466

(4) The director of job and family services shall review the	60467
results of a criminal records check subsequent to a request made	60468
pursuant to divisions (A)(1) and (3) of this section prior to	60469
approval of a license. The director of a county department of job	60470
and family services shall review the results of a criminal records	60471
check subsequent to a request made pursuant to divisions (A)(2)	60472
and (3) of this section prior to approval of certification.	60473

(B) The director of job and family services or the director	60474
of a county department of job and family services shall provide to	60475
each person for whom a criminal records check is required under	60476
this section a copy of the form prescribed pursuant to division	60477
(C)(1) of section 109.572 of the Revised Code and a standard	60478
impression sheet to obtain fingerprint impressions prescribed	60479
pursuant to division (C)(2) of that section, obtain the completed	60480
form and impression sheet from that person, and forward the	60481
completed form and impression sheet to the superintendent of the	60482
bureau of criminal identification and investigation.	60483

(C) A person who receives pursuant to division (B) of this	60484
section a copy of the form and standard impression sheet described	60485
in that division and who is requested to complete the form and	60486
provide a set of fingerprint impressions shall complete the form	60487
or provide all the information necessary to complete the form and	60488
shall provide the impression sheet with the impressions of the	60489
person's fingerprints. If the person, upon request, fails to	60490
provide the information necessary to complete the form or fails to	60491
provide impressions of the person's fingerprints, the director may	60492
consider the failure as a reason to deny licensure or	60493
certification.	60494

(D) Except as provided in rules adopted under division (G) of	60495
this section, the director of job and family services shall not	60496
grant a license to a child day-care center or type A family	60497
day-care home and a county director of job and family services	60498
shall not certify a type B family day-care home if a person for	60499
whom a criminal records check was required in connection with the	60500
center or home previously has been convicted of or pleaded guilty	60501
to any of the violations described in division (A)~~(9)~~(6) of	60502
section 109.572 of the Revised Code.	60503

(E) Each child day-care center, type A family day-care home,	60504
and type B family day-care home shall pay to the bureau of	60505
criminal identification and investigation the fee prescribed	60506
pursuant to division (C)(3) of section 109.572 of the Revised Code	60507
for each criminal records check conducted in accordance with that	60508
section upon a request made pursuant to division (A) of this	60509
section.	60510

(F) The report of any criminal records check conducted by the	60511
bureau of criminal identification and investigation in accordance	60512
with section 109.572 of the Revised Code and pursuant to a request	60513
made under division (A) of this section is not a public record for	60514
the purposes of section 149.43 of the Revised Code and shall not	60515
be made available to any person other than the person who is the	60516
subject of the criminal records check or the person's	60517
representative, the director of job and family services, the	60518
director of a county department of job and family services, the	60519
center, type A home, or type B home involved, and any court,	60520
hearing officer, or other necessary individual involved in a case	60521
dealing with a denial of licensure or certification related to the	60522
criminal records check.	60523

(G) The director of job and family services shall adopt rules	60524
pursuant to Chapter 119. of the Revised Code to implement this	60525
section, including rules specifying exceptions to the prohibition	60526
in division (D) of this section for persons who have been	60527
convicted of an offense listed in that division but who meet	60528
standards in regard to rehabilitation set by the ~~department~~	60529
director.	60530

(H) As used in this section, "criminal records check" has the	60531
same meaning as in section 109.572 of the Revised Code.	60532

Sec. 5104.051. (A)(1) The department of commerce is	60533
responsible for the inspections of child day-care centers as	60534
required by division (A)(1) of section 5104.05 of the Revised	60535
Code. Where there is a municipal, township, or county building	60536
department certified under section 3781.10 of the Revised Code to	60537
exercise enforcement authority with respect to the category of	60538
building occupancy which includes day-care centers, all	60539
inspections required under division (A)(1) of section 5104.05 of	60540
the Revised Code shall be made by that department according to the	60541
standards established by the board of building standards.	60542
Inspections in areas of the state where there is no municipal,	60543
township, or county building department certified under section	60544
3781.10 of the Revised Code to exercise enforcement authority with	60545
respect to the category of building occupancy which includes	60546
day-care centers shall be made by personnel of the department of	60547
commerce. Inspections of centers shall be contingent upon payment	60548
of a fee by the applicant to the department having jurisdiction to	60549
inspect.	60550

(2) The department of commerce is responsible for the	60551
inspections of type A family day-care homes as required by	60552
division (B)(3) of section 5104.05 of the Revised Code. Where	60553
there is a municipal, township, or county building department	60554
certified under section 3781.10 of the Revised Code to exercise	60555
enforcement authority with respect to the category of building	60556
occupancy which includes type A homes, all inspections required	60557
under division (B)(3) of section 5104.05 of the Revised Code shall	60558
be made by that department according to the standards established	60559
by the board of building standards. Inspections in areas of the	60560
state where there is no municipal, township, or county building	60561
department certified under section 3781.10 of the Revised Code to	60562
exercise enforcement authority with respect to the category of	60563
building occupancy which includes type A homes shall be made by	60564
personnel of the department of commerce. Inspections of type A	60565
homes shall be contingent upon payment of a fee by the applicant	60566
to the department having jurisdiction to inspect.	60567

(B) The state fire marshal is responsible for the inspections	60568
required by divisions (A)(2) and (B)(1) of section 5104.05 of the	60569
Revised Code. In municipal corporations and in townships outside	60570
municipal corporations where there is a fire prevention official,	60571
the inspections shall be made by the fire chief or the fire	60572
prevention official under the supervision of and according to the	60573
standards established by the state fire marshal. In townships	60574
outside municipal corporations where there is no fire prevention	60575
official, inspections shall be made by the employees of the state	60576
fire marshal.	60577

(C) The state fire marshal shall enforce all statutes and	60578
rules pertaining to fire safety and fire prevention in child	60579
day-care centers and type A family day-care homes. In the event of	60580
a dispute between the state fire marshal and any other responsible	60581
officer under sections 5104.05 and 5104.051 of the Revised Code	60582
with respect to the interpretation or application of a specific	60583
fire safety statute or rule, the interpretation of the state fire	60584
marshal shall prevail.	60585

(D) As used in this division, "licensor" has the same meaning	60586
as in section 3717.01 of the Revised Code.	60587

The licensor for food service operations in the city or	60588
general health district in which the center is located is	60589
responsible for the inspections required under Chapter 3717. of	60590
the Revised Code.	60591

(E) Any moneys collected by the department of commerce under	60592
this section shall be paid into the state treasury to the credit	60593
of the ~~labor~~industrial compliance operating fund created in	60594
section 121.084 of the Revised Code.	60595

Sec. 5104.09. (A)(1) Except as provided in rules adopted	60596
pursuant to division (D) of this section, no individual who has	60597
been convicted of or pleaded guilty to a violation described in	60598
division (A)~~(9)~~(6) of section 109.572 of the Revised Code, a	60599
violation of section 2905.11, 2909.02, 2909.03, 2909.04, 2909.05,	60600
2917.01, 2917.02, 2917.03, 2917.31, 2921.03, 2921.34, or 2921.35	60601
of the Revised Code or a violation of an existing or former law or	60602
ordinance of any municipal corporation, this state, any other	60603
state, or the United States that is substantially equivalent to	60604
any of those violations, or two violations of section 4511.19 of	60605
the Revised Code during operation of the center or home shall be	60606
certified as an in-home aide or be employed in any capacity in or	60607
own or operate a child day-care center, type A family day-care	60608
home, type B family day-care home, or certified type B family	60609
day-care home.	60610

(2) Each employee of a child day-care center and type A home	60611
and every person eighteen years of age or older residing in a type	60612
A home shall sign a statement on forms prescribed by the director	60613
of job and family services attesting to the fact that the employee	60614
or resident person has not been convicted of or pleaded guilty to	60615
any offense set forth in division (A)(1) of this section and that	60616
no child has been removed from the employee's or resident person's	60617
home pursuant to section 2151.353 of the Revised Code. Each	60618
licensee of a type A home shall sign a statement on a form	60619
prescribed by the director attesting to the fact that no person	60620
who resides at the type A home and who is under the age of	60621
eighteen has been adjudicated a delinquent child for committing a	60622
violation of any section listed in division (A)(1) of this	60623
section. The statements shall be kept on file at the center or	60624
type A home.	60625

(3) Each in-home aide and every person eighteen years of age	60626
or older residing in a certified type B home shall sign a	60627
statement on forms prescribed by the director of job and family	60628
services attesting that the aide or resident person has not been	60629
convicted of or pleaded guilty to any offense set forth in	60630
division (A)(1) of this section and that no child has been removed	60631
from the aide's or resident person's home pursuant to section	60632
2151.353 of the Revised Code. Each authorized provider shall sign	60633
a statement on forms prescribed by the director attesting that the	60634
provider has not been convicted of or pleaded guilty to any	60635
offense set forth in division (A)(1) of this section and that no	60636
child has been removed from the provider's home pursuant to	60637
section 2151.353 of the Revised Code. Each authorized provider	60638
shall sign a statement on a form prescribed by the director	60639
attesting to the fact that no person who resides at the certified	60640
type B home and who is under the age of eighteen has been	60641
adjudicated a delinquent child for committing a violation of any	60642
section listed in division (A)(1) of this section. The statements	60643
shall be kept on file at the county department of job and family	60644
services.	60645

(4) Each administrator and licensee of a center or type A	60646
home shall sign a statement on a form prescribed by the director	60647
of job and family services attesting that the administrator or	60648
licensee has not been convicted of or pleaded guilty to any	60649
offense set forth in division (A)(1) of this section and that no	60650
child has been removed from the administrator's or licensee's home	60651
pursuant to section 2151.353 of the Revised Code. The statement	60652
shall be kept on file at the center or type A home.	60653

(B) No in-home aide, no administrator, licensee, authorized	60654
provider, or employee of a center, type A home, or certified type	60655
B home, and no person eighteen years of age or older residing in a	60656
type A home or certified type B home shall withhold information	60657
from, or falsify information on, any statement required pursuant	60658
to division (A)(2), (3), or (4) of this section.	60659

(C) No administrator, licensee, or child-care staff member	60660
shall discriminate in the enrollment of children in a child	60661
day-care center upon the basis of race, color, religion, sex, or	60662
national origin.	60663

(D) The director of job and family services shall adopt rules	60664
pursuant to Chapter 119. of the Revised Code to implement this	60665
section, including rules specifying exceptions to the prohibition	60666
in division (A) of this section for persons who have been	60667
convicted of an offense listed in that division but meet	60668
rehabilitation standards set by the ~~department~~director.	60669

Sec. 5104.37. (A) As used in this section, "eligible	60670
provider" means an individual or entity eligible to provide	60671
publicly funded child care pursuant to section 5104.31 of the	60672
Revised Code.	60673

(B) The department of job and family services may withhold	60674
any money due,under this chapter and recover through any	60675
appropriate method any money erroneously paid, under this chapter	60676
if evidence exists of less than full compliance with this chapter	60677
and any rules adopted under it.	60678

(C) Notwithstanding any other provision of this chapter to	60679
the contrary, the department shall take action against an eligible	60680
provider as described in this section.	60681

(D) The department may suspend a contract entered into with	60682
an eligible provider under section 5104.32 of the Revised Code	60683
when the department initiates an investigation concerning the	60684
eligible provider for either of the following reasons:	60685

(1) The department has evidence that the eligible provider	60686
received an improper child care payment as a result of the	60687
provider's intentional act.	60688

(2) The department receives notice and a copy of an	60689
indictment, information, or complaint charging the eligible	60690
provider or the owner or operator of the provider with committing	60691
any of the following:	60692

(a) An act that is a felony or misdemeanor relating to	60693
providing or billing for publicly funded child care or providing	60694
management or administrative services relating to providing	60695
publicly funded child care;	60696

(b) An act that would constitute an offense described in	60697
section 5104.09 of the Revised Code.	60698

(E)(1) Except as provided in division (E)(2) of this section,	60699
the suspension of a contract under division (D) of this section	60700
shall continue until the department completes its investigation or	60701
all criminal charges are disposed of through dismissal, a finding	60702
of not guilty, conviction, or a plea of guilty.	60703

(2) If the department initiates the termination of a contract	60704
that has been suspended pursuant to division (D) of this section,	60705
the suspension shall continue until the termination process is	60706
completed.	60707

(F) An eligible provider shall not provide publicly funded	60708
child care while the provider's contract is under suspension	60709
pursuant to division (D) of this section. As of the date the	60710
eligible provider's contract is suspended, the department shall	60711
withhold payment to the eligible provider for publicly funded	60712
child care.	60713

(G) Not later than five days after suspending an eligible	60714
provider's contract pursuant to division (D) of this section, the	60715
department shall notify the eligible provider. The notice shall	60716
include all of the following:	60717

(1) A description of the investigation or indictment,	60718
information, or complaint, which need not disclose specific	60719
information concerning any ongoing administrative or criminal	60720
investigation;	60721

(2) A statement that the eligible provider is prohibited from	60722
providing publicly funded child care while the contract is under	60723
suspension;	60724

(3) A statement that the suspension will continue until the	60725
department completes its investigation or all criminal charges are	60726
disposed of through dismissal, a finding of not guilty,	60727
conviction, or a plea of guilty, and that if the department	60728
initiates the termination of the contract, the suspension will	60729
continue until the termination process is completed.	60730

(H) An eligible provider may file an appeal with the	60731
department regarding any action the department takes pursuant to	60732
division (D) of this section. The appeal must be received by the	60733
department not later than fifteen days after the date the provider	60734
receives the notification described in division (G) of this	60735
section. The department shall review the evidence and issue a	60736
decision not later than thirty days after receiving the appeal.	60737
The department shall not suspend a contract pursuant to division	60738
(D) of this section until the time for filing the appeal has	60739
passed or, if the provider files a timely appeal, the department	60740
has issued a decision on the appeal.	60741

Sec. 5107.05. The director of job and family services shall	60742
adopt rules to implement this chapter. The rules shall be	60743
consistent with Title IV-A, Title IV-D, federal regulations, state	60744
law, the Title IV-A state plan submitted to the United States	60745
secretary of health and human services under section 5101.80 of	60746
the Revised Code, amendments to the plan, and waivers granted by	60747
the United States secretary. Rules governing eligibility, program	60748
participation, and other applicant and participant requirements	60749
shall be adopted in accordance with Chapter 119. of the Revised	60750
Code. Rules governing financial and other administrative	60751
requirements applicable to the department of job and family	60752
services and county departments of job and family services shall	60753
be adopted in accordance with section 111.15 of the Revised Code.	60754

(A) The rules shall specify, establish, or govern all of the	60755
following:	60756

(1) A payment standard for Ohio works first based on federal	60757
and state appropriations that is increased in accordance with	60758
section 5107.04 of the Revised Code;	60759

(2) For the purpose of section 5107.04 of the Revised Code,	60760
the method of determining the amount of cash assistance an	60761
assistance group receives under Ohio works first;	60762

(3) Requirements for initial and continued eligibility for	60763
Ohio works first, including requirements regarding income,	60764
citizenship, age, residence, and assistance group composition;	60765

(4) For the purpose of section 5107.12 of the Revised Code,	60766
application and verification procedures, including the minimum	60767
information an application must contain;	60768

(5) The extent to which a participant of Ohio works first	60769
must notify, pursuant to section 5107.12 of the Revised Code, a	60770
county department of job and family services of additional income	60771
not previously reported to the county department;	60772

(6) For the purpose of section 5107.16 of the Revised Code,	60773
~~all~~both of the following:	60774

(a) Standards for the determination of good cause for failure	60775
or refusal to comply in full with a provision of a	60776
self-sufficiency contract;	60777

(b) The compliance ~~form~~activities a member of an assistance	60778
group ~~may complete to indicate willingness to come into full~~	60779
~~compliance~~must complete for the member to be considered to have	60780
ceased to fail or refuse to comply in full with a provision of a	60781
self-sufficiency contract;	60782

~~(c) The manner by which the compliance form is to be~~	60783
~~completed and provided to a county department of job and family~~	60784
~~services~~.	60785

(7) The department of job and family services providing	60786
written notice of a sanction under section 5107.161 of the Revised	60787
Code;	60788

(8) For the purpose of division ~~(A)(2)~~(B) of section 5107.17	60789
of the Revised Code, the ~~period of time by which a county~~	60790
~~department of job and family services is to receive a compliance~~	60791
~~form established in rules adopted under division (A)(6)(b) of this~~	60792
~~section~~circumstances under which the adult member of an	60793
assistance group or an assistance group's minor head of household	60794
whose failure or refusal, without good cause, to comply in full	60795
with a provision of a self-sufficiency contract causes a sanction	60796
under section 5107.16 of the Revised Code must enter into a new,	60797
or amend an existing, self-sufficiency contract before the	60798
assistance group may resume participation in Ohio works first	60799
following the sanction;	60800

(9) Requirements for the collection and distribution of	60801
support payments owed participants of Ohio works first pursuant to	60802
section 5107.20 of the Revised Code;	60803

(10) For the purpose of section 5107.22 of the Revised Code,	60804
what constitutes cooperating in establishing a minor child's	60805
paternity or establishing, modifying, or enforcing a child support	60806
order and good cause for failure or refusal to cooperate;	60807

(11) The requirements governing the LEAP program, including	60808
the definitions of "equivalent of a high school diploma" and "good	60809
cause," and the incentives provided under the LEAP program;	60810

(12) If the director implements section 5107.301 of the	60811
Revised Code, the requirements governing the award provided under	60812
that section, including the form that the award is to take and	60813
requirements an individual must satisfy to receive the award;	60814

(13) Circumstances under which a county department of job and	60815
family services may exempt a minor head of household or adult from	60816
participating in a work activity or developmental activity for all	60817
or some of the weekly hours otherwise required by section 5107.43	60818
of the Revised Code.	60819

(14) The maximum amount of time the department will subsidize	60820
positions created by state agencies and political subdivisions	60821
under division (C) of section 5107.52 of the Revised Code;	60822

(15) The implementation of sections 5107.71 to 5107.717 of	60823
the Revised Code by county departments of job and family services;	60824

(16) A domestic violence screening process to be used for the	60825
purpose of division (A) of section 5107.71 of the Revised Code;	60826

(17) The minimum frequency with which county departments of	60827
job and family services must redetermine a member of an assistance	60828
group's need for a waiver issued under section 5107.714 of the	60829
Revised Code.	60830

(B) The rules adopted under division (A)(3) of this section	60831
regarding income shall specify what is countable income, gross	60832
earned income, and gross unearned income for the purpose of	60833
section 5107.10 of the Revised Code.	60834

The rules adopted under division (A)(10) of this section	60835
shall be consistent with 42 U.S.C. 654(29).	60836

The rules adopted under division (A)(13) of this section	60837
shall specify that the circumstances include that a school or	60838
place of work is closed due to a holiday or weather or other	60839
emergency and that an employer grants the minor head of household	60840
or adult leave for illness or earned vacation.	60841

(C) The rules may provide that a county department of job and	60842
family services is not required to take action under section	60843
5107.76 of the Revised Code to recover an erroneous payment ~~that~~	60844
~~is below an amount the department specifies~~under circumstances	60845
the rules specify.	60846

Sec. 5107.16. (A) If a member of an assistance group fails	60847
or refuses, without good cause, to comply in full with a provision	60848
of a self-sufficiency contract entered into under section 5107.14	60849
of the Revised Code, a county department of job and family	60850
services shall sanction the assistance group as follows:	60851

(1) For a first failure or refusal, the county department	60852
shall deny or terminate the assistance group's eligibility to	60853
participate in Ohio works first for one payment month or until the	60854
failure or refusal ceases, whichever is longer;	60855

(2) For a second failure or refusal, the county department	60856
shall deny or terminate the assistance group's eligibility to	60857
participate in Ohio works first for three payment months or until	60858
the failure or refusal ceases, whichever is longer;	60859

(3) For a third or subsequent failure or refusal, the county	60860
department shall deny or terminate the assistance group's	60861
eligibility to participate in Ohio works first for six payment	60862
months or until the failure or refusal ceases, whichever is	60863
longer.	60864

(B) The director of job and family services shall establish	60865
standards for the determination of good cause for failure or	60866
refusal to comply in full with a provision of a self-sufficiency	60867
contract in rules adopted under section 5107.05 of the Revised	60868
Code.	60869

(C) ~~The director of job and family services shall provide a~~	60870
~~compliance form established in rules adopted under section 5107.05~~	60871
~~of the Revised Code to an~~An assistance group member who fails or	60872
refuses, without good cause, to comply in full with a provision of	60873
a self-sufficiency contract~~. The member's failure or refusal to~~	60874
~~comply in full with the provision shall be deemed to have ceased~~	60875
~~on the date a county department of job and family services~~	60876
~~receives the compliance form from the member if the compliance~~	60877
~~form is completed and provided to the county department in the~~	60878
~~manner~~must complete all compliance activities specified in rules	60879
adopted under section 5107.05 of the Revised Code in order for the	60880
failure or refusal to be considered to have ceased.	60881

(D) After sanctioning an assistance group under division (A)	60882
of this section, a county department of job and family services	60883
shall continue to work with the assistance group.	60884

(E) An adult eligible for medicaid pursuant to division	60885
~~(A)~~(C)(1)(a) of section 5111.01 of the Revised Code who is	60886
sanctioned under division (A)(3) of this section for a failure or	60887
refusal, without good cause, to comply in full with a provision of	60888
a self-sufficiency contract related to work responsibilities under	60889
sections 5107.40 to 5107.69 of the Revised Code loses eligibility	60890
for medicaid unless the adult is otherwise eligible for medicaid	60891
pursuant to another division of section 5111.01 of the Revised	60892
Code.	60893

An assistance group that would be participating in Ohio works	60894
first if not for a sanction under this section shall continue to	60895
be eligible for all of the following:	60896

(1) Publicly funded child care in accordance with division	60897
(A)(3) of section 5104.30 of the Revised Code;	60898

(2) Support services in accordance with section 5107.66 of	60899
the Revised Code;	60900

(3) To the extent permitted by the "Fair Labor Standards Act	60901
of 1938," 52 Stat. 1060, 29 U.S.C. 201, as amended, to participate	60902
in work activities, developmental activities, and alternative work	60903
activities in accordance with sections 5107.40 to 5107.69 of the	60904
Revised Code.	60905

Sec. 5107.17. AnBoth of the following must occur before an	60906
assistance group ~~that resumes~~may resume participation in Ohio	60907
works first following a sanction under section 5107.16 of the	60908
Revised Code ~~is not required to do either of the following~~:	60909

(A) ~~Reapply~~The assistance group must reapply under section	60910
5107.12 of the Revised Code~~, unless either~~if any of the following	60911
~~applies~~apply:	60912

(1) It is the assistance group's regularly scheduled time for	60913
an eligibility redetermination;	60914

(2) ~~The county department of job and family services does not~~	60915
~~receive the completed compliance form established in rules adopted~~	60916
~~under section 5107.05 of the Revised Code within the period of~~	60917
~~time specified in rules adopted under that section~~If the sanction	60918
was imposed under division (A)(1) of section 5107.16 of the	60919
Revised Code, the failure or refusal on which the sanction was	60920
based is not considered to have ceased until after one payment	60921
month immediately following the date the sanction began;	60922

(3) If the sanction was imposed under division (A)(2) of	60923
section 5107.16 of the Revised Code, the failure or refusal on	60924
which the sanction was based is not considered to have ceased	60925
until after three payment months immediately following the date	60926
the sanction began;	60927

(4) If the sanction was imposed under division (A)(3) of	60928
section 5107.16 of the Revised Code, the failure or refusal on	60929
which the sanction was based is not considered to have ceased	60930
until after six payment months immediately following the date the	60931
sanction began.	60932

(B) ~~Enter~~The adult member of the assistance group or the	60933
assistance group's minor head of household whose failure or	60934
refusal, without good cause, to comply in full with a provision of	60935
a self-sufficiency contract caused the sanction must enter into a	60936
new, or amend an existing, self-sufficiency contract under section	60937
5107.14 of the Revised Code, ~~unless the county department of job~~	60938
~~and family services determines it is time for a new appraisal~~	60939
~~under section 5107.41 of the Revised Code or the assistance~~	60940
~~group's circumstances have changed in a manner necessitating an~~	60941
~~amendment to the self-sufficiency contract as determined using~~	60942
~~procedures included in the contract under division (B)(9) of~~if	60943
required to do so by rules adopted under section ~~5107.14~~5107.05	60944
of the Revised Code.	60945

Sec. 5111.01. (A) As used in this chapter~~, "medical~~:

60946

"Children's health insurance program" means the children's	60947
health insurance program part I, children's health insurance	60948
program part II, and children's health insurance program part III	60949
authorized by sections 5101.50 to 5101.529 of the Revised Code.	60950

"Medical assistance program" or "medicaid" means the program	60951
that is authorized by this chapter and provided by the ~~department~~	60952
office of ~~job and family services~~medical assistance under this	60953
chapter, Title XIX of the "Social Security Act," 79 Stat. 286	60954
(1965), 42 U.S.C.A. 1396, et seq., as amended, and the waivers of	60955
Title XIX requirements granted to the ~~department~~office by the	60956
centers for medicare and medicaid services of the United States	60957
department of health and human services.	60958

~~The department of job and family services~~(B) There is hereby	60959
established the office of medical assistance as a work unit within	60960
the department of job and family services. The chief of the office	60961
shall hold the title of medical assistance director.	60962
Notwithstanding section 5101.06 of the Revised Code, the governor	60963
shall appoint the medical assistance director and the medical	60964
assistance director shall serve at the governor's pleasure. The	60965
medical assistance director is not an assistant director of the	60966
department of job and family services for purposes of section	60967
121.05 or 5101.03 of the Revised Code or any other purpose.	60968

Subject to appropriations for the medicaid program and	60969
children's health insurance program, the department of job and	60970
family services shall provide staff and support services as	60971
necessary for the operation of the office of medical assistance.	60972

If a statute, rule, contract, or other legal authority	60973
requires the director of job and family services or department of	60974
job and family services to take an action regarding the medicaid	60975
program or children's health insurance program, the medical	60976
assistance director or office of medical assistance shall take the	60977
action in place of the director of job and family services or	60978
department of job and family services. If a statute, rule,	60979
contract, or other legal authority permits the director of job and	60980
family services or department of job and family services to take	60981
an action regarding the medicaid program or children's health	60982
insurance program, the medical assistance director or office of	60983
medical assistance shall take the action in place of the director	60984
of job and family services or department of job and family	60985
services if the action is to be taken.	60986

The office of medical assistance shall act as the single	60987
state agency to supervise the administration of the medicaid	60988
program. As the single state agency, the ~~department~~office shall	60989
comply with 42 C.F.R. 431.10(e). The ~~department's~~office's rules	60990
governing medicaid are binding on other agencies that administer	60991
components of the medicaid program. No agency may establish, by	60992
rule or otherwise, a policy governing medicaid that is	60993
inconsistent with a medicaid policy established, in rule or	60994
otherwise, by the medical assistance director ~~of job and family~~	60995
~~services~~.	60996

~~(A)~~(C) The ~~department~~office of ~~job and family services~~	60997
medical assistance may provide medical assistance under the	60998
medicaid program as long as federal funds are provided for such	60999
assistance, to the following:	61000

(1) Families with children that meet either of the following	61001
conditions:	61002

(a) The family meets the income, resource, and family	61003
composition requirements in effect on July 16, 1996, for the	61004
former aid to dependent children program as those requirements	61005
were established by Chapter 5107. of the Revised Code, federal	61006
waivers granted pursuant to requests made under former section	61007
5101.09 of the Revised Code, and rules adopted by the department	61008
or any changes the department makes to those requirements in	61009
accordance with paragraph (a)(2) of section 114 of the "Personal	61010
Responsibility and Work Opportunity Reconciliation Act of 1996,"	61011
110 Stat. 2177, 42 U.S.C.A. 1396u-1, for the purpose of	61012
implementing section 5111.0120 of the Revised Code. An adult loses	61013
eligibility for medicaid under division ~~(A)~~(C)(1)(a) of this	61014
section pursuant to division (E) of section 5107.16 of the Revised	61015
Code.	61016

(b) The family does not meet the requirements specified in	61017
division ~~(A)~~(C)(1)(a) of this section but is eligible for medicaid	61018
pursuant to section 5101.18 of the Revised Code.	61019

(2) Aged, blind, and disabled persons who meet the following	61020
conditions:	61021

(a) Receive federal aid under Title XVI of the "Social	61022
Security Act," or are eligible for but are not receiving such aid,	61023
provided that the income from all other sources for individuals	61024
with independent living arrangements shall not exceed one hundred	61025
seventy-five dollars per month. The income standards hereby	61026
established shall be adjusted annually at the rate that is used by	61027
the United States department of health and human services to	61028
adjust the amounts payable under Title XVI.	61029

(b) Do not receive aid under Title XVI, but meet any of the	61030
following criteria:	61031

(i) Would be eligible to receive such aid, except that their	61032
income, other than that excluded from consideration as income	61033
under Title XVI, exceeds the maximum under division ~~(A)~~(C)(2)(a)	61034
of this section, and incurred expenses for medical care, as	61035
determined under federal regulations applicable to section 209(b)	61036
of the "Social Security Amendments of 1972," 86 Stat. 1381, 42	61037
U.S.C.A. 1396a(f), as amended, equal or exceed the amount by which	61038
their income exceeds the maximum under division ~~(A)~~(C)(2)(a) of	61039
this section;	61040

(ii) Received aid for the aged, aid to the blind, or aid for	61041
the permanently and totally disabled prior to January 1, 1974, and	61042
continue to meet all the same eligibility requirements;	61043

(iii) Are eligible for medicaid pursuant to section 5101.18	61044
of the Revised Code.	61045

(3) Persons to whom federal law requires, as a condition of	61046
state participation in the medicaid program, that medicaid be	61047
provided;	61048

(4) Persons under age twenty-one who meet the income	61049
requirements for the Ohio works first program established under	61050
Chapter 5107. of the Revised Code but do not meet other	61051
eligibility requirements for the program. The medical assistance	61052
director shall adopt rules in accordance with Chapter 119. of the	61053
Revised Code specifying which Ohio works first requirements shall	61054
be waived for the purpose of providing medicaid eligibility under	61055
division ~~(A)~~(C)(4) of this section.	61056

~~(B)~~(D) If sufficient funds are appropriated for the medicaid	61057
program, the ~~department~~office of medical assistance may provide	61058
medical assistance under the medicaid program to persons in groups	61059
designated by federal law as groups to which a state, at its	61060
option, may provide medical assistance under the medicaid program.	61061

~~(C)~~(E) The ~~department~~office of medical assistance may expand	61062
eligibility for the medicaid program to include individuals under	61063
age nineteen with family incomes at or below one hundred fifty per	61064
cent of the federal poverty guidelines, except that the	61065
eligibility expansion shall not occur unless the ~~department~~office	61066
receives the approval of the federal government. The ~~department~~	61067
office may implement the eligibility expansion authorized under	61068
this division on any date selected by the ~~department~~office, but	61069
not sooner than January 1, 1998.	61070

~~(D)~~(F) In addition to any other authority or requirement to	61071
adopt rules under this chapter, the medical assistance director	61072
may adopt rules in accordance with section 111.15 of the Revised	61073
Code as the director considers necessary to establish standards,	61074
procedures, and other requirements regarding the provision of	61075
medical assistance under the medicaid program. The rules may	61076
establish requirements to be followed in applying for medicaid,	61077
making determinations of eligibility for medicaid, and verifying	61078
eligibility for medicaid. The rules may include special conditions	61079
as the ~~department~~office determines appropriate for making	61080
applications, determining eligibility, and verifying eligibility	61081
for any medical assistance that the ~~department~~office may provide	61082
under the medicaid program pursuant to division ~~(C)~~(E) of this	61083
section and section 5111.014 or 5111.0120 of the Revised Code.	61084

Sec. 5111.013. (A) The provision of medical assistance to	61085
pregnant women and young children who are eligible for medical	61086
assistance under division ~~(A)~~(C)(3) of section 5111.01 of the	61087
Revised Code, but who are not otherwise eligible for medical	61088
assistance under that section, shall be known as the healthy start	61089
program.	61090

(B) The department of job and family services shall do all of	61091
the following with regard to the application procedures for the	61092
healthy start program:	61093

(1) Establish a short application form for the program that	61094
requires the applicant to provide no more information than is	61095
necessary for making determinations of eligibility for the healthy	61096
start program, except that the form may require applicants to	61097
provide their social security numbers. The form shall include a	61098
statement, which must be signed by the applicant, indicating that	61099
she does not choose at the time of making application for the	61100
program to apply for assistance provided under any other program	61101
administered by the department and that she understands that she	61102
is permitted at any other time to apply at the county department	61103
of job and family services of the county in which she resides for	61104
any other assistance administered by the department.	61105

(2) To the extent permitted by federal law, do one or both of	61106
the following:	61107

(a) Distribute the application form for the program to each	61108
public or private entity that serves as a women, infants, and	61109
children clinic or as a child and family health clinic and to each	61110
administrative body for such clinics and train employees of each	61111
such agency or entity to provide applicants assistance in	61112
completing the form;	61113

(b) In cooperation with the department of health, develop	61114
arrangements under which employees of county departments of job	61115
and family services are stationed at public or private agencies or	61116
entities selected by the department of job and family services	61117
that serve as women, infants, and children clinics; child and	61118
family health clinics; or administrative bodies for such clinics	61119
for the purpose both of assisting applicants for the program in	61120
completing the application form and of making determinations at	61121
that location of eligibility for the program.	61122

(3) Establish performance standards by which a county	61123
department of job and family services' level of enrollment of	61124
persons potentially eligible for the program can be measured, and	61125
establish acceptable levels of enrollment for each county	61126
department.	61127

(4) Direct any county department of job and family services	61128
whose rate of enrollment of potentially eligible enrollees in the	61129
program is below acceptable levels established under division	61130
(B)(3) of this section to implement corrective action. Corrective	61131
action may include but is not limited to any one or more of the	61132
following to the extent permitted by federal law:	61133

(a) Establishing formal referral and outreach methods with	61134
local health departments and local entities receiving funding	61135
through the bureau of maternal and child health;	61136

(b) Designating a specialized intake unit within the county	61137
department for healthy start applicants;	61138

(c) Establishing abbreviated timeliness requirements to	61139
shorten the time between receipt of an application and the	61140
scheduling of an initial application interview;	61141

(d) Establishing a system for telephone scheduling of intake	61142
interviews for applicants;	61143

(e) Establishing procedures to minimize the time an applicant	61144
must spend in completing the application and eligibility	61145
determination process, including permitting applicants to complete	61146
the process at times other than the regular business hours of the	61147
county department and at locations other than the offices of the	61148
county department.	61149

(C) To the extent permitted by federal law, local funds,	61150
whether from public or private sources, expended by a county	61151
department for administration of the healthy start program shall	61152
be considered to have been expended by the state for the purpose	61153
of determining the extent to which the state has complied with any	61154
federal requirement that the state provide funds to match federal	61155
funds for medical assistance, except that this division shall not	61156
affect the amount of funds the county is entitled to receive under	61157
section 5101.16, 5101.161, or 5111.012 of the Revised Code.	61158

(D) A county department of job and family services that	61159
maintains offices at more than one location shall accept	61160
applications for the healthy start program at all of those	61161
locations.	61162

(E) The director of job and family services shall adopt rules	61163
in accordance with section 111.15 of the Revised Code as necessary	61164
to implement this section.	61165

Sec. 5111.014. (A) The director of job and family services	61166
shall submit to the United States secretary of health and human	61167
services an amendment to the state medicaid plan to make an	61168
individual who meets all of the following requirements eligible	61169
for medicaid:	61170

(1) The individual is pregnant;

61171

(2) The individual's family income does not exceed two	61172
hundred per cent of the federal poverty guidelines;	61173

(3) The individual satisfies all relevant requirements	61174
established by rules adopted under division ~~(D)~~(F) of section	61175
5111.01 of the Revised Code.	61176

(B) If approved by the United States secretary of health and	61177
human services, the director of job and family services shall	61178
implement the medicaid plan amendment submitted under division (A)	61179
of this section as soon as possible after receipt of notice of the	61180
approval, but not sooner than January 1, 2008.	61181

Sec. 5111.0115. (A) The department of job and family	61182
services may provide medical assistance under the medicaid	61183
program, as long as federal funds are provided for such	61184
assistance, to each former participant of the Ohio works first	61185
program established under Chapter 5107. of the Revised Code who	61186
meets all of the following requirements:	61187

(1) Is ineligible to participate in Ohio works first solely	61188
as a result of increased income due to employment;	61189

(2) Is not covered by, and does not have access to, medical	61190
insurance coverage through the employer with benefits comparable	61191
to those provided under this section, as determined in accordance	61192
with rules adopted by the director of job and family services	61193
under division (B) of this section;	61194

(3) Meets any other requirement established by rule adopted	61195
under division (B) of this section.	61196

(B) The director of job and family services shall adopt such	61197
rules under Chapter 119. of the Revised Code as are necessary to	61198
implement and administer the medical assistance program under this	61199
section.	61200

(C) A person seeking to participate in a program of medical	61201
assistance under this section shall apply to the county department	61202
of job and family services in the county in which the applicant	61203
resides. The application shall be made on a form prescribed by the	61204
department of job and family services and furnished by the county	61205
department.	61206

(D) If the county department of job and family services	61207
determines that a person is eligible to receive medical assistance	61208
under this section, the department shall provide assistance, to	61209
the same extent and in the same manner as medical assistance is	61210
provided to a person eligible for medical assistance pursuant to	61211
division ~~(A)~~(C)(1)(a) of section 5111.01 of the Revised Code, for	61212
no longer than twelve months, beginning the month after the date	61213
the participant's eligibility for Ohio works first is terminated.	61214

Sec. 5111.0120. The director of job and family services	61215
shall submit to the United States secretary of health and human	61216
services an amendment to the state medicaid plan to make an	61217
individual eligible for medicaid who meets all of the following	61218
requirements:	61219

(A) The individual is the parent of a child under nineteen	61220
years of age and resides with the child;	61221

(B) The individual's family income does not exceed ninety per	61222
cent of the federal poverty guidelines;	61223

61224

(D) The individual satisfies all relevant requirements	61225
established by rules adopted under division ~~(D)~~(F) of section	61226
5111.01 of the Revised Code.	61227

Sec. 5111.031. (A) As used in this section:

61228

(1) "Independent provider" has the same meaning as in section	61229
5111.034 of the Revised Code.	61230

(2) "Intermediate care facility for the mentally retarded"	61231
and "nursing facility" have the same meanings as in section	61232
5111.20 of the Revised Code.	61233

(3) "Noninstitutional medicaid provider" means any person or	61234
entity with a medicaid provider agreement other than a hospital,	61235
nursing facility, or intermediate care facility for the mentally	61236
retarded.	61237

(4) "Owner" means any person having at least five per cent	61238
ownership in a noninstitutional medicaid provider.	61239

(B) Notwithstanding any provision of this chapter to the	61240
contrary, the department of job and family services shall take	61241
action under this section against a noninstitutional medicaid	61242
provider or its owner, officer, authorized agent, associate,	61243
manager, or employee.	61244

(C) Except as provided in division (D) of this section and in	61245
rules adopted by the department under division (H) of this	61246
section, on receiving notice and a copy of an indictment that is	61247
issued on or after September 29, 2007, and charges a	61248
noninstitutional medicaid provider or its owner, officer,	61249
authorized agent, associate, manager, or employee with committing	61250
an offense specified in division (E) of this section, the	61251
department shall suspend the provider agreement held by the	61252
noninstitutional medicaid provider. Subject to division (D) of	61253
this section, the department shall also terminate medicaid	61254
reimbursement to the provider for services rendered.	61255

The suspension shall continue in effect until the proceedings	61256
in the criminal case are completed through dismissal of the	61257
indictment or through conviction, entry of a guilty plea, or	61258
finding of not guilty. If the department commences a process to	61259
terminate the suspended provider agreement, the suspension shall	61260
also continue in effect until the termination process is	61261
concluded.	61262

Pursuant to section 5111.06 of the Revised Code, the	61263
department is not required to take action under this division by	61264
issuing an order pursuant to an adjudication conducted in	61265
accordance with Chapter 119. of the Revised Code.	61266

When subject to a suspension under this division, a provider,	61267
owner, officer, authorized agent, associate, manager, or employee	61268
shall not own or provide services to any other medicaid provider	61269
or risk contractor or arrange for, render, or order services for	61270
medicaid recipients during the period of suspension. During the	61271
period of suspension, the provider, owner, officer, authorized	61272
agent, associate, manager, or employee shall not receive	61273
reimbursement in the form of direct payments from the department	61274
or indirect payments of medicaid funds in the form of salary,	61275
shared fees, contracts, kickbacks, or rebates from or through any	61276
participating provider or risk contractor.	61277

(D)(1) The department shall not suspend a provider agreement	61278
or terminate medicaid reimbursement under division (C) of this	61279
section if the provider or owner can demonstrate through the	61280
submission of written evidence that the provider or owner did not	61281
directly or indirectly sanction the action of its authorized	61282
agent, associate, manager, or employee that resulted in the	61283
indictment.	61284

(2) The termination of medicaid reimbursement applies only to	61285
payments for medicaid services rendered subsequent to the date on	61286
which the notice required under division (F) of this section is	61287
sent. Claims for reimbursement for medicaid services rendered by	61288
the provider prior to the issuance of the notice may be subject to	61289
prepayment review procedures whereby the department reviews claims	61290
to determine whether they are supported by sufficient	61291
documentation, are in compliance with state and federal statutes	61292
and rules, and are otherwise complete.	61293

(E)(1) In the case of a noninstitutional medicaid provider	61294
that is not an independent provider, the suspension of a provider	61295
agreement under division (C) of this section applies when an	61296
indictment charges a person with committing an act that would be a	61297
felony or misdemeanor under the laws of this state and the act	61298
relates to or results from either of the following:	61299

(a) Furnishing or billing for medical care, services, or	61300
supplies under the medicaid program;	61301

(b) Participating in the performance of management or	61302
administrative services relating to furnishing medical care,	61303
services, or supplies under the medicaid program.	61304

(2) In the case of a noninstitutional medicaid provider that	61305
is an independent provider, the suspension of a provider agreement	61306
under division (C) of this section applies when an indictment	61307
charges a person with committing an act that would constitute ~~one~~	61308
~~of the offenses specified in division (D) of~~a disqualifying	61309
offense as defined in section ~~5111.034~~5111.032 of the Revised	61310
Code.	61311

(F) Not later than five days after suspending a provider	61312
agreement under division (C) of this section, the department shall	61313
send notice of the suspension to the affected provider or owner.	61314
In providing the notice, the department shall do all of the	61315
following:	61316

(1) Describe the indictment that was the cause of the	61317
suspension, without necessarily disclosing specific information	61318
concerning any ongoing civil or criminal investigation;	61319

(2) State that the suspension will continue in effect until	61320
the proceedings in the criminal case are completed through	61321
dismissal of the indictment or through conviction, entry of a	61322
guilty plea, or finding of not guilty and, if the department	61323
commences a process to terminate the suspended provider agreement,	61324
until the termination process is concluded;	61325

(3) Inform the provider or owner of the opportunity to submit	61326
to the department, not later than thirty days after receiving the	61327
notice, a request for a reconsideration pursuant to division (G)	61328
of this section.	61329

(G)(1) Pursuant to the procedure specified in division (G)(2)	61330
of this section, a noninstitutional medicaid provider or owner	61331
subject to a suspension under this section may request a	61332
reconsideration. The request shall be made not later than thirty	61333
days after receipt of the notice provided under division (F) of	61334
this section. The reconsideration is not subject to an	61335
adjudication hearing pursuant to Chapter 119. of the Revised Code.	61336

(2) In requesting a reconsideration, the provider or owner	61337
shall submit written information and documents to the department.	61338
The information and documents may pertain to any of the following	61339
issues:	61340

(a) Whether the determination to suspend the provider	61341
agreement was based on a mistake of fact, other than the validity	61342
of the indictment;	61343

(b) Whether any offense charged in the indictment resulted	61344
from an offense specified in division (E) of this section;	61345

(c) Whether the provider or owner can demonstrate that the	61346
provider or owner did not directly or indirectly sanction the	61347
action of its authorized agent, associate, manager, or employee	61348
that resulted in the indictment.	61349

(3) The department shall review the information and documents	61350
submitted in a request for reconsideration. After the review, the	61351
suspension may be affirmed, reversed, or modified, in whole or in	61352
part. The department shall notify the affected provider or owner	61353
of the results of the review. The review and notification of its	61354
results shall be completed not later than forty-five days after	61355
receiving the information and documents submitted in a request for	61356
reconsideration.	61357

(H) The department may adopt rules in accordance with Chapter	61358
119. of the Revised Code to implement this section. The rules may	61359
specify circumstances under which the department would not suspend	61360
a provider agreement pursuant to this section.	61361

Sec. 5111.032. (A) As used in this section:

61362

(1) "Criminal records check" has the same meaning as in	61363
section 109.572 of the Revised Code.	61364

(2) ~~"Department" includes a designee of the department of job~~	61365
~~and family services.~~	61366

~~(3)~~"Disqualifying offense" means any of the following:

61367

(a) A violation of section 959.13, 959.131, 2903.01, 2903.02,	61368
2903.03, 2903.04, 2903.041, 2903.11, 2903.12, 2903.13, 2903.15,	61369
2903.16, 2903.21, 2903.211, 2903.22, 2903.34, 2903.341, 2905.01,	61370
2905.02, 2905.05, 2905.11, 2905.12, 2907.02, 2907.03, 2907.04,	61371
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22,	61372
2907.23, 2907.24, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322,	61373
2907.323, 2907.33, 2909.02, 2909.03, 2909.04, 2909.22, 2909.23,	61374
2909.24, 2911.01, 2911.02, 2911.11, 2911.12, 2911.13, 2913.02,	61375
2913.03, 2913.04, 2913.05, 2913.11, 2913.21, 2913.31, 2913.32,	61376
2913.40, 2913.41, 2913.42, 2913.43, 2913.44, 2913.441, 2913.45,	61377
2913.46, 2913.47, 2913.48, 2913.49, 2913.51, 2917.01, 2917.02,	61378
2917.03, 2917.31, 2919.12, 2919.121, 2919.123, 2919.22, 2919.23,	61379
2919.24, 2919.25, 2921.03, 2921.11, 2921.13, 2921.21, 2921.24,	61380
2921.321, 2921.34, 2921.35, 2921.36, 2921.51, 2923.12, 2923.122,	61381
2923.123, 2923.13, 2923.161, 2923.162, 2923.21, 2923.32, 2923.42,	61382
2925.02, 2925.03, 2925.04, 2925.041, 2925.05, 2925.06, 2925.09,	61383
2925.11, 2925.13, 2925.14, 2925.22, 2925.23, 2925.24, 2925.36,	61384
2925.55, 2925.56, 2927.12, or 3716.11 of the Revised Code;	61385

(b) Felonious sexual penetration in violation of former	61386
section 2907.12 of the Revised Code;	61387

(c) A violation of section 2905.04 of the Revised Code as it	61388
existed prior to July 1, 1996;	61389

(d) A violation of section 2923.01, 2923.02, or 2923.03 of	61390
the Revised Code when the underlying offense that is the object of	61391
the conspiracy, attempt, or complicity is one of the offenses	61392
listed in division (A)(2)(a) to (c) of this section;	61393

(e) A violation of an existing or former municipal ordinance	61394
or law of this state, any other state, or the United States that	61395
is substantially equivalent to any of the offenses listed in	61396
division (A)(2)(a) to (d) of this section.	61397

(3) "Owner" means a person who has an ownership interest in a	61398
provider or applicant to be a provider in an amount designated by	61399
~~the department of job and family services~~ in rules adopted under	61400
this section.	61401

(4) "Person subject to the criminal records check	61402
requirement" means the following:	61403

(a) A provider or applicant to be a provider who is notified	61404
under division (E)(1) of this section that the provider or	61405
applicant is subject to a criminal records check;	61406

(b) An owner or prospective owner, officer or prospective	61407
officer, or board member or prospective board member of a provider	61408
or applicant to be a provider if, pursuant to division (E)(1)(a)	61409
of this section, the owner or prospective owner, officer or	61410
prospective officer, or board member or prospective board member	61411
is specified in information given to the provider or applicant	61412
under division (E)(1) of this section;	61413

(c) An employee or prospective employee of a provider or	61414
applicant to be a provider if both of the following apply:	61415

(i) The employee or prospective employee is specified,	61416
pursuant to division (E)(1)(b) of this section, in information	61417
given to the provider or applicant under division (E)(1) of this	61418
section.	61419

(ii) The provider or applicant is not prohibited by division	61420
(D)(3)(b) of this section from employing the employee or	61421
prospective employee.	61422

(5) "Provider" means a person, institution, or entity that	61423
has a medicaid provider agreement with the department of job and	61424
family services ~~pursuant to Title XIX of the "Social Security~~	61425
~~Act," 49 State. 620 (1965), 42 U.S.C. 1396, as amended~~.	61426

(6) "Responsible entity" means the following:

61427

(a) With respect to a criminal records check required under	61428
this section for a provider or applicant to be a provider, the	61429
department of job and family services or the department's	61430
designee;	61431

(b) With respect to a criminal records check required under	61432
this section for an owner or prospective owner, officer or	61433
prospective officer, board member or prospective board member, or	61434
employee or prospective employee of a provider or applicant to be	61435
a provider, the provider or applicant.	61436

(B)~~(1) Except as provided in division (B)(2) of this section,~~	61437
~~the~~This section does not apply to any individual who is subject	61438
to a criminal records check under section 3712.09, 3721.121,	61439
5111.034, 5123.081, or 5123.169 of the Revised Code or any	61440
individual who is subject to a database review or criminal records	61441
check under section 173.394, 3701.881, or 5111.033 of the Revised	61442
Code.	61443

(C) The department of job and family services may ~~require~~do	61444
any of the following:	61445

(1) Require that any provider,or applicant to be a provider,	61446
~~employee or prospective employee of a provider, owner or~~	61447
~~prospective owner of a provider, officer or prospective officer of~~	61448
~~a provider, or board member or prospective board member of a~~	61449
~~provider~~ submit to a criminal records check as a condition of	61450
~~obtaining~~having a medicaid provider agreement~~, continuing to hold~~	61451
~~a provider agreement, being employed by a provider, having an~~	61452
~~ownership interest in a provider, or being an officer or board~~	61453
~~member of a provider. The department may designate the categories~~	61454
~~of persons who are subject to the criminal records check~~	61455
~~requirement. The department shall designate the times at which the~~	61456
~~criminal records checks must be conducted.~~	61457

~~(2) The section does not apply to providers, applicants to be~~	61458
~~providers, employees of a provider, or prospective employees of a~~	61459
~~provider who are subject to criminal records checks under section~~	61460
~~5111.033 or 5111.034 of the Revised Code~~;	61461

(2) Require that any provider or applicant to be a provider	61462
require an owner or prospective owner, officer or prospective	61463
officer, or board member or prospective board member of the	61464
provider or applicant submit to a criminal records check as a	61465
condition of being an owner, officer, or board member of the	61466
provider or applicant;	61467

(3) Require that any provider or applicant to be a provider	61468
do the following:	61469

(a) If so required by rules adopted under this section,	61470
determine pursuant to a database review conducted under division	61471
(F)(1)(a) of this section whether any employee or prospective	61472
employee of the provider or applicant is included in a database;	61473

(b) Unless the provider or applicant is prohibited by	61474
division (D)(3)(b) of this section from employing the employee or	61475
prospective employee, require the employee or prospective employee	61476
to submit to a criminal records check as a condition of being an	61477
employee of the provider or applicant.	61478

(D)(1) The department or the department's designee shall	61479
terminate a provider's medicaid provider agreement or deny an	61480
applicant's application for a medicaid provider agreement if the	61481
provider or applicant is a person subject to the criminal records	61482
check requirement and either of the following applies:	61483

(a) The provider or applicant fails to obtain the criminal	61484
records check after being given the information specified in	61485
division (G)(1) of this section.	61486

(b) Except as provided in rules adopted under this section,	61487
the provider or applicant is found by the criminal records check	61488
to have been convicted of, pleaded guilty to, or been found	61489
eligible for intervention in lieu of conviction for a	61490
disqualifying offense, regardless of the date of the conviction,	61491
the date of entry of the guilty plea, or the date the applicant or	61492
provider was found eligible for intervention in lieu of	61493
conviction.	61494

(2) No provider or applicant to be a provider shall permit a	61495
person to be an owner, officer, or board member of the provider or	61496
applicant if the person is a person subject to the criminal	61497
records check requirement and either of the following applies:	61498

(a) The person fails to obtain the criminal records check	61499
after being given the information specified in division (G)(1) of	61500
this section.	61501

(b) Except as provided in rules adopted under this section,	61502
the person is found by the criminal records check to have been	61503
convicted of, pleaded guilty to, or been found eligible for	61504
intervention in lieu of conviction for a disqualifying offense,	61505
regardless of the date of the conviction, the date of entry of the	61506
guilty plea, or the date the person was found eligible for	61507
intervention in lieu of conviction.	61508

(3) No provider or applicant to be a provider shall employ a	61509
person if any of the following apply:	61510

(a) The person has been excluded from providing services or	61511
items under the medicaid program, the medicare program operated	61512
pursuant to Title XVIII of the "Social Security Act," or any other	61513
federal health care program.	61514

(b) If the person is subject to a database review conducted	61515
under division (F)(1)(a) of this section, the person is found by	61516
the database review to be included in a database and the rules	61517
adopted under this section regarding the database review prohibit	61518
the provider or applicant from employing a person included in the	61519
database.	61520

(c) If the person is a person subject to the criminal records	61521
check requirement, either of the following applies:	61522

(i) The person fails to obtain the criminal records check	61523
after being given the information specified in division (G)(1) of	61524
this section.	61525

(ii) Except as provided in rules adopted under this section,	61526
the person is found by the criminal records check to have been	61527
convicted of, pleaded guilty to, or been found eligible for	61528
intervention in lieu of conviction for a disqualifying offense,	61529
regardless of the date of the conviction, the date of entry of the	61530
guilty plea, or the date the person was found eligible for	61531
intervention in lieu of conviction.	61532

~~(C)~~(E)(1) The department or the department's designee shall	61533
inform each provider or applicant to be a provider whether the	61534
provider or applicant is subject to a criminal records check	61535
~~requirement under division (B) of this section~~. For providers, the	61536
information shall be given at times designated in rules adopted	61537
under this section. For applicants to be providers, the	61538
information shall be given at the time of initial application.	61539
When the information is given, the department or the department's	61540
designee shall specify ~~which~~the following:	61541

(a) Which of the provider's or applicant's ~~employees or~~	61542
~~prospective employees,~~ owners or prospective owners, officers or	61543
prospective officers, or board members or prospective board	61544
members are subject to ~~the~~a criminal records check ~~requirement~~;	61545

(b) Which of the provider's or applicant's employees or	61546
prospective employees are subject to division (C)(3) of this	61547
section.	61548

(2) At times designated in rules adopted under this section,	61549
a provider or applicant to be a provider that is a person subject	61550
to the criminal records check requirement shall ~~inform~~do the	61551
following:	61552

(a) Inform each person specified ~~by the department~~ under	61553
division ~~(C)(1)~~(E)(1)(a) of this section that the person is	61554
required~~, as applicable,~~ to submit to a criminal records check ~~for~~	61555
~~final consideration for employment in a full-time, part-time, or~~	61556
~~temporary position; as a condition of continued employment; or~~ as	61557
a condition of ~~becoming or continuing to be~~being an owner,	61558
officer, or board member ~~or owner~~ of athe provider or applicant;	61559

(b) Inform each person specified under division (E)(1)(b) of	61560
this section that the person is subject to division (C)(3) of this	61561
section.	61562

~~(D)~~(F)(1) If a provider or applicant to be a provider is a	61563
person subject to athe criminal records check ~~under this section~~	61564
requirement, the department or the department's designee shall	61565
require the conduct of a criminal records check by the	61566
superintendent of the bureau of criminal identification and	61567
~~investigation. If a provider or applicant to be a provider for~~	61568
~~whom a criminal records check is required does not present proof~~	61569
~~of having been a resident of this state for the five-year period~~	61570
~~immediately prior to the date the criminal records check is~~	61571
~~requested or provide evidence that within that five-year period~~	61572
~~the superintendent has requested information about the individual~~	61573
~~from the federal bureau of investigation in a criminal records~~	61574
~~check, the department shall require the provider or applicant to~~	61575
~~request that the superintendent obtain information from the~~	61576
~~federal bureau of investigation as part of the criminal records~~	61577
~~check of the provider or applicant. Even if a provider or~~	61578
~~applicant for whom a criminal records check request is required~~	61579
~~presents proof of having been a resident of this state for the~~	61580
~~five-year period, the department may require that the provider or~~	61581
~~applicant request that the superintendent obtain information from~~	61582
~~the federal bureau of investigation and include it in the criminal~~	61583
~~records check of the provider or applicant.~~	61584

~~(2)~~investigation. A provider or applicant to be a provider	61585
shall require the conduct of a criminal records check by the	61586
superintendent with respect to each of the persons specified by	61587
~~the department~~ under division ~~(C)(1)~~(E)(1)(a) of this section. If	61588
~~the person for whom a criminal records check is required does not~~	61589
~~present proof of having been a resident of this state for the~~	61590
~~five-year period immediately prior to the date the criminal~~	61591
~~records check is requested or provide evidence that within that~~	61592
~~five-year period the superintendent of the bureau of criminal~~	61593
~~identification and investigation has requested information about~~	61594
~~the individual from the federal bureau of investigation in a~~	61595
~~criminal records check, the individual shall request that the~~	61596
~~superintendent obtain information from the federal bureau of~~	61597
~~investigation as part of the criminal records check of the~~	61598
~~individual. Even if an individual for whom a criminal records~~	61599
~~check request is required presents proof of having been a resident~~	61600
~~of this state for the five-year period, the department may require~~	61601
~~the provider to request that the superintendent obtain information~~	61602
~~from the federal bureau of investigation and include it in the~~	61603
~~criminal records check of the person.~~With respect to each	61604
employee and prospective employee specified under division	61605
(E)(1)(b) of this section, a provider or applicant to be a	61606
provider shall do the following:	61607

(a) If rules adopted under this section require the provider	61608
or applicant to conduct a database review to determine whether the	61609
employee or prospective employee is included in a database,	61610
conduct the database review in accordance with the rules;	61611

(b) Unless the provider or applicant is prohibited by	61612
division (D)(3)(b) of this section from employing the employee or	61613
prospective employee, require the conduct of a criminal records	61614
check of the employee or prospective employee by the	61615
superintendent.	61616

(2) If a person subject to the criminal records check	61617
requirement does not present proof of having been a resident of	61618
this state for the five-year period immediately prior to the date	61619
the criminal records check is requested or provide evidence that	61620
within that five-year period the superintendent has requested	61621
information about the person from the federal bureau of	61622
investigation in a criminal records check, the responsible entity	61623
shall require the person to request that the superintendent obtain	61624
information from the federal bureau of investigation as part of	61625
the criminal records check of the person. Even if the person	61626
presents proof of having been a resident of this state for the	61627
five-year period, the responsible entity may require that the	61628
person request that the superintendent obtain information from the	61629
federal bureau of investigation and include it in the criminal	61630
records check of the person.	61631

~~(E)(1)~~(G) Criminal records checks required ~~under~~by this	61632
section ~~for providers or applicants to be providers~~ shall be	61633
obtained as follows:	61634

~~(a)~~(1) The ~~department~~responsible entity shall provide each	61635
~~provider or applicant~~person subject to the criminal records check	61636
requirement information about accessing and completing the form	61637
prescribed pursuant to division (C)(1) of section 109.572 of the	61638
Revised Code and the standard ~~fingerprint~~ impression sheet	61639
prescribed pursuant to division (C)(2) of that section.	61640

~~(b)~~(2) The ~~provider or applicant~~person subject to the	61641
criminal records check requirement shall submit the required form	61642
and one complete set of the person's fingerprint impressions	61643
directly to the superintendent for purposes of conducting the	61644
criminal records check using the applicable methods prescribed by	61645
division (C) of section 109.572 of the Revised Code. The ~~applicant~~	61646
~~or provider~~person shall pay all fees associated with obtaining	61647
the criminal records check.	61648

~~(c)~~(3) The superintendent shall conduct the criminal records	61649
check in accordance with section 109.572 of the Revised Code. The	61650
~~provider or applicant~~person subject to the criminal records check	61651
requirement shall instruct the superintendent to submit the report	61652
of the criminal records check directly to the ~~director of job and~~	61653
~~family services.~~	61654

~~(2) Criminal records checks required under this section for~~	61655
~~persons specified by the department under division (C)(1) of this~~	61656
~~section shall be obtained as follows:~~	61657

~~(a) The provider shall give to each person subject to~~	61658
~~criminal records check requirement information about accessing and~~	61659
~~completing the form prescribed pursuant to division (C)(1) of~~	61660
~~section 109.572 of the Revised Code and the standard fingerprint~~	61661
~~impression sheet prescribed pursuant to division (C)(2) of that~~	61662
~~section.~~	61663

~~(b) The person shall submit the required form and one~~	61664
~~complete set of fingerprint impressions directly to the~~	61665
~~superintendent for purposes of conducting the criminal records~~	61666
~~check using the applicable methods prescribed by division (C) of~~	61667
~~section 109.572 of the Revised Code. The person shall pay all fees~~	61668
~~associated with obtaining the criminal records check.~~	61669

~~(c) The superintendent shall conduct the criminal records~~	61670
~~check in accordance with section 109.572 of the Revised Code. The~~	61671
~~person subject to the criminal records check shall instruct the~~	61672
~~superintendent to submit the report of the criminal records check~~	61673
~~directly to the provider~~responsible entity. ~~The~~If the department	61674
or the department's designee is not the responsible entity, the	61675
department or designee may require the ~~provider~~responsible entity	61676
to submit the report to the department or designee.	61677

~~(F) If a provider or applicant to be a provider is given the~~	61678
~~information specified in division (E)(1)(a) of this section but~~	61679
~~fails to obtain a criminal records check, the department shall, as~~	61680
~~applicable, terminate the provider agreement or deny the~~	61681
~~application to be a provider.~~	61682

~~If a person is given the information specified in division~~	61683
~~(E)(2)(a) of this section but fails to obtain a criminal records~~	61684
~~check, the provider shall not, as applicable, permit the person to~~	61685
~~be an employee, owner, officer, or board member of the provider.~~	61686

~~(G) Except as provided in rules adopted under division (J) of~~	61687
~~this section, the department shall terminate the provider~~	61688
~~agreement of a provider or the department shall not issue a~~	61689
~~provider agreement to an applicant if the provider or applicant is~~	61690
~~subject to a criminal records check under this section and the~~	61691
~~provider or applicant has been convicted of, has pleaded guilty~~	61692
~~to, or has been found eligible for intervention in lieu of~~	61693
~~conviction for any of the following, regardless of the date of the~~	61694
~~conviction, the date of entry of the guilty plea, or the date the~~	61695
~~applicant or provider was found eligible for intervention in lieu~~	61696
~~of conviction:~~	61697

~~(1) A violation of section 959.13, 2903.01, 2903.02, 2903.03,~~	61698
~~2903.04, 2903.041, 2903.11, 2903.12, 2903.13, 2903.15, 2903.16,~~	61699
~~2903.21, 2903.211, 2903.22, 2903.34, 2905.01, 2905.02, 2905.05,~~	61700
~~2905.11, 2905.12, 2907.02, 2907.03, 2907.04, 2907.05, 2907.06,~~	61701
~~2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 2907.24,~~	61702
~~2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02,~~	61703
~~2909.03, 2909.04, 2909.05, 2909.22, 2909.23, 2909.24, 2911.01,~~	61704
~~2911.02, 2911.11, 2911.12, 2911.13, 2913.02, 2913.03, 2913.04,~~	61705
~~2913.05, 2913.11, 2913.21, 2913.31, 2913.32, 2913.40, 2913.41,~~	61706
~~2913.42, 2913.43, 2913.44, 2913.441, 2913.45, 2913.46, 2913.47,~~	61707
~~2913.48, 2913.49, 2913.51, 2917.01, 2917.02, 2917.03, 2917.11,~~	61708
~~2917.31, 2919.12, 2919.22, 2919.23, 2919.24, 2919.25, 2921.03,~~	61709
~~2921.11, 2921.13, 2921.34, 2921.35, 2921.36, 2923.01, 2923.02,~~	61710
~~2923.03, 2923.12, 2923.13, 2923.161, 2923.32, 2925.02, 2925.03,~~	61711
~~2925.04, 2925.05, 2925.06, 2925.11, 2925.13, 2925.14, 2925.22,~~	61712
~~2925.23, 2927.12, or 3716.11 of the Revised Code, felonious sexual~~	61713
~~penetration in violation of former section 2907.12 of the Revised~~	61714
~~Code, a violation of section 2905.04 of the Revised Code as it~~	61715
~~existed prior to July 1, 1996, a violation of section 2919.23 of~~	61716
~~the Revised Code that would have been a violation of section~~	61717
~~2905.04 of the Revised Code as it existed prior to July 1, 1996,~~	61718
~~had the violation been committed prior to that date;~~	61719

~~(2) A violation of an existing or former municipal ordinance~~	61720
~~or law of this state, any other state, or the United States that~~	61721
~~is substantially equivalent to any of the offenses listed in~~	61722
~~division (G)(1) of this section.~~	61723

~~(H)(1)(a) Except as provided in rules adopted under division~~	61724
~~(J) of this section and subject to division (H)(2) of this~~	61725
~~section, no provider shall permit a person to be an employee,~~	61726
~~owner, officer, or board member of the provider if the person is~~	61727
~~subject to a criminal records check under this section and the~~	61728
~~person has been convicted of, has pleaded guilty to, or has been~~	61729
~~found eligible for intervention in lieu of conviction for any of~~	61730
~~the offenses specified in division (G)(1) or (2) of this section.~~	61731

~~(b) No provider shall employ a person who has been excluded~~	61732
~~from participating in the medicaid program, the medicare program~~	61733
~~operated pursuant to Title XVIII of the "Social Security Act," or~~	61734
~~any other federal health care program.~~	61735

~~(2)(a)~~(H)(1) A provider or applicant to be a provider may	61736
employ conditionally a person for whom a criminal records check is	61737
required ~~under~~by this section prior to obtaining the results of a	61738
the criminal records check ~~regarding the person, but only~~ if ~~the~~	61739
both of the following apply:	61740

(a) The provider or applicant is not prohibited by division	61741
(D)(3)(b) of this section from employing the person.	61742

(b) The person submits a request for athe criminal records	61743
check not later than five business days after the ~~individual~~	61744
person begins conditional employment.	61745

~~(b)~~(2) A provider or applicant to be a provider that employs	61746
a person conditionally under ~~authority of~~ division (H)~~(2)(a)~~(1)	61747
of this section shall terminate the person's employment if the	61748
results of the criminal records check request are not obtained	61749
within the period ending sixty days after the date the request is	61750
made. Regardless of when the results of the criminal records check	61751
are obtained, if the results indicate that the ~~individual~~person	61752
has been convicted of, has pleaded guilty to, or has been found	61753
eligible for intervention in lieu of conviction for ~~any of the~~	61754
~~offenses specified in division (G)(1) or (2) of this section~~a	61755
disqualifying offense, the provider or applicant shall terminate	61756
the person's employment unless circumstances specified in rules	61757
adopted under this section exist that permit the provider or	61758
applicant to employ the person and the provider or applicant	61759
chooses to employ the ~~individual pursuant to division (J) of this~~	61760
~~section~~person.	61761

(I) The report of a criminal records check conducted pursuant	61762
to this section is not a public record for the purposes of section	61763
149.43 of the Revised Code and shall not be made available to any	61764
person other than the following:	61765

(1) The person who is the subject of the criminal records	61766
check or the person's representative;	61767

(2) The director of job and family services and the staff of	61768
the department in the administration of the medicaid program;	61769

(3) The department's designee;

61770

(4) The provider or applicant to be a provider who required	61771
the person who is the subject of the criminal records check to	61772
submit to the criminal records check;	61773

(5) A court, hearing officer, or other necessary individual	61774
involved in a case dealing with ~~the~~any of the following:	61775

(a) The denial or termination of a medicaid provider	61776
agreement;	61777

~~(4) A court, hearing officer, or other necessary individual~~	61778
~~involved in a case dealing with a~~(b) A person's denial of	61779
employment, termination of employment, or employment or	61780
unemployment benefits;	61781

(c) A civil or criminal action regarding the medicaid	61782
program.	61783

(J) The ~~department~~director of job and family services may	61784
adopt rules in accordance with Chapter 119. of the Revised Code to	61785
implement this section. If the director adopts such rules, the	61786
rules shall designate the times at which a criminal records check	61787
must be conducted under this section. The rules may ~~specify~~do	61788
any of the following:	61789

(1) Designate the categories of persons who are subject to a	61790
criminal records check under this section;	61791

(2) Specify circumstances under which the department or the	61792
department's designee may continue a medicaid provider agreement	61793
or issue a medicaid provider agreement to an applicant when the	61794
provider or applicant ~~has~~is found by a criminal records check to	61795
have been convicted of, ~~has~~ pleaded guilty to, or ~~has~~ been found	61796
eligible for intervention in lieu of conviction for ~~any of the~~	61797
~~offenses specified in division (G)(1) or (2) of this section. The~~	61798
~~rules may also specify~~a disqualifying offense;	61799

(3) Specify circumstances under which a provider or applicant	61800
to be a provider may permit a person to be an employee, owner,	61801
officer, or board member of the provider or applicant, when the	61802
person ~~has~~is found by a criminal records check conducted	61803
pursuant to this section to have been convicted of, ~~has~~ pleaded	61804
guilty to, or ~~has~~ been found eligible for intervention in lieu of	61805
conviction for ~~any of the offenses specified in division (G)(1) or~~	61806
~~(2) of this section~~a disqualifying offense;	61807

(4) Specify all of the following:

61808

(a) The circumstances under which a database review must be	61809
conducted under division (F)(1)(a) of this section to determine	61810
whether an employee or prospective employee of a provider or	61811
applicant to be a provider is included in a database;	61812

(b) The procedures for conducting the database review;

61813

61814

(d) The circumstances under which a provider or applicant to	61815
be a provider is prohibited from employing a person who is found	61816
by the database review to be included in a database.	61817

Sec. 5111.033. (A) As used in this section:

61818

~~(1)~~ "Applicant" means a person who is under final	61819
consideration for employment ~~or, after September 26, 2003, an~~	61820
~~existing employee~~ with a waiver agency in a full-time, part-time,	61821
or temporary position that involves providing home and	61822
community-based ~~waiver~~ services ~~to a person with disabilities~~.	61823
~~"Applicant" also means an existing employee with a waiver agency~~	61824
~~in a full-time, part-time, or temporary position that involves~~	61825
~~providing home and community-based waiver services to a person~~	61826
~~with disabilities after September 26, 2003~~.	61827

~~(2)~~ "Criminal records check" has the same meaning as in	61828
section 109.572 of the Revised Code.	61829

~~(3) "Waiver agency" means a person or government entity that~~	61830
~~is not certified under the medicare program and is accredited by~~	61831
~~the community health accreditation program or the joint commission~~	61832
~~on accreditation of health care organizations or a company that~~	61833
~~provides home and community-based waiver services to persons with~~	61834
~~disabilities through department of job and family services~~	61835
~~administered home and community-based waiver programs.~~	61836

~~(4) "Home~~"Disqualifying offense" has the same meaning as in	61837
section 5111.032 of the Revised Code.	61838

"Employee" means a person employed by a waiver agency in a	61839
full-time, part-time, or temporary position that involves	61840
providing home and community-based services.	61841

"Home and community-based ~~waiver~~ services medicaid waiver	61842
component" ~~means services furnished under the provision of 42~~	61843
~~C.F.R. 441, subpart G, that permit individuals to live in a home~~	61844
~~setting rather than a nursing facility or hospital~~has the same	61845
meaning as in section 5111.85 of the Revised Code. ~~Home and~~	61846
~~community-based waiver services are approved by the centers for~~	61847
~~medicare and medicaid for specific populations and are not~~	61848
~~otherwise available under the medicaid state plan.~~	61849

"Waiver agency" means a person or government entity that	61850
provides home and community-based services under a home and	61851
community-based services medicaid waiver component administered by	61852
the department of job and family services, other than such a	61853
person or government entity that is certified under the medicare	61854
program. "Waiver agency" does not mean an independent provider as	61855
defined in section 5111.034 of the Revised Code.	61856

(B) No waiver agency shall employ an applicant or continue to	61857
employ an employee in a position that involves providing home and	61858
community-based services if any of the following apply:	61859

(1) A review of the databases listed in division (D) of this	61860
section reveals any of the following:	61861

(a) That the applicant or employee is included in one or more	61862
of the databases listed in divisions (D)(1) to (5) of this	61863
section;	61864

(b) That there is in the state nurse aide registry	61865
established under section 3721.32 of the Revised Code a statement	61866
detailing findings by the director of health that the applicant or	61867
employee neglected or abused a long-term care facility or	61868
residential care facility resident or misappropriated property of	61869
such a resident;	61870

(c) That the applicant or employee is included in one or more	61871
of the databases, if any, specified in rules adopted under this	61872
section and the rules prohibit the waiver agency from employing an	61873
applicant or continuing to employ an employee included in such a	61874
database in a position that involves providing home and	61875
community-based services.	61876

(2) After the applicant or employee is given the information	61877
and notification required by divisions (E)(2)(a) and (b) of this	61878
section, the applicant or employee fails to do either of the	61879
following:	61880

(a) Access, complete, or forward to the superintendent of the	61881
bureau of criminal identification and investigation the form	61882
prescribed to division (C)(1) of section 109.572 of the Revised	61883
Code or the standard impression sheet prescribed pursuant to	61884
division (C)(2) of that section;	61885

(b) Instruct the superintendent to submit the completed	61886
report of the criminal records check required by this section	61887
directly to the chief administrator of the waiver agency.	61888

(3) Except as provided in rules adopted under this section,	61889
the applicant or employee is found by a criminal records check	61890
required by this section to have been convicted of, pleaded guilty	61891
to, or been found eligible for intervention in lieu of conviction	61892
for a disqualifying offense, regardless of the date of the	61893
conviction, date of entry of the guilty plea, or the date the	61894
applicant or employee was found eligible for intervention in lieu	61895
of conviction.	61896

(C) At the time of each applicant's initial application for	61897
employment in a position that involves providing home and	61898
community-based services, the chief administrator of a waiver	61899
agency shall inform the applicant of both of the following:	61900

(1) That a review of the databases listed in division (D) of	61901
this section will be conducted to determine whether the waiver	61902
agency is prohibited by division (B)(1) of this section from	61903
employing the applicant in the position;	61904

(2) That, unless the database review reveals that the	61905
applicant may not be employed in the position, a criminal records	61906
check of the applicant will be conducted and the applicant is	61907
required to provide a set of the applicant's fingerprint	61908
impressions as part of the criminal records check.	61909

(D) As a condition of employing any applicant in a position	61910
that involves providing home and community-based services, the	61911
chief administrator of a waiver agency shall conduct a database	61912
review of the applicant in accordance with rules adopted under	61913
this section. If rules adopted under this section so require, the	61914
chief administrator of a waiver agency shall conduct a database	61915
review of an employee in accordance with the rules as a condition	61916
of continuing to employ the employee in a position that involves	61917
providing home and community-based services. A database review	61918
shall determine whether the applicant or employee is included in	61919
any of the following:	61920

(1) The excluded parties list system maintained by the United	61921
States general services administration pursuant to subpart 9.4 of	61922
the federal acquisition regulation;	61923

(2) The list of excluded individuals and entities maintained	61924
by the office of inspector general in the United States department	61925
of health and human services pursuant to section 1128 of the	61926
"Social Security Act," 94 Stat. 2619 (1980), 42 U.S.C. 1320a-7, as	61927
amended, and section 1156 of the "Social Security Act," 96 Stat.	61928
388 (1982), 42 U.S.C. 1320c-5, as amended;	61929

(3) The registry of MR/DD employees established under section	61930
5123.52 of the Revised Code;	61931

(4) The internet-based sex offender and child-victim offender	61932
database established under division (A)(11) of section 2950.13 of	61933
the Revised Code;	61934

(5) The internet-based database of inmates established under	61935
section 5120.66 of the Revised Code;	61936

(6) The state nurse aide registry established under section	61937
3721.32 of the Revised Code;	61938

(7) Any other database, if any, specified in rules adopted	61939
under this section.	61940

(E)(1) ~~The~~As a condition of employing any applicant in a	61941
position that involves providing home and community-based	61942
services, the chief administrator of a waiver agency shall require	61943
~~each~~the applicant to request that the superintendent of the	61944
bureau of criminal identification and investigation conduct a	61945
criminal records check ~~with respect to~~of the applicant. If rules	61946
adopted under this section so require, the chief administrator of	61947
a waiver agency shall require an employee to request that the	61948
superintendent conduct a criminal records check of the employee at	61949
times specified in the rules as a condition of continuing to	61950
employ the employee in a position that involves providing home and	61951
community-based services. However, a criminal records check is not	61952
required for an applicant or employee if the waiver agency is	61953
prohibited by division (B)(1) of this section from employing the	61954
applicant or continuing to employ the employee in a position that	61955
involves providing home and community-based services. If an	61956
applicant or employee for whom a criminal records check request is	61957
required ~~under this division~~by this section does not present	61958
proof of having been a resident of this state for the five-year	61959
period immediately prior to the date the criminal records check is	61960
requested or provide evidence that within that five-year period	61961
the superintendent has requested information about the applicant	61962
or employee from the federal bureau of investigation in a criminal	61963
records check, the chief administrator shall require the applicant	61964
or employee to request that the superintendent obtain information	61965
from the federal bureau of investigation as part of the criminal	61966
records check ~~of the applicant~~. Even if an applicant or employee	61967
for whom a criminal records check request is required ~~under this~~	61968
~~division~~by this section presents proof of having been a resident	61969
of this state for the five-year period, the chief administrator	61970
may require the applicant or employee to request that the	61971
superintendent include information from the federal bureau of	61972
investigation in the criminal records check.	61973

(2) The chief administrator shall provide the following to	61974
each applicant and employee for whom a criminal records check	61975
~~request~~ is required ~~under division (B)(1) of~~by this section:	61976

(a) Information about accessing, completing, and forwarding	61977
to the superintendent of the bureau of criminal identification and	61978
investigation the form prescribed pursuant to division (C)(1) of	61979
section 109.572 of the Revised Code and the standard ~~fingerprint~~	61980
impression sheet prescribed pursuant to division (C)(2) of that	61981
section;	61982

(b) Written notification that the applicant or employee is to	61983
instruct the superintendent to submit the completed report of the	61984
criminal records check directly to the chief administrator.	61985

(3) ~~An applicant given information and notification under~~	61986
~~divisions (B)(2)(a) and (b) of this section who fails to access,~~	61987
~~complete, and forward to the superintendent the form or the~~	61988
~~standard fingerprint impression sheet, or who fails to instruct~~	61989
~~the superintendent to submit the completed report of the criminal~~	61990
~~records check directly to the chief administrator, shall not be~~	61991
~~employed in any position in a waiver agency for which a criminal~~	61992
~~records check is required by this section.~~A waiver agency shall	61993
pay to the bureau of criminal identification and investigation the	61994
fee prescribed pursuant to division (C)(3) of section 109.572 of	61995
the Revised Code for any criminal records check required by this	61996
section. However, a waiver agency may require an applicant to pay	61997
to the bureau the fee for a criminal records check of the	61998
applicant. If the waiver agency pays the fee for an applicant, it	61999
may charge the applicant a fee not exceeding the amount the waiver	62000
agency pays to the bureau under this section if the waiver agency	62001
notifies the applicant at the time of initial application for	62002
employment of the amount of the fee and that, unless the fee is	62003
paid, the applicant will not be considered for employment.	62004

~~(C)(1) Except as provided in rules adopted by the department~~	62005
~~of job and family services in accordance with division (F) of this~~	62006
~~section and subject to division (C)(2) of this section, no waiver~~	62007
~~agency shall employ a person in a position that involves providing~~	62008
~~home and community-based waiver services to persons with~~	62009
~~disabilities if the person has been convicted of, has pleaded~~	62010
~~guilty to, or has been found eligible for intervention in lieu of~~	62011
~~conviction for any of the following, regardless of the date of the~~	62012
~~conviction, the date of entry of the guilty plea, or the date the~~	62013
~~person was found eligible for intervention in lieu of conviction:~~	62014

~~(a) A violation of section 959.13, 2903.01, 2903.02, 2903.03,~~	62015
~~2903.04, 2903.041, 2903.11, 2903.12, 2903.13, 2903.15, 2903.16,~~	62016
~~2903.21, 2903.211, 2903.22, 2903.34, 2905.01, 2905.02, 2905.05,~~	62017
~~2905.11, 2905.12, 2907.02, 2907.03, 2907.04, 2907.05, 2907.06,~~	62018
~~2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 2907.24,~~	62019
~~2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02,~~	62020
~~2909.03, 2909.04, 2909.05, 2909.22, 2909.23, 2909.24, 2911.01,~~	62021
~~2911.02, 2911.11, 2911.12, 2911.13, 2913.02, 2913.03, 2913.04,~~	62022
~~2913.05, 2913.11, 2913.21, 2913.31, 2913.32, 2913.40, 2913.41,~~	62023
~~2913.42, 2913.43, 2913.44, 2913.441, 2913.45, 2913.46, 2913.47,~~	62024
~~2913.48, 2913.49, 2913.51, 2917.01, 2917.02, 2917.03, 2917.11,~~	62025
~~2917.31, 2919.12, 2919.22, 2919.23, 2919.24, 2919.25, 2921.03,~~	62026
~~2921.11, 2921.13, 2921.34, 2921.35, 2921.36, 2923.01, 2923.02,~~	62027
~~2923.03, 2923.12, 2923.13, 2923.161, 2923.32, 2925.02, 2925.03,~~	62028
~~2925.04, 2925.05, 2925.06, 2925.11, 2925.13, 2925.14, 2925.22,~~	62029
~~2925.23, 2927.12, or 3716.11 of the Revised Code, felonious sexual~~	62030
~~penetration in violation of former section 2907.12 of the Revised~~	62031
~~Code, a violation of section 2905.04 of the Revised Code as it~~	62032
~~existed prior to July 1, 1996, a violation of section 2919.23 of~~	62033
~~the Revised Code that would have been a violation of section~~	62034
~~2905.04 of the Revised Code as it existed prior to July 1, 1996,~~	62035
~~had the violation been committed prior to that date;~~	62036

~~(b) A violation of an existing or former municipal ordinance~~	62037
~~or law of this state, any other state, or the United States that~~	62038
~~is substantially equivalent to any of the offenses listed in~~	62039
~~division (C)(1)(a) of this section.~~	62040

~~(2)(a)~~(F)(1) A waiver agency may employ conditionally an	62041
applicant for whom a criminal records check ~~request~~ is required	62042
~~under division (B) of~~by this section prior to obtaining the	62043
results of athe criminal records check ~~regarding the individual,~~	62044
~~provided that the~~if both of the following apply:	62045

(a) The waiver agency is not prohibited by division (B)(1) of	62046
this section from employing the applicant in a position that	62047
involves providing home and community-based services.	62048

(b) The chief administrator of the waiver agency ~~shall~~	62049
~~require~~requires the ~~individual~~applicant to request a criminal	62050
records check regarding the ~~individual~~applicant in accordance	62051
with division ~~(B)~~(E)(1) of this section not later than five	62052
business days after the ~~individual~~applicant begins conditional	62053
employment.	62054

~~(b)~~(2) A waiver agency that employs an ~~individual~~applicant	62055
conditionally under ~~authority of~~ division ~~(C)(2)(a)~~(F)(1) of this	62056
section shall terminate the ~~individual's~~applicant's employment if	62057
the results of the criminal records check ~~request under division~~	62058
~~(B) of this section~~, other than the results of any request for	62059
information from the federal bureau of investigation, are not	62060
obtained within the period ending sixty days after the date the	62061
request for the criminal records check is made. Regardless of when	62062
the results of the criminal records check are obtained, if the	62063
results indicate that the ~~individual~~applicant has been convicted	62064
of, has pleaded guilty to, or has been found eligible for	62065
intervention in lieu of conviction for ~~any of the offenses listed~~	62066
~~or described in division (C)(1) of this section~~a disqualifying	62067
offense, the waiver agency shall terminate the ~~individual's~~	62068
applicant's employment unless circumstances specified in rules	62069
adopted under this section exist that permit the waiver agency to	62070
employ the applicant and the waiver agency chooses to employ the	62071
~~individual pursuant to division (F) of this section~~applicant.	62072

~~(D)(1) The fee prescribed pursuant to division (C)(3) of~~	62073
~~section 109.572 of the Revised Code for each criminal records~~	62074
~~check conducted pursuant to a request made under division (B) of~~	62075
~~this section shall be paid to the bureau of criminal~~	62076
~~identification and investigation by the applicant or the waiver~~	62077
~~agency.~~	62078

~~(2) If a waiver agency pays the fee, it may charge the~~	62079
~~applicant a fee not exceeding the amount the agency pays under~~	62080
~~division (D)(1) of this section. An agency may collect a fee only~~	62081
~~if the agency notifies the person at the time of initial~~	62082
~~application for employment of the amount of the fee and that,~~	62083
~~unless the fee is paid, the person will not be considered for~~	62084
~~employment.~~	62085

~~(E)~~(G) The report of any criminal records check conducted	62086
pursuant to a request made under this section is not a public	62087
record for the purposes of section 149.43 of the Revised Code and	62088
shall not be made available to any person other than the	62089
following:	62090

(1) The ~~individual~~applicant or employee who is the subject	62091
of the criminal records check or the ~~individual's~~ representative	62092
of the applicant or employee;	62093

(2) The chief administrator of the waiver agency ~~requesting~~	62094
that requires the applicant or employee to request the criminal	62095
records check or the administrator's representative;	62096

(3) ~~An administrator at~~The director of job and family	62097
services and the staff of the department in the administration of	62098
the medicaid program;	62099

(4) A court, hearing officer, or other necessary individual	62100
involved in a case dealing with aany of the following:	62101

(a) A denial of employment of the applicant or ~~dealing with~~	62102
~~employment~~employee;	62103

(b) Employment or unemployment benefits of the applicant or	62104
employee;	62105

(c) A civil or criminal action regarding the medicaid	62106
program.	62107

~~(F)~~(H) The ~~department~~director of job and family services	62108
shall adopt rules in accordance with Chapter 119. of the Revised	62109
Code to implement this section. ~~The~~	62110

(1) The rules may do the following:

62111

(a) Require employees to undergo database reviews and	62112
criminal records checks under this section;	62113

(b) If the rules require employees to undergo database	62114
reviews and criminal records checks under this section, exempt one	62115
or more classes of employees from the requirements;	62116

(c) For the purpose of division (D)(7) of this section,	62117
specify other databases that are to be checked as part of a	62118
database review conducted under this section.	62119

(2) The rules shall specify all of the following:

62120

(a) The procedures for conducting a database review under	62121
this section;	62122

(b) If the rules require employees to undergo database	62123
reviews and criminal records checks under this section, the times	62124
at which the database reviews and criminal records checks are to	62125
be conducted;	62126

(c) If the rules specify other databases to be checked as	62127
part of a database review, the circumstances under which a waiver	62128
agency is prohibited from employing an applicant or continuing to	62129
employ an employee who is found by the database review to be	62130
included in one or more of those databases;	62131

(d) The circumstances under which a waiver agency may employ	62132
~~a person~~an applicant or employee who ~~has~~is found by a criminal	62133
records check required by this section to have been convicted of,	62134
~~has~~ pleaded guilty to, or ~~has~~ been found eligible for intervention	62135
in lieu of conviction for ~~an offense listed or described in~~	62136
~~division (C)(1) of this section~~a disqualifying offense.	62137

~~(G) The chief administrator of a waiver agency shall inform~~	62138
~~each person, at the time of initial application for a position~~	62139
~~that involves providing home and community-based waiver services~~	62140
~~to a person with a disability, that the person is required to~~	62141
~~provide a set of fingerprint impressions and that a criminal~~	62142
~~records check is required to be conducted if the person comes~~	62143
~~under final consideration for employment.~~	62144

~~(H)(1) A person who, on September 26, 2003, is an employee of~~	62145
~~a waiver agency in a full-time, part-time, or temporary position~~	62146
~~that involves providing home and community-based waiver services~~	62147
~~to a person with disabilities shall comply with this section~~	62148
~~within sixty days after September 26, 2003, unless division (H)(2)~~	62149
~~of this section applies.~~	62150

~~(2) This section shall not apply to a person to whom all of~~	62151
~~the following apply:~~	62152

~~(a) On September 26, 2003, the person is an employee of a~~	62153
~~waiver agency in a full-time, part-time, or temporary position~~	62154
~~that involves providing home and community-based waiver services~~	62155
~~to a person with disabilities.~~	62156

~~(b) The person previously had been the subject of a criminal~~	62157
~~background check relating to that position;~~	62158

~~(c) The person has been continuously employed in that~~	62159
~~position since that criminal background check had been conducted.~~	62160

(I) The amendments made by ...B... to this section do not	62161
preclude the department of job and family services from taking	62162
action against a person for failure to comply with former division	62163
(H) of this section as that division existed on the day preceding	62164
the effective date of this amendment.	62165

Sec. 5111.034. (A) As used in this section:

62166

~~(1)~~ "Anniversary date" means the later of the effective date	62167
of the provider agreement relating to the independent provider or	62168
sixty days after September 26, 2003.	62169

~~(2) "Criminal~~"Applicant" means a person who has applied for	62170
a medicaid provider agreement to provide home and community-based	62171
services as an independent provider under a home and	62172
community-based medicaid waiver component administered by the	62173
department of job and family services.	62174

"Criminal records check" has the same meaning as in section	62175
109.572 of the Revised Code.	62176

~~(3) "Department" includes a designee of the department of job~~	62177
~~and family services.~~	62178

~~(4) "Independent~~"Disqualifying offense" has the same meaning	62179
as in section 5111.032 of the Revised Code.	62180

"Independent provider" means a person who ~~is submitting an~~	62181
~~application for a provider agreement or who~~ has a medicaid	62182
provider agreement to provide home and community-based services as	62183
an independent provider in a home and community-based services	62184
medicaid waiver component administered by the department of job	62185
and family services ~~administered home and community-based services~~	62186
~~program providing home and community-based waiver services to~~	62187
~~consumers with disabilities~~.	62188

~~(5)~~ "Home and community-based ~~waiver~~ services medicaid waiver	62189
component" has the same meaning as in section ~~5111.033~~5111.85 of	62190
the Revised Code.	62191

(B) The department of job and family services or the	62192
department's designee shall deny an applicant's application for a	62193
medicaid provider agreement and shall terminate an independent	62194
provider's medicaid provider agreement if either of the following	62195
applies:	62196

(1) After the applicant or independent provider is given the	62197
information and notification required by divisions (D)(2)(a) and	62198
(b) of this section, the applicant or independent provider fails	62199
to do either of the following:	62200

(a) Access, complete, or forward to the superintendent of the	62201
bureau of criminal identification and investigation the form	62202
prescribed pursuant to division (C)(1) of section 109.572 of the	62203
Revised Code or the standard impression sheet prescribed pursuant	62204
to division (C)(2) of that section;	62205

(b) Instruct the superintendent to submit the completed	62206
report of the criminal records check required by this section	62207
directly to the department or the department's designee.	62208

(2) Except as provided in rules adopted under this section,	62209
the applicant or independent provider is found by a criminal	62210
records check required by this section to have been convicted of,	62211
pleaded guilty to, or been found eligible for intervention in lieu	62212
of conviction for a disqualifying offense, regardless of the date	62213
of the conviction, the date of entry of the guilty plea, or the	62214
date the applicant or independent provider was found eligible for	62215
intervention in lieu of conviction.	62216

(C)(1) The department ~~of job and family services~~or the	62217
department's designee shall inform each ~~independent provider~~	62218
applicant, at the time of initial application for a medicaid	62219
provider agreement ~~that involves providing home and~~	62220
~~community-based waiver services to consumers with disabilities~~,	62221
that the ~~independent provider~~applicant is required to provide a	62222
set of the applicant's fingerprint impressions and that a criminal	62223
records check is required to be conducted ~~if the person is to~~	62224
~~become an independent provider in adepartment administered home~~	62225
~~and community-based waiver program~~as a condition of the	62226
department's approving the application.	62227

(2) Beginning on September 26, 2003, the department or the	62228
department's designee shall inform each ~~enrolled medicaid~~	62229
independent provider on or before the time of the anniversary date	62230
of the medicaid provider agreement ~~that involves providing home~~	62231
~~and community-based waiver services to consumers with disabilities~~	62232
that the independent provider is required to provide a set of the	62233
independent provider's fingerprint impressions and that a criminal	62234
records check is required to be conducted.	62235

~~(C)~~(D)(1) The department or the department's designee shall	62236
require ~~the independent provider~~an applicant to complete a	62237
criminal records check prior to entering into a medicaid provider	62238
agreement with the ~~independent provider and~~applicant. The	62239
department or the department's designee shall require an	62240
independent provider to complete a criminal records check at least	62241
annually ~~thereafter~~. If an applicant or independent provider for	62242
whom a criminal records check is required ~~under this division~~by	62243
this section does not present proof of having been a resident of	62244
this state for the five-year period immediately prior to the date	62245
the criminal records check is requested or provide evidence that	62246
within that five-year period the superintendent of the bureau of	62247
criminal identification and investigation has requested	62248
information about the applicant or independent provider from the	62249
federal bureau of investigation in a criminal records check, the	62250
department or the department's designee shall request that the	62251
applicant or independent provider obtain through the	62252
superintendent a criminal records request from the federal bureau	62253
of investigation as part of the criminal records check of the	62254
applicant or independent provider. Even if an applicant or	62255
independent provider for whom a criminal records check request is	62256
required ~~under this division~~by this section presents proof of	62257
having been a resident of this state for the five-year period, the	62258
department or the department's designee may request that the	62259
applicant or independent provider obtain information through the	62260
superintendent from the federal bureau of investigation in the	62261
criminal records check.	62262

(2) The department or the department's designee shall provide	62263
the following to each applicant and independent provider for whom	62264
a criminal records check ~~request~~ is required ~~under division (C)(1)~~	62265
ofby this section:	62266

(a) Information about accessing, completing, and forwarding	62267
to the superintendent of the bureau of criminal identification and	62268
investigation the form prescribed pursuant to division (C)(1) of	62269
section 109.572 of the Revised Code and the standard ~~fingerprint~~	62270
impression sheet prescribed pursuant to division (C)(2) of that	62271
section;	62272

(b) Written notification that the applicant or independent	62273
provider is to instruct the superintendent to submit the completed	62274
report of the criminal records check directly to the department or	62275
the department's designee.	62276

(3) ~~An independent provider given information and~~	62277
~~notification under divisions (C)(2)(a) and (b) of this section who~~	62278
~~fails to access, complete, and forward to the superintendent the~~	62279
~~form or the standard fingerprint impression sheet, or who fails to~~	62280
~~instruct the superintendent to submit the completed report of the~~	62281
~~criminal records check directly to the department, shall not be~~	62282
~~approved as an independent provider.~~Each applicant and	62283
independent provider for whom a criminal records check is required	62284
by this section shall pay to the bureau of criminal identification	62285
and investigation the fee prescribed pursuant to division (C)(3)	62286
of section 109.572 of the Revised Code for the criminal records	62287
check conducted of the applicant or independent provider.	62288

~~(D) Except as provided in rules adopted by the department in~~	62289
~~accordance with division (G) of this section, the department shall~~	62290
~~not issue a new provider agreement to, and shall terminate an~~	62291
~~existing provider agreement of, an independent provider if the~~	62292
~~person has been convicted of, has pleaded guilty to, or has been~~	62293
~~found eligible for intervention in lieu of conviction for any of~~	62294
~~the following, regardless of the date of the conviction, the date~~	62295
~~of entry of the guilty plea, or the date the person was found~~	62296
~~eligible for intervention in lieu of conviction:~~	62297

~~(1) A violation of section 959.13, 2903.01, 2903.02, 2903.03,~~	62298
~~2903.04, 2903.041, 2903.11, 2903.12, 2903.13, 2903.15, 2903.16,~~	62299
~~2903.21, 2903.211, 2903.22, 2903.34, 2905.01, 2905.02, 2905.05,~~	62300
~~2905.11, 2905.12, 2907.02, 2907.03, 2907.04, 2907.05, 2907.06,~~	62301
~~2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 2907.24,~~	62302
~~2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02,~~	62303
~~2909.03, 2909.04, 2909.05, 2909.22, 2909.23, 2909.24, 2911.01,~~	62304
~~2911.02, 2911.11, 2911.12, 2911.13, 2913.02, 2913.03, 2913.04,~~	62305
~~2913.05, 2913.11, 2913.21, 2913.31, 2913.32, 2913.40, 2913.41,~~	62306
~~2913.42, 2913.43, 2913.44, 2913.441, 2913.45, 2913.46, 2913.47,~~	62307
~~2913.48, 2913.49, 2913.51, 2917.01, 2917.02, 2917.03, 2917.11,~~	62308
~~2917.31, 2919.12, 2919.22, 2919.23, 2919.24, 2919.25, 2921.03,~~	62309
~~2921.11, 2921.13, 2921.34, 2921.35, 2921.36, 2923.01, 2923.02,~~	62310
~~2923.03, 2923.12, 2923.13, 2923.161, 2923.32, 2925.02, 2925.03,~~	62311
~~2925.04, 2925.05, 2925.06, 2925.11, 2925.13, 2925.14, 2925.22,~~	62312
~~2925.23, 2927.12, or 3716.11 of the Revised Code, felonious sexual~~	62313
~~penetration in violation of former section 2907.12 of the Revised~~	62314
~~Code, a violation of section 2905.04 of the Revised Code as it~~	62315
~~existed prior to July 1, 1996, a violation of section 2919.23 of~~	62316
~~the Revised Code that would have been a violation of section~~	62317
~~2905.04 of the Revised Code as it existed prior to July 1, 1996,~~	62318
~~had the violation been committed prior to that date;~~	62319

~~(2) A violation of an existing or former municipal ordinance~~	62320
~~or law of this state, any other state, or the United States that~~	62321
~~is substantially equivalent to any of the offenses listed in~~	62322
~~division (D)(1) of this section.~~	62323

~~(E) Each independent provider shall pay to the bureau of~~	62324
~~criminal identification and investigation the fee prescribed~~	62325
~~pursuant to division (C)(3) of section 109.572 of the Revised Code~~	62326
~~for each criminal records check conducted pursuant to a request~~	62327
~~made under division (C) of this section.~~	62328

~~(F)~~(E) The report of any criminal records check conducted by	62329
the bureau of criminal identification and investigation in	62330
accordance with section 109.572 of the Revised Code and pursuant	62331
to a request made under ~~division (C) of~~ this section is not a	62332
public record for the purposes of section 149.43 of the Revised	62333
Code and shall not be made available to any person other than the	62334
following:	62335

(1) The person who is the subject of the criminal records	62336
check or the person's representative;	62337

(2) ~~An administrator at~~The director of job and family	62338
services and the staff of the department ~~or the administrator's~~	62339
~~representative~~in the administration of the medicaid program;	62340

(3) The department's designee;

62341

(4) An individual who receives home and community-based	62342
services from the person who is the subject of the criminal	62343
records check;	62344

(5) A court, hearing officer, or other necessary individual	62345
involved in a case dealing with aeither of the following:	62346

(a) A denial or termination of a provider agreement related	62347
to the criminal records check;	62348

(b) A civil or criminal action regarding the medicaid	62349
program.	62350

~~(G)~~(F) The ~~department~~director of job and family services	62351
shall adopt rules in accordance with Chapter 119. of the Revised	62352
Code to implement this section. The rules shall specify	62353
circumstances under which the department or the department's	62354
designee may either ~~issue a provider agreement to an independent~~	62355
~~provider~~approve an applicant's application or allow an	62356
independent provider to maintain an existing medicaid provider	62357
agreement ~~when~~even though the applicant or independent provider	62358
~~has~~is found by a criminal records check required by this section	62359
to have been convicted of, ~~has~~ pleaded guilty to, or ~~has~~ been	62360
found eligible for intervention in lieu of conviction for an	62361
~~offense listed or described in division (D)(1) or (2) of this~~	62362
~~section~~a disqualifying offense.	62363

Sec. 5111.06. (A)(1) As used in this section and in sections	62364
5111.061 and 5111.063 of the Revised Code:	62365

(a) "Provider" means any person, institution, or entity that	62366
furnishes medicaid services under a provider agreement with the	62367
department of job and family services pursuant to Title XIX of the	62368
"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as	62369
amended.	62370

(b) "Party" has the same meaning as in division (G) of	62371
section 119.01 of the Revised Code.	62372

(c) "Adjudication" has the same meaning as in division (D) of	62373
section 119.01 of the Revised Code.	62374

(2) This section does not apply to ~~any~~either of the	62375
following:	62376

(a) Any action taken or decision made by the department of	62377
job and family services with respect to entering into or refusing	62378
to enter into a contract with a managed care organization pursuant	62379
to section 5111.17 of the Revised Code;	62380

(b) Any action taken by the department under ~~sections 5111.16~~	62381
~~to 5111.177 or~~ sections 5111.35 to 5111.62 of the Revised Code.	62382

(B) Except as provided in division (D) of this section and	62383
section 5111.914 of the Revised Code, the department shall do	62384
either of the following by issuing an order pursuant to an	62385
adjudication conducted in accordance with Chapter 119. of the	62386
Revised Code:	62387

(1) Enter into or refuse to enter into a provider agreement	62388
with a provider, or suspend, terminate, renew, or refuse to renew	62389
an existing provider agreement with a provider;	62390

(2) Take any action based upon a final fiscal audit of a	62391
provider.	62392

(C) Any party who is adversely affected by the issuance of an	62393
adjudication order under division (B) of this section may appeal	62394
to the court of common pleas of Franklin county in accordance with	62395
section 119.12 of the Revised Code.	62396

(D) The department is not required to comply with division	62397
(B)(1) of this section whenever any of the following occur:	62398

(1) The terms of a provider agreement require the provider to	62399
hold a license, permit, or certificate or maintain a certification	62400
issued by an official, board, commission, department, division,	62401
bureau, or other agency of state or federal government other than	62402
the department of job and family services, and the license,	62403
permit, certificate, or certification has been denied, revoked,	62404
not renewed, suspended, or otherwise limited.	62405

(2) The terms of a provider agreement require the provider to	62406
hold a license, permit, or certificate or maintain certification	62407
issued by an official, board, commission, department, division,	62408
bureau, or other agency of state or federal government other than	62409
the department of job and family services, and the provider has	62410
not obtained the license, permit, certificate, or certification.	62411

(3) The provider agreement is denied, terminated, or not	62412
renewed due to the termination, refusal to renew, or denial of a	62413
license, permit, certificate, or certification by an official,	62414
board, commission, department, division, bureau, or other agency	62415
of this state other than the department of job and family	62416
services, notwithstanding the fact that the provider may hold a	62417
license, permit, certificate, or certification from an official,	62418
board, commission, department, division, bureau, or other agency	62419
of another state.	62420

(4) The provider agreement is denied, terminated, or not	62421
renewed pursuant to division (C) or (F) of section 5111.03 of the	62422
Revised Code.	62423

(5) The provider agreement is denied, terminated, or not	62424
renewed due to the provider's termination, suspension, or	62425
exclusion from the medicare program established under Title XVIII	62426
of the "Social Security Act" or from another state's medicaid	62427
program and, in either case, the termination, suspension, or	62428
exclusion is binding on the provider's participation in the	62429
medicaid program in this state.	62430

(6) The provider agreement is denied, terminated, or not	62431
renewed due to the provider's pleading guilty to or being	62432
convicted of a criminal activity materially related to either the	62433
medicare or medicaid program.	62434

(7) The provider agreement is denied, terminated, or	62435
suspended as a result of action by the United States department of	62436
health and human services and that action is binding on the	62437
provider's participation in the medicaid program.	62438

(8) Pursuant to either section 5111.031 or 5111.035 of the	62439
Revised Code, the provider agreement is suspended and payments to	62440
the provider are suspended pending indictment of the provider.	62441

(9) The provider agreement is denied, terminated, or not	62442
renewed because the provider or its owner, officer, authorized	62443
agent, associate, manager, or employee has been convicted of one	62444
of the offenses that caused the provider agreement to be suspended	62445
pursuant to section 5111.031 of the Revised Code.	62446

(10) The provider agreement is converted under section	62447
5111.028 of the Revised Code from a provider agreement that is not	62448
time-limited to a provider agreement that is time-limited.	62449

(11) The provider agreement is terminated or an application	62450
for re-enrollment is denied because the provider has failed to	62451
apply for re-enrollment within the time or in the manner specified	62452
for re-enrollment pursuant to section 5111.028 of the Revised	62453
Code.	62454

(12) The provider agreement is suspended or terminated, or an	62455
application for enrollment or re-enrollment is denied, for any	62456
reason authorized or required by one or more of the following: 42	62457
C.F.R. 455.106, 455.23, 455.416, 455.434, or 455.450.	62458

(13) The provider agreement is terminated or not renewed	62459
because the provider has not billed or otherwise submitted a	62460
medicaid claim to the department for two years or longer.	62461

(14) The provider agreement is denied, terminated, or not	62462
renewed because the provider fails to provide to the department	62463
the national provider identifier assigned the provider by the	62464
national provider system pursuant to 45 C.F.R. 162.408.	62465

In the case of a provider described in division (D)(13) or	62466
(14) of this section, the department may take its proposed action	62467
against a provider agreement by sending a notice explaining the	62468
proposed action to the provider. The notice shall be sent to the	62469
provider's address on record with the department. The notice may	62470
be sent by regular mail.	62471

(E) The department may withhold payments for services	62472
rendered by a medicaid provider under the medicaid program during	62473
the pendency of proceedings initiated under division (B)(1) of	62474
this section. If the proceedings are initiated under division	62475
(B)(2) of this section, the department may withhold payments only	62476
to the extent that they equal amounts determined in a final fiscal	62477
audit as being due the state. This division does not apply if the	62478
department fails to comply with section 119.07 of the Revised	62479
Code, requests a continuance of the hearing, or does not issue a	62480
decision within thirty days after the hearing is completed. This	62481
division does not apply to nursing facilities and intermediate	62482
care facilities for the mentally retarded as defined in section	62483
5111.20 of the Revised Code.	62484

Sec. 5111.091. ~~Not later than the first day of each calendar~~	62485
~~quarter~~Semiannually, the director of job and family services	62486
shall submit ~~a report~~ to the president and minority leader of the	62487
senate, speaker and minority leader of the house of	62488
representatives, and the chairpersons of the standing committees	62489
of the senate and house of representatives ~~that hear bills~~with	62490
primary responsibility for legislation making biennial	62491
appropriations a report on the establishment and implementation of	62492
programs designed to control the increase of the cost of the	62493
medicaid program, increase the efficiency of the medicaid program,	62494
and promote better health outcomes. In each calendar year, one	62495
report shall be submitted not later than the last day of June and	62496
the subsequent report shall be submitted not later than the last	62497
day of December.	62498

~~The report shall include information regarding all of the~~	62499
~~following:~~	62500

~~(A) Provider network management;~~

62501

~~(B) Electronic claims submission and payment systems;~~

62502

~~(C) Limited provider contracts and payments based on~~	62503
~~performance;~~	62504

~~(D) Efforts to enforce third party liability;~~

62505

~~(E) Implementation of the medicaid information technology~~	62506
~~system;~~	62507

~~(F) Expansion of the medicaid data warehouse and decision~~	62508
~~support system;~~	62509

~~(G) Development of infrastructure policies for electronic~~	62510
~~health records and e-prescribing.~~	62511

Sec. 5111.113. (A) As used in this section:

62512

(1) ~~"Adult care facility" has the same meaning as in section~~	62513
~~5119.70 of the Revised Code.~~	62514

~~(2)~~ "Commissioner" means a person appointed by a probate	62515
court under division (E) of section 2113.03 of the Revised Code to	62516
act as a commissioner.	62517

~~(3)~~(2) "Home" has the same meaning as in section 3721.10 of	62518
the Revised Code.	62519

~~(4)~~(3) "Personal needs allowance account" means an account or	62520
petty cash fund that holds the money of a resident of an adult	62521
care facility or home and that the facility or home manages for	62522
the resident.	62523

(4) "Residential facility" means a residential facility	62524
licensed under section 5119.22 of the Revised Code that provides	62525
accommodations, supervision, and personal care services for three	62526
to sixteen unrelated adults.	62527

(B) Except as provided in divisions (C) and (D) of this	62528
section, the owner or operator of ~~an adult care facility or~~a home	62529
or residential facility shall transfer to the department of job	62530
and family services the money in the personal needs allowance	62531
account of a resident of the ~~facility or~~ home or facility who was	62532
a recipient of the medical assistance program no earlier than	62533
sixty days but not later than ninety days after the resident dies.	62534
The ~~adult care facility or~~ home or facility shall transfer the	62535
money even though the owner or operator of the facility or home	62536
has not been issued letters testamentary or letters of	62537
administration concerning the resident's estate.	62538

(C) If funeral or burial expenses for a resident of ~~an adult~~	62539
~~care facility or~~a home or residential facility who has died have	62540
not been paid and the only resource the resident had that could be	62541
used to pay for the expenses is the money in the resident's	62542
personal needs allowance account, or all other resources of the	62543
resident are inadequate to pay the full cost of the expenses, the	62544
money in the resident's personal needs allowance account shall be	62545
used to pay for the expenses rather than being transferred to the	62546
department of job and family services pursuant to division (B) of	62547
this section.	62548

(D) If, not later than sixty days after a resident of an	62549
~~adult care facility or~~a home or residential facility dies,	62550
letters testamentary or letters of administration are issued, or	62551
an application for release from administration is filed under	62552
section 2113.03 of the Revised Code, concerning the resident's	62553
estate, the owner or operator of the ~~facility or~~ home or facility	62554
shall transfer the money in the resident's personal needs	62555
allowance account to the administrator, executor, commissioner, or	62556
person who filed the application for release from administration.	62557

(E) The transfer or use of money in a resident's personal	62558
needs allowance account in accordance with division (B), (C), or	62559
(D) of this section discharges and releases the ~~adult care~~	62560
~~facility or~~ home or residential facility, and the owner or	62561
operator of the ~~facility or~~ home, from any claim for the money	62562
from any source.	62563

(F) If, sixty-one or more days after a resident of ~~an adult~~	62564
~~care facility or~~a home or residential facility dies, letters	62565
testamentary or letters of administration are issued, or an	62566
application for release from administration under section 2113.03	62567
of the Revised Code is filed, concerning the resident's estate,	62568
the department of job and family services shall transfer the funds	62569
to the administrator, executor, commissioner, or person who filed	62570
the application, unless the department is entitled to recover the	62571
money under the medicaid estate recovery program instituted under	62572
section 5111.11 of the Revised Code.	62573

Sec. 5111.16. (A) As part of the medicaid program, the	62574
department of job and family services shall establish a care	62575
management system. The department shall submit, if necessary,	62576
applications to the United States department of health and human	62577
services for waivers of federal medicaid requirements that would	62578
otherwise be violated in the implementation of the system.	62579

(B) The department shall implement the care management system	62580
in some or all counties and shall designate the medicaid	62581
recipients who are required or permitted to participate in the	62582
system. In the department's implementation of the system and	62583
designation of participants, all of the following apply:	62584

(1) In the case of individuals who receive medicaid on the	62585
basis of being included in the category identified by the	62586
department as covered families and children, the department shall	62587
implement the care management system in all counties. All	62588
individuals included in the category shall be designated for	62589
participation, except for individuals included in one or more of	62590
the medicaid recipient groups specified in 42 C.F.R. 438.50(d).	62591
The department shall ensure that all participants are enrolled in	62592
health insuring corporations under contract with the department	62593
pursuant to section 5111.17 of the Revised Code.	62594

(2) In the case of individuals who receive medicaid on the	62595
basis of being aged, blind, or disabled, as specified in division	62596
~~(A)~~(C)(2) of section 5111.01 of the Revised Code, the department	62597
shall implement the care management system in all counties. Except	62598
as provided in division (C) of this section, all individuals	62599
included in the category shall be designated for participation.	62600
The department shall ensure that all participants are enrolled in	62601
health insuring corporations under contract with the department	62602
pursuant to section 5111.17 of the Revised Code.	62603

(3) Alcohol, drug addiction, and mental health services	62604
covered by medicaid shall not be included in any component of the	62605
care management system when the nonfederal share of the cost of	62606
those services is provided by a board of alcohol, drug addiction,	62607
and mental health services or a state agency other than the	62608
department of job and family services, but the recipients of those	62609
services may otherwise be designated for participation in the	62610
system.	62611

(C)(1) In designating participants who receive medicaid on	62612
the basis of being aged, blind, or disabled, the department shall	62613
not include any of the following, except as provided under	62614
division (C)(2) of this section:	62615

(a) Individuals who are under twenty-one years of age;

62616

(b) Individuals who are institutionalized;

62617

(c) Individuals who become eligible for medicaid by spending	62618
down their income or resources to a level that meets the medicaid	62619
program's financial eligibility requirements;	62620

(d) Individuals who are dually eligible under the medicaid	62621
program and the medicare program established under Title XVIII of	62622
the "Social Security Act," 79 Stat. 286 (1965), 42 U.S.C. 1395, as	62623
amended;	62624

(e) Individuals to the extent that they are receiving	62625
medicaid services through a medicaid waiver component, as defined	62626
in section 5111.85 of the Revised Code.	62627

(2) If any necessary waiver of federal medicaid requirements	62628
is granted, the department may designate any of the following	62629
individuals who receive medicaid on the basis of being aged,	62630
blind, or disabled as individuals who are permitted or required to	62631
participate in the care management system:	62632

(a) Individuals who are under twenty-one years of age;

62633

(b) Individuals who reside in a nursing facility, as defined	62634
in section 5111.20 of the Revised Code;	62635

(c) Individuals who, as an alternative to receiving nursing	62636
facility services, are participating in a home and community-based	62637
services medicaid waiver component, as defined in section 5111.85	62638
of the Revised Code;	62639

(d) Individuals who are dually eligible under the medicaid	62640
program and the medicare program.	62641

(D) Subject to division (B) of this section, the department	62642
may do both of the following under the care management system:	62643

(1) Require or permit participants in the system to obtain	62644
health care services from providers designated by the department;	62645

(2) Require or permit participants in the system to obtain	62646
health care services through managed care organizations under	62647
contract with the department pursuant to section 5111.17 of the	62648
Revised Code.	62649

(E)(1) The department shall prepare an annual report on the	62650
care management system. The report shall address the department's	62651
ability to implement the system, including all of the following	62652
components:	62653

(a) The required designation of participants included in the	62654
category identified by the department as covered families and	62655
children;	62656

(b) The required designation of participants included in the	62657
aged, blind, or disabled category of medicaid recipients;	62658

62659

(2) The department shall submit each annual report to the	62660
general assembly. The first report shall be submitted not later	62661
than October 1, 2007.	62662

(F) The director of job and family services may adopt rules	62663
in accordance with Chapter 119. of the Revised Code to implement	62664
this section.	62665

Sec. 5111.161. (A) As used in this section:

62666

(1) "Children's care network" means any of the following:

62667

(a) A children's hospital;

62668

(b) A group of children's hospitals;

62669

62670

(2) "Children's hospital" has the same meaning as in section	62671
2151.86 of the Revised Code.	62672

(B) If the department of job and family services includes in	62673
the care management system, pursuant to section 5111.16 of the	62674
Revised Code, individuals under twenty-one years of age included	62675
in the category of individuals who receive medicaid on the basis	62676
of being aged, blind, or disabled, as specified in division	62677
~~(A)~~(C)(2) of section 5111.01 of the Revised Code, the department	62678
shall develop a system to recognize entities as pediatric	62679
accountable care organizations. The purpose of the recognition	62680
system shall be to meet the complex medical and behavioral needs	62681
of disabled children through new approaches to care coordination.	62682
The department shall implement the recognition system not later	62683
than July 1, 2012.	62684

An entity recognized by the department as a pediatric	62685
accountable care organization may develop innovative partnerships	62686
between relevant groups and may contract directly or subcontract	62687
with the state to provide services to the medicaid recipients	62688
under twenty-one years of age described in this division who are	62689
permitted or required to participate in the care management	62690
system.	62691

(C)(1) To be recognized by the department as a pediatric	62692
accountable care organization, an entity shall meet the standards	62693
established in rules adopted under this section. Unless required	62694
by sections 2706 and 3022 of the "Patient Protection and	62695
Affordable Care Act," 124 Stat. 325 (2010) and Title XVIII of the	62696
"Social Security Act," 124 Stat. 395 (2010), 42 U.S.C. 1395jjj,	62697
the regulations adopted pursuant to those sections, and the laws	62698
of this state, the department shall not require that an entity be	62699
a health insuring corporation as a condition of receiving the	62700
department's recognition.	62701

(2) Any of the following entities may receive the	62702
department's recognition, if the standards for recognition have	62703
been met:	62704

(a) A children's care network;

62705

(b) A children's care network that may include one or more	62706
other entities, including, but not limited to, health insuring	62707
corporations or other managed care organizations;	62708

62709

(D) The department shall consult with all of the following in	62710
adopting rules under division (E) of this section necessary for an	62711
entity to be recognized by the department as a pediatric	62712
accountable care organization:	62713

(1) The superintendent of insurance;

62714

(2) Children's hospitals;

62715

(3) Managed care organizations under contract pursuant to	62716
section 5111.17 of the Revised Code;	62717

(4) Any other relevant entities, as determined necessary by	62718
the department, with interests in pediatric accountable care	62719
organizations.	62720

(E) The department shall adopt rules in accordance with	62721
Chapter 119. of the Revised Code as necessary to implement this	62722
section. In adopting the rules, the department shall do all of the	62723
following:	62724

(1) Establish application procedures to be followed by an	62725
entity seeking recognition as a pediatric accountable care	62726
organization;	62727

(2) Ensure that the standards for recognition as a pediatric	62728
accountable care organization are the same as and do not conflict	62729
with those specified in sections 2706 and 3022 of the "Patient	62730
Protection and Affordable Care Act," 124 Stat. 325 (2010) and	62731
Title XVIII of the "Social Security Act," 124 Stat. 395 (2010), 42	62732
U.S.C. 1395jjj or the regulations adopted pursuant to those	62733
sections;	62734

(3) Establish requirements regarding the access to pediatric	62735
specialty care provided through or by a pediatric accountable care	62736
organization;	62737

(4) Establish accountability and financial requirements for	62738
an entity recognized as a pediatric accountable care organization;	62739

(5) Establish quality improvement initiatives consistent with	62740
any state medicaid quality plan established by the department;	62741

(6) Establish transparency and consumer protection	62742
requirements for an entity recognized as a pediatric accountable	62743
care organization;	62744

(7) Establish a process for sharing data.

62745

(F) This section does not limit the authority of the	62746
department of insurance to regulate the business of insurance in	62747
this state.	62748

Sec. 5111.171. ~~(A)~~ The department of job and family services	62749
may provide financial incentive awards to managed care	62750
organizations under contract with the department pursuant to	62751
section 5111.17 of the Revised Code that meet or exceed	62752
performance standards specified in provider agreements or rules	62753
adopted by the department. The department may specify in a	62754
contract with a managed care organization the amounts of financial	62755
incentive awards, methodology for distributing awards, types of	62756
awards, and standards for administration by the department.	62757

~~(B) There is hereby created in the state treasury the health~~	62758
~~care compliance fund. The fund shall consist of all fines imposed~~	62759
~~on and collected from managed care organizations for failure to~~	62760
~~meet performance standards or other requirements specified in~~	62761
~~provider agreements or rules adopted by the department. All~~	62762
~~investment earnings of the fund shall be credited to the fund.~~	62763
~~Moneys credited to the fund shall be used solely for the following~~	62764
~~purposes:~~	62765

~~(1) To reimburse managed care organizations that have paid~~	62766
~~fines for failures to meet performance standards or other~~	62767
~~requirements and that have come into compliance by meeting~~	62768
~~requirements as specified by the department;~~	62769

~~(2) To provide financial incentive awards established~~	62770
~~pursuant to division (A) of this section and specified in~~	62771
~~contracts between managed care organizations and the department.~~	62772

Sec. 5111.20. As used in sections 5111.20 to 5111.331 of the	62773
Revised Code:	62774

(A) "Allowable costs" are those costs determined by the	62775
department of job and family services to be reasonable and do not	62776
include fines paid under sections 5111.35 to 5111.61 and section	62777
5111.99 of the Revised Code.	62778

(B) "Ancillary and support costs" means all reasonable costs	62779
incurred by a nursing facility other than direct care costs, tax	62780
costs, or capital costs. "Ancillary and support costs" includes,	62781
but is not limited to, costs of activities, social services,	62782
pharmacy consultants, habilitation supervisors, qualified mental	62783
retardation professionals, program directors, medical and	62784
habilitation records, program supplies, incontinence supplies,	62785
food, enterals, dietary supplies and personnel, laundry,	62786
housekeeping, security, administration, medical equipment,	62787
utilities, liability insurance, bookkeeping, purchasing	62788
department, human resources, communications, travel, dues, license	62789
fees, subscriptions, home office costs not otherwise allocated,	62790
legal services, accounting services, minor equipment, ~~wheelchairs,~~	62791
~~resident transportation,~~ maintenance and repairs, help-wanted	62792
advertising, informational advertising, start-up costs,	62793
organizational expenses, other interest, property insurance,	62794
employee training and staff development, employee benefits,	62795
payroll taxes, and workers' compensation premiums or costs for	62796
self-insurance claims and related costs as specified in rules	62797
adopted by the director of job and family services under section	62798
5111.02 of the Revised Code, for personnel listed in this	62799
division. "Ancillary and support costs" also means the cost of	62800
equipment, including vehicles, acquired by operating lease	62801
executed before December 1, 1992, if the costs are reported as	62802
administrative and general costs on the facility's cost report for	62803
the cost reporting period ending December 31, 1992.	62804

(C) "Capital costs" means costs of ownership and, in the case	62805
of an intermediate care facility for the mentally retarded, costs	62806
of nonextensive renovation.	62807

(1) "Cost of ownership" means the actual expense incurred for	62808
all of the following:	62809

(a) Depreciation and interest on any capital assets that cost	62810
five hundred dollars or more per item, including the following:	62811

(i) Buildings;

62812

(ii) Building improvements that are not approved as	62813
nonextensive renovations under section 5111.251 of the Revised	62814
Code;	62815

(iii) Except as provided in division (B) of this section,	62816
equipment;	62817

(iv) In the case of an intermediate care facility for the	62818
mentally retarded, extensive renovations;	62819

(v) Transportation equipment.

62820

(b) Amortization and interest on land improvements and	62821
leasehold improvements;	62822

62823

(d) Except as provided in division (K) of this section, lease	62824
and rent of land, building, and equipment.	62825

The costs of capital assets of less than five hundred dollars	62826
per item may be considered capital costs in accordance with a	62827
provider's practice.	62828

(2) "Costs of nonextensive renovation" means the actual	62829
expense incurred by an intermediate care facility for the mentally	62830
retarded for depreciation or amortization and interest on	62831
renovations that are not extensive renovations.	62832

(D) "Capital lease" and "operating lease" shall be construed	62833
in accordance with generally accepted accounting principles.	62834

(E) "Case-mix score" means the measure determined under	62835
section 5111.232 of the Revised Code of the relative direct-care	62836
resources needed to provide care and habilitation to a resident of	62837
a nursing facility or intermediate care facility for the mentally	62838
retarded.	62839

(F)(1) "Date of licensure," for a facility originally	62840
licensed as a nursing home under Chapter 3721. of the Revised	62841
Code, means the date specific beds were originally licensed as	62842
nursing home beds under that chapter, regardless of whether they	62843
were subsequently licensed as residential facility beds under	62844
section 5123.19 of the Revised Code. For a facility originally	62845
licensed as a residential facility under section 5123.19 of the	62846
Revised Code, "date of licensure" means the date specific beds	62847
were originally licensed as residential facility beds under that	62848
section.	62849

If nursing home beds licensed under Chapter 3721. of the	62850
Revised Code or residential facility beds licensed under section	62851
5123.19 of the Revised Code were not required by law to be	62852
licensed when they were originally used to provide nursing home or	62853
residential facility services, "date of licensure" means the date	62854
the beds first were used to provide nursing home or residential	62855
facility services, regardless of the date the present provider	62856
obtained licensure.	62857

If a facility adds nursing home beds or residential facility	62858
beds or extensively renovates all or part of the facility after	62859
its original date of licensure, it will have a different date of	62860
licensure for the additional beds or extensively renovated portion	62861
of the facility, unless the beds are added in a space that was	62862
constructed at the same time as the previously licensed beds but	62863
was not licensed under Chapter 3721. or section 5123.19 of the	62864
Revised Code at that time.	62865

(2) The definition of "date of licensure" in this section	62866
applies in determinations of the medicaid reimbursement rate for a	62867
nursing facility or intermediate care facility for the mentally	62868
retarded but does not apply in determinations of the franchise	62869
permit fee for a nursing facility or intermediate care facility	62870
for the mentally retarded.	62871

(G) "Desk-reviewed" means that costs as reported on a cost	62872
report submitted under section 5111.26 of the Revised Code have	62873
been subjected to a desk review under division (A) of section	62874
5111.27 of the Revised Code and preliminarily determined to be	62875
allowable costs.	62876

(H) "Direct care costs" means all of the following:

62877

(1)(a) Costs for registered nurses, licensed practical	62878
nurses, and nurse aides employed by the facility;	62879

(b) Costs for direct care staff, administrative nursing	62880
staff, medical directors, respiratory therapists, and except as	62881
provided in division (H)(2) of this section, other persons holding	62882
degrees qualifying them to provide therapy;	62883

62884

(d) Costs of quality assurance;

62885

(e) Costs of training and staff development, employee	62886
benefits, payroll taxes, and workers' compensation premiums or	62887
costs for self-insurance claims and related costs as specified in	62888
rules adopted by the director of job and family services in	62889
accordance with Chapter 119. of the Revised Code, for personnel	62890
listed in divisions (H)(1)(a), (b), and (d) of this section;	62891

(f) Costs of consulting and management fees related to direct	62892
care;	62893

(g) Allocated direct care home office costs.

62894

(2) In addition to the costs specified in division (H)(1) of	62895
this section, for nursing facilities only, direct care costs	62896
include costs of habilitation staff (other than habilitation	62897
supervisors), medical supplies, oxygen, over-the-counter pharmacy	62898
products, behavioral and mental health services, physical	62899
therapists, physical therapy assistants, occupational therapists,	62900
occupational therapy assistants, speech therapists, audiologists,	62901
habilitation supplies, wheelchairs, resident transportation, and	62902
universal precautions supplies.	62903

(3) In addition to the costs specified in division (H)(1) of	62904
this section, for intermediate care facilities for the mentally	62905
retarded only, direct care costs include both of the following:	62906

(a) Costs for physical therapists and physical therapy	62907
assistants, occupational therapists and occupational therapy	62908
assistants, speech therapists, audiologists, habilitation staff	62909
(including habilitation supervisors), qualified mental retardation	62910
professionals, program directors, social services staff,	62911
activities staff, off-site day programming, psychologists and	62912
psychology assistants, and social workers and counselors;	62913

(b) Costs of training and staff development, employee	62914
benefits, payroll taxes, and workers' compensation premiums or	62915
costs for self-insurance claims and related costs as specified in	62916
rules adopted under section 5111.02 of the Revised Code, for	62917
personnel listed in division (H)(3)(a) of this section.	62918

(4) Costs of other direct-care resources that are specified	62919
as direct care costs in rules adopted under section 5111.02 of the	62920
Revised Code.	62921

(I) "Fiscal year" means the fiscal year of this state, as	62922
specified in section 9.34 of the Revised Code.	62923

(J) "Franchise permit fee" means the following:

62924

(1) In the context of nursing facilities, the fee imposed by	62925
sections 3721.50 to 3721.58 of the Revised Code;	62926

(2) In the context of intermediate care facilities for the	62927
mentally retarded, the fee imposed by sections 5112.30 to 5112.39	62928
of the Revised Code.	62929

(K) "Indirect care costs" means all reasonable costs incurred	62930
by an intermediate care facility for the mentally retarded other	62931
than direct care costs, other protected costs, or capital costs.	62932
"Indirect care costs" includes but is not limited to costs of	62933
habilitation supplies, pharmacy consultants, medical and	62934
habilitation records, program supplies, incontinence supplies,	62935
food, enterals, dietary supplies and personnel, laundry,	62936
housekeeping, security, administration, liability insurance,	62937
bookkeeping, purchasing department, human resources,	62938
communications, travel, dues, license fees, subscriptions, home	62939
office costs not otherwise allocated, legal services, accounting	62940
services, minor equipment, maintenance and repairs, help-wanted	62941
advertising, informational advertising, start-up costs,	62942
organizational expenses, other interest, property insurance,	62943
employee training and staff development, employee benefits,	62944
payroll taxes, and workers' compensation premiums or costs for	62945
self-insurance claims and related costs as specified in rules	62946
adopted under section 5111.02 of the Revised Code, for personnel	62947
listed in this division. Notwithstanding division (C)(1) of this	62948
section, "indirect care costs" also means the cost of equipment,	62949
including vehicles, acquired by operating lease executed before	62950
December 1, 1992, if the costs are reported as administrative and	62951
general costs on the facility's cost report for the cost reporting	62952
period ending December 31, 1992.	62953

(L) "Inpatient days" means ~~all~~the following:

62954

(1) In the context of a nursing facility, both of the	62955
following:	62956

(a) All days during which a resident, regardless of payment	62957
source, occupies a bed in a nursing facility ~~or intermediate care~~	62958
~~facility for the mentally retarded~~ that is included in the	62959
nursing facility's certified capacity under Title XIX~~. Therapeutic~~	62960
~~or hospital leave~~;	62961

(b) Fifty per cent of the days for which payment is made	62962
under section ~~5111.33 or~~ 5111.331 of the Revised Code ~~are~~	62963
~~considered inpatient days proportionate to the percentage of the~~	62964
~~facility's per resident per day rate paid for those days~~.	62965

(2) In the context of an intermediate care facility for the	62966
mentally retarded, both of the following:	62967

(a) All days during which a resident, regardless of payment	62968
source, occupies a bed in an intermediate care facility for the	62969
mentally retarded that is included in the facility's certified	62970
capacity under Title XIX;	62971

(b) All days for which payment is made under section 5111.33	62972
of the Revised Code.	62973

(M) "Intermediate care facility for the mentally retarded"	62974
means an intermediate care facility for the mentally retarded	62975
certified as in compliance with applicable standards for the	62976
medicaid program by the director of health in accordance with	62977
Title XIX.	62978

(N) "Maintenance and repair expenses" means, except as	62979
provided in division (BB)(2) of this section, expenditures that	62980
are necessary and proper to maintain an asset in a normally	62981
efficient working condition and that do not extend the useful life	62982
of the asset two years or more. "Maintenance and repair expenses"	62983
includes but is not limited to the cost of ordinary repairs such	62984
as painting and wallpapering.	62985

(O) "Medicaid days" means ~~all~~the following:

62986

(1) In the context of a nursing facility, both of the	62987
following:	62988

(a) All days during which a resident who is a medicaid	62989
recipient eligible for nursing facility services occupies a bed in	62990
a nursing facility that is included in the nursing facility's	62991
certified capacity under Title XIX~~. Therapeutic or hospital leave~~;	62992

(b) Fifty per cent of the days for which payment is made	62993
under section ~~5111.33 or~~ 5111.331 of the Revised Code ~~are~~	62994
~~considered medicaid days proportionate to the percentage of the~~	62995
~~nursing facility's per resident per day rate paid for those days~~.	62996

(2) In the context of an intermediate care facility for the	62997
mentally retarded, both of the following:	62998

(a) All days during which a resident who is a medicaid	62999
recipient eligible for intermediate care facility for the mentally	63000
retarded services occupies a bed in an intermediate care facility	63001
for the mentally retarded that is included in the facility's	63002
certified capacity under Title XIX;	63003

(b) All days for which payment is made under section 5111.33	63004
of the Revised Code.	63005

(P) "Nursing facility" means a facility, or a distinct part	63006
of a facility, that is certified as a nursing facility by the	63007
director of health in accordance with Title XIX and is not an	63008
intermediate care facility for the mentally retarded. "Nursing	63009
facility" includes a facility, or a distinct part of a facility,	63010
that is certified as a nursing facility by the director of health	63011
in accordance with Title XIX and is certified as a skilled nursing	63012
facility by the director in accordance with Title XVIII.	63013

(Q) "Operator" means the person or government entity	63014
responsible for the daily operating and management decisions for a	63015
nursing facility or intermediate care facility for the mentally	63016
retarded.	63017

(R) "Other protected costs" means costs incurred by an	63018
intermediate care facility for the mentally retarded for medical	63019
supplies; real estate, franchise, and property taxes; natural gas,	63020
fuel oil, water, electricity, sewage, and refuse and hazardous	63021
medical waste collection; allocated other protected home office	63022
costs; and any additional costs defined as other protected costs	63023
in rules adopted under section 5111.02 of the Revised Code.	63024

(S)(1) "Owner" means any person or government entity that has	63025
at least five per cent ownership or interest, either directly,	63026
indirectly, or in any combination, in any of the following	63027
regarding a nursing facility or intermediate care facility for the	63028
mentally retarded:	63029

(a) The land on which the facility is located;

63030

(b) The structure in which the facility is located;

63031

(c) Any mortgage, contract for deed, or other obligation	63032
secured in whole or in part by the land or structure on or in	63033
which the facility is located;	63034

(d) Any lease or sublease of the land or structure on or in	63035
which the facility is located.	63036

(2) "Owner" does not mean a holder of a debenture or bond	63037
related to the nursing facility or intermediate care facility for	63038
the mentally retarded and purchased at public issue or a regulated	63039
lender that has made a loan related to the facility unless the	63040
holder or lender operates the facility directly or through a	63041
subsidiary.	63042

(T) "Patient" includes "resident."

63043

(U) Except as provided in divisions (U)(1) and (2) of this	63044
section, "per diem" means a nursing facility's or intermediate	63045
care facility for the mentally retarded's actual, allowable costs	63046
in a given cost center in a cost reporting period, divided by the	63047
facility's inpatient days for that cost reporting period.	63048

(1) When calculating indirect care costs for the purpose of	63049
establishing rates under section 5111.241 of the Revised Code,	63050
"per diem" means an intermediate care facility for the mentally	63051
retarded's actual, allowable indirect care costs in a cost	63052
reporting period divided by the greater of the facility's	63053
inpatient days for that period or the number of inpatient days the	63054
facility would have had during that period if its occupancy rate	63055
had been eighty-five per cent.	63056

(2) When calculating capital costs for the purpose of	63057
establishing rates under section 5111.251 of the Revised Code,	63058
"per diem" means a facility's actual, allowable capital costs in a	63059
cost reporting period divided by the greater of the facility's	63060
inpatient days for that period or the number of inpatient days the	63061
facility would have had during that period if its occupancy rate	63062
had been ninety-five per cent.	63063

(V) "Provider" means an operator with a provider agreement.

63064

(W) "Provider agreement" means a contract between the	63065
department of job and family services and the operator of a	63066
nursing facility or intermediate care facility for the mentally	63067
retarded for the provision of nursing facility services or	63068
intermediate care facility services for the mentally retarded	63069
under the medicaid program.	63070

(X) "Purchased nursing services" means services that are	63071
provided in a nursing facility by registered nurses, licensed	63072
practical nurses, or nurse aides who are not employees of the	63073
facility.	63074

(Y) "Reasonable" means that a cost is an actual cost that is	63075
appropriate and helpful to develop and maintain the operation of	63076
patient care facilities and activities, including normal standby	63077
costs, and that does not exceed what a prudent buyer pays for a	63078
given item or services. Reasonable costs may vary from provider to	63079
provider and from time to time for the same provider.	63080

(Z) "Related party" means an individual or organization that,	63081
to a significant extent, has common ownership with, is associated	63082
or affiliated with, has control of, or is controlled by, the	63083
provider.	63084

(1) An individual who is a relative of an owner is a related	63085
party.	63086

(2) Common ownership exists when an individual or individuals	63087
possess significant ownership or equity in both the provider and	63088
the other organization. Significant ownership or equity exists	63089
when an individual or individuals possess five per cent ownership	63090
or equity in both the provider and a supplier. Significant	63091
ownership or equity is presumed to exist when an individual or	63092
individuals possess ten per cent ownership or equity in both the	63093
provider and another organization from which the provider	63094
purchases or leases real property.	63095

(3) Control exists when an individual or organization has the	63096
power, directly or indirectly, to significantly influence or	63097
direct the actions or policies of an organization.	63098

(4) An individual or organization that supplies goods or	63099
services to a provider shall not be considered a related party if	63100
all of the following conditions are met:	63101

(a) The supplier is a separate bona fide organization.

63102

(b) A substantial part of the supplier's business activity of	63103
the type carried on with the provider is transacted with others	63104
than the provider and there is an open, competitive market for the	63105
types of goods or services the supplier furnishes.	63106

(c) The types of goods or services are commonly obtained by	63107
other nursing facilities or intermediate care facilities for the	63108
mentally retarded from outside organizations and are not a basic	63109
element of patient care ordinarily furnished directly to patients	63110
by the facilities.	63111

(d) The charge to the provider is in line with the charge for	63112
the goods or services in the open market and no more than the	63113
charge made under comparable circumstances to others by the	63114
supplier.	63115

(AA) "Relative of owner" means an individual who is related	63116
to an owner of a nursing facility or intermediate care facility	63117
for the mentally retarded by one of the following relationships:	63118

(1) Spouse;

63119

(2) Natural parent, child, or sibling;

63120

(3) Adopted parent, child, or sibling;

63121

(4) Stepparent, stepchild, stepbrother, or stepsister;

63122

(5) Father-in-law, mother-in-law, son-in-law,	63123
daughter-in-law, brother-in-law, or sister-in-law;	63124

(6) Grandparent or grandchild;

63125

(7) Foster caregiver, foster child, foster brother, or foster	63126
sister.	63127

(BB) "Renovation" and "extensive renovation" mean:

63128

(1) Any betterment, improvement, or restoration of an	63129
intermediate care facility for the mentally retarded started	63130
before July 1, 1993, that meets the definition of a renovation or	63131
extensive renovation established in rules adopted by the director	63132
of job and family services in effect on December 22, 1992.	63133

(2) In the case of betterments, improvements, and	63134
restorations of intermediate care facilities for the mentally	63135
retarded started on or after July 1, 1993:	63136

(a) "Renovation" means the betterment, improvement, or	63137
restoration of an intermediate care facility for the mentally	63138
retarded beyond its current functional capacity through a	63139
structural change that costs at least five hundred dollars per	63140
bed. A renovation may include betterment, improvement,	63141
restoration, or replacement of assets that are affixed to the	63142
building and have a useful life of at least five years. A	63143
renovation may include costs that otherwise would be considered	63144
maintenance and repair expenses if they are an integral part of	63145
the structural change that makes up the renovation project.	63146
"Renovation" does not mean construction of additional space for	63147
beds that will be added to a facility's licensed or certified	63148
capacity.	63149

(b) "Extensive renovation" means a renovation that costs more	63150
than sixty-five per cent and no more than eighty-five per cent of	63151
the cost of constructing a new bed and that extends the useful	63152
life of the assets for at least ten years.	63153

For the purposes of division (BB)(2) of this section, the	63154
cost of constructing a new bed shall be considered to be forty	63155
thousand dollars, adjusted for the estimated rate of inflation	63156
from January 1, 1993, to the end of the calendar year during which	63157
the renovation is completed, using the consumer price index for	63158
shelter costs for all urban consumers for the north central	63159
region, as published by the United States bureau of labor	63160
statistics.	63161

The department of job and family services may treat a	63162
renovation that costs more than eighty-five per cent of the cost	63163
of constructing new beds as an extensive renovation if the	63164
department determines that the renovation is more prudent than	63165
construction of new beds.	63166

(CC) "Tax costs" means the costs of taxes imposed under	63167
Chapter 5751. of the Revised Code, real estate taxes, personal	63168
property taxes, and corporate franchise taxes.	63169

(DD) "Title XIX" means Title XIX of the "Social Security	63170
Act," 79 Stat. 286 (1965), 42 U.S.C. 1396, as amended.	63171

~~(DD)~~(EE) "Title XVIII" means Title XVIII of the "Social	63172
Security Act," 79 Stat. 286 (1965), 42 U.S.C. 1395, as amended.	63173

Sec. 5111.222. (A) Except as otherwise provided by sections	63174
5111.20 to 5111.331 of the Revised Code and by division (B) of	63175
this section, the total rate that the department of job and family	63176
services shall agree to pay for a fiscal year to the provider of a	63177
nursing facility pursuant to a provider agreement shall equal the	63178
sum of all of the following:	63179

(1) The rate for direct care costs determined for the nursing	63180
facility under section 5111.231 of the Revised Code;	63181

(2) The rate for ancillary and support costs determined for	63182
the nursing facility's ancillary and support cost peer group under	63183
section 5111.24 of the Revised Code;	63184

(3) The rate for tax costs determined for the nursing	63185
facility under section 5111.242 of the Revised Code;	63186

(4) The quality incentive payment paid to the nursing	63187
facility under section 5111.244 of the Revised Code;	63188

(5) If the nursing facility qualifies as a critical access	63189
nursing facility, the critical access incentive payment paid to	63190
the nursing facility under section 5111.246 of the Revised Code;	63191

(6) The rate for capital costs determined for the nursing	63192
facility's capital costs peer group under section 5111.25 of the	63193
Revised Code.	63194

(B) The department shall adjust the rates otherwise	63195
determined under division (A) of this section as directed by the	63196
general assembly through the enactment of law governing medicaid	63197
payments to providers of nursing facilities, including any law	63198
that establishes factors by which the rates are to be adjusted.	63199

(C) In addition to paying a nursing facility provider the	63200
total rate determined for the nursing facility under division (A)	63201
of this section for a fiscal year, the department shall pay the	63202
provider a quality bonus under section 5111.245 of the Revised	63203
Code for that fiscal year if the provider's nursing facility is a	63204
qualifying nursing facility, as defined in that section, for that	63205
fiscal year. The quality bonus shall not be part of the total	63206
rate.	63207

Sec. 5111.23. (A) The department of job and family services	63208
shall pay a provider for each of the provider's eligible	63209
intermediate care facilities for the mentally retarded a per	63210
resident per day rate for direct care costs established	63211
prospectively for each facility. The department shall establish	63212
each facility's rate for direct care costs quarterly.	63213

(B) Each facility's rate for direct care costs shall be based	63214
on the facility's cost per case-mix unit, subject to the maximum	63215
costs per case-mix unit established under division (B)(2) of this	63216
section, from the calendar year preceding the fiscal year in which	63217
the rate is paid. To determine the rate, the department shall do	63218
all of the following:	63219

(1) Determine each facility's cost per case-mix unit for the	63220
calendar year preceding the fiscal year in which the rate will be	63221
paid by dividing the facility's desk-reviewed, actual, allowable,	63222
per diem direct care costs for that year by its average case-mix	63223
score determined under section 5111.232 of the Revised Code for	63224
the same calendar year.	63225

(2)(a) Set the maximum cost per case-mix unit for each peer	63226
group of intermediate care facilities for the mentally retarded	63227
with more than eight beds specified in rules adopted under	63228
division (F) of this section at a percentage above the cost per	63229
case-mix unit of the facility in the group that has the group's	63230
median medicaid ~~inpatient~~ day for the calendar year preceding the	63231
fiscal year in which the rate will be paid, as calculated under	63232
division (B)(1) of this section, that is no less than the	63233
percentage calculated under division (E)(2) of this section.	63234

(b) Set the maximum cost per case-mix unit for each peer	63235
group of intermediate care facilities for the mentally retarded	63236
with eight or fewer beds specified in rules adopted under division	63237
(F) of this section at a percentage above the cost per case-mix	63238
unit of the facility in the group that has the group's median	63239
medicaid ~~inpatient~~ day for the calendar year preceding the fiscal	63240
year in which the rate will be paid, as calculated under division	63241
(B)(1) of this section, that is no less than the percentage	63242
calculated under division (E)(3) of this section.	63243

(c) In calculating the maximum cost per case-mix unit under	63244
divisions (B)(2)(a) and (b) of this section for each peer group,	63245
the department shall exclude from its calculations the cost per	63246
case-mix unit of any facility in the group that participated in	63247
the medicaid program under the same operator for less than twelve	63248
months during the calendar year preceding the fiscal year in which	63249
the rate will be paid.	63250

(3) Estimate the rate of inflation for the eighteen-month	63251
period beginning on the first day of July of the calendar year	63252
preceding the fiscal year in which the rate will be paid and	63253
ending on the thirty-first day of December of the fiscal year in	63254
which the rate will be paid, using the index specified in division	63255
(C) of this section. If the estimated inflation rate for the	63256
eighteen-month period is different from the actual inflation rate	63257
for that period, as measured using the same index, the difference	63258
shall be added to or subtracted from the inflation rate estimated	63259
under division (B)(3) of this section for the following fiscal	63260
year.	63261

(4) The department shall not recalculate a maximum cost per	63262
case-mix unit under division (B)(2) of this section or a	63263
percentage under division (E) of this section based on additional	63264
information that it receives after the maximum costs per case-mix	63265
unit or percentages are set. The department shall recalculate a	63266
maximum cost per case-mix units or percentage only if it made an	63267
error in computing the maximum cost per case-mix unit or	63268
percentage based on information available at the time of the	63269
original calculation.	63270

(C) The department shall use the following index for the	63271
purpose of division (B)(3) of this section:	63272

(1) The employment cost index for total compensation, health	63273
services component, published by the United States bureau of labor	63274
statistics;	63275

(2) If the United States bureau of labor statistics ceases to	63276
publish the index specified in division (C)(1) of this section,	63277
the index that is subsequently published by the bureau and covers	63278
nursing facilities' staff costs.	63279

(D) Each facility's rate for direct care costs shall be	63280
determined as follows for each calendar quarter within a fiscal	63281
year:	63282

(1) Multiply the lesser of the following by the facility's	63283
average case-mix score determined under section 5111.232 of the	63284
Revised Code for the calendar quarter that preceded the	63285
immediately preceding calendar quarter:	63286

(a) The facility's cost per case-mix unit for the calendar	63287
year preceding the fiscal year in which the rate will be paid, as	63288
determined under division (B)(1) of this section;	63289

(b) The maximum cost per case-mix unit established for the	63290
fiscal year in which the rate will be paid for the facility's peer	63291
group under division (B)(2) of this section;	63292

(2) Adjust the product determined under division (D)(1) of	63293
this section by the inflation rate estimated under division (B)(3)	63294
of this section.	63295

(E)(1) The department shall calculate the percentage above	63296
the median cost per case-mix unit determined under division (B)(1)	63297
of this section for the facility that has the median medicaid	63298
~~inpatient~~ day for calendar year 1992 for all intermediate care	63299
facilities for the mentally retarded with more than eight beds	63300
that would result in payment of all desk-reviewed, actual,	63301
allowable direct care costs for eighty and one-half per cent of	63302
the medicaid ~~inpatient~~ days for such facilities for calendar year	63303
1992.	63304

(2) The department shall calculate the percentage above the	63305
median cost per case-mix unit determined under division (B)(1) of	63306
this section for the facility that has the median medicaid	63307
~~inpatient~~ day for calendar year 1992 for all intermediate care	63308
facilities for the mentally retarded with eight or fewer beds that	63309
would result in payment of all desk-reviewed, actual, allowable	63310
direct care costs for eighty and one-half per cent of the medicaid	63311
~~inpatient~~ days for such facilities for calendar year 1992.	63312

(F) The director of job and family services shall adopt rules	63313
under section 5111.02 of the Revised Code that specify peer groups	63314
of intermediate care facilities for the mentally retarded with	63315
more than eight beds and intermediate care facilities for the	63316
mentally retarded with eight or fewer beds, based on findings of	63317
significant per diem direct care cost differences due to geography	63318
and facility bed-size. The rules also may specify peer groups	63319
based on findings of significant per diem direct care cost	63320
differences due to other factors which may include case-mix.	63321

(G) The department, in accordance with division (D) of	63322
section 5111.232 of the Revised Code and rules adopted under	63323
division (F) of that section, may assign case-mix scores or costs	63324
per case-mix unit if a provider fails to submit assessment data	63325
necessary to calculate an intermediate care facility for the	63326
mentally retarded's case-mix score in accordance with that	63327
section.	63328

Sec. 5111.242. (A) As used in this section:

63329

~~(1) "Applicable~~, "applicable calendar year" means the	63330
following:	63331

~~(a)~~(1) For the purpose of the department of job and family	63332
services' initial determination under this section of nursing	63333
facilities' rate for tax costs, calendar year 2003;	63334

~~(b)~~(2) For the purpose of the department's subsequent	63335
determinations under division (C) of this section of nursing	63336
facilities' rate for tax costs, the calendar year the department	63337
selects.	63338

~~(2) "Tax costs" means the costs of taxes imposed under~~	63339
~~Chapter 5751. of the Revised Code, real estate taxes, personal~~	63340
~~property taxes, and corporate franchise taxes.~~	63341

(B) The department of job and family services shall pay a	63342
provider for each of the provider's eligible nursing facilities a	63343
per resident per day rate for tax costs determined under division	63344
(C) of this section.	63345

(C) At least once every ten years, the department shall	63346
determine the rate for tax costs for each nursing facility. The	63347
rate for tax costs determined under this division for a nursing	63348
facility shall be used for subsequent years until the department	63349
redetermines it. To determine a nursing facility's rate for tax	63350
costs and except as provided in division (D) of this section, the	63351
department shall divide the nursing facility's desk-reviewed,	63352
actual, allowable tax costs paid for the applicable calendar year	63353
by the number of inpatient days the nursing facility would have	63354
had if its occupancy rate had been one hundred per cent during the	63355
applicable calendar year.	63356

(D) If a nursing facility had a credit regarding its real	63357
estate taxes reflected on its cost report for calendar year 2003,	63358
the department shall determine its rate for tax costs for the	63359
period beginning on July 1, 2010, and ending on the first day of	63360
the fiscal year for which the department first redetermines all	63361
nursing facilities' rate for tax costs under division (C) of this	63362
section by dividing the nursing facility's desk-reviewed, actual,	63363
allowable tax costs paid for calendar year 2004 by the number of	63364
inpatient days the nursing facility would have had if its	63365
occupancy rate had been one hundred per cent during calendar year	63366
2004.	63367

Sec. 5111.246. (A) Each fiscal year, the department of job	63368
and family services shall pay a critical access incentive payment	63369
to the provider of each nursing facility that qualifies as a	63370
critical access nursing facility. To qualify as a critical access	63371
nursing facility for a fiscal year, a nursing facility must meet	63372
all of the following requirements:	63373

(1) The nursing facility must be located in an area that, on	63374
December 31, 2011, was designated an empowerment zone under	63375
section 1391 of the "Internal Revenue Code of 1986," 107 Stat.	63376
543, 26 U.S.C. 1391, as amended.	63377

(2) The nursing facility must have an occupancy rate of at	63378
least eighty-five per cent as of the last day of the calendar year	63379
preceding the fiscal year.	63380

(3) The nursing facility must have a medicaid utilization	63381
rate of at least sixty-five per cent as of the last day of the	63382
calendar year preceding the fiscal year.	63383

(B) A critical access nursing facility's critical access	63384
incentive payment for a fiscal year shall equal five per cent of	63385
the portion of the nursing facility's total rate for the fiscal	63386
year that is the sum of the rates and payment identified in	63387
divisions (A)(1) to (4) and (6) of section 5111.222 of the Revised	63388
Code.	63389

Sec. 5111.254. (A) The department of job and family services	63390
shall establish initial rates for a nursing facility with a first	63391
date of licensure that is on or after July 1, 2006, including a	63392
facility that replaces one or more existing facilities, or for a	63393
nursing facility with a first date of licensure before that date	63394
that was initially certified for the medicaid program on or after	63395
that date, in the following manner:	63396

(1) The rate for direct care costs shall be the product of	63397
the cost per case-mix unit determined under division (D) of	63398
section 5111.231 of the Revised Code for the facility's peer group	63399
and the nursing facility's case-mix score. For the purpose of	63400
division (A)(1) of this section, the nursing facility's case-mix	63401
score shall be the following:	63402

(a) Unless the nursing facility replaces an existing nursing	63403
facility that participated in the medicaid program immediately	63404
before the replacement nursing facility begins participating in	63405
the medicaid program, the median annual average case-mix score for	63406
the nursing facility's peer group;	63407

(b) If the nursing facility replaces an existing nursing	63408
facility that participated in the medicaid program immediately	63409
before the replacement nursing facility begins participating in	63410
the medicaid program, the semiannual case-mix score most recently	63411
determined under section 5111.232 of the Revised Code for the	63412
replaced nursing facility as adjusted, if necessary, to reflect	63413
any difference in the number of beds in the replaced and	63414
replacement nursing facilities.	63415

(2) The rate for ancillary and support costs shall be the	63416
rate for the facility's peer group determined under division (D)	63417
of section 5111.24 of the Revised Code.	63418

(3) The rate for capital costs shall be the rate for the	63419
facility's peer group determined under division (D) of section	63420
5111.25 of the Revised Code.	63421

(4) The rate for tax costs ~~as defined in section 5111.242 of~~	63422
~~the Revised Code~~ shall be the median rate for tax costs for the	63423
facility's peer group in which the facility is placed under	63424
division (C) of section 5111.24 of the Revised Code.	63425

(5) The quality incentive payment shall be the mean payment	63426
made to nursing facilities under section 5111.244 of the Revised	63427
Code.	63428

(B) Subject to division (C) of this section, the department	63429
shall adjust the rates established under division (A) of this	63430
section effective the first day of July, to reflect new rate	63431
calculations for all nursing facilities under sections 5111.20 to	63432
5111.331 of the Revised Code.	63433

(C) If a rate for direct care costs is determined under this	63434
section for a nursing facility using the median annual average	63435
case-mix score for the nursing facility's peer group, the rate	63436
shall be redetermined to reflect the replacement nursing	63437
facility's actual semiannual case-mix score determined under	63438
section 5111.232 of the Revised Code after the nursing facility	63439
submits its first two quarterly assessment data that qualify for	63440
use in calculating a case-mix score in accordance with rules	63441
authorized by division (E) of section 5111.232 of the Revised	63442
Code. If the nursing facility's quarterly submissions do not	63443
qualify for use in calculating a case-mix score, the department	63444
shall continue to use the median annual average case-mix score for	63445
the nursing facility's peer group in lieu of the nursing	63446
facility's semiannual case-mix score until the nursing facility	63447
submits two consecutive quarterly assessment data that qualify for	63448
use in calculating a case-mix score.	63449

Sec. 5111.862. (A) As used in this section:

63450

"Hospital long-term care unit" has the same meaning as in	63451
section 3721.50 of the Revised Code.	63452

"Nursing facility" has the same meaning as in section 5111.20	63453
of the Revised Code.	63454

"Ohio home care program" means the medicaid waiver component	63455
created under section 5111.861 of the Revised Code.	63456

"Residential treatment facility" means a residential facility	63457
licensed by the department of mental health under section 5119.22	63458
of the Revised Code, or an institution certified by the department	63459
of job and family services under section 5103.03 of the Revised	63460
Code, that serves children and either has more than sixteen beds	63461
or is part of a campus of multiple facilities or institutions	63462
that, combined, have a total of more than sixteen beds.	63463

(B) Subject to division (C) of section 5111.861 of the	63464
Revised Code, the department of job and family services shall	63465
establish a home first component for the Ohio home care program.	63466
An individual is eligible for the Ohio home care program's home	63467
first component if the individual has been determined to be	63468
eligible for the Ohio home care program and at least one of the	63469
following applies:	63470

(1) If the individual is under twenty-one years of age, the	63471
individual received inpatient hospital services for at least	63472
fourteen consecutive days, or had at least three inpatient	63473
hospital stays during the twelve months, immediately preceding the	63474
date the individual applies for the Ohio home care program.	63475

(2) If the individual is at least twenty-one but less than	63476
sixty years of age, the individual received inpatient hospital	63477
services for at least fourteen consecutive days immediately	63478
preceding the date the individual applies for the Ohio home care	63479
program.	63480

(3) The individual received private duty nursing services	63481
under the medicaid program for at least twelve consecutive months	63482
immediately preceding the date the individual applies for the Ohio	63483
home care program.	63484

(4) The individual does not reside in a nursing facility or	63485
hospital long-term care unit at the time the individual applies	63486
for the Ohio home care program but is at risk of imminent	63487
admission to a nursing facility or hospital long-term care unit	63488
due to a documented loss of a primary caregiver.	63489

(5) The individual resides in a nursing facility at the time	63490
the individual applies for the Ohio home care program.	63491

(6) At the time the individual applies for the Ohio home care	63492
program, the individual participates in the money follows the	63493
person demonstration project authorized by section 6071 of the	63494
"Deficit Reduction Act of 2005," Pub. L. No. 109-171, as amended,	63495
and either resides in a residential treatment facility or	63496
inpatient hospital setting.	63497

(C) An individual determined to be eligible for the home	63498
first component of the Ohio home care program shall be enrolled in	63499
the Ohio home care program in accordance with rules adopted under	63500
section 5111.85 of the Revised Code.	63501

Sec. 5111.874. (A) As used in sections 5111.874 to 5111.8710	63502
of the Revised Code:	63503

"Home and community-based services" has the same meaning as	63504
in section 5123.01 of the Revised Code.	63505

"ICF/MR services" means intermediate care facility for the	63506
mentally retarded services covered by the medicaid program that an	63507
intermediate care facility for the mentally retarded provides to a	63508
resident of the facility who is a medicaid recipient eligible for	63509
medicaid-covered intermediate care facility for the mentally	63510
retarded services.	63511

"Intermediate care facility for the mentally retarded" means	63512
an intermediate care facility for the mentally retarded that is	63513
certified as in compliance with applicable standards for the	63514
medicaid program by the director of health in accordance with	63515
Title XIX of the "Social Security Act," 79 Stat. 286 (1965), 42	63516
U.S.C. 1396, as amended, and licensed as a residential facility	63517
under section 5123.19 of the Revised Code.	63518

"Residential facility" has the same meaning as in section	63519
5123.19 of the Revised Code.	63520

(B) For the purpose of increasing the number of slots	63521
available for home and community-based services and subject to	63522
sections 5111.877 and 5111.878 of the Revised Code, the operator	63523
of an intermediate care facility for the mentally retarded may	63524
convert some or all of the beds in the facility from providing	63525
ICF/MR services to providing home and community-based services if	63526
all of the following requirements are met:	63527

(1) The operator provides the directors of health~~, job and~~	63528
~~family services,~~ and developmental disabilities at least ninety	63529
days' notice of the operator's intent to make the conversion.	63530

(2) The operator complies with the requirements of sections	63531
5111.65 to 5111.689 of the Revised Code regarding a voluntary	63532
termination as defined in section 5111.65 of the Revised Code if	63533
those requirements are applicable.	63534

(3) If the operator intends to convert all of the facility's	63535
beds, the operator notifies each of the facility's residents that	63536
the facility is to cease providing ICF/MR services and inform each	63537
resident that the resident may do either of the following:	63538

(a) Continue to receive ICF/MR services by transferring to	63539
another facility that is an intermediate care facility for the	63540
mentally retarded willing and able to accept the resident if the	63541
resident continues to qualify for ICF/MR services;	63542

(b) Begin to receive home and community-based services	63543
instead of ICF/MR services from any provider of home and	63544
community-based services that is willing and able to provide the	63545
services to the resident if the resident is eligible for the	63546
services and a slot for the services is available to the resident.	63547

(4) If the operator intends to convert some but not all of	63548
the facility's beds, the operator notifies each of the facility's	63549
residents that the facility is to convert some of its beds from	63550
providing ICF/MR services to providing home and community-based	63551
services and inform each resident that the resident may do either	63552
of the following:	63553

(a) Continue to receive ICF/MR services from any provider of	63554
ICF/MR services that is willing and able to provide the services	63555
to the resident if the resident continues to qualify for ICF/MR	63556
services;	63557

(b) Begin to receive home and community-based services	63558
instead of ICF/MR services from any provider of home and	63559
community-based services that is willing and able to provide the	63560
services to the resident if the resident is eligible for the	63561
services and a slot for the services is available to the resident.	63562

(5) The operator meets the requirements for providing home	63563
and community-based services, including the following:	63564

(a) Such requirements applicable to a residential facility if	63565
the operator maintains the facility's license as a residential	63566
facility;	63567

(b) Such requirements applicable to a facility that is not	63568
licensed as a residential facility if the operator surrenders the	63569
facility's license as a residential facility ~~license~~ under section	63570
5123.19 of the Revised Code.	63571

(6) The ~~directors~~director of developmental disabilities ~~and~~	63572
~~job and family services approve~~approves the conversion.	63573

(C) A decision by the ~~directors~~director of developmental	63574
disabilities to approve or refuse to approve a proposed conversion	63575
of beds is final. In making a decision, the ~~directors~~director	63576
shall consider all of the following:	63577

(1) The fiscal impact on the facility if some but not all of	63578
the beds are converted;	63579

(2) The fiscal impact on the medical assistance program;

63580

(3) The availability of home and community-based services.

63581

(D) The notice provided to the directors under division	63582
(B)(1) of this section shall specify whether some or all of the	63583
facility's beds are to be converted. If some but not all of the	63584
beds are to be converted, the notice shall specify how many of the	63585
facility's beds are to be converted and how many of the beds are	63586
to continue to provide ICF/MR services. The notice to the director	63587
of developmental disabilities shall specify whether the operator	63588
wishes to surrender the facility's license as a residential	63589
facility under section 5123.19 of the Revised Code.	63590

(E)(1) If the ~~directors~~director of developmental	63591
disabilities ~~and job and family services approve~~approves a	63592
conversion under division (C) of this section, the director of	63593
health shall do the following:	63594

(a) Terminate the certification of the intermediate care	63595
facility for the mentally retarded if the notice specifies that	63596
all of the facility's beds are to be converted;	63597

(b) Reduce the facility's certified capacity by the number of	63598
beds being converted if the notice specifies that some but not all	63599
of the beds are to be converted.	63600

(2) The director of health shall notify the director of job	63601
and family services of the termination or reduction. On receipt of	63602
the director of health's notice, the director of job and family	63603
services shall do the following:	63604

(a) Terminate the operator's medicaid provider agreement that	63605
authorizes the operator to provide ICF/MR services at the facility	63606
if the facility's certification was terminated;	63607

(b) Amend the operator's medicaid provider agreement to	63608
reflect the facility's reduced certified capacity if the	63609
facility's certified capacity is reduced.	63610

(3) In the case of action taken under division (E)(2)(a) of	63611
this section, the operator is not entitled to notice or a hearing	63612
under Chapter 119. of the Revised Code before the director of job	63613
and family services terminates the medicaid provider agreement.	63614

Sec. 5111.877. The director of job and family services may	63615
seek approval from the United States secretary of health and human	63616
services for not more than a total of ~~two~~five hundred slots for	63617
home and community-based services for the purposes of sections	63618
5111.874, 5111.875, and 5111.876 of the Revised Code.	63619

Sec. 5111.878. Not more than a total of ~~one~~five hundred beds	63620
may be converted from providing ICF/MR services to providing home	63621
and community-based services under sections 5111.874 and 5111.875	63622
of the Revised Code.	63623

Sec. 5111.89. (A) As used in sections 5111.89 to 5111.894 of	63624
the Revised Code:	63625

"Area agency on aging" has the same meaning as in section	63626
173.14 of the Revised Code.	63627

"Assisted living program" means the program created under	63628
this section.	63629

"Assisted living services" means the following home and	63630
community-based services: personal care, homemaker, chore,	63631
attendant care, companion, medication oversight, and therapeutic	63632
social and recreational programming.	63633

"Assisted living waiver" means the federal medicaid waiver	63634
granted by the United States secretary of health and human	63635
services that authorizes the medicaid-funded component of the	63636
assisted living program.	63637

"County or district home" means a county or district home	63638
operated under Chapter 5155. of the Revised Code.	63639

"Long-term care consultation program" means the program the	63640
department of aging is required to develop under section 173.42 of	63641
the Revised Code.	63642

"Long-term care consultation program administrator" or	63643
"administrator" means the department of aging or, if the	63644
department contracts with an area agency on aging or other entity	63645
to administer the long-term care consultation program for a	63646
particular area, that agency or entity.	63647

"Medicaid waiver component" has the same meaning as in	63648
section 5111.85 of the Revised Code.	63649

"Nursing facility" has the same meaning as in section 5111.20	63650
of the Revised Code.	63651

"Residential care facility" has the same meaning as in	63652
section 3721.01 of the Revised Code.	63653

"Unified long-term services and support medicaid waiver	63654
component" means the medicaid waiver component authorized by	63655
section 5111.864 of the Revised Code.	63656

(B) There is hereby created the assisted living program. The	63657
program shall provide assisted living services to individuals who	63658
meet the program's applicable eligibility requirements. Subject to	63659
division (C) of this section, the program shall have a	63660
medicaid-funded component and a state-funded component.	63661

(C)(1) Unless the medicaid-funded component of the assisted	63662
living program is terminated under division (C)(2) of this	63663
section, all of the following apply:	63664

(a) The department of aging shall administer the	63665
medicaid-funded component through a contract entered into with the	63666
department of job and family services under section 5111.91 of the	63667
Revised Code.	63668

(b) The contract shall include an estimate of the	63669
medicaid-funded component's costs.	63670

(c) The medicaid-funded component shall be operated as a	63671
separate medicaid waiver component.	63672

(d) The medicaid-funded component may not serve more	63673
individuals than is set by the United States secretary of health	63674
and human services in the assisted living waiver.	63675

(e) The director of job and family services may adopt rules	63676
under section 5111.85 of the Revised Code regarding the	63677
medicaid-funded component.	63678

(f) The director of aging may adopt rules under Chapter 119.	63679
of the Revised Code regarding the medicaid-funded component that	63680
the rules adopted by the director of job and family services under	63681
division (C)(1)(e) of this section authorize the director of aging	63682
to adopt.	63683

(2) If the unified long-term services and support medicaid	63684
waiver component is created, the departments of aging and job and	63685
family services shall work together to determine whether the	63686
medicaid-funded component of the assisted living program should	63687
continue to operate as a separate medicaid waiver component or be	63688
terminated. If the departments determine that the medicaid-funded	63689
component of the assisted living program should be terminated, the	63690
medicaid-funded component shall cease to exist on a date the	63691
departments shall specify.	63692

(D) The department of aging shall administer the state-funded	63693
component of the assisted living program. The state-funded	63694
component shall not be administered as part of the medicaid	63695
program.	63696

An individual who is eligible for the state-funded component	63697
may participate in the component for not more than ~~three months~~	63698
ninety days.	63699

The director of aging shall adopt rules in accordance with	63700
section 111.15 of the Revised Code to implement the state-funded	63701
component.	63702

Sec. 5111.894. (A) Subject to division (C)(2) of section	63703
5111.89 of the Revised Code, the department of aging shall	63704
establish a home first component of the assisted living program	63705
under which eligible individuals may be enrolled in the	63706
medicaid-funded component of the assisted living program in	63707
accordance with this section. An individual is eligible for the	63708
assisted living program's home first component if both of the	63709
following apply:	63710

(1) The individual has been determined to be eligible for the	63711
medicaid-funded component of the assisted living program.	63712

(2) At least one of the following applies:

63713

(a) The individual has been admitted to a nursing facility.

63714

(b) A physician has determined and documented in writing that	63715
the individual has a medical condition that, unless the individual	63716
is enrolled in home and community-based services such as the	63717
assisted living program, will require the individual to be	63718
admitted to a nursing facility within thirty days of the	63719
physician's determination.	63720

(c) The individual has been hospitalized and a physician has	63721
determined and documented in writing that, unless the individual	63722
is enrolled in home and community-based services such as the	63723
assisted living program, the individual is to be transported	63724
directly from the hospital to a nursing facility and admitted.	63725

(d) Both of the following apply:

63726

(i) The individual is the subject of a report made under	63727
section 5101.61 of the Revised Code regarding abuse, neglect, or	63728
exploitation or such a report referred to a county department of	63729
job and family services under section 5126.31 of the Revised Code	63730
or has made a request to a county department for protective	63731
services as defined in section 5101.60 of the Revised Code.	63732

(ii) A county department of job and family services and an	63733
area agency on aging have jointly documented in writing that,	63734
unless the individual is enrolled in home and community-based	63735
services such as the assisted living program, the individual	63736
should be admitted to a nursing facility.	63737

~~(e) The individual resided in a residential care facility for~~	63738
~~at least six months immediately before applying for the~~	63739
~~medicaid-funded component of the assisted living program and is at~~	63740
~~risk of imminent admission to a nursing facility because the costs~~	63741
~~of residing in the residential care facility have depleted the~~	63742
~~individual's resources such that the individual is unable to~~	63743
~~continue to afford the cost of residing in the residential care~~	63744
~~facility.~~	63745

(B) Each month, each area agency on aging shall identify	63746
individuals residing in the area that the area agency on aging	63747
serves who are eligible for the home first component of the	63748
assisted living program. When an area agency on aging identifies	63749
such an individual and determines that there is a vacancy in a	63750
residential care facility participating in the medicaid-funded	63751
component of the assisted living program that is acceptable to the	63752
individual, the agency shall notify the long-term care	63753
consultation program administrator serving the area in which the	63754
individual resides. The administrator shall determine whether the	63755
assisted living program is appropriate for the individual and	63756
whether the individual would rather participate in the assisted	63757
living program than continue or begin to reside in a nursing	63758
facility. If the administrator determines that the assisted living	63759
program is appropriate for the individual and the individual would	63760
rather participate in the assisted living program than continue or	63761
begin to reside in a nursing facility, the administrator shall so	63762
notify the department of aging. On receipt of the notice from the	63763
administrator, the department shall approve the individual's	63764
enrollment in the medicaid-funded component of the assisted living	63765
program regardless of the unified waiting list established under	63766
section 173.404 of the Revised Code, unless the enrollment would	63767
cause the component to exceed any limit on the number of	63768
individuals who may participate in the component as set by the	63769
United States secretary of health and human services in the	63770
assisted living waiver.	63771

Sec. 5111.941. (A) The ~~medicaid revenue and collections~~	63772
health care/medicaid support and recoveries fund is hereby created	63773
in the state treasury. ~~Except~~All of the following shall be	63774
credited to the fund:	63775

(1) Except as otherwise provided by statute or as authorized	63776
by the controlling board, the nonfederal share of all	63777
medicaid-related revenues, collections, and recoveries ~~shall be~~	63778
~~credited to the fund~~;	63779

(2) Federal reimbursement received for payment adjustments	63780
made pursuant to section 1923 of the "Social Security Act," 101	63781
Stat. 1330-148 (1987), 42 U.S.C. 1396r-4, as amended, under the	63782
medicaid program to state mental health hospitals maintained and	63783
operated by the department of mental health under division (A) of	63784
section 5119.02 of the Revised Code;	63785

(3) Revenues the department of job and family services	63786
receives from another state agency for medicaid services pursuant	63787
to an interagency agreement, other than such revenues required to	63788
be deposited into the health care services administration fund	63789
created under section 5111.94 of the Revised Code;	63790

(4) The first seven hundred fifty thousand dollars the	63791
department receives in a fiscal year for performing eligibility	63792
verification services necessary for compliance with the	63793
independent, certified audit requirement of 42 C.F.R. 455.304.	63794

(B) The department of job and family services shall use money	63795
credited to the ~~medicaid revenue and collections~~health	63796
care/medicaid support and recoveries fund to pay for medicaid	63797
services and contracts.	63798

Sec. 5111.946. (A) As used in this section, "medicaid	63799
managed care organization" means a managed care organization under	63800
contract with the department of job and family services pursuant	63801
to section 5111.17 of the Revised Code.	63802

(B) There is hereby created in the state treasury the health	63803
care compliance fund. All of the following shall be credited to	63804
the fund:	63805

(1) All fines imposed on and collected from medicaid managed	63806
care organizations for failure to meet performance standards or	63807
other requirements specified in provider agreements or rules	63808
adopted by the department;	63809

(2) Money the department receives in a fiscal year for	63810
performing eligibility verification services necessary for	63811
compliance with the independent, certified audit requirement of 42	63812
C.F.R. 455.304, other than the amounts of such money that are to	63813
be credited to the health care/medicaid support and recoveries	63814
fund under section 5111.941 of the Revised Code;	63815

(3) All investment earnings of the fund.

63816

(C) Money credited to the health care compliance fund shall	63817
be used solely for the following purposes:	63818

(1) To reimburse medicaid managed care organizations that	63819
have paid fines for failure to meet performance standards or other	63820
requirements and have come into compliance by meeting requirements	63821
as specified by the department;	63822

(2) To provide financial incentive awards established	63823
pursuant to section 5111.171 of the Revised Code and specified in	63824
contracts between medicaid managed care organizations and the	63825
department.	63826

Sec. 5111.96. (A) As used in this section, "MFP	63827
demonstration project" means a money follows the person	63828
demonstration project that the United States secretary of health	63829
and human services is authorized to award under section 6071 of	63830
the Deficit Reduction Act of 2005 (Pub. L. No. 109-171, as	63831
amended).	63832

(B) To the extent funds are available under an MFP	63833
demonstration project awarded to the department of job and family	63834
services, the director of job and family services may operate the	63835
helping Ohioans move, expanding (HOME) choice demonstration	63836
component of the medicaid program to transition medicaid	63837
recipients who qualify for the demonstration component to	63838
community settings. The director may adopt rules in accordance	63839
with Chapter 119. of the Revised Code for the administration and	63840
operation of the demonstration component.	63841

Sec. 5111.97. (A) As used in this section~~, "nursing~~:

63842

(1) "Home and community-based services medicaid waiver	63843
component" has the same meaning as in section 5111.85 of the	63844
Revised Code.	63845

(2) "Nursing facility" has the same meaning as in section	63846
5111.20 of the Revised Code.	63847

(B) To the extent funds are available, the director of job	63848
and family services may establish the Ohio access success project	63849
to help medicaid recipients make the transition from residing in a	63850
nursing facility to residing in a community setting. The project	63851
may be established as a separate nonmedicaid program or integrated	63852
into a new or existing ~~program of medicaid-funded~~ home and	63853
community-based services ~~authorized by a~~medicaid waiver ~~approved~~	63854
~~by the United States department of health and human services~~	63855
component. The director shall permit any recipient of	63856
medicaid-funded nursing facility services to apply for	63857
participation in the project, but may limit the number of project	63858
participants.	63859

The director shall ensure that an assessment of an applicant	63860
is conducted as soon as practicable to determine whether the	63861
applicant is eligible for participation in the project. To the	63862
maximum extent possible, the assessment and eligibility	63863
determination shall be completed not later than the date that	63864
occurs six months after the applicant became a recipient of	63865
medicaid-funded nursing facility services.	63866

(C) To be eligible for benefits under the project, a medicaid	63867
recipient must satisfy all of the following requirements:	63868

(1) The medicaid recipient must be a recipient of	63869
medicaid-funded nursing facility services, at the time of applying	63870
for the project benefits.	63871

(2) If the project is established as a nonmedicaid program,	63872
the medicaid recipient must be able to remain in the community as	63873
a result of receiving project benefits and the projected cost of	63874
the benefits to the project does not exceed eighty per cent of the	63875
average monthly medicaid cost of a medicaid recipient in a nursing	63876
facility.	63877

(3) If the project is integrated into a ~~medicaid-funded~~ home	63878
and community-based services medicaid waiver ~~program~~component,	63879
the medicaid recipient must meet the waiver component's enrollment	63880
criteria.	63881

(D) If the director establishes the Ohio access success	63882
project, the benefits provided under the project may include	63883
payment of all of the following:	63884

(1) The first month's rent in a community setting;

63885

(2) Rental deposits;

63886

(3) Utility deposits;

63887

(4) Moving expenses;

63888

(5) Other expenses not covered by the medicaid program that	63889
facilitate a medicaid recipient's move from a nursing facility to	63890
a community setting.	63891

(E) If the project is established as a nonmedicaid program,	63892
no participant may receive more than two thousand dollars' worth	63893
of benefits under the project.	63894

(F) If the department of job and family services enters into	63895
a contract with an entity to provide fiscal management services	63896
regarding the project, the contract may provide for a portion of a	63897
participant's benefits under the project to be paid to the	63898
contracting entity. The contract shall specify the portion to be	63899
paid to the contracting entity.	63900

(G) The director may submit a request to the United States	63901
secretary of health and human services pursuant to section 1915 of	63902
the "Social Security Act," 7995 Stat. ~~286~~809 (~~1965~~1981), 42	63903
U.S.C. 1396n, as amended, to create a ~~medicaid~~ home and	63904
community-based services medicaid waiver ~~program~~component to	63905
serve individuals who meet the criteria for participation in the	63906
Ohio access success project. ~~The~~	63907

(H) The director may adopt rules ~~under~~in accordance with	63908
Chapter 119. of the Revised Code for the administration and	63909
operation of the project. If the project is integrated into a home	63910
and community-based services medicaid waiver component, the rules	63911
shall be adopted under section 5111.85 of the Revised Code.	63912

Sec. 5112.31. The department of job and family services	63913
shall do all of the following:	63914

(A) Subject to section 5112.331 of the Revised Code and	63915
divisions (B) and (C) of this section and for the purposes	63916
specified in ~~sections 5112.37 and~~section 5112.371 of the Revised	63917
Code, assess for each fiscal year each intermediate care facility	63918
for the mentally retarded a franchise permit fee equal to the	63919
franchise permit fee rate multiplied by the product of the	63920
following:	63921

(1) The number of beds certified under Title XIX of the	63922
"Social Security Act" on the first day of May of the calendar year	63923
in which the assessment is determined pursuant to division (A) of	63924
section 5112.33 of the Revised Code;	63925

(2) The number of days in the fiscal year.

63926

(B) If the total amount of the franchise permit fee assessed	63927
under division (A) of this section for a fiscal year exceeds the	63928
indirect guarantee percentage of the actual net patient revenue	63929
for all intermediate care facilities for the mentally retarded for	63930
that fiscal year and seventy-five per cent or more of the total	63931
number of intermediate care facilities for the mentally retarded	63932
receive enhanced medicaid payments or other state payments equal	63933
to seventy-five per cent or more of their total franchise permit	63934
fee assessments, do both of the following:	63935

(1) Recalculate the assessments under division (A) of this	63936
section using a per bed per day rate equal to the indirect	63937
guarantee percentage of actual net patient revenue for all	63938
intermediate care facilities for the mentally retarded for that	63939
fiscal year;	63940

(2) Refund the difference between the amount of the franchise	63941
permit fee assessed for that fiscal year under division (A) of	63942
this section and the amount recalculated under division (B)(1) of	63943
this section as a credit against the assessments imposed under	63944
division (A) of this section for the subsequent fiscal year.	63945

(C) If the United States secretary of health and human	63946
services determines that the franchise permit fee established by	63947
sections 5112.30 to 5112.39 of the Revised Code would be an	63948
impermissible health care-related tax under section 1903(w) of the	63949
"Social Security Act," 105 Stat. 1793 (1991), 42 U.S.C.A.	63950
1396b(w), as amended, take all necessary actions to cease	63951
implementation of those sections in accordance with rules adopted	63952
under section 5112.39 of the Revised Code.	63953

Sec. 5112.33. (A) Not later than the fifteenth day of August	63954
of each year, the department of job and family services shall	63955
determine the annual franchise permit fee for each intermediate	63956
care facility for the mentally retarded in accordance with section	63957
5112.31 of the Revised Code.	63958

(B) Not later than the first day of September of each year,	63959
the department shall mail to each intermediate care facility for	63960
the mentally retarded notice of the amount of the franchise permit	63961
fee the facility has been assessed under section 5112.31 of the	63962
Revised Code.	63963

(C) ~~Each~~Subject to section 5112.331 of the Revised Code,	63964
each intermediate care facility for the mentally retarded shall	63965
pay its fee under section 5112.31 of the Revised Code to the	63966
department in quarterly installment payments not later than	63967
forty-five days after the last day of each September, December,	63968
March, and June.	63969

Sec. 5112.331. (A) If, during the period beginning on the	63970
first day of May of a calendar year and ending on the first day of	63971
January of the immediately following calendar year, the operator	63972
of an intermediate care facility for the mentally retarded	63973
converts, pursuant to section 5111.874 of the Revised Code, one or	63974
more of the facility's beds to providing home and community-based	63975
services, the department of job and family services shall do the	63976
following:	63977

(1) If the facility's medicaid certification is terminated	63978
because of the conversion, terminate the facility's franchise	63979
permit fee effective on the first day of the quarter immediately	63980
following the quarter in which the department receives the notice	63981
of the conversion from the director of health;	63982

(2) If the facility's certified capacity under medicaid is	63983
reduced because of the conversion, redetermine the facility's	63984
franchise permit fee in accordance with division (B) of this	63985
section for the second half of the fiscal year for which the fee	63986
is assessed.	63987

(B)(1) To redetermine an intermediate care facility for the	63988
mentally retarded's franchise permit fee, the department shall	63989
multiply the franchise permit fee rate by the product of the	63990
following:	63991

(a) The number of the facility's beds that remain certified	63992
under Title XIX of the "Social Security Act" as of the date the	63993
conversion takes effect;	63994

(b) The number of days in the second half of the fiscal year	63995
for which the redetermination is made.	63996

(2) The intermediate care facility for the mentally retarded	63997
shall pay its franchise permit fee as redetermined under division	63998
(B)(1) of this section in installment payments not later than	63999
forty-five days after the last day of March and June of the fiscal	64000
year for which the redetermination is made.	64001

Sec. 5112.341. (A) In addition to assessing a penalty	64002
pursuant to section 5112.34 of the Revised Code, the department of	64003
job and family services may do any of the following if an	64004
intermediate care facility for the mentally retarded fails to pay	64005
the full amount of a franchise permit fee installment when due:	64006

(1) Withhold an amount less than or equal to the installment	64007
and penalty assessed under section 5112.34 of the Revised Code	64008
from a medicaid payment due the facility until the facility pays	64009
the installment and penalty;	64010

(2) Offset an amount less than or equal to the installment	64011
and penalty assessed under section 5112.34 of the Revised Code	64012
from a ~~Medicaid~~medicaid payment due the ~~nursing~~ facility or	64013
~~hospital~~;	64014

(3) Terminate the facility's medicaid provider agreement.

64015

(B) The department may offset a medicaid payment under	64016
division (A) of this section without providing notice to the	64017
intermediate care facility for the mentally retarded and without	64018
conducting an adjudication under Chapter 119. of the Revised Code.	64019

Sec. 5112.37. There is hereby created in the state treasury	64020
the home and community-based services for the mentally retarded	64021
and developmentally disabled fund. ~~Eighty-one and seventy-seven~~	64022
~~hundredths per cent of all~~All installment payments and penalties	64023
paid by an intermediate care facility for the mentally retarded	64024
under sections 5112.33 and 5112.34 of the Revised Code ~~for state~~	64025
~~fiscal year 2012~~ shall be deposited into the fund. ~~Eighty-two and~~	64026
~~two tenths per cent of all installment payments and penalties paid~~	64027
~~by an intermediate care facility for the mentally retarded under~~	64028
~~sections 5112.33 and 5112.34 of the Revised Code for state fiscal~~	64029
~~year 2013 and thereafter shall be deposited into the fund. The~~	64030
~~department~~As soon as possible after the end of each quarter, the	64031
director of job and family services shall ~~distribute~~certify to	64032
the director of budget and management the amount of money inthat	64033
is in the fund ~~in accordance with rules adopted under section~~	64034
~~5112.39 of the Revised Code~~as of the last day of that quarter.	64035
~~The departments of job and family services and developmental~~	64036
~~disabilities shall use the money for the medicaid program~~	64037
~~established under Chapter 5111. of the Revised Code and home and~~	64038
~~community-based services to mentally retarded and developmentally~~	64039
~~disabled persons.~~On receipt of a certification, the director of	64040
budget and management shall transfer the amount so certified from	64041
the home and community-based services for the mentally retarded	64042
and developmentally disabled fund to the department of	64043
developmental disabilities operating and services fund created	64044
under section 5112.371 of the Revised Code.	64045

Sec. 5112.371. There is hereby created in the state treasury	64046
the department of developmental disabilities operating and	64047
services fund. ~~All installment payments and penalties paid by an~~	64048
~~intermediate care facility for the mentally retarded under~~	64049
~~sections 5112.33 and 5112.34 of the Revised Code that are not~~	64050
~~deposited into the home and community-based services for the~~	64051
~~mentally retarded and developmentally disabled fund shall be~~	64052
~~deposited into the department of developmental disabilities~~	64053
~~operating and services~~The fund shall consist of the money	64054
transferred to it under section 5112.37 of the Revised Code. The	64055
money in the fund shall be used for the expenses of the programs	64056
that the department of developmental disabilities administers and	64057
the department's administrative expenses.	64058

Sec. 5112.39. The director of job and family services shall	64059
adopt rules in accordance with Chapter 119. of the Revised Code to	64060
do ~~all~~both of the following:	64061

(A) Prescribe the actions the department will take to cease	64062
implementation of sections 5112.30 to 5112.39 of the Revised Code	64063
if the United States secretary of health and human services	64064
determines that the franchise permit fee imposed under section	64065
5112.31 of the Revised Code is an impermissible health	64066
care-related tax under section 1903(w) of the "Social Security	64067
Act," 49105 Stat. ~~620~~1793 (~~1935~~1991), 42 U.S.C.A. 1396b(w), as	64068
amended;	64069

(B) ~~Establish the method of distributing the money in the~~	64070
~~home and community-based services for the mentally retarded and~~	64071
~~developmentally disabled fund created by section 5112.37 of the~~	64072
~~Revised Code;~~	64073

~~(C)~~ Establish any other requirements or procedures the	64074
director considers necessary to implement sections 5112.30 to	64075
5112.39 of the Revised Code.	64076

Sec. 5119.22. (A)~~(1)~~ As used in this section and section	64077
5119.221 of the Revised Code:	64078

~~(a)~~(1) "Accommodations" means housing, daily meal	64079
preparation, laundry, housekeeping, arranging for transportation,	64080
social and recreational activities, maintenance, security, and	64081
other services that do not constitute personal care services or	64082
skilled nursing care.	64083

(2) "ADAMHS board" means a board of alcohol, drug addiction,	64084
and mental health services.	64085

(3) "Adult" means a person who is eighteen years of age or	64086
older, other than a person described in division (A)(4) of this	64087
section who is between eighteen and twenty-one years of age.	64088

(4) "Child" means a person who is under eighteen years of age	64089
or a person with a mental disability who is under twenty-one years	64090
of age.	64091

(5) "Community mental health agency" means a community mental	64092
health agency as defined in division (H) of section 5122.01 of the	64093
Revised Code.	64094

~~(b)~~(6) "Community mental health services" means any of the	64095
services listed in section 340.09 of the Revised Code.	64096

~~(c)~~(7) "Operator" means the person that is responsible for	64097
the administration and management of a residential facility.	64098

(8) "Personal care services" means services including, but	64099
not limited to, the following:	64100

~~(i)~~(a) Assisting residents with activities of daily living;

64101

~~(ii)~~(b) Assisting residents with self-administration of	64102
medication in accordance with rules adopted under this section;	64103

~~(iii)~~(c) Preparing special diets, other than complex	64104
therapeutic diets, for residents pursuant to the instructions of a	64105
physician or a licensed dietitian, in accordance with rules	64106
adopted under this section.	64107

"Personal care services" does not include "skilled nursing	64108
care" as defined in section 3721.01 of the Revised Code. A	64109
facility need not provide more than one of the services listed in	64110
division (A)~~(1)(c)~~(8) of this section to be considered to be	64111
providing personal care services.	64112

~~(d)~~(9) "Residential facility" means a publicly or privately	64113
operated home or facility that provides one of the following:	64114

~~(i) Room and board~~(a) Accommodations, supervision, personal	64115
care services, and community mental health services tofor one or	64116
more of the following unrelated persons ~~with mental illness or~~	64117
~~persons with severe mental disabilities~~ who are referred by or are	64118
receiving community mental health services from a community mental	64119
health agency, hospital, or practitioner;:	64120

(i) Adults with mental illness;

64121

(ii) Persons of any age with severe mental disabilities;

64122

(iii) Children with serious emotional disturbances or in need	64123
of mental health services.	64124

~~(ii) Room and board~~(b) Accommodations and personal care	64125
services for only one or two adults who are unrelated to the owner	64126
of the facility; accommodations, supervision, and personal care	64127
services tofor three to sixteen unrelated adults; or	64128
accommodations, supervision, and personal care services for one or	64129
two of the following unrelated persons:	64130

(i) Persons of any age with mental illness ~~or persons with~~	64131
~~severe mental disabilities~~ who are referred by or are receiving	64132
community mental health services from a community mental health	64133
agency, hospital, or practitioner;	64134

~~(iii) Room and board to~~(ii) Persons of any age with severe	64135
mental disabilities who are referred by or are receiving community	64136
mental health services from a community mental health agency,	64137
hospital, or practitioner.	64138

(c) Room and board for five or more of the following	64139
unrelated persons:	64140

(i) Adults with mental illness ~~or persons with severe mental~~	64141
~~disabilities~~ who are referred by or are receiving community mental	64142
health services from a community mental health agency, hospital,	64143
or practitioner;	64144

(ii) Adults with severe mental disabilities who are referred	64145
by or are receiving community mental health services from a	64146
community mental health agency, hospital, or practitioner.	64147

~~The following are not residential facilities~~(10)	64148
"Residential facility" does not include any of the following: ~~the~~	64149
~~residence of a relative or guardian of a mentally ill individual,~~	64150
a	64151

(a) A hospital subject to licensure under section 5119.20 of	64152
the Revised Code~~, a~~;	64153

(b) A residential facility ~~as defined in~~licensed under	64154
section 5123.19 of the Revised Code~~, a facility providing care for~~	64155
~~a child in the custody of a public children services agency or a~~	64156
~~private agency certified under section 5103.03 of the Revised~~	64157
~~Code, a foster care facility~~or otherwise regulated by the	64158
department of developmental disabilities;	64159

(c) An institution or association subject to certification	64160
under section 5103.03 of the Revised Code~~, an adult care facility~~	64161
~~subject to licensure under sections 5119.70 to 5119.88 of the~~	64162
~~Revised Code, and a~~;	64163

(d) A facility operated by a hospice care program licensed	64164
under section 3712.04 of the Revised Code that is used exclusively	64165
for care of hospice patients;	64166

(e) A nursing home, residential care facility, or home for	64167
the aging ~~subject to licensure under~~as defined in section 3721.02	64168
of the Revised Code;	64169

(f) An alcohol or drug addiction program as defined in	64170
section 3793.01 of the Revised Code;	64171

(g) A facility licensed to provide methadone treatment under	64172
section 3793.11 of the Revised Code;	64173

(h) Any facility that receives funding for operating costs	64174
from the department of development under any program established	64175
to provide emergency shelter housing or transitional housing for	64176
the homeless;	64177

(i) A terminal care facility for the homeless that has	64178
entered into an agreement with a hospice care program under	64179
section 3712.07 of the Revised Code;	64180

(j) A facility approved by the veterans administration under	64181
section 104(a) of the "Veterans Health Care Amendments of 1983,"	64182
97 Stat. 993, 38 U.S.C. 630, as amended, and used exclusively for	64183
the placement and care of veterans.	64184

(11) "Room and board" means the provision of sleeping and	64185
living space, meals or meal preparation, laundry services,	64186
housekeeping services, or any combination thereof.	64187

(12) "Supervision" means any of the following:

64188

(a) Observing a resident to ensure the resident's health,	64189
safety, and welfare while the resident engages in activities of	64190
daily living or other activities;	64191

(b) Reminding a resident to perform or complete an activity,	64192
such as reminding a resident to engage in personal hygiene or	64193
other self-care activities;	64194

64195

(13) "Unrelated" means that a resident is not related to the	64196
owner or operator of a residential facility or to the owner's or	64197
operator's spouse as a parent, grandparent, child, stepchild,	64198
grandchild, brother, sister, niece, nephew, aunt, or uncle, or as	64199
the child of an aunt or uncle.	64200

~~(2)~~(B) Nothing in division (A)~~(1)(d)~~(9) of this section shall	64201
be construed to permit personal care services to be imposed on a	64202
resident who is capable of performing the activity in question	64203
without assistance.	64204

~~(3)~~(C) Except in the case of a residential facility described	64205
in division (A)~~(1)(d)(i)~~(9)(a) of this section, members of the	64206
staff of a residential facility shall not administer medication to	64207
the facility's residents, ~~all medication taken by residents of a~~	64208
~~residential facility shall be self-administered, and no person~~	64209
~~shall be admitted to or retained by a residential facility unless~~	64210
~~the person is capable of taking the person's own medication and~~	64211
~~biologicals, as determined in writing by the person's personal~~	64212
~~physician. Members of the staff of a residential facility~~but may	64213
do any of the following:	64214

~~(a)~~(1) Remind a resident when to take medication and watch to	64215
ensure that the resident follows the directions on the container;	64216

~~(b)~~(2) Assist a resident in the self-administration of	64217
medication by taking the medication from the locked area where it	64218
is stored, in accordance with rules adopted pursuant to this	64219
section, and handing it to the resident. If the resident is	64220
physically unable to open the container, a staff member may open	64221
the container for the resident.	64222

~~(c)~~(3) Assist a physically impaired but mentally alert	64223
resident, such as a resident with arthritis, cerebral palsy, or	64224
Parkinson's disease, in removing oral or topical medication from	64225
containers and in consuming or applying the medication, upon	64226
request by or with the consent of the resident. If a resident is	64227
physically unable to place a dose of medicine to the resident's	64228
mouth without spilling it, a staff member may place the dose in a	64229
container and place the container to the mouth of the resident.	64230

~~(B) Every~~(D)(1) Except as provided in division (D)(2) of	64231
this section, a person operating or ~~desiring~~seeking to operate a	64232
residential facility shall apply for licensure of the facility to	64233
the department of mental health ~~and~~. The application shall be	64234
submitted by the operator. When applying for the license, the	64235
applicant shall pay to the department the application fee	64236
specified in rules adopted under division (L) of this section. The	64237
fee is nonrefundable.	64238

The department shall send a copy of ~~the~~an application to the	64239
ADAMHS board ~~of alcohol, drug addiction, and mental health~~	64240
~~services whose service district includes~~serving the county in	64241
which the person operates or ~~desires~~seeks to operate a	64242
~~residential~~the facility. The ADAMHS board shall review ~~such~~	64243
~~applications and recommend approval or disapproval to the~~	64244
~~department. Each recommendation shall be consistent with the~~	64245
~~board's community mental health plan.~~	64246

~~(C)~~the application and provide to the department any	64247
information about the applicant or the facility that the board	64248
would like the department to consider in reviewing the	64249
application.	64250

(2) A person may not apply for a license to operate a	64251
residential facility if the person is or has been the owner,	64252
operator, or manager of a residential facility for which a license	64253
to operate was revoked or for which renewal of a license was	64254
refused for any reason other than nonpayment of the license	64255
renewal fee, unless both of the following conditions are met:	64256

(a) A period of not less than two years has elapsed since the	64257
date the director of mental health issued the order revoking or	64258
refusing to renew the facility's license.	64259

(b) The director's revocation or refusal to renew the license	64260
was not based on an act or omission at the facility that violated	64261
a resident's right to be free from abuse, neglect, or	64262
exploitation.	64263

(E)(1) Any person may operate a residential facility	64264
providing accommodations and personal care services for one to	64265
five unrelated persons and licensed as a residential facility that	64266
meets the criteria specified in division (A)(9)(b) of this section	64267
as a permitted use in any residential district or zone, including	64268
any single-family residential district or zone of any political	64269
subdivision. Such facilities may be required to comply with area,	64270
height, yard, and architectural compatibility requirements that	64271
are uniformly imposed upon all single-family residences within the	64272
district or zone.	64273

(2) Any person may operate a residential facility providing	64274
accommodations and personal care services for six to sixteen	64275
persons and licensed as a residential facility that meets the	64276
criteria specified in division (A)(9)(b) of this section as a	64277
permitted use in any multiple-family residential district or zone	64278
of any political subdivision, except that a political subdivision	64279
that has enacted a zoning ordinance or resolution establishing	64280
planned-unit development districts as defined in section 519.021	64281
of the Revised Code may exclude such facilities from such	64282
districts, and a political subdivision that has enacted a zoning	64283
ordinance or resolution may regulate such facilities in	64284
multiple-family residential districts or zones as a conditionally	64285
permitted use or special exception, in either case, under	64286
reasonable and specific standards and conditions set out in the	64287
zoning ordinance or resolution to:	64288

(a) Require the architectural design and site layout of the	64289
home and the location, nature, and height of any walls, screens,	64290
and fences to be compatible with adjoining land uses and the	64291
residential character of the neighborhood;	64292

(b) Require compliance with yard, parking, and sign	64293
regulation.	64294

(3) Divisions (E)(1) and (2) of this section do not affect	64295
any right of a political subdivision to permit a person to operate	64296
a residential facility licensed under this section in a	64297
single-family residential district or zone under conditions	64298
established by the political subdivision.	64299

(4)(a) Notwithstanding divisions (E)(1) and (2) of this	64300
section and except as provided in division (E)(4)(b) of this	64301
section, a political subdivision that has enacted a zoning	64302
ordinance or resolution may limit the excessive concentration of	64303
licensed residential facilities that meet the criteria specified	64304
in division (A)(9)(b) of this section.	64305

(b) Division (E)(4)(a) of this section does not authorize a	64306
political subdivision to prevent or limit the continued existence	64307
and operation of residential facilities existing and operating on	64308
the effective date of this section and that meet the criteria	64309
specified in division (A)(9)(b) of this section. A political	64310
subdivision may consider the existence of such facilities for the	64311
purpose of limiting the excessive concentration of such facilities	64312
that meet the criteria specified in division (A)(9)(b) of this	64313
section that are not existing and operating on the effective date	64314
of this section.	64315

(F)(1) The department of mental health shall inspect and	64316
license the operation of residential facilities. The department	64317
shall consider the past record of the facility and the applicant	64318
or licensee in arriving at its licensure decision. ~~The~~	64319

The department may issue full, probationary, and interim	64320
licenses. A full license shall expire two years after the date of	64321
issuance, a probationary license shall expire in a shorter period	64322
of time as ~~prescribed by rule~~specified in rules adopted by the	64323
director of mental health ~~pursuant to Chapter 119. of the Revised~~	64324
~~Code~~under division (L) of this section, and an interim license	64325
shall expire ninety days after the date of issuance. ~~The~~A license	64326
may be renewed in accordance with rules adopted by the director	64327
under division (L) of this section. The renewal application shall	64328
be submitted by the operator. When applying for renewal of a	64329
license, the applicant shall pay to the department the renewal fee	64330
specified in rules adopted under division (L) of this section. The	64331
fee is nonrefundable.	64332

(2) The department may issue an order suspending the	64333
admission of residents to the facility or refuse to issue or renew	64334
and may revoke a license if it finds the facility is not in	64335
compliance with rules adopted by the ~~department~~director pursuant	64336
to division ~~(G)~~(L) of this section or if any facility operated by	64337
the applicant or licensee has ~~had~~been cited for repeated	64338
violations of statutes or rules during the period of previous	64339
licenses. Proceedings initiated to deny applications for full or	64340
probationary licenses or to revoke such licenses are governed by	64341
Chapter 119. of the Revised Code.	64342

~~(D)~~(G) The department may issue an interim license to operate	64343
a residential facility if both of the following conditions are	64344
met:	64345

(1) The department determines that the closing of or the need	64346
to remove residents from another residential facility has created	64347
an emergency situation requiring immediate removal of residents	64348
and an insufficient number of licensed beds are available.	64349

(2) The residential facility applying for an interim license	64350
meets standards established for interim licenses in rules adopted	64351
by the director under ~~Chapter 119. of the Revised Code~~division	64352
(L) of this section.	64353

An interim license shall be valid for ninety days and may be	64354
renewed by the director no more than twice. Proceedings initiated	64355
to deny applications for or to revoke interim licenses under this	64356
division are not subject to Chapter 119. of the Revised Code.	64357

~~(E)~~(H)(1) The department of mental health may conduct an	64358
inspection of a residential facility as follows:	64359

~~(1)~~(a) Prior to ~~the~~ issuance of a license ~~to a prospective~~	64360
~~operator~~for the facility;	64361

~~(2)~~(b) Prior to ~~the~~ renewal of ~~any operator's~~the license;

64362

~~(3)~~(c) To determine whether athe facility has completed a	64363
plan of correction required pursuant to ~~this~~ division (H)(2) of	64364
this section and corrected deficiencies to the satisfaction of the	64365
department and in compliance with this section and rules adopted	64366
pursuant to it;	64367

~~(4)~~(d) Upon complaint by any individual or agency;

64368

~~(5)~~(e) At any time the director considers an inspection to be	64369
necessary in order to determine whether ~~a residential~~the facility	64370
is in compliance with this section and rules adopted pursuant to	64371
this section.	64372

(2) In conducting inspections the department may conduct an	64373
on-site examination and evaluation of the residential facility,	64374
and its personnel, activities, and services. The department shall	64375
have access to examine and copy all records, accounts, and any	64376
other documents relating to the operation of the residential	64377
facility, including records pertaining to residents, and shall	64378
have access to the facility in order to conduct interviews with	64379
the operator, staff, and residents. Following each inspection and	64380
review, the department shall complete a report listing any	64381
deficiencies, and including, when appropriate, a time table within	64382
which the operator shall correct the deficiencies. The department	64383
may require the operator to submit a plan of correction describing	64384
how the deficiencies will be corrected.	64385

~~(F)~~(I) No person shall do any of the following:

64386

(1) Operate a residential facility unless the facility holds	64387
a valid license;	64388

(2) Violate any of the conditions of licensure after having	64389
been granted a license;	64390

(3) Interfere with a state or local official's inspection or	64391
investigation of a residential facility;	64392

(4) Violate any of the provisions of this section or any	64393
rules adopted pursuant to this section.	64394

~~(G)~~(J) The following may enter a residential facility at any	64395
time:	64396

(1) Employees designated by the director of mental health;

64397

(2) Employees of an ADAMHS board under either of the	64398
following circumstances:	64399

(a) When a resident of the facility is receiving services	64400
from a community mental health agency under contract with that	64401
ADAMHS board or another ADAMHS board;	64402

(b) When authorized by section 340.05 of the Revised Code.

64403

(3) Employees of a community mental health agency under	64404
either of the following circumstances:	64405

(a) When the agency has a client residing in the facility;

64406

(b) When the agency is acting as an agent of an ADAMHS board	64407
other than the board with which it is under contract.	64408

(4) Representatives of the state long-term care ombudsperson	64409
program when the facility provides accommodations, supervision,	64410
and personal care services for three to sixteen unrelated adults	64411
or to one or two unrelated adults who are recipients under the	64412
residential state supplement program.	64413

The persons specified in division (J) of this section shall	64414
be afforded access to examine and copy all records, accounts, and	64415
any other documents relating to the operation of the residential	64416
facility, including records pertaining to residents.	64417

(K) Employees of the department of mental health may enter,	64418
for the purpose of investigation, any institution, residence,	64419
facility, or other structure which has been reported to the	64420
department as, or that the department has reasonable cause to	64421
believe is, operating as a residential facility without a valid	64422
license.	64423

(L) The director shall adopt and may amend and rescind rules	64424
pursuant to Chapter 119. of the Revised Code~~, prescribing minimum~~	64425
governing the licensing and operation of residential facilities.	64426
The rules shall establish all of the following:	64427

(1) Minimum standards for the health, safety, adequacy, and	64428
cultural ~~specificity and sensitivity~~competency of treatment of	64429
and services for persons in residential facilities; ~~establishing~~	64430
~~procedures~~	64431

(2) Procedures for the issuance, renewal or revocation of the	64432
licenses of ~~such~~residential facilities; ~~establishing the~~	64433

(3) Procedures for conducting criminal records checks for	64434
prospective operators, staff, and other individuals who, if	64435
employed by a residential facility, would have unsupervised access	64436
to facility residents;	64437

(4) The fee to be paid when applying for a new residential	64438
facility license or renewing the license;	64439

(5) Procedures for the operator of a residential facility to	64440
follow when notifying the ADAMHS board serving the county in which	64441
the facility is located when the facility is serving residents	64442
with mental illness or severe mental disability, including the	64443
circumstances under which the operator is required to make such a	64444
notification;	64445

(6) Procedures for the issuance and termination of orders of	64446
suspension of admission of residents to a residential facility;	64447

(7) Measures to be taken by residential facilities relative	64448
to residents' medication;	64449

(8) Requirements relating to preparation of special diets;

64450

(9) The maximum number of residents ofwho may be served in a	64451
residential facility; ~~establishing the~~	64452

(10) The rights of residents of residential facilities and	64453
procedures to protect such rights; ~~and requiring~~	64454

(11) Procedures for obtaining an affiliation agreement	64455
approved by the board between a residential facility and a	64456
community mental health agency~~. Such affiliation agreement must be~~	64457
~~consistent with the residential portion of the community mental~~	64458
~~health plan submitted pursuant to section 340.03 of the Revised~~	64459
~~Code~~;	64460

(12) Standards and procedures under which the director may	64461
waive the requirements of any of the rules adopted.	64462

~~(H) The department may investigate any facility that has been~~	64463
~~reported to the department or that the department has reasonable~~	64464
~~cause to believe is operating as a residential facility without a~~	64465
~~valid license.~~	64466

~~(I)~~(M)(1) The department may withhold the source of any	64467
complaint reported as a violation of this ~~act~~section when the	64468
department determines that disclosure could be detrimental to the	64469
department's purposes or could jeopardize the investigation. The	64470
department may disclose the source of any complaint if the	64471
complainant agrees in writing to such disclosure and shall	64472
disclose the source upon order by a court of competent	64473
jurisdiction.	64474

~~(J)~~(2) Any person who makes a complaint under division (M)(1)	64475
of this section, or any person who participates in an	64476
administrative or judicial proceeding resulting from such a	64477
complaint, is immune from civil liability and is not subject to	64478
criminal prosecution, other than for perjury, unless the person	64479
has acted in bad faith or with malicious purpose.	64480

(N)(1) The director of mental health may petition the court	64481
of common pleas of the county in which a residential facility is	64482
located for an order enjoining any person from operating a	64483
residential facility without a license or from operating a	64484
licensed facility when, in the director's judgment, there is a	64485
~~real and~~ present danger to the health or safety of any of the	64486
occupants of the facility. The court shall have jurisdiction to	64487
grant such injunctive relief upon a showing that the respondent	64488
named in the petition is operating a facility without a license or	64489
there is a ~~real and~~ present danger to the health or safety of any	64490
residents of the facility.	64491

~~(K) Whoever violates division (F) of this section or any rule~~	64492
~~adopted under this section is liable for a civil penalty of one~~	64493
~~hundred dollars for the first offense; for each subsequent~~	64494
~~offense, such violator is liable for a civil penalty of five~~	64495
~~hundred dollars. If the violator does not pay, the attorney~~	64496
~~general, upon the request of the director of mental health, shall~~	64497
~~bring a civil action to collect the penalty. Fines collected~~	64498
~~pursuant to this section shall be deposited into the state~~	64499
~~treasury to the credit of the mental health sale of goods and~~	64500
~~services fund.~~	64501

(2) When the court grants injunctive relief in the case of a	64502
facility operating without a license, the court shall issue, at a	64503
minimum, an order enjoining the facility from admitting new	64504
residents to the facility and an order requiring the facility to	64505
assist with the safe and orderly relocation of the facility's	64506
residents.	64507

(3) If injunctive relief is granted against a facility for	64508
operating without a license and the facility continues to operate	64509
without a license, the director shall refer the case to the	64510
attorney general for further action.	64511

(O) The director may fine a person for violating division (I)	64512
of this section. The fine shall be five hundred dollars for a	64513
first offense; for each subsequent offense, the fine shall be one	64514
thousand dollars. The director's actions in imposing a fine shall	64515
be taken in accordance with Chapter 119. of the Revised Code.	64516

Sec. 5119.61. Any provision in this chapter that refers to a	64517
board of alcohol, drug addiction, and mental health services also	64518
refers to the community mental health board in an alcohol, drug	64519
addiction, and mental health service district that has a community	64520
mental health board.	64521

The director of mental health with respect to all facilities	64522
and programs established and operated under Chapter 340. of the	64523
Revised Code for mentally ill and emotionally disturbed persons,	64524
shall do all of the following:	64525

(A) Adopt rules pursuant to Chapter 119. of the Revised Code	64526
that may be necessary to carry out the purposes of Chapter 340.	64527
and sections 5119.61 to 5119.63 of the Revised Code.	64528

(1) The rules shall include ~~all of~~ the following:

64529

(a) Rules governing a community mental health agency's	64530
services under section 340.091 of the Revised Code to an	64531
individual referred to the agency under division ~~(C)~~(D)(2) of	64532
section 5119.69 of the Revised Code;	64533

(b) For the purpose of division (A)(16) of section 340.03 of	64534
the Revised Code, rules governing the duties of mental health	64535
agencies and boards of alcohol, drug addiction, and mental health	64536
services ~~under section 5119.88 of the Revised Code~~ regarding	64537
referrals of individuals with mental illness or severe mental	64538
disability to ~~adult care~~residential facilities as defined in	64539
division (A)(9)(b) of section 5119.22 of the Revised Code and	64540
effective arrangements for ongoing mental health services for the	64541
individuals. ~~The rules shall do at least the following:~~	64542

~~(i) Provide for agencies and boards to participate fully in~~	64543
~~the procedures owners and managers of adult care facilities must~~	64544
~~follow under division (A) of section 5119.88 of the Revised Code;~~	64545

~~(ii) Specify the manner in which boards are accountable for~~	64546
~~ensuring that ongoing mental health services are effectively~~	64547
~~arranged for individuals with mental illness or severe mental~~	64548
~~disability who are referred by the board or mental health agency~~	64549
~~under contract with the board to an adult care facility.~~	64550

~~(c) Rules governing a board of alcohol, drug addiction, and~~	64551
~~mental health services when making a report to the director of~~	64552
~~mental health under section 5119.87 of the Revised Code regarding~~	64553
~~the quality of care and services provided by an adult care~~	64554
~~facility to a person with mental illness or a severe mental~~	64555
~~disability~~.	64556

(2) Rules may be adopted to govern the method of paying a	64557
community mental health facility, as defined in section 5111.023	64558
of the Revised Code, for providing services listed in division (B)	64559
of that section. Such rules must be consistent with the contract	64560
entered into between the departments of job and family services	64561
and mental health under section 5111.91 of the Revised Code and	64562
include requirements ensuring appropriate service utilization.	64563

(B) Review and evaluate, and, taking into account the	64564
findings and recommendations of the board of alcohol, drug	64565
addiction, and mental health services of the district served by	64566
the program and the requirements and priorities of the state	64567
mental health plan, including the needs of residents of the	64568
district now residing in state mental institutions, and make	64569
recommendations for needed improvements to boards of alcohol, drug	64570
addiction, and mental health services;	64571

(C) Provide consultative services to community mental health	64572
agencies with the knowledge and cooperation of the board of	64573
alcohol, drug addiction, and mental health services;	64574

(D) At the director's discretion, provide to boards of	64575
alcohol, drug addiction, and mental health services state or	64576
federal funds, in addition to those allocated under section	64577
5119.62 of the Revised Code, for special programs or projects the	64578
director considers necessary but for which local funds are not	64579
available;	64580

(E) Establish criteria by which a board of alcohol, drug	64581
addiction, and mental health services reviews and evaluates the	64582
quality, effectiveness, and efficiency of services provided	64583
through its community mental health plan. The criteria shall	64584
include requirements ensuring appropriate service utilization. The	64585
department shall assess a board's evaluation of services and the	64586
compliance of each board with this section, Chapter 340. or	64587
section 5119.62 of the Revised Code, and other state or federal	64588
law and regulations. The department, in cooperation with the	64589
board, periodically shall review and evaluate the quality,	64590
effectiveness, and efficiency of services provided through each	64591
board. The department shall collect information that is necessary	64592
to perform these functions.	64593

(F) To the extent the director determines necessary and after	64594
consulting with boards of alcohol, drug addiction, and mental	64595
health services, develop and operate, or contract for the	64596
operation of, a community mental health information system or	64597
systems.	64598

Boards of alcohol, drug ~~abuse~~addiction, and mental health	64599
services shall submit information requested by the department in	64600
the form and manner prescribed by the department. Information	64601
collected by the department shall include, but not be limited to,	64602
all of the following:	64603

(1) Information regarding units of services provided in whole	64604
or in part under contract with a board, including diagnosis and	64605
special needs, demographic information, the number of units of	64606
service provided, past treatment, financial status, and service	64607
dates in accordance with rules adopted by the department in	64608
accordance with Chapter 119. of the Revised Code;	64609

(2) Financial information other than price or price-related	64610
data regarding expenditures of boards and community mental health	64611
agencies, including units of service provided, budgeted and actual	64612
expenses by type, and sources of funds.	64613

Boards shall submit the information specified in division	64614
(F)(1) of this section no less frequently than annually for each	64615
client, and each time the client's case is opened or closed. The	64616
department shall not collect any personal information from the	64617
boards except as required or permitted by state or federal law for	64618
purposes related to payment, health care operations, program and	64619
service evaluation, reporting activities, research, system	64620
administration, and oversight.	64621

(G) Review each board's community mental health plan	64622
submitted pursuant to section 340.03 of the Revised Code and	64623
approve or disapprove it in whole or in part. Periodically, in	64624
consultation with representatives of boards and after considering	64625
the recommendations of the medical director, the director shall	64626
issue criteria for determining when a plan is complete, criteria	64627
for plan approval or disapproval, and provisions for conditional	64628
approval. The factors that the director considers may include, but	64629
are not limited to, the following:	64630

(1) The mental health needs of all persons residing within	64631
the board's service district, especially severely mentally	64632
disabled children, adolescents, and adults;	64633

(2) The demonstrated quality, effectiveness, efficiency, and	64634
cultural relevance of the services provided in each service	64635
district, the extent to which any services are duplicative of	64636
other available services, and whether the services meet the needs	64637
identified above;	64638

(3) The adequacy of the board's accounting for the	64639
expenditure of funds.	64640

If the director disapproves all or part of any plan, the	64641
director shall provide the board an opportunity to present its	64642
position. The director shall inform the board of the reasons for	64643
the disapproval and of the criteria that must be met before the	64644
plan may be approved. The director shall give the board a	64645
reasonable time within which to meet the criteria, and shall offer	64646
technical assistance to the board to help it meet the criteria.	64647

If the approval of a plan remains in dispute, the board or	64648
the director may request that the dispute be submitted to a	64649
mutually agreed upon third-party mediator with the cost to be	64650
shared by the board and the department. The mediator shall issue	64651
to the board and the department recommendations for resolution of	64652
the dispute. The director, taking into consideration the	64653
recommendations of the mediator, shall make a final determination	64654
and approve or disapprove the plan, in whole or in part.	64655

Sec. 5119.69. (A) As used in this section and section	64656
5119.691 of the Revised Code:	64657

(1) "Long-term care consultation program" means the program	64658
the department of aging is required to develop under section	64659
173.42 of the Revised Code.	64660

(2) "Long-term care consultation program administrator" or	64661
"administrator" means the department of aging or, if the	64662
department contracts with an area agency on aging or other entity	64663
to administer the long-term care consultation program for a	64664
particular area, that agency or entity.	64665

(3) "Nursing facility" has the same meaning as in section	64666
5111.20 of the Revised Code.	64667

(4) "Residential state supplement administrative agency"	64668
means the department of mental health or, if the department	64669
designates an entity under division (C) of this section for a	64670
particular area, the designated entity.	64671

(5) "Residential state supplement program" means the program	64672
administered pursuant to this section.	64673

(B) The department of mental health shall implement the	64674
residential state supplement program under which the state	64675
supplements the supplemental security income payments received by	64676
aged, blind, or disabled adults under Title XVI of the "Social	64677
Security Act," 49 Stat. 620 (1935), 42 U.S.C.A., as amended.	64678
Residential state supplement payments shall be used for the	64679
provision of accommodations, supervision, and personal care	64680
services to supplemental security income recipients who the	64681
department determines are at risk of needing institutional care.	64682

~~(B)~~(C) In implementing the program, the department may	64683
designate one or more entities to be responsible for providing	64684
administrative services regarding the program. The department may	64685
designate an entity to be a residential state supplement	64686
administrative agency under this division either by entering into	64687
a contract with the entity to serve in that capacity or by	64688
otherwise delegating to the entity the responsibility to serve in	64689
that capacity.	64690

~~(C)~~(D) For an individual to be eligible for residential state	64691
supplement payments, all of the following must be the case:	64692

(1) Except as provided by division ~~(G)~~(H) of this section,	64693
the individual must reside in one of the following:	64694

(a) ~~An adult foster home certified under section 5119.692 of~~	64695
~~the Revised Code;~~	64696

~~(b)~~ A home or facility, other than a nursing home or nursing	64697
home unit of a home for the aging, licensed by the department of	64698
health under Chapter 3721. of the Revised Code ~~or the department~~	64699
~~of mental health under sections 5119.70 to 5119.88 of the Revised~~	64700
~~Code~~;	64701

~~(c)~~(b) A residential facility as defined in division	64702
(A)~~(1)(d)(ii)~~(9)(b) of section 5119.22 of the Revised Code	64703
licensed by the department of mental health;	64704

~~(d)~~(c) An apartment or room used to provide community mental	64705
health housing services certified by the department of mental	64706
health under section 5119.611 of the Revised Code and approved by	64707
a board of alcohol, drug addiction, and mental health services	64708
under division (A)(14) of section 340.03 of the Revised Code.	64709

(2) A residential state supplement administrative agency must	64710
have determined that the environment in which the individual will	64711
be living while receiving the payments is appropriate for the	64712
individual's needs. If the individual is eligible for supplemental	64713
security income payments or social security disability insurance	64714
benefits because of a mental disability, the residential state	64715
supplement administrative agency shall refer the individual to a	64716
community mental health agency for ~~the community mental health~~	64717
~~agency to issue in accordance with~~an assessment under division	64718
(A) of section 340.091 of the Revised Code ~~a recommendation on~~	64719
~~whether the residential state supplement administrative agency~~	64720
~~should determine that the environment in which the individual will~~	64721
~~be living while receiving the payments is appropriate for the~~	64722
~~individual's needs~~.	64723

(3) The individual satisfies all eligibility requirements	64724
established by rules adopted under division ~~(D)~~(E) of this	64725
section.	64726

~~(D)~~(E) The directors of mental health and job and family	64727
services shall adopt rules in accordance with section 111.15 of	64728
the Revised Code as necessary to implement the residential state	64729
supplement program.	64730

To the extent permitted by Title XVI of the "Social Security	64731
Act," and any other provision of federal law, the director of job	64732
and family services may adopt rules establishing standards for	64733
adjusting the eligibility requirements concerning the level of	64734
impairment a person must have so that the amount appropriated for	64735
the program by the general assembly is adequate for the number of	64736
eligible individuals. The rules shall not limit the eligibility of	64737
disabled persons solely on a basis classifying disabilities as	64738
physical or mental. The director of job and family services also	64739
may adopt rules that establish eligibility standards for aged,	64740
blind, or disabled individuals who reside in one of the homes or	64741
facilities specified in division ~~(C)~~(D)(1) of this section but	64742
who, because of their income, do not receive supplemental security	64743
income payments. The rules may provide that these individuals may	64744
include individuals who receive other types of benefits,	64745
including, social security disability insurance benefits provided	64746
under Title II of the "Social Security Act," 49 Stat. 620 (1935),	64747
42 U.S.C.A. 401, as amended. Notwithstanding division ~~(A)~~(B) of	64748
this section, such payments may be made if funds are available for	64749
them.	64750

The director of mental health may adopt rules establishing	64751
the method to be used to determine the amount an eligible	64752
individual will receive under the program. The amount the general	64753
assembly appropriates for the program may be a factor included in	64754
the method that director establishes.	64755

~~(E)~~(F) The county department of job and family services of	64756
the county in which an applicant for the residential state	64757
supplement program resides shall determine whether the applicant	64758
meets income and resource requirements for the program.	64759

~~(F)~~(G) The department of mental health shall maintain a	64760
waiting list of any individuals eligible for payments under this	64761
section but not receiving them because moneys appropriated to the	64762
department for the purposes of this section are insufficient to	64763
make payments to all eligible individuals. An individual may apply	64764
to be placed on the waiting list even though the individual does	64765
not reside in one of the homes or facilities specified in division	64766
~~(C)~~(D)(1) of this section at the time of application. The director	64767
of mental health, by rules adopted in accordance with Chapter 119.	64768
of the Revised Code, may specify procedures and requirements for	64769
placing an individual on the waiting list and priorities for the	64770
order in which individuals placed on the waiting list are to begin	64771
to receive residential state supplement payments. The rules	64772
specifying priorities may give priority to individuals placed on	64773
the waiting list on or after July 1, 2006, who receive	64774
supplemental security income benefits under Title XVI of the	64775
"Social Security Act," 86 Stat. 1475 (1972), 42 U.S.C. 1381, as	64776
amended. The rules shall not affect the place on the waiting list	64777
of any person who was on the list on July 1, 2006. The rules	64778
specifying priorities may also set additional priorities based on	64779
living arrangement, such as whether an individual resides in a	64780
facility listed in division ~~(C)~~(D)(1) of this section or has been	64781
admitted to a nursing facility.	64782

~~(G)~~(H) An individual in a licensed or certified living	64783
arrangement receiving state supplementation on November 15, 1990,	64784
under former section 5101.531 of the Revised Code shall not become	64785
ineligible for payments under this section solely by reason of the	64786
individual's living arrangement as long as the individual remains	64787
in the living arrangement in which the individual resided on	64788
November 15, 1990.	64789

~~(H)~~(I) The department of mental health shall notify each	64790
person denied approval for payments under this section of the	64791
person's right to a hearing. On request, the hearing shall be	64792
provided in accordance with Chapter 119. of the Revised Code.	64793

Sec. 5119.691. ~~(A) As used in this section:~~

64794

~~"Long-term care consultation program" means the program the~~	64795
~~department of aging is required to develop under section 173.42 of~~	64796
~~the Revised Code.~~	64797

~~"Long-term care consultation program administrator" or~~	64798
~~"administrator" means the department of aging or, if the~~	64799
~~department contracts with an area agency on aging or other entity~~	64800
~~to administer the long-term care consultation program for a~~	64801
~~particular area, that agency or entity.~~	64802

~~"Nursing facility" has the same meaning as in section 5111.20~~	64803
~~of the Revised Code.~~	64804

~~"Residential state supplement administrative agency" means an~~	64805
~~entity designated as such by the department of mental health under~~	64806
~~section 5119.69 of the Revised Code.~~	64807

~~"Residential state supplement program" means the program~~	64808
~~administered pursuant to section 5119.69 of the Revised Code.~~	64809

~~(B)~~ On a periodic schedule determined by the department of	64810
mental health, each residential state supplement administrative	64811
agency shall determine whether individuals who reside in the area	64812
that the agency serves and are on a waiting list for the	64813
residential state supplement program have been admitted to a	64814
nursing facility. If a residential state supplement administrative	64815
agency determines that such an individual has been admitted to a	64816
nursing facility, the agency shall notify the long-term care	64817
consultation program administrator serving the area in which the	64818
individual resides about the determination. The administrator	64819
shall determine whether the residential state supplement program	64820
is appropriate for the individual and whether the individual would	64821
rather participate in the program than continue residing in the	64822
nursing facility. If the administrator determines that the	64823
residential state supplement program is appropriate for the	64824
individual and the individual would rather participate in the	64825
program than continue residing in the nursing facility, the	64826
administrator shall so notify the department of mental health. On	64827
receipt of the notice from the administrator, the department of	64828
mental health shall approve the individual's enrollment in the	64829
residential state supplement program in accordance with the	64830
priorities specified in rules adopted under division ~~(F)~~(G) of	64831
section 5119.69 of the Revised Code. Each quarter, the department	64832
of mental health shall certify to the director of budget and	64833
management the estimated increase in costs of the residential	64834
state supplement program resulting from enrollment of individuals	64835
in the program pursuant to this section.	64836

Sec. 5119.99. ~~(A)~~ Whoever violates section 5119.21 of the	64837
Revised Code is guilty of a misdemeanor of the first degree.	64838

~~(B) Whoever violates division (A)(1) of section 5119.86 of~~	64839
~~the Revised Code shall be fined two thousand dollars for a first~~	64840
~~offense; for each subsequent offense, such person shall be fined~~	64841
~~five thousand dollars.~~	64842

~~(C) Whoever violates division (C) of section 5119.81 or~~	64843
~~division (A)(2), (3), (4), (5), or (6), (B), (C), (D), (E), or (F)~~	64844
~~of section 5119.86 of the Revised Code shall be fined five hundred~~	64845
~~dollars for a first offense; for each subsequent offense, such~~	64846
~~person shall be fined one thousand dollars.~~	64847

Sec. 5120.036. (A) The department of rehabilitation and	64848
correction shall provide risk reduction programming and treatment	64849
for inmates whom a court under section 2929.143 of the Revised	64850
Code recommends serve a risk reduction sentence and who meet the	64851
eligibility criteria described in division (B) of this section.	64852

(B) If an offender is sentenced to a term of imprisonment in	64853
a state correctional institution and the sentencing court	64854
recommended that the offender serve a risk reduction sentence, the	64855
department of rehabilitation and correction shall conduct a	64856
validated and objective assessment of the person's needs and risk	64857
of reoffending. If the offender cooperates with the risk	64858
assessment and agrees to participate in any programming or	64859
treatment ordered by the department, the department shall provide	64860
programming and treatment to the offender to address the risks and	64861
needs identified in the assessment.	64862

(C) If the department determines that an offender serving a	64863
term of incarceration for whom the sentencing court recommended a	64864
risk reduction sentence under section 2929.143 of the Revised Code	64865
has successfully completed the assessment and treatment or	64866
programming required by the department under division (B) of this	64867
section, the department shall release the offender to ~~supervised~~	64868
~~release~~post-release control under one or more post-release	64869
control sanctions after the offender has served each mandatory	64870
prison term to which the offender was sentenced, if any, and a	64871
minimum of eighty per cent of the aggregated nonmandatory prison	64872
terms to which the offender was sentenced. The placement under	64873
post-release control sanctions shall be under terms set by the	64874
parole board in accordance with section 2967.28 of the Revised	64875
Code and shall be subject to the provisions of that section and	64876
sections 2929.141 and 2967.15 of the Revised Code regarding	64877
violation of post-release control sanctions. No mandatory prison	64878
term shall be reduced by, or as a result of, an offender's service	64879
of a risk reduction sentence. The department shall notify the	64880
sentencing court that the offender has successfully completed the	64881
terms of the risk reduction sentence at least thirty days prior to	64882
the date upon which the offender is to be released.	64883

(D) As used in this section:

64884

(1) "Mandatory prison term" has the same meaning as in	64885
section 2929.01 of the Revised Code.	64886

(2) "Nonmandatory prison term" means a prison term that is	64887
not a mandatory prison term.	64888

(3) "Post-release control" and "post-release control	64889
sanction" have the same meanings as in section 2967.01 of the	64890
Revised Code.	64891

Sec. 5120.105. (A) The ~~department of administrative services~~	64892
Ohio facilities construction commission shall provide for the	64893
construction of a halfway house facility in conformity with	64894
Chapter 153. of the Revised Code, except that construction	64895
services may be provided by the department of rehabilitation and	64896
correction.	64897

(B) The director of rehabilitation and correction may enter	64898
into an agreement with a halfway house organization for the	64899
management of a halfway house facility. The halfway house	64900
organization that occupies, will occupy, or is responsible for the	64901
management of a halfway house facility shall pay the costs of	64902
management of and general building services for the halfway house	64903
facility as provided in an agreement between the department of	64904
rehabilitation and correction and the halfway house organization.	64905

(C) No state funds, including state bond proceeds, shall be	64906
spent on the construction of a halfway house facility under	64907
sections 5120.102 to 5120.105 of the Revised Code, unless the	64908
general assembly has specifically authorized the spending of money	64909
on, or has made an appropriation to the department of	64910
rehabilitation and correction for, the construction of the halfway	64911
house facility or rental payments relating to the financing of the	64912
construction of that facility. An authorization to spend money or	64913
an appropriation for planning a halfway house facility does not	64914
constitute an authorization to spend money on, or an appropriation	64915
for, the construction of that facility. Capital funds for the	64916
construction of halfway house facilities under sections 5120.102	64917
to 5120.105 of the Revised Code shall be paid from the adult	64918
correctional building fund created in division (F) of section	64919
154.24 of the Revised Code.	64920

Sec. 5120.132. (A) There is hereby created in the state	64921
treasury the prisoner programs fund. The director of	64922
rehabilitation and correction shall deposit in the fund all moneys	64923
received by the department from commissions on telephone systems	64924
~~established for the use of prisoners~~and services provided to	64925
prisoners in relation to electronic mail, prisoner trust fund	64926
deposits, and the purchase of music, digital music players, and	64927
other electronic devices. The money in the fund shall be used only	64928
to pay for the costs of the following:	64929

(1) The purchase of material, supplies, and equipment used in	64930
any library program, educational program, religious program,	64931
recreational program, or pre-release program operated by the	64932
department for the benefit of prisoners;	64933

(2) The construction, alteration, repair, or reconstruction	64934
of buildings and structures owned by the department for use in any	64935
library program, educational program, religious program,	64936
recreational program, or pre-release program operated by the	64937
department for the benefit of prisoners;	64938

(3) The payment of salary, wages, and other compensation to	64939
employees of the department who are employed in any library	64940
program, educational program, religious program, recreational	64941
program, or pre-release program operated by the department for the	64942
benefit of prisoners;	64943

(4) The compensation to vendors that contract with the	64944
department for the provision of services for the benefit of	64945
prisoners in any library program, educational program, religious	64946
program, recreational program, or pre-release program operated by	64947
the department;	64948

(5) The payment of prisoner release payments in an	64949
appropriate amount as determined pursuant to rule;	64950

(6) The purchase of other goods and the payment of other	64951
services that are determined, in the discretion of the director,	64952
to be goods and services that may provide additional benefit to	64953
prisoners.	64954

(B) The director shall establish rules for the operation of	64955
the prisoner programs fund.	64956

Sec. 5120.66. (A) Within ninety days after November 23,	64957
2005, but not before January 1, 2006, the department of	64958
rehabilitation and correction shall establish and operate on the	64959
internet a database that contains all of the following:	64960

(1) For each inmate in the custody of the department under a	64961
sentence imposed for a conviction of or plea of guilty to any	64962
offense, all of the following information:	64963

(a) The inmate's name;

64964

(b) For each offense for which the inmate was sentenced to a	64965
prison term or term of imprisonment and is in the department's	64966
custody, the name of the offense, the Revised Code section of	64967
which the offense is a violation, the gender of each victim of the	64968
offense if those facts are known, whether each victim of the	64969
offense was an adult or child if those facts are known, the range	64970
of the possible prison terms or term of imprisonment that could	64971
have been imposed for the offense, the actual prison term or term	64972
of imprisonment imposed for the offense, the county in which the	64973
offense was committed, the date on which the inmate began serving	64974
the prison term or term of imprisonment imposed for the offense,	64975
and either the date on which the inmate will be eligible for	64976
parole relative to the offense if the prison term or term of	64977
imprisonment is an indefinite term or life term or the date on	64978
which the term ends if the prison term is a definite term;	64979

(c) All of the following information that is applicable	64980
regarding the inmate:	64981

(i) If known to the department prior to the conduct of any	64982
hearing for judicial release of the defendant pursuant to section	64983
2929.20 of the Revised Code in relation to any prison term or term	64984
of imprisonment the inmate is serving for any offense or any	64985
hearing for release of the defendant pursuant to section 2967.19	64986
of the Revised Code in relation to any such term, notice of the	64987
fact that the inmate will be having a hearing regarding a possible	64988
grant of judicial release or release, the date of the hearing, and	64989
the right of any person pursuant to division (J) of section	64990
2929.20 or division (H) of section 2967.19 of the Revised Code,	64991
whichever is applicable, to submit to the court a written	64992
statement regarding the possible judicial release or release. The	64993
department also shall post notice of the ~~filing~~submission to a	64994
sentencing court of any ~~petition~~recommendation for early release	64995
of the inmate pursuant to section 2967.19 of the Revised Code, as	64996
required by division (E) of that section.	64997

(ii) If the inmate is serving a prison term pursuant to	64998
division (A)(3), (B)(1)(a), (b), or (c), (B)(2)(a), (b), or (c),	64999
or (B)(3)(a), (b), (c), or (d) of section 2971.03 of the Revised	65000
Code, prior to the conduct of any hearing pursuant to section	65001
2971.05 of the Revised Code to determine whether to modify the	65002
requirement that the inmate serve the entire prison term in a	65003
state correctional facility in accordance with division (C) of	65004
that section, whether to continue, revise, or revoke any existing	65005
modification of that requirement, or whether to terminate the	65006
prison term in accordance with division (D) of that section,	65007
notice of the fact that the inmate will be having a hearing	65008
regarding those determinations and of the date of the hearing;	65009

(iii) At least three weeks before the adult parole authority	65010
recommends a pardon or commutation of sentence for the inmate or	65011
at least three weeks prior to a hearing before the adult parole	65012
authority regarding a grant of parole to the inmate in relation to	65013
any prison term or term of imprisonment the inmate is serving for	65014
any offense, notice of the fact that the inmate might be under	65015
consideration for a pardon or commutation of sentence or will be	65016
having a hearing regarding a possible grant of parole, of the date	65017
of any hearing regarding a possible grant of parole, and of the	65018
right of any person to submit a written statement regarding the	65019
pending action;	65020

(iv) At least three weeks before the inmate is transferred to	65021
transitional control under section 2967.26 of the Revised Code in	65022
relation to any prison term or term of imprisonment the inmate is	65023
serving for any offense, notice of the pendency of the transfer,	65024
of the date of the possible transfer, and of the right of any	65025
person to submit a statement regarding the possible transfer;	65026

(v) Prompt notice of the inmate's escape from any facility in	65027
which the inmate was incarcerated and of the capture of the inmate	65028
after an escape;	65029

(vi) Notice of the inmate's death while in confinement;

65030

(vii) Prior to the release of the inmate from confinement,	65031
notice of the fact that the inmate will be released, of the date	65032
of the release, and, if applicable, of the standard terms and	65033
conditions of the release;	65034

(viii) Notice of the inmate's judicial release pursuant to	65035
section 2929.20 of the Revised Code or release pursuant to section	65036
2967.19 of the Revised Code.	65037

(2) Information as to where a person can send written	65038
statements of the types referred to in divisions (A)(1)(c)(i),	65039
(iii), and (iv) of this section.	65040

(B)(1) The department shall update the database required	65041
under division (A) of this section every twenty-four hours to	65042
ensure that the information it contains is accurate and current.	65043

(2) The database required under division (A) of this section	65044
is a public record open for inspection under section 149.43 of the	65045
Revised Code. The department shall make the database searchable by	65046
inmate name and by the county and zip code where the offender	65047
intends to reside after release from a state correctional	65048
institution if this information is known to the department.	65049

(3) The database required under division (A) of this section	65050
may contain information regarding inmates who are listed in the	65051
database in addition to the information described in that	65052
division.	65053

(4) No information included on the database required under	65054
division (A) of this section shall identify or enable the	65055
identification of any victim of any offense committed by an	65056
inmate.	65057

(C) The failure of the department to comply with the	65058
requirements of division (A) or (B) of this section does not give	65059
any rights or any grounds for appeal or post-conviction relief to	65060
any inmate.	65061

(D) This section, and the related provisions of sections	65062
2929.20, 2967.03, 2967.12, and 2967.26 of the Revised Code enacted	65063
in the act in which this section was enacted, shall be known as	65064
"Laura's Law."	65065

Sec. 5122.31. (A) All certificates, applications, records,	65066
and reports made for the purpose of this chapter and sections	65067
2945.38, 2945.39, 2945.40, 2945.401, and 2945.402 of the Revised	65068
Code, other than court journal entries or court docket entries,	65069
and directly or indirectly identifying a patient or former patient	65070
or person whose hospitalization has been sought under this	65071
chapter, shall be kept confidential and shall not be disclosed by	65072
any person except:	65073

(1) If the person identified, or the person's legal guardian,	65074
if any, or if the person is a minor, the person's parent or legal	65075
guardian, consents, and if the disclosure is in the best interests	65076
of the person, as may be determined by the court for judicial	65077
records and by the chief clinical officer for medical records;	65078

(2) When disclosure is provided for in this chapter or	65079
section 5123.60 of the Revised Code;	65080

(3) That hospitals, boards of alcohol, drug addiction, and	65081
mental health services, and community mental health agencies may	65082
release necessary medical information to insurers and other	65083
third-party payers, including government entities responsible for	65084
processing and authorizing payment, to obtain payment for goods	65085
and services furnished to the patient;	65086

(4) Pursuant to a court order signed by a judge;

65087

(5) That a patient shall be granted access to the patient's	65088
own psychiatric and medical records, unless access specifically is	65089
restricted in a patient's treatment plan for clear treatment	65090
reasons;	65091

(6) That hospitals and other institutions and facilities	65092
within the department of mental health may exchange psychiatric	65093
records and other pertinent information with other hospitals,	65094
institutions, and facilities of the department, and with community	65095
mental health agencies and boards of alcohol, drug addiction, and	65096
mental health services with which the department has a current	65097
agreement for patient care or services. Records and information	65098
that may be released pursuant to this division shall be limited to	65099
medication history, physical health status and history, financial	65100
status, summary of course of treatment in the hospital, summary of	65101
treatment needs, and a discharge summary, if any.	65102

(7) That hospitals within the department, other institutions	65103
and facilities within the department, hospitals licensed by the	65104
department under section 5119.20 of the Revised Code, and	65105
community mental health agencies may exchange psychiatric records	65106
and other pertinent information with payers and other providers of	65107
treatment and health services if the purpose of the exchange is to	65108
facilitate continuity of care for a patient;	65109

(8) That a patient's family member who is involved in the	65110
provision, planning, and monitoring of services to the patient may	65111
receive medication information, a summary of the patient's	65112
diagnosis and prognosis, and a list of the services and personnel	65113
available to assist the patient and the patient's family, if the	65114
patient's treating physician determines that the disclosure would	65115
be in the best interests of the patient. No such disclosure shall	65116
be made unless the patient is notified first and receives the	65117
information and does not object to the disclosure.	65118

(9) That community mental health agencies may exchange	65119
psychiatric records and certain other information with the board	65120
of alcohol, drug addiction, and mental health services and other	65121
agencies in order to provide services to a person involuntarily	65122
committed to a board. Release of records under this division shall	65123
be limited to medication history, physical health status and	65124
history, financial status, summary of course of treatment, summary	65125
of treatment needs, and discharge summary, if any.	65126

(10) That information may be disclosed to the executor or the	65127
administrator of an estate of a deceased patient when the	65128
information is necessary to administer the estate;	65129

(11) That records in the possession of the Ohio historical	65130
society may be released to the closest living relative of a	65131
deceased patient upon request of that relative;	65132

(12) That information may be disclosed to staff members of	65133
the appropriate board or to staff members designated by the	65134
director of mental health for the purpose of evaluating the	65135
quality, effectiveness, and efficiency of services and determining	65136
if the services meet minimum standards. Information obtained	65137
during such evaluations shall not be retained with the name of any	65138
patient.	65139

(13) That records pertaining to the patient's diagnosis,	65140
course of treatment, treatment needs, and prognosis shall be	65141
disclosed and released to the appropriate prosecuting attorney if	65142
the patient was committed pursuant to section 2945.38, 2945.39,	65143
2945.40, 2945.401, or 2945.402 of the Revised Code, or to the	65144
attorney designated by the board for proceedings pursuant to	65145
involuntary commitment under this chapter.	65146

(14) That the department of mental health may exchange	65147
psychiatric hospitalization records, other mental health treatment	65148
records, and other pertinent information with the department of	65149
rehabilitation and correction to ensure continuity of care for	65150
inmates who are receiving mental health services in an institution	65151
of the department of rehabilitation and correction and may	65152
exchange psychiatric hospitalization records, other mental health	65153
treatment records, and other pertinent information with boards of	65154
alcohol, drug addiction, and mental health services and community	65155
mental health agencies to ensure continuity of care for inmates or	65156
offenders who are receiving mental health services in an	65157
institution and are scheduled for release within six months. ~~The~~	65158
~~department shall not disclose those records unless the inmate is~~	65159
~~notified, receives the information, and does not object to the~~	65160
~~disclosure.~~ The release of records under this division is limited	65161
to records regarding an inmate's or offender's medication history,	65162
physical health status and history, summary of course of	65163
treatment, summary of treatment needs, and a discharge summary, if	65164
any.	65165

(15) That a community mental health agency that ceases to	65166
operate may transfer to either a community mental health agency	65167
that assumes its caseload or to the board of alcohol, drug	65168
addiction, and mental health services of the service district in	65169
which the patient resided at the time services were most recently	65170
provided any treatment records that have not been transferred	65171
elsewhere at the patient's request.	65172

(B) Before records are disclosed pursuant to divisions	65173
(A)(3), (6), ~~(7),~~ and (9) of this section, the custodian of the	65174
records shall attempt to obtain the patient's consent for the	65175
disclosure. No person shall reveal the contents of a medical	65176
record of a patient except as authorized by law.	65177

(C) The managing officer of a hospital who releases necessary	65178
medical information under division (A)(3) of this section to allow	65179
an insurance carrier or other third party payor to comply with	65180
section 5121.43 of the Revised Code shall neither be subject to	65181
criminal nor civil liability.	65182

Sec. 5123.01. As used in this chapter:

65183

(A) "Chief medical officer" means the licensed physician	65184
appointed by the managing officer of an institution for the	65185
mentally retarded with the approval of the director of	65186
developmental disabilities to provide medical treatment for	65187
residents of the institution.	65188

(B) "Chief program director" means a person with special	65189
training and experience in the diagnosis and management of the	65190
mentally retarded, certified according to division (C) of this	65191
section in at least one of the designated fields, and appointed by	65192
the managing officer of an institution for the mentally retarded	65193
with the approval of the director to provide habilitation and care	65194
for residents of the institution.	65195

(C) "Comprehensive evaluation" means a study, including a	65196
sequence of observations and examinations, of a person leading to	65197
conclusions and recommendations formulated jointly, with	65198
dissenting opinions if any, by a group of persons with special	65199
training and experience in the diagnosis and management of persons	65200
with mental retardation or a developmental disability, which group	65201
shall include individuals who are professionally qualified in the	65202
fields of medicine, psychology, and social work, together with	65203
such other specialists as the individual case may require.	65204

(D) "Education" means the process of formal training and	65205
instruction to facilitate the intellectual and emotional	65206
development of residents.	65207

(E) "Habilitation" means the process by which the staff of	65208
the institution assists the resident in acquiring and maintaining	65209
those life skills that enable the resident to cope more	65210
effectively with the demands of the resident's own person and of	65211
the resident's environment and in raising the level of the	65212
resident's physical, mental, social, and vocational efficiency.	65213
Habilitation includes but is not limited to programs of formal,	65214
structured education and training.	65215

(F) "Health officer" means any public health physician,	65216
public health nurse, or other person authorized or designated by a	65217
city or general health district.	65218

(G) "Home and community-based services" means medicaid-funded	65219
home and community-based services specified in division (B)(1) of	65220
section 5111.87 of the Revised Code provided under the medicaid	65221
waiver components the department of developmental disabilities	65222
administers pursuant to section 5111.871 of the Revised Code.	65223
~~However~~Except as provided in section 5123.0412 of the Revised	65224
Code, home and community-based services provided under the	65225
medicaid waiver component known as the transitions developmental	65226
disabilities waiver are to be considered to be home and	65227
community-based services for the purposes of this chapter only to	65228
the extent, if any, provided by the contract required by section	65229
5111.871 of the Revised Code regarding the waiver.	65230

(H) "Indigent person" means a person who is unable, without	65231
substantial financial hardship, to provide for the payment of an	65232
attorney and for other necessary expenses of legal representation,	65233
including expert testimony.	65234

(I) "Institution" means a public or private facility, or a	65235
part of a public or private facility, that is licensed by the	65236
appropriate state department and is equipped to provide	65237
residential habilitation, care, and treatment for the mentally	65238
retarded.	65239

(J) "Licensed physician" means a person who holds a valid	65240
certificate issued under Chapter 4731. of the Revised Code	65241
authorizing the person to practice medicine and surgery or	65242
osteopathic medicine and surgery, or a medical officer of the	65243
government of the United States while in the performance of the	65244
officer's official duties.	65245

(K) "Managing officer" means a person who is appointed by the	65246
director of developmental disabilities to be in executive control	65247
of an institution for the mentally retarded under the jurisdiction	65248
of the department.	65249

(L) "Medicaid" has the same meaning as in section 5111.01 of	65250
the Revised Code.	65251

(M) "Medicaid case management services" means case management	65252
services provided to an individual with mental retardation or	65253
other developmental disability that the state medicaid plan	65254
requires.	65255

(N) "Mentally retarded person" means a person having	65256
significantly subaverage general intellectual functioning existing	65257
concurrently with deficiencies in adaptive behavior, manifested	65258
during the developmental period.	65259

(O) "Mentally retarded person subject to institutionalization	65260
by court order" means a person eighteen years of age or older who	65261
is at least moderately mentally retarded and in relation to whom,	65262
because of the person's retardation, either of the following	65263
conditions exist:	65264

(1) The person represents a very substantial risk of physical	65265
impairment or injury to self as manifested by evidence that the	65266
person is unable to provide for and is not providing for the	65267
person's most basic physical needs and that provision for those	65268
needs is not available in the community;	65269

(2) The person needs and is susceptible to significant	65270
habilitation in an institution.	65271

(P) "A person who is at least moderately mentally retarded"	65272
means a person who is found, following a comprehensive evaluation,	65273
to be impaired in adaptive behavior to a moderate degree and to be	65274
functioning at the moderate level of intellectual functioning in	65275
accordance with standard measurements as recorded in the most	65276
current revision of the manual of terminology and classification	65277
in mental retardation published by the American association on	65278
mental retardation.	65279

(Q) As used in this division, "substantial functional	65280
limitation," "developmental delay," and "established risk" have	65281
the meanings established pursuant to section 5123.011 of the	65282
Revised Code.	65283

"Developmental disability" means a severe, chronic disability	65284
that is characterized by all of the following:	65285

(1) It is attributable to a mental or physical impairment or	65286
a combination of mental and physical impairments, other than a	65287
mental or physical impairment solely caused by mental illness as	65288
defined in division (A) of section 5122.01 of the Revised Code.	65289

(2) It is manifested before age twenty-two.

65290

(3) It is likely to continue indefinitely.

65291

(4) It results in one of the following:

65292

(a) In the case of a person under three years of age, at	65293
least one developmental delay or an established risk;	65294

(b) In the case of a person at least three years of age but	65295
under six years of age, at least two developmental delays or an	65296
established risk;	65297

(c) In the case of a person six years of age or older, a	65298
substantial functional limitation in at least three of the	65299
following areas of major life activity, as appropriate for the	65300
person's age: self-care, receptive and expressive language,	65301
learning, mobility, self-direction, capacity for independent	65302
living, and, if the person is at least sixteen years of age,	65303
capacity for economic self-sufficiency.	65304

(5) It causes the person to need a combination and sequence	65305
of special, interdisciplinary, or other type of care, treatment,	65306
or provision of services for an extended period of time that is	65307
individually planned and coordinated for the person.	65308

(R) "Developmentally disabled person" means a person with a	65309
developmental disability.	65310

(S) "State institution" means an institution that is	65311
tax-supported and under the jurisdiction of the department.	65312

(T) "Residence" and "legal residence" have the same meaning	65313
as "legal settlement," which is acquired by residing in Ohio for a	65314
period of one year without receiving general assistance prior to	65315
July 17, 1995, under former Chapter 5113. of the Revised Code,	65316
financial assistance under Chapter 5115. of the Revised Code, or	65317
assistance from a private agency that maintains records of	65318
assistance given. A person having a legal settlement in the state	65319
shall be considered as having legal settlement in the assistance	65320
area in which the person resides. No adult person coming into	65321
this state and having a spouse or minor children residing in	65322
another state shall obtain a legal settlement in this state as	65323
long as the spouse or minor children are receiving public	65324
assistance, care, or support at the expense of the other state or	65325
its subdivisions. For the purpose of determining the legal	65326
settlement of a person who is living in a public or private	65327
institution or in a home subject to licensing by the department of	65328
job and family services, the department of mental health, or the	65329
department of developmental disabilities, the residence of the	65330
person shall be considered as though the person were residing in	65331
the county in which the person was living prior to the person's	65332
entrance into the institution or home. Settlement once acquired	65333
shall continue until a person has been continuously absent from	65334
Ohio for a period of one year or has acquired a legal residence in	65335
another state. A woman who marries a man with legal settlement in	65336
any county immediately acquires the settlement of her husband. The	65337
legal settlement of a minor is that of the parents, surviving	65338
parent, sole parent, parent who is designated the residential	65339
parent and legal custodian by a court, other adult having	65340
permanent custody awarded by a court, or guardian of the person of	65341
the minor, provided that:	65342

(1) A minor female who marries shall be considered to have	65343
the legal settlement of her husband and, in the case of death of	65344
her husband or divorce, she shall not thereby lose her legal	65345
settlement obtained by the marriage.	65346

(2) A minor male who marries, establishes a home, and who has	65347
resided in this state for one year without receiving general	65348
assistance prior to July 17, 1995, under former Chapter 5113. of	65349
the Revised Code, financial assistance under Chapter 5115. of the	65350
Revised Code, or assistance from a private agency that maintains	65351
records of assistance given shall be considered to have obtained a	65352
legal settlement in this state.	65353

(3) The legal settlement of a child under eighteen years of	65354
age who is in the care or custody of a public or private child	65355
caring agency shall not change if the legal settlement of the	65356
parent changes until after the child has been in the home of the	65357
parent for a period of one year.	65358

No person, adult or minor, may establish a legal settlement	65359
in this state for the purpose of gaining admission to any state	65360
institution.	65361

(U)(1) "Resident" means, subject to division (R)(2) of this	65362
section, a person who is admitted either voluntarily or	65363
involuntarily to an institution or other facility pursuant to	65364
section 2945.39, 2945.40, 2945.401, or 2945.402 of the Revised	65365
Code subsequent to a finding of not guilty by reason of insanity	65366
or incompetence to stand trial or under this chapter who is under	65367
observation or receiving habilitation and care in an institution.	65368

(2) "Resident" does not include a person admitted to an	65369
institution or other facility under section 2945.39, 2945.40,	65370
2945.401, or 2945.402 of the Revised Code to the extent that the	65371
reference in this chapter to resident, or the context in which the	65372
reference occurs, is in conflict with any provision of sections	65373
2945.37 to 2945.402 of the Revised Code.	65374

(V) "Respondent" means the person whose detention,	65375
commitment, or continued commitment is being sought in any	65376
proceeding under this chapter.	65377

(W) "Working day" and "court day" mean Monday, Tuesday,	65378
Wednesday, Thursday, and Friday, except when such day is a legal	65379
holiday.	65380

(X) "Prosecutor" means the prosecuting attorney, village	65381
solicitor, city director of law, or similar chief legal officer	65382
who prosecuted a criminal case in which a person was found not	65383
guilty by reason of insanity, who would have had the authority to	65384
prosecute a criminal case against a person if the person had not	65385
been found incompetent to stand trial, or who prosecuted a case in	65386
which a person was found guilty.	65387

(Y) "Court" means the probate division of the court of common	65388
pleas.	65389

(Z) "Supported living" and "residential services" have the	65390
same meanings as in section 5126.01 of the Revised Code.	65391

Sec. 5123.033. The program fee fund is hereby created in the	65392
state treasury. All fees collected pursuant to sections 5123.161,	65393
5123.164, and 5123.19~~, and 5126.25~~ of the Revised Code shall be	65394
credited to the fund. Money credited to the fund shall be used	65395
solely for the department of developmental disabilities' duties	65396
under sections 5123.16 to ~~5123.169~~5123.1610, and 5123.19~~, and~~	65397
~~5126.25~~ of the Revised Code and to provide continuing education	65398
and professional training to ~~employees of county boards of~~	65399
~~developmental disabilities for the purpose of section 5126.25 of~~	65400
~~the Revised Code and other~~ providers of services to individuals	65401
with mental retardation or a developmental disability. If the	65402
money credited to the fund is inadequate to pay all of the	65403
department's costs in performing those duties and providing the	65404
continuing education and professional training, the department may	65405
use other available funds appropriated to the department to pay	65406
the remaining costs of performing those duties and providing the	65407
continuing education and professional training.	65408

Sec. 5123.042. ~~(A) The~~Except as provided in section	65409
5123.197 of the Revised Code, each person or government entity	65410
seeking to develop new or modify existing residential services	65411
shall submit to the department of developmental disabilities a	65412
plan for the development or modification. The department shall	65413
approve a plan that is submitted in accordance with rules adopted	65414
under this section and meets the uniform standards for plans	65415
established in those rules.	65416

The director of developmental disabilities shall adopt rules	65417
in accordance with Chapter 119. of the Revised Code establishing	65418
the following:	65419

~~(1)~~(A) Procedures for submitting plans under this section;

65420

(B) Uniform standards ~~under which:~~

65421

~~(a) A person or agency shall submit plans to the county board~~	65422
~~of developmental disabilities for the development of residential~~	65423
~~services for individuals with mental retardation or a~~	65424
~~developmental disability within the county;~~	65425

~~(b) The county board must review the plans and recommend~~	65426
~~providers for the services~~for the plans.	65427

~~(2) The eligibility criteria for selecting persons and~~	65428
~~agencies to provide residential services, which shall take into~~	65429
~~consideration the recommendations of the county board.~~	65430

~~(B) The county board, in accordance with its comprehensive~~	65431
~~service plan, shall review all proposals for the development of~~	65432
~~residential services that are submitted to it and shall, if the~~	65433
~~proposals are acceptable to the county board, recommend providers~~	65434
~~for the development of residential services within the county. The~~	65435
~~department shall approve proposals for the development of~~	65436
~~residential services within counties based upon the availability~~	65437
~~of funds and in accordance with rules adopted under division~~	65438
~~(A)(2) of this section.~~	65439

~~No county board shall recommend providers for the development~~	65440
~~of residential services if the county board is an applicant to~~	65441
~~provide services. In cases of possible conflict of interest, the~~	65442
~~director shall appoint a committee that shall, in accordance with~~	65443
~~the approved county comprehensive service plan, review and~~	65444
~~recommend to the director providers for the services.~~	65445

~~If a county board fails to establish an approved~~	65446
~~comprehensive service plan, the director may establish residential~~	65447
~~services development goals for the county board based on~~	65448
~~documented need as determined by the department. If a county board~~	65449
~~fails to develop or implement such a plan in accordance with the~~	65450
~~rules adopted under this section, the department may, without the~~	65451
~~involvement of the county board, review and select providers for~~	65452
~~the development of residential services in the county.~~	65453

Sec. 5123.044. The department of developmental disabilities	65454
shall determine whether county boards of developmental	65455
disabilities ~~are in compliance with~~violate the rights that	65456
individuals with mental retardation or other developmental	65457
disabilities have under section 5126.046 of the Revised Code to	65458
obtain home and community-based services, nonmedicaid residential	65459
services, or nonmedicaid supported living from qualified and	65460
willing providers. The department shall provide assistance to an	65461
individual with mental retardation or other developmental	65462
disability who requests assistance with the individual's ~~right~~	65463
rights under that section ~~5126.046 of the Revised Code to choose a~~	65464
~~provider of habilitation, vocational, community employment,~~	65465
~~residential, or supported living services~~ if the department is	65466
notified of a county board's alleged violation of the individual's	65467
~~right to choose such a provider~~rights under that section.	65468

Sec. 5123.0412. (A) The department of developmental	65469
disabilities shall charge each county board of developmental	65470
disabilities an annual fee equal to one and one-quarter per cent	65471
of the total value of all medicaid paid claims for home and	65472
community-based services provided during the year to an individual	65473
eligible for services from the county board. However, the	65474
department shall not charge the fee for home and community-based	65475
services provided under the medicaid waiver component known as the	65476
transitions developmental disabilities waiver. No county board	65477
shall pass the cost of a fee charged to the county board under	65478
this section on to another provider of these services.	65479

(B) The fees collected under this section shall be deposited	65480
into the ODDD administration and oversight fund and the ODJFS	65481
administration and oversight fund, both of which are hereby	65482
created in the state treasury. The portion of the fees to be	65483
deposited into the ODDD administration and oversight fund and the	65484
portion of the fees to be deposited into the ODJFS administration	65485
and oversight fund shall be the portion specified in an	65486
interagency agreement entered into under division (C) of this	65487
section. The department of developmental disabilities shall use	65488
the money in the ODDD administration and oversight fund and the	65489
department of job and family services shall use the money in the	65490
ODJFS administration and oversight fund for both of the following	65491
purposes:	65492

(1) Medicaid administrative costs, including administrative	65493
and oversight costs of medicaid case management services and home	65494
and community-based services. The administrative and oversight	65495
costs of medicaid case management services and home and	65496
community-based services shall include costs for staff, systems,	65497
and other resources the departments need and dedicate solely to	65498
the following duties associated with the services:	65499

(a) Eligibility determinations;

65500

(b) Training;

65501

65502

(d) Claims processing;

65503

(e) Quality assurance oversight;

65504

(f) Other duties the departments identify.

65505

(2) Providing technical support to county boards' local	65506
administrative authority under section 5126.055 of the Revised	65507
Code for the services.	65508

(C) The departments of developmental disabilities and job and	65509
family services shall enter into an interagency agreement to do	65510
both of the following:	65511

(1) Specify which portion of the fees collected under this	65512
section is to be deposited into the ODDD administration and	65513
oversight fund and which portion is to be deposited into the ODJFS	65514
administration and oversight fund;	65515

(2) Provide for the departments to coordinate the staff whose	65516
costs are paid for with money in the ODDD administration and	65517
oversight fund and the ODJFS administration and oversight fund.	65518

(D) The departments shall submit an annual report to the	65519
director of budget and management certifying how the departments	65520
spent the money in the ODDD administration and oversight fund and	65521
the ODJFS administration and oversight fund for the purposes	65522
specified in division (B) of this section.	65523

Sec. 5123.0414. (A) When the director of developmental	65524
disabilities, under section 119.07 of the Revised Code, sends a	65525
party a notice by registered mail, return receipt requested, that	65526
the director intends to take action against the party authorized	65527
by section ~~5123.082,~~ 5123.166, 5123.168, 5123.19, 5123.45,	65528
5123.51, or 5126.25 of the Revised Code and the notice is returned	65529
to the director with an endorsement indicating that the notice was	65530
refused or unclaimed, the director shall resend the notice by	65531
ordinary mail to the party.	65532

(B) If the original notice was refused, the notice shall be	65533
deemed received as of the date the director resends the notice.	65534

(C) If the original notice was unclaimed, the notice shall be	65535
deemed received as of the date the director resends the notice	65536
unless, not later than thirty days after the date the director	65537
sent the original notice, the resent notice is returned to the	65538
director for failure of delivery.	65539

If the notice concerns taking action under section 5123.51 of	65540
the Revised Code and the resent notice is returned to the director	65541
for failure of delivery not later than thirty days after the date	65542
the director sent the original notice, the director shall cause	65543
the notice to be published in a newspaper of general circulation	65544
in the county of the party's last known residence or business and	65545
shall mail a dated copy of the published notice to the party at	65546
the last known address. The notice shall be deemed received as of	65547
the date of the publication.	65548

If the notice concerns taking action under section ~~5123.082,~~	65549
5123.166, 5123.168, 5123.19, 5123.45, or 5126.25 of the Revised	65550
Code and the resent notice is returned to the director for failure	65551
of delivery not later than thirty days after the date the director	65552
sent the original notice, the director shall resend the notice to	65553
the party a second time. The notice shall be deemed received as of	65554
the date the director resends the notice the second time.	65555

Sec. 5123.0415. ~~As used in this section, "license" means a~~	65556
~~license, certificate, or evidence of registration.~~	65557

Each person and each government entity that applies for or	65558
holds a valid license, certification, or registration issued under	65559
section ~~5123.082,~~ 5123.161, 5123.19, 5123.45, or 5126.25~~, or~~	65560
~~5126.252~~ of the Revised Code shall notify the director of	65561
developmental disabilities of any change in the ~~person~~person's	65562
or government entity's address.	65563

Sec. 5123.081. (A) As used in this section:

65564

(1)(a) "Applicant" means aany of the following:

65565

(i) A person who is under final consideration for appointment	65566
to or employment with the department of developmental	65567
disabilities~~, including, but not limited to, a~~or a county board	65568
of developmental disabilities;	65569

(ii) A person who is being transferred to the department ~~and~~	65570
anor a county board;	65571

(iii) An employee who is being recalled to or reemployed by	65572
the department or a county board after a layoff;	65573

(iv) A person under final consideration for a direct services	65574
position with a provider or subcontractor.	65575

(b) Neither of the following is an applicant:

65576

(i) A person who is employed by a responsible entity in a	65577
position for which a criminal records check is required by this	65578
section and either is being considered for a different position	65579
with the responsible entity or is returning after a leave of	65580
absence or seasonal break in employment, unless the responsible	65581
entity has reason to believe that the person has committed a	65582
disqualifying offense;	65583

(ii) A person who is to provide only respite care under a	65584
family support services program established under section 5126.11	65585
of the Revised Code if a family member of the individual with	65586
mental retardation or a developmental disability who is to receive	65587
the respite care selects the person.	65588

(2) "Criminal records check" has the same meaning as in	65589
section 109.572 of the Revised Code.	65590

(3) "Direct services position" means an employment position	65591
in which the employee has the opportunity to be alone with or	65592
exercises supervision or control over one or more individuals with	65593
mental retardation or a developmental disability.	65594

(4) "Disqualifying offense" means any of the following:

65595

(a) One or more violations of section 959.13, 959.131,	65596
2903.01, 2903.02, 2903.03, 2903.04, 2903.041, 2903.11, 2903.12,	65597
2903.13, 2903.15, 2903.16, 2903.21, 2903.211, 2903.22, 2903.34,	65598
2903.341, 2905.01, 2905.02, 2905.05, 2905.11, 2905.12, 2907.02,	65599
2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09,	65600
2907.21, 2907.22, 2907.23, 2907.24, 2907.25, 2907.31, 2907.32,	65601
2907.321, 2907.322, 2907.323, 2907.33, 2909.02, 2909.03, 2909.04,	65602
2909.22, 2909.23, 2909.24, 2911.01, 2911.02, 2911.11, 2911.12,	65603
2911.13, 2913.02, 2913.03, 2913.04, 2913.05, 2913.11, 2913.21,	65604
2913.31, 2913.32, 2913.40, 2913.41, 2913.42, 2913.43, 2913.44,	65605
2913.441, 2913.45, 2913.46, 2913.47, 2913.48, 2913.49, 2913.51,	65606
2917.01, 2917.02, 2917.03, 2917.31, 2919.12, 2919.121, 2919.123,	65607
2919.22, 2919.24, 2919.25, 2921.03, 2921.11, 2921.13, 2921.21,	65608
2921.24, 2921.321, 2921.34, 2921.35, 2921.36, 2921.51, 2923.12,	65609
2923.122, 2923.123, 2923.13, 2923.161, 2923.162, 2923.21, 2923.32,	65610
2923.42, 2925.02, 2925.03, 2925.04, 2925.041, 2925.05, 2925.06,	65611
2925.09, 2925.13, 2925.14, 2925.22, 2925.23, 2925.24, 2925.36,	65612
2925.55, 2925.56, 2927.12, or 3716.11 of the Revised Code;	65613

(b) One or more violations of section 2905.04 of the Revised	65614
Code as it existed prior to July 1, 1996;	65615

(c) One or more violations of section 2919.23 of the Revised	65616
Code that would have been a violation of section 2905.04 of the	65617
Revised Code as it existed prior to July 1, 1996, had the	65618
violation occurred prior to that date;	65619

(d) One violation of section 2925.11 of the Revised Code that	65620
is not a minor drug possession offense;	65621

(e) Two or more violations of section 2925.11 of the Revised	65622
Code, regardless of whether any of the violations are a minor drug	65623
possession offense;	65624

(f) One or more violations of felonious sexual penetration	65625
under former section 2907.12 of the Revised Code;	65626

(g) One or more violations of section 2923.01, 2923.02, or	65627
2923.03 of the Revised Code when the underlying offense that is	65628
the object of the conspiracy, attempt, or complicity is one of the	65629
offenses listed in divisions (A)(4)(a) to (f) of this section;	65630

(h) One or more felonies contained in the Revised Code that	65631
are not listed in divisions (A)(4)(a) to (g) of this section, if	65632
the felony bears a direct and substantial relationship to the	65633
duties and responsibilities of the position being filled;	65634

(i) One or more offenses contained in the Revised Code	65635
constituting a misdemeanor of the first degree on the first	65636
offense and a felony on a subsequent offense, if the offense bears	65637
a direct and substantial relationship to the position being filled	65638
and the nature of the services being provided by the responsible	65639
entity;	65640

(j) One or more violations of an existing or former municipal	65641
ordinance or law of this state, any other state, or the United	65642
States, if the offense is substantially equivalent to any of the	65643
offenses listed or described in divisions (A)(4)(a) to (i) of this	65644
section.	65645

(5)(a) "Employee" means either of the following:

65646

(i) A person appointed to or employed by the department of	65647
developmental disabilities or a county board of developmental	65648
disabilities;	65649

(ii) A person employed in a direct services position by a	65650
provider or subcontractor.	65651

(b) "Employee" does not mean a person who provides only	65652
respite care under a family support services program established	65653
under section 5126.11 of the Revised Code if a family member of	65654
the individual with mental retardation or a developmental	65655
disability who receives the respite care selected the person.	65656

(6) "Minor drug possession offense" has the same meaning as	65657
in section 2925.01 of the Revised Code.	65658

(7) "Provider" means a person that provides specialized	65659
services to individuals with mental retardation or a developmental	65660
disability and employs one or more persons in direct services	65661
positions.	65662

(8) "Responsible entity" means the following:

65663

(a) The department of developmental disabilities in the case	65664
of either of the following:	65665

(i) A person who is an applicant because the person is under	65666
final consideration for appointment to or employment with the	65667
department, being transferred to the department, or being recalled	65668
to or reemployed by the department after a layoff;	65669

(ii) A person who is an employee because the person is	65670
appointed to or employed by the department.	65671

(b) A county board of developmental disabilities in the case	65672
of either of the following:	65673

(i) A person who is an applicant because the person is under	65674
final consideration for appointment to or employment with the	65675
county board, being transferred to the county board, or being	65676
recalled to or reemployed by the county board after a layoff;	65677

(ii) A person who is an employee because the person is	65678
appointed to or employed by the county board.	65679

65680

(i) A person who is an applicant because the person is under	65681
final consideration for a direct services position with the	65682
provider;	65683

(ii) A person who is an employee because the person is	65684
employed in a direct services position by the provider.	65685

(d) A subcontractor in the case of either of the following:

65686

(i) A person who is an applicant because the person is under	65687
final consideration for a direct services position with the	65688
subcontractor;	65689

(ii) A person who is an employee because the person is	65690
employed in a direct services position by the subcontractor.	65691

(9) "Specialized services" means any program or service	65692
designed and operated to serve primarily individuals with mental	65693
retardation or a developmental disability, including a program or	65694
service provided by an entity licensed or certified by the	65695
department of developmental disabilities. If there is a question	65696
as to whether a provider or subcontractor is providing specialized	65697
services, the provider or subcontractor may request that the	65698
director of developmental disabilities make a determination. The	65699
director's determination is final.	65700

(10) "Subcontractor" means a person to which both of the	65701
following apply:	65702

(a) The person has either of the following:

65703

(i) A subcontract with a provider to provide specialized	65704
services included in the contract between the provider and the	65705
department of developmental disabilities or a county board of	65706
developmental disabilities;	65707

(ii) A subcontract with another subcontractor to provide	65708
specialized services included in a subcontract between the other	65709
subcontractor and a provider or other subcontractor.	65710

(b) The person employs one or more persons in direct services	65711
positions.	65712

(B) ~~The director of developmental disabilities~~A responsible	65713
entity shall not employ an applicant or continue to employ an	65714
employee if either of the following applies:	65715

(1) The applicant or employee fails to comply with division	65716
(D)(3) of this section.	65717

(2) Except as provided in rules adopted under this section,	65718
the applicant or employee is found by a criminal records check	65719
required by this section to have been convicted of, pleaded guilty	65720
to, or been found eligible for intervention in lieu of conviction	65721
for a disqualifying offense.	65722

(C) Before employing an applicant in a position for which a	65723
criminal records check is required by this section, a responsible	65724
entity shall require the applicant to submit a statement with the	65725
applicant's signature attesting that the applicant has not been	65726
convicted of, pleaded guilty to, or been found eligible for	65727
intervention in lieu of conviction for a disqualifying offense.	65728
The responsible entity also shall require the applicant to sign an	65729
agreement under which the applicant agrees to notify the	65730
responsible entity within fourteen calendar days if, while	65731
employed by the responsible entity, the applicant is formally	65732
charged with, is convicted of, pleads guilty to, or is found	65733
eligible for intervention in lieu of conviction for a	65734
disqualifying offense. The agreement shall provide that the	65735
applicant's failure to provide the notification may result in	65736
termination of the applicant's employment.	65737

(D)(1) As a condition of employing any applicant in a	65738
position for which a criminal records check is required by this	65739
section, a responsible entity shall request the superintendent of	65740
the bureau of criminal identification and investigation to conduct	65741
a criminal records check ~~with respect to each applicant, except~~	65742
~~that the director is not required to request a criminal records~~	65743
~~check for an employee of the department who is being considered~~	65744
~~for a different position or is returning after a leave of absence~~	65745
~~or seasonal break in employment, as long as the director has no~~	65746
~~reason to believe that the employee has committed any of the~~	65747
~~offenses listed or described in division (E) of this section.~~	65748

~~If the~~of the applicant. If rules adopted under this section	65749
require an employee to undergo a criminal records check, a	65750
responsible entity shall request the superintendent to conduct a	65751
criminal records check of the employee at times specified in the	65752
rules as a condition of the responsible entity's continuing to	65753
employ the employee in a position for which a criminal records	65754
check is required by this section. If an applicant or employee	65755
does not present proof that the applicant or employee has been a	65756
resident of this state for the five-year period immediately prior	65757
to the date upon which the criminal records check is requested,	65758
the ~~director~~responsible entity shall request that the	65759
superintendent ~~of the bureau~~ obtain information from the federal	65760
bureau of investigation as a part of the criminal records check	65761
~~for the applicant~~. If the applicant or employee presents proof	65762
that the applicant or employee has been a resident of this state	65763
for that five-year period, the ~~director~~responsible entity may	65764
request that the superintendent ~~of the bureau~~ include information	65765
from the federal bureau of investigation in the criminal records	65766
check. For purposes of this division, an applicant or employee may	65767
provide proof of residency in this state by presenting, with a	65768
notarized statement asserting that the applicant or employee has	65769
been a resident of this state for that five-year period, a valid	65770
driver's license, notification of registration as an elector, a	65771
copy of an officially filed federal or state tax form identifying	65772
the applicant's or employee's permanent residence, or any other	65773
document the ~~director~~responsible entity considers acceptable.	65774

~~(C) The director~~(2) A responsible entity shall ~~provide~~do	65775
all of the following:	65776

(a) Provide to each applicant and employee for whom a	65777
criminal records check is required by this section a copy of the	65778
form prescribed pursuant to division (C)(1) of section 109.572 of	65779
the Revised Code~~, provide to each applicant~~and a standard	65780
impression sheet to obtain fingerprint impressions prescribed	65781
pursuant to division (C)(2) of section 109.572 of the Revised	65782
Code~~, obtain~~;	65783

(b) Obtain the completed form and standard impression sheet	65784
from ~~each~~the applicant~~, and forward~~or employee;	65785

(c) Forward the completed form and standard impression sheet	65786
to the superintendent ~~of the bureau of criminal identification and~~	65787
~~investigation~~ at the time the criminal records check is requested.	65788

(3) Any applicant or employee who receives pursuant to this	65789
division a copy of the form prescribed pursuant to division (C)(1)	65790
of section 109.572 of the Revised Code and a copy of anthe	65791
standard impression sheet prescribed pursuant to division (C)(2)	65792
of that section and who is requested to complete the form and	65793
provide a set of the applicant's or employee's fingerprint	65794
impressions shall complete the form or provide all the information	65795
necessary to complete the form and shall provide the ~~material~~	65796
standard impression sheet with the impressions of the applicant's	65797
or employee's fingerprints. ~~If an applicant, upon request, fails~~	65798
~~to provide the information necessary to complete the form or fails~~	65799
~~to provide impressions of the applicant's fingerprints, the~~	65800
~~director shall not employ the applicant.~~	65801

~~(D) The director~~(4) A responsible entity shall pay to the	65802
bureau of criminal identification and investigation the fee	65803
prescribed pursuant to division (C)(3) of section 109.572 of the	65804
Revised Code for each criminal records check requested and	65805
conducted pursuant to this section.	65806

(E) A responsible entity may request any other state or	65807
federal agency to supply the ~~director~~responsible entity with a	65808
written report regarding the criminal record of ~~each~~an applicant	65809
or employee. ~~With regard to an applicant who becomes a department~~	65810
~~employee, if the~~If an employee holds an occupational or	65811
professional license or other credentials, the ~~director~~	65812
responsible entity may request that the state or federal agency	65813
that regulates the employee's occupation or profession supply the	65814
~~director~~responsible entity with a written report of any	65815
information pertaining to the employee's criminal record that the	65816
agency obtains in the course of conducting an investigation or in	65817
the process of renewing the employee's license or other	65818
credentials. The responsible entity may consider the reports when	65819
determining whether to employ the applicant or to continue to	65820
employ the employee.	65821

~~(E) Except as provided in division (K)(2) of this section and~~	65822
~~in rules adopted by the director in accordance with division (M)~~	65823
~~of this section, the director shall not employ a person to fill a~~	65824
~~position with the department who has been convicted of or pleaded~~	65825
~~guilty to any of the following:~~	65826

~~(1) A violation of section 2903.01, 2903.02, 2903.03,~~	65827
~~2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,~~	65828
~~2903.341, 2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04,~~	65829
~~2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22,~~	65830
~~2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323,~~	65831
~~2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24,~~	65832
~~2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04,~~	65833
~~2925.05, 2925.06, or 3716.11 of the Revised Code, a violation of~~	65834
~~section 2905.04 of the Revised Code as it existed prior to July 1,~~	65835
~~1996, a violation of section 2919.23 of the Revised Code that~~	65836
~~would have been a violation of section 2905.04 of the Revised Code~~	65837
~~as it existed prior to July 1, 1996, had the violation occurred~~	65838
~~prior to that date, a violation of section 2925.11 of the Revised~~	65839
~~Code that is not a minor drug possession offense, or felonious~~	65840
~~sexual penetration in violation of former section 2907.12 of the~~	65841
~~Revised Code;~~	65842

~~(2) A felony contained in the Revised Code that is not listed~~	65843
~~in this division, if the felony bears a direct and substantial~~	65844
~~relationship to the duties and responsibilities of the position~~	65845
~~being filled;~~	65846

~~(3) Any offense contained in the Revised Code constituting a~~	65847
~~misdemeanor of the first degree on the first offense and a felony~~	65848
~~on a subsequent offense, if the offense bears a direct and~~	65849
~~substantial relationship to the position being filled and the~~	65850
~~nature of the services being provided by the department;~~	65851

~~(4) A violation of an existing or former municipal ordinance~~	65852
~~or law of this state, any other state, or the United States, if~~	65853
~~the offense is substantially equivalent to any of the offenses~~	65854
~~listed or described in division (E)(1), (2), or (3) of this~~	65855
~~section.~~	65856

(F) ~~Prior to employing an applicant, the director shall~~	65857
~~require the applicant to submit a statement with the applicant's~~	65858
~~signature attesting that the applicant has not been convicted of~~	65859
~~or pleaded guilty to any of the offenses listed or described in~~	65860
~~division (E) of this section. The director also shall require the~~	65861
~~applicant to sign an agreement under which the applicant agrees to~~	65862
~~notify the director within fourteen calendar days if, while~~	65863
~~employed with the department, the applicant is ever formally~~	65864
~~charged with, convicted of, or pleads guilty to any of the~~	65865
~~offenses listed or described in division (E) of this section. The~~	65866
~~agreement shall inform the applicant that failure to report formal~~	65867
~~charges, a conviction, or a guilty plea may result in being~~	65868
~~dismissed from employment.~~As a condition of employing an	65869
applicant in a position for which a criminal records check is	65870
required by this section and that involves transporting	65871
individuals with mental retardation or developmental disabilities	65872
or operating a responsible entity's vehicles for any purpose, the	65873
responsible entity shall obtain the applicant's driving record	65874
from the bureau of motor vehicles. If rules adopted under this	65875
section require a responsible entity to obtain an employee's	65876
driving record, the responsible entity shall obtain the employee's	65877
driving record from the bureau at times specified in the rules as	65878
a condition of continuing to employ the employee. The responsible	65879
entity may consider the applicant's or employee's driving record	65880
when determining whether to employ the applicant or to continue to	65881
employ the employee.	65882

(G) ~~The director shall pay to the bureau of criminal~~	65883
~~identification and investigation the fee prescribed pursuant to~~	65884
~~division (C)(3) of section 109.572 of the Revised Code for each~~	65885
~~criminal records check requested and conducted pursuant to this~~	65886
~~section.~~A responsible entity may employ an applicant	65887
conditionally pending receipt of a report regarding the applicant	65888
requested under this section. The responsible entity shall	65889
terminate the applicant's employment if it is determined from a	65890
report that the applicant failed to inform the responsible entity	65891
that the applicant had been convicted of, pleaded guilty to, or	65892
been found eligible for intervention in lieu of conviction for a	65893
disqualifying offense.	65894

(H) A responsible entity may charge an applicant a fee for	65895
costs the responsible entity incurs in obtaining a report	65896
regarding the applicant under this section if the responsible	65897
entity notifies the applicant of the amount of the fee at the time	65898
of the applicant's initial application for employment and that,	65899
unless the fee is paid, the responsible entity will not consider	65900
the applicant for employment. The fee shall not exceed the amount	65901
of the fee, if any, the responsible entity pays for the report.	65902

(I)(1) Any report obtained pursuant to this section is not a	65903
public record for purposes of section 149.43 of the Revised Code	65904
and shall not be made available to any person, other than the	65905
following:	65906

(a) The applicant or employee who is the subject of the	65907
~~records check or criminal records check~~report or the applicant's	65908
or employee's representative~~, the department~~;	65909

(b) The responsible entity that requested the report or its	65910
representative~~, a county board of developmental disabilities, and~~	65911
~~any~~;	65912

(c) The department if a county board, provider, or	65913
subcontractor is the responsible entity that requested the report	65914
and the department requests the responsible entity to provide a	65915
copy of the report to the department;	65916

(d) A county board if a provider or subcontractor is the	65917
responsible entity that requested the report and the county board	65918
requests the responsible entity to provide a copy of the report to	65919
the county board;	65920

(e) Any court, hearing officer, or other necessary individual	65921
involved in a case dealing with ~~the~~any of the following:	65922

(i) The denial of employment to the applicant or ~~the~~	65923
employee;	65924

(ii) The denial, suspension, or revocation of a certificate	65925
~~or evidence of registration~~ under section ~~5123.082~~5123.166 or	65926
5123.45 of the Revised Code;	65927

(iii) A civil or criminal action regarding the medicaid	65928
program or a program the department administers.	65929

(2) An ~~individual~~applicant or employee for whom ~~the director~~	65930
responsible entity has obtained reports under this section may	65931
submit a written request to the ~~director~~responsible entity to	65932
have copies of the reports sent to any state agency, entity of	65933
local government, or private entity. The ~~individual~~applicant or	65934
employee shall specify in the request the agencies or entities to	65935
which the copies are to be sent. On receiving the request, the	65936
~~director~~responsible entity shall send copies of the reports to	65937
the agencies or entities specified.	65938

~~The director~~(3) A responsible entity may request that a	65939
state agency, entity of local government, or private entity send	65940
copies to the ~~director~~responsible entity of any report regarding	65941
a records check or criminal records check that the agency or	65942
entity possesses, if the ~~director~~responsible entity obtains the	65943
written consent of the individual who is the subject of the	65944
report.	65945

~~(I) The director shall request the registrar of motor~~	65946
~~vehicles to supply the director with a certified abstract~~	65947
~~regarding the record of convictions for violations of motor~~	65948
~~vehicle laws of each applicant who will be required by the~~	65949
~~applicant's employment to transport individuals with mental~~	65950
~~retardation or a developmental disability or to operate the~~	65951
~~department's vehicles for any other purpose. For each abstract~~	65952
~~provided under this section, the director shall pay the amount~~	65953
~~specified in section 4509.05 of the Revised Code.~~	65954

~~(J) The director~~(4) A responsible entity shall provide each	65955
applicant and employee with a copy of any report ~~or abstract~~	65956
obtained about the applicant or employee under this section.	65957

~~(K)(1) The director shall inform each person, at the time of~~	65958
~~the person's initial application for employment, that the person~~	65959
~~is required to provide a set of impressions of the person's~~	65960
~~fingerprints and that a criminal records check is required to be~~	65961
~~conducted and satisfactorily completed in accordance with section~~	65962
~~109.572 of the Revised Code if the person comes under final~~	65963
~~consideration for employment as a precondition to employment in a~~	65964
~~position.~~	65965

~~(2) The director may employ an applicant pending receipt of~~	65966
~~reports requested under this section. The director shall terminate~~	65967
~~employment of any such applicant if it is determined from the~~	65968
~~reports that the applicant failed to inform the director that the~~	65969
~~applicant had been convicted of or pleaded guilty to any of the~~	65970
~~offenses listed or described in division (E) of this section.~~	65971

~~(L) The director may charge an applicant a fee for costs the~~	65972
~~director incurs in obtaining reports, abstracts, or fingerprint~~	65973
~~impressions under this section. A fee charged under this division~~	65974
~~shall not exceed the amount of the fees the director pays under~~	65975
~~divisions (G) and (I) of this section. If a fee is charged under~~	65976
~~this division, the director shall notify the applicant of the~~	65977
~~amount of the fee at the time of the applicant's initial~~	65978
~~application for employment and that, unless the fee is paid, the~~	65979
~~director will not consider the applicant for employment.~~	65980

~~(M)~~(J) The director of developmental disabilities shall adopt	65981
rules in accordance with Chapter 119. of the Revised Code to	65982
implement this section~~, including rules specifying~~.	65983

(1) The rules may do the following:

65984

(a) Require employees to undergo criminal records checks	65985
under this section;	65986

(b) Require responsible entities to obtain the driving	65987
records of employees under this section;	65988

(c) If the rules require employees to undergo criminal	65989
records checks, require responsible entities to obtain the driving	65990
records of employees, or both, exempt one or more classes of	65991
employees from the requirements.	65992

(2) The rules shall do both of the following:

65993

(a) If the rules require employees to undergo criminal	65994
records checks, require responsible entities to obtain the driving	65995
records of employees, or both, specify the times at which the	65996
criminal records checks are to be conducted and the driving	65997
records are to be obtained;	65998

(b) Specify circumstances under which ~~the director~~a	65999
responsible entity may employ ~~a person who has~~an applicant or	66000
employee who is found by a criminal records check required by this	66001
section to have been convicted of or, pleaded guilty to an, or	66002
been found eligible for intervention in lieu of conviction for a	66003
disqualifying offense ~~listed or described in division (E) of this~~	66004
~~section~~ but ~~who~~ meets standards in regard to rehabilitation set by	66005
the director.	66006

Sec. 5123.16. (A) As used in sections 5123.16 to ~~5123.169~~	66007
5123.1610 of the Revised Code:	66008

(1) "Applicant" means any of the following:

66009

(a) The chief executive officer of a business that applies	66010
under section 5123.161 of the Revised Code for a certificate to	66011
provide supported living;	66012

(b) The chief executive officer of a business that seeks	66013
renewal of the business's supported living certificate under	66014
section 5123.164 of the Revised Code;	66015

(c) An individual who applies under section 5123.161 of the	66016
Revised Code for a certificate to provide supported living as an	66017
independent provider;	66018

(d) An independent provider who seeks renewal of the	66019
independent provider's supported living certificate under section	66020
5123.164 of the Revised Code.	66021

(2)(a) "Business" means either of the following:

66022

(i) An association, corporation, nonprofit organization,	66023
partnership, trust, or other group of persons;	66024

(ii) An individual who employs, directly or through contract,	66025
one or more other individuals to provide supported living.	66026

(b) "Business" does not mean an independent provider.

66027

(3) "Criminal records check" has the same meaning as in	66028
section 109.572 of the Revised Code.	66029

(4) "Disqualifying offense" means any of the following:

66030

(a) One or more violations of section 959.13, 959.131,	66031
2903.01, 2903.02, 2903.03, 2903.04, 2903.041, 2903.11, 2903.12,	66032
2903.13, 2903.15, 2903.16, 2903.21, 2903.211, 2903.22, 2903.34,	66033
2903.341, 2905.01, 2905.02, 2905.05, 2905.11, 2905.12, 2907.02,	66034
2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09,	66035
2907.21, 2907.22, 2907.23, 2907.24, 2907.25, 2907.31, 2907.32,	66036
2907.321, 2907.322, 2907.323, 2907.33, 2909.02, 2909.03, 2909.04,	66037
2909.22, 2909.23, 2909.24, 2911.01, 2911.02, 2911.11, 2911.12,	66038
2911.13, 2913.02, 2913.03, 2913.04, 2913.05, 2913.11, 2913.21,	66039
2913.31, 2913.32, 2913.40, 2913.41, 2913.42, 2913.43, 2913.44,	66040
2913.441, 2913.45, 2913.46, 2913.47, 2913.48, 2913.49, 2913.51,	66041
2917.01, 2917.02, 2917.03, 2917.31, 2919.12, 2919.121, 2919.123,	66042
2919.22, 2919.24, 2919.25, 2921.03, 2921.11, 2921.13, 2921.21,	66043
2921.24, 2921.321, 2921.34, 2921.35, 2921.36, 2921.51, 2923.12,	66044
2923.122, 2923.123, 2923.13, 2923.161, 2923.162, 2923.21, 2923.32,	66045
2923.42, 2925.02, 2925.03, 2925.04, 2925.041, 2925.05, 2925.06,	66046
2925.09, 2925.13, 2925.14, 2925.22, 2925.23, 2925.24, 2925.36,	66047
2925.55, 2925.56, 2927.12, or 3716.11 of the Revised Code;	66048

(b) One or more violations of section 2905.04 of the Revised	66049
Code as it existed prior to July 1, 1996;	66050

(c) One or more violations of section 2919.23 of the Revised	66051
Code that would have been a violation of section 2905.04 of the	66052
Revised Code as it existed prior to July 1, 1996, had the	66053
violation occurred prior to that date;	66054

(d) One violation of section 2925.11 of the Revised Code that	66055
is not a minor drug possession offense;	66056

(e) Two or more violations of section 2925.11 of the Revised	66057
Code, regardless of whether any of the violations are a minor drug	66058
possession offense;	66059

(f) One or more violations of felonious sexual penetration	66060
under former section 2907.12 of the Revised Code;	66061

(g) One or more violations of section 2923.01, 2923.02, or	66062
2923.03 of the Revised Code when the underlying offense that is	66063
the object of the conspiracy, attempt, or complicity is one of the	66064
offenses listed in divisions (A)(4)(a) to (f) of this section;	66065

(h) One or more felonies contained in the Revised Code that	66066
are not listed in divisions (A)(4)(a) to (g) of this section, if	66067
the felony bears a direct and substantial relationship to the	66068
duties and responsibilities of the position being filled;	66069

(i) One or more offenses contained in the Revised Code	66070
constituting a misdemeanor of the first degree on the first	66071
offense and a felony on a subsequent offense, if the offense bears	66072
a direct and substantial relationship to the position being filled	66073
and the nature of the services being provided by the responsible	66074
entity;	66075

(j) One or more violations of an existing or former municipal	66076
ordinance or law of this state, any other state, or the United	66077
States, if the offense is substantially equivalent to any of the	66078
offenses listed or described in divisions (A)(4)(a) to (i) of this	66079
section.	66080

(5) "Independent provider" means a provider who provides	66081
supported living on a self-employed basis and does not employ,	66082
directly or through contract, another individual to provide the	66083
supported living.	66084

(6) "Provider" means a person or government entity certified	66085
by the director of developmental disabilities to provide supported	66086
living.	66087

~~(2)~~(7) "Minor drug possession offense" has the same meaning	66088
as in section 2925.01 of the Revised Code.	66089

(8) "Related party" means any of the following:

66090

(a) In the case of a provider who is an individual, any of	66091
the following:	66092

(i) The spouse of the provider;

66093

(ii) A parent or stepparent of the provider or provider's	66094
spouse;	66095

(iii) A child of the provider or provider's spouse;

66096

(iv) A sibling, half sibling, or stepsibling of the provider	66097
or provider's spouse;	66098

(v) A grandparent of the provider or provider's spouse;

66099

(vi) A grandchild of the provider or provider's spouse;

66100

(vii) An employee or employer of the provider or provider's	66101
spouse.	66102

(b) In the case of a provider that is a person other than an	66103
individual, any of the following:	66104

(i) An employee of the person;

66105

(ii) An officer of the provider, including the chief	66106
executive officer, president, vice-president, secretary, and	66107
treasurer;	66108

(iii) A member of the provider's board of directors or	66109
trustees;	66110

(iv) A person owning a financial interest of five per cent or	66111
more in the provider;	66112

(v) A corporation that has a subsidiary relationship with the	66113
provider;	66114

(vi) A person or government entity that has control over the	66115
provider's day-to-day operation;	66116

(vii) A person over which the provider has control of the	66117
day-to-day operation.	66118

(c) In the case of a provider that is a government entity,	66119
any of the following:	66120

(i) An employee of the provider;

66121

(ii) An officer of the provider;

66122

(iii) A member of the provider's governing board;

66123

(iv) A government entity that has control over the provider's	66124
day-to-day operation;	66125

(v) A person or government entity over which the provider has	66126
control of the day-to-day operation.	66127

(B) No person or government entity may provide supported	66128
living without a valid supported living certificate issued by the	66129
director of developmental disabilities.	66130

(C) A county board of developmental disabilities may provide	66131
supported living only to the extent permitted by rules adopted	66132
under section ~~5123.169~~5123.1610 of the Revised Code.	66133

Sec. 5123.161. A person or government entity that seeks to	66134
provide supported living shall apply to the director of	66135
developmental disabilities for a supported living certificate.	66136

Except as provided in ~~section~~sections 5123.166 and 5123.169	66137
of the Revised Code, the director shall issue to the ~~applicant~~	66138
person or government entity a supported living certificate if the	66139
~~applicant~~person or government entity follows the application	66140
process established in rules adopted under section ~~5123.169~~	66141
5123.1610 of the Revised Code, meets the applicable certification	66142
standards established in those rules, and pays the certification	66143
fee established in those rules.	66144

Sec. 5123.162. The director of developmental disabilities	66145
may conduct surveys of persons and government entities that seek a	66146
supported living certificate to determine whether the persons and	66147
government entities meet the certification standards. The director	66148
may also conduct surveys of providers to determine whether the	66149
providers continue to meet the certification standards. The	66150
director shall conduct the surveys in accordance with rules	66151
adopted under section ~~5123.169~~5123.1610 of the Revised Code.	66152

The records of surveys conducted under this section are	66153
public records for the purpose of section 149.43 of the Revised	66154
Code and shall be made available on the request of any person or	66155
government entity.	66156

Sec. 5123.163. A supported living certificate is valid for a	66157
period of time established in rules adopted under section ~~5123.169~~	66158
5123.1610 of the Revised Code, unless any of the following occur	66159
before the end of that period of time:	66160

(A) The director of developmental disabilities issues an	66161
order requiring that action be taken against the certificate	66162
holder under section 5123.166 of the Revised Code.	66163

(B) The director issues an order terminating the certificate	66164
under section 5123.168 of the Revised Code.	66165

(C) The certificate holder voluntarily surrenders the	66166
certificate to the director.	66167

Sec. 5123.164. Except as provided in ~~section~~sections	66168
5123.166 and 5123.169 of the Revised Code, the director of	66169
developmental disabilities shall renew a supported living	66170
certificate if the certificate holder follows the renewal process	66171
established in rules adopted under section ~~5123.169~~5123.1610 of	66172
the Revised Code, continues to meet the applicable certification	66173
standards established in those rules, and pays the renewal fee	66174
established in those rules.	66175

Sec. 5123.166. (A) If good cause exists as specified in	66176
division (B) of this section and determined in accordance with	66177
procedures established in rules adopted under section ~~5123.169~~	66178
5123.1610 of the Revised Code, the director of developmental	66179
disabilities may issue an adjudication order requiring that one of	66180
the following actions be taken against a person or government	66181
entity seeking or holding a supported living certificate:	66182

(1) Refusal to issue or renew a supported living certificate;

66183

(2) Revocation of a supported living certificate;

66184

(3) Suspension of a supported living certificate holder's	66185
authority to do either or both of the following:	66186

(a) Continue to provide supported living to one or more	66187
individuals from one or more counties who receive supported living	66188
from the certificate holder at the time the director takes the	66189
action;	66190

(b) Begin to provide supported living to one or more	66191
individuals from one or more counties who do not receive supported	66192
living from the certificate holder at the time the director takes	66193
the action.	66194

(B) The following constitute good cause for taking action	66195
under division (A) of this section against a person or government	66196
entity seeking or holding a supported living certificate:	66197

(1) The person or government entity's failure to meet or	66198
continue to meet the applicable certification standards	66199
established in rules adopted under section ~~5123.169~~5123.1610 of	66200
the Revised Code;	66201

(2) The person or government entity violates section 5123.165	66202
of the Revised Code;	66203

(3) The person or government entity's failure to satisfy the	66204
requirements of section 5123.081 or 5123.52~~, 5126.28, or 5126.281~~	66205
of the Revised Code;	66206

(4) Misfeasance;

66207

(5) Malfeasance;

66208

(6) Nonfeasance;

66209

(7) Confirmed abuse or neglect;

66210

(8) Financial irresponsibility;

66211

(9) Other conduct the director determines is or would be	66212
injurious to individuals who receive or would receive supported	66213
living from the person or government entity.	66214

(C) Except as provided in division (D) of this section, the	66215
director shall issue an adjudication order under division (A) of	66216
this section in accordance with Chapter 119. of the Revised Code.	66217

(D)(1) The director may issue an order requiring that action	66218
specified in division (A)(3) of this section be taken before a	66219
provider is provided notice and an opportunity for a hearing if	66220
all of the following are the case:	66221

(a) The director determines such action is warranted by the	66222
provider's failure to continue to meet the applicable	66223
certification standards;	66224

(b) The director determines that the failure either	66225
represents a pattern of serious noncompliance or creates a	66226
substantial risk to the health or safety of an individual who	66227
receives or would receive supported living from the provider;	66228

(c) If the order will suspend the provider's authority to	66229
continue to provide supported living to an individual who receives	66230
supported living from the provider at the time the director issues	66231
the order, both of the following are the case:	66232

(i) The director makes the individual, or the individual's	66233
guardian, aware of the director's determination under division	66234
(D)(1)(b) of this section and the individual or guardian does not	66235
select another provider.	66236

(ii) A county board of developmental disabilities has filed a	66237
complaint with a probate court under section ~~5123.33~~5126.33 of	66238
the Revised Code that includes facts describing the nature of	66239
abuse or neglect that the individual has suffered due to the	66240
provider's actions that are the basis for the director making the	66241
determination under division (D)(1)(b) of this section and the	66242
probate court does not issue an order authorizing the county board	66243
to arrange services for the individual pursuant to an	66244
individualized service plan developed for the individual under	66245
section ~~5123.31~~5126.31 of the Revised Code.	66246

(2) If the director issues an order under division (D)(1) of	66247
this section, sections 119.091 to 119.13 of the Revised Code and	66248
all of the following apply:	66249

(a) The director shall send the provider notice of the order	66250
by registered mail, return receipt requested, not later than	66251
twenty-four hours after issuing the order and shall include in the	66252
notice the reasons for the order, the citation to the law or rule	66253
directly involved, and a statement that the provider will be	66254
afforded a hearing if the provider requests it within ten days of	66255
the time of receiving the notice.	66256

(b) If the provider requests a hearing within the required	66257
time and the provider has provided the director the provider's	66258
current address, the director shall immediately set, and notify	66259
the provider of, the date, time, and place for the hearing.	66260

(c) The date of the hearing shall be not later than thirty	66261
days after the director receives the provider's timely request for	66262
the hearing.	66263

(d) The hearing shall be conducted in accordance with section	66264
119.09 of the Revised Code, except for all of the following:	66265

(i) The hearing shall continue uninterrupted until its close,	66266
except for weekends, legal holidays, and other interruptions the	66267
provider and director agree to.	66268

(ii) If the director appoints a referee or examiner to	66269
conduct the hearing, the referee or examiner, not later than ten	66270
days after the date the referee or examiner receives a transcript	66271
of the testimony and evidence presented at the hearing or, if the	66272
referee or examiner does not receive the transcript or no such	66273
transcript is made, the date that the referee or examiner closes	66274
the record of the hearing, shall submit to the director a written	66275
report setting forth the referee or examiner's findings of fact	66276
and conclusions of law and a recommendation of the action the	66277
director should take.	66278

(iii) The provider may, not later than five days after the	66279
date the director, in accordance with section 119.09 of the	66280
Revised Code, sends the provider or the provider's attorney or	66281
other representative of record a copy of the referee or examiner's	66282
report and recommendation, file with the director written	66283
objections to the report and recommendation.	66284

(iv) The director shall approve, modify, or disapprove the	66285
referee or examiner's report and recommendation not earlier than	66286
six days, and not later than fifteen days, after the date the	66287
director, in accordance with section 119.09 of the Revised Code,	66288
sends a copy of the report and recommendation to the provider or	66289
the provider's attorney or other representative of record.	66290

(3) The director may lift an order issued under division	66291
(D)(1) of this section even though a hearing regarding the order	66292
is occurring or pending if the director determines that the	66293
provider has taken action eliminating the good cause for issuing	66294
the order. The hearing shall proceed unless the provider withdraws	66295
the request for the hearing in a written letter to the director.	66296

(4) The director shall lift an order issued under division	66297
(D)(1) of this section if both of the following are the case:	66298

(a) The provider provides the director a plan of compliance	66299
the director determines is acceptable.	66300

(b) The director determines that the provider has implemented	66301
the plan of compliance correctly.	66302

Sec. 5123.169. (A) The director of developmental	66303
disabilities shall not issue a supported living certificate to an	66304
applicant or renew an applicant's supported living certificate if	66305
either of the following applies:	66306

(1) The applicant fails to comply with division (C)(2) of	66307
this section;	66308

(2) Except as provided in rules adopted under section	66309
5123.1610 of the Revised Code, the applicant is found by a	66310
criminal records check required by this section to have been	66311
convicted of, pleaded guilty to, or been found eligible for	66312
intervention in lieu of conviction for a disqualifying offense.	66313

(B) Before issuing a supported living certificate to an	66314
applicant or renewing an applicant's supported living certificate,	66315
the director shall require the applicant to submit a statement	66316
with the applicant's signature attesting that the applicant has	66317
not been convicted of, pleaded guilty to, or been found eligible	66318
for intervention in lieu of conviction for a disqualifying	66319
offense. The director also shall require the applicant to sign an	66320
agreement under which the applicant agrees to notify the director	66321
within fourteen calendar days if, while holding a supported living	66322
certificate, the applicant is formally charged with, is convicted	66323
of, pleads guilty to, or is found eligible for intervention in	66324
lieu of conviction for a disqualifying offense. The agreement	66325
shall provide that the applicant's failure to provide the	66326
notification may result in action being taken by the director	66327
against the applicant under section 5123.166 of the Revised Code.	66328

(C)(1) As a condition of receiving a supported living	66329
certificate or having a supported living certificate renewed, an	66330
applicant shall request the superintendent of the bureau of	66331
criminal identification and investigation to conduct a criminal	66332
records check of the applicant. If an applicant does not present	66333
proof to the director that the applicant has been a resident of	66334
this state for the five-year period immediately prior to the date	66335
that the applicant applies for issuance or renewal of the	66336
supported living certificate, the director shall require the	66337
applicant to request that the superintendent obtain information	66338
from the federal bureau of investigation as a part of the criminal	66339
records check. If the applicant presents proof to the director	66340
that the applicant has been a resident of this state for that	66341
five-year period, the director may require the applicant to	66342
request that the superintendent include information from the	66343
federal bureau of investigation in the criminal records check. For	66344
purposes of this division, an applicant may provide proof of	66345
residency in this state by presenting, with a notarized statement	66346
asserting that the applicant has been a resident of this state for	66347
that five-year period, a valid driver's license, notification of	66348
registration as an elector, a copy of an officially filed federal	66349
or state tax form identifying the applicant's permanent residence,	66350
or any other document the director considers acceptable.	66351

(2) Each applicant shall do all of the following:

66352

(a) Obtain a copy of the form prescribed pursuant to division	66353
(C)(1) of section 109.572 of the Revised Code and a standard	66354
impression sheet prescribed pursuant to division (C)(2) of section	66355
109.572 of the Revised Code;	66356

(b) Complete the form and provide the applicant's fingerprint	66357
impressions on the standard impression sheet;	66358

(c) Forward the completed form and standard impression sheet	66359
to the superintendent at the time the criminal records check is	66360
requested;	66361

(d) Instruct the superintendent to submit the completed	66362
report of the criminal records check directly to the director;	66363

(e) Pay to the bureau of criminal identification and	66364
investigation the fee prescribed pursuant to division (C)(3) of	66365
section 109.572 of the Revised Code for each criminal records	66366
check of the applicant requested and conducted pursuant to this	66367
section.	66368

(D) The director may request any other state or federal	66369
agency to supply the director with a written report regarding the	66370
criminal record of an applicant. The director may consider the	66371
reports when determining whether to issue a supported living	66372
certificate to the applicant or to renew an applicant's supported	66373
living certificate.	66374

(E) An applicant who seeks to be an independent provider or	66375
is an independent provider seeking renewal of the applicant's	66376
supported living certificate shall obtain the applicant's driving	66377
record from the bureau of motor vehicles and provide a copy of the	66378
record to the director if the supported living that the applicant	66379
will provide involves transporting individuals with mental	66380
retardation or developmental disabilities. The director may	66381
consider the applicant's driving record when determining whether	66382
to issue the applicant a supported living certificate or to renew	66383
the applicant's supported living certificate.	66384

(F)(1) A report obtained pursuant to this section is not a	66385
public record for purposes of section 149.43 of the Revised Code	66386
and shall not be made available to any person, other than the	66387
following:	66388

(a) The applicant who is the subject of the report or the	66389
applicant's representative;	66390

(b) The director or the director's representative;

66391

(c) Any court, hearing officer, or other necessary	66392
individual involved in a case dealing with any of the following:	66393

(i) The denial of a supported living certificate or refusal	66394
to renew a supported living certificate;	66395

(ii) The denial, suspension, or revocation of a certificate	66396
under section 5123.45 of the Revised Code;	66397

(iii) A civil or criminal action regarding the medicaid	66398
program.	66399

(2) An applicant for whom the director has obtained reports	66400
under this section may submit a written request to the director to	66401
have copies of the reports sent to any person or state or local	66402
government entity. The applicant shall specify in the request the	66403
person or entities to which the copies are to be sent. On	66404
receiving the request, the director shall send copies of the	66405
reports to the persons or entities specified.	66406

(3) The director may request that a person or state or local	66407
government entity send copies to the director of any report	66408
regarding a records check or criminal records check that the	66409
person or entity possesses, if the director obtains the written	66410
consent of the individual who is the subject of the report.	66411

(4) The director shall provide each applicant with a copy of	66412
any report obtained about the applicant under this section.	66413

~~Sec. 5123.169.~~ Sec. 5123.1610. The director of developmental	66414
disabilities shall adopt rules under Chapter 119. of the Revised	66415
Code establishing all of the following:	66416

(A) The extent to which a county board of developmental	66417
disabilities may provide supported living;	66418

(B) The application process for obtaining a supported living	66419
certificate under section 5123.161 of the Revised Code;	66420

(C) The certification standards a person or government entity	66421
must meet to obtain a supported living certificate to provide	66422
supported living;	66423

(D) The certification fee for a supported living certificate,	66424
which shall be deposited into the program fee fund created under	66425
section 5123.033 of the Revised Code;	66426

(E) The period of time a supported living certificate is	66427
valid;	66428

(F) The process for renewing a supported living certificate	66429
under section 5123.164 of the Revised Code;	66430

(G) The renewal fee for a supported living certificate, which	66431
shall be deposited into the program fee fund created under section	66432
5123.033 of the Revised Code;	66433

(H) Procedures for conducting surveys under section 5123.162	66434
of the Revised Code;	66435

(I) Procedures for determining whether there is good cause to	66436
take action under section 5123.166 of the Revised Code against a	66437
person or government entity seeking or holding a supported living	66438
certificate;	66439

(J) Circumstances under which the director may issue a	66440
supported living certificate to an applicant or renew an	66441
applicant's supported living certificate if the applicant is found	66442
by a criminal records check required by section 5123.169 of the	66443
Revised Code to have been convicted of, pleaded guilty to, or been	66444
found eligible for intervention in lieu of conviction for a	66445
disqualifying offense but meets standards in regard to	66446
rehabilitation set by the director.	66447

Sec. 5123.171. As used in this section, "respite care" means	66448
appropriate, short-term, temporary care provided to a mentally	66449
retarded or developmentally disabled person to sustain the family	66450
structure or to meet planned or emergency needs of the family.	66451

The department of developmental disabilities shall provide	66452
respite care services to persons with mental retardation or a	66453
developmental disability for the purpose of promoting	66454
self-sufficiency and normalization, preventing or reducing	66455
inappropriate institutional care, and furthering the unity of the	66456
family by enabling the family to meet the special needs of a	66457
mentally retarded or developmentally disabled person.	66458

In order to be eligible for respite care services under this	66459
section, the mentally retarded or developmentally disabled person	66460
must be in need of habilitation services as defined in section	66461
5126.01 of the Revised Code.	66462

Respite care may be provided in a residential facility	66463
licensed under section 5123.19 of the Revised Code or(including a	66464
residential facility certified as an intermediate care facility	66465
for the mentally retarded under Title XIX of the "Social Security	66466
Act," 4979 Stat. ~~620~~344 (~~1935~~1965), 42 U.S.C. ~~301~~1396, et	66467
seq., as amended~~, or certified as~~) and a respite care home	66468
certified under section 5126.05 of the Revised Code.	66469

The department shall develop a system for locating vacant	66470
beds that are available for respite care and for making	66471
information on vacant beds available to users of respite care	66472
services. Facilities certified as intermediate care facilities for	66473
the mentally retarded shall report vacant beds to the department	66474
but shall not be required to accept respite care clients.	66475

The director of developmental disabilities shall adopt, and	66476
may amend or rescind, rules in accordance with Chapter 119. of the	66477
Revised Code for both of the following:	66478

(A) Certification by county boards of developmental	66479
disabilities of respite care homes;	66480

(B) Provision of respite care services authorized by this	66481
section. Rules adopted under this division shall establish all of	66482
the following:	66483

(1) A formula for distributing funds appropriated for respite	66484
care services;	66485

(2) Standards for supervision, training and quality control	66486
in the provision of respite care services;	66487

(3) Eligibility criteria for emergency respite care services.

66488

Sec. 5123.19. (A) As used in ~~this section and in~~ sections	66489
~~5123.191, 5123.194, 5123.196, 5123.197, 5123.198, and~~5123.19 to	66490
5123.20 of the Revised Code:	66491

(1)~~(a) "Residential facility" means a home or facility in~~	66492
~~which a mentally retarded or developmentally disabled person~~	66493
~~resides, except the home of a relative or legal guardian in which~~	66494
~~a mentally retarded or developmentally disabled person resides, a~~	66495
~~respite care home certified under section 5126.05 of the Revised~~	66496
~~Code, a county home or district home operated pursuant to Chapter~~	66497
~~5155. of the Revised Code, or a dwelling in which the only~~	66498
~~mentally retarded or developmentally disabled residents are in an~~	66499
~~independent living arrangement or are being provided supported~~	66500
~~living.~~	66501

~~(b) "Intermediate care facility for the mentally retarded"~~	66502
~~means a residential facility that is considered an intermediate~~	66503
~~care facility for the mentally retarded for the purposes of~~	66504
~~Chapter 5111. of the Revised Code.~~	66505

~~(2) "Political subdivision" means a municipal corporation,~~	66506
~~county, or township.~~	66507

~~(3)~~ "Independent living arrangement" means an arrangement in	66508
which a mentally retarded or developmentally disabled person	66509
resides in an individualized setting chosen by the person or the	66510
person's guardian, which is not dedicated principally to the	66511
provision of residential services for mentally retarded or	66512
developmentally disabled persons, and for which no financial	66513
support is received for rendering such service from any	66514
governmental agency by a provider of residential services.	66515

~~(4)~~(2) "Intermediate care facility for the mentally retarded"	66516
has the same meaning as in section 1905(d) of the "Social Security	66517
Act," 101 Stat. 1330-204 (1987), 42 U.S.C. 1396d(d), as amended.	66518

(3) "Licensee" means the person or government agency that has	66519
applied for a license to operate a residential facility and to	66520
which the license was issued under this section.	66521

(4) "Political subdivision" means a municipal corporation,	66522
county, or township.	66523

(5) "Related party" has the same meaning as in section	66524
5123.16 of the Revised Code except that "provider" as used in the	66525
definition of "related party" means a person or government entity	66526
that held or applied for a license to operate a residential	66527
facility, rather than a person or government entity certified to	66528
provide supported living.	66529

(6)(a) Except as provided in division (A)(6)(b) of this	66530
section, "residential facility" means a home or facility,	66531
including a facility certified as an intermediate care facility	66532
for the mentally retarded, in which an individual with mental	66533
retardation or a developmental disability resides.	66534

(b) "Residential facility" does not mean any of the	66535
following:	66536

(i) The home of a relative or legal guardian in which an	66537
individual with mental retardation or a developmental disability	66538
resides;	66539

(ii) A respite care home certified under section 5126.05 of	66540
the Revised Code;	66541

(iii) A county home or district home operated pursuant to	66542
Chapter 5155. of the Revised Code;	66543

(iv) A dwelling in which the only residents with mental	66544
retardation or developmental disabilities are in independent	66545
living arrangements or are being provided supported living.	66546

(B) Every person or government agency desiring to operate a	66547
residential facility shall apply for licensure of the facility to	66548
the director of developmental disabilities unless the residential	66549
facility is subject to section 3721.02, ~~5119.73,~~ 5103.03, or	66550
5119.20, or division (A)(9)(b) of section 5119.22 of the Revised	66551
Code. ~~Notwithstanding Chapter 3721. of the Revised Code, a nursing~~	66552
~~home that is certified as an intermediate care facility for the~~	66553
~~mentally retarded under Title XIX of the "Social Security Act," 79~~	66554
~~Stat. 286 (1965), 42 U.S.C.A. 1396, as amended, shall apply for~~	66555
~~licensure of the portion of the home that is certified as an~~	66556
~~intermediate care facility for the mentally retarded.~~	66557

(C) Subject to section 5123.196 of the Revised Code, the	66558
director of developmental disabilities shall license the operation	66559
of residential facilities. An initial license shall be issued for	66560
a period that does not exceed one year, unless the director denies	66561
the license under division (D) of this section. A license shall be	66562
renewed for a period that does not exceed three years, unless the	66563
director refuses to renew the license under division (D) of this	66564
section. The director, when issuing or renewing a license, shall	66565
specify the period for which the license is being issued or	66566
renewed. A license remains valid for the length of the licensing	66567
period specified by the director, unless the license is	66568
terminated, revoked, or voluntarily surrendered.	66569

(D) If it is determined that an applicant or licensee is not	66570
in compliance with a provision of this chapter that applies to	66571
residential facilities or the rules adopted under such a	66572
provision, the director may deny issuance of a license, refuse to	66573
renew a license, terminate a license, revoke a license, issue an	66574
order for the suspension of admissions to a facility, issue an	66575
order for the placement of a monitor at a facility, issue an order	66576
for the immediate removal of residents, or take any other action	66577
the director considers necessary consistent with the director's	66578
authority under this chapter regarding residential facilities. In	66579
the director's selection and administration of the sanction to be	66580
imposed, all of the following apply:	66581

(1) The director may deny, refuse to renew, or revoke a	66582
license, if the director determines that the applicant or licensee	66583
has demonstrated a pattern of serious noncompliance or that a	66584
violation creates a substantial risk to the health and safety of	66585
residents of a residential facility.	66586

(2) The director may terminate a license if more than twelve	66587
consecutive months have elapsed since the residential facility was	66588
last occupied by a resident or a notice required by division (K)	66589
of this section is not given.	66590

(3) The director may issue an order for the suspension of	66591
admissions to a facility for any violation that may result in	66592
sanctions under division (D)(1) of this section and for any other	66593
violation specified in rules adopted under division (H)(2) of this	66594
section. If the suspension of admissions is imposed for a	66595
violation that may result in sanctions under division (D)(1) of	66596
this section, the director may impose the suspension before	66597
providing an opportunity for an adjudication under Chapter 119. of	66598
the Revised Code. The director shall lift an order for the	66599
suspension of admissions when the director determines that the	66600
violation that formed the basis for the order has been corrected.	66601

(4) The director may order the placement of a monitor at a	66602
residential facility for any violation specified in rules adopted	66603
under division (H)(2) of this section. The director shall lift the	66604
order when the director determines that the violation that formed	66605
the basis for the order has been corrected.	66606

(5) If the director determines that two or more residential	66607
facilities owned or operated by the same person or government	66608
entity are not being operated in compliance with a provision of	66609
this chapter that applies to residential facilities or the rules	66610
adopted under such a provision, and the director's findings are	66611
based on the same or a substantially similar action, practice,	66612
circumstance, or incident that creates a substantial risk to the	66613
health and safety of the residents, the director shall conduct a	66614
survey as soon as practicable at each residential facility owned	66615
or operated by that person or government entity. The director may	66616
take any action authorized by this section with respect to any	66617
facility found to be operating in violation of a provision of this	66618
chapter that applies to residential facilities or the rules	66619
adopted under such a provision.	66620

(6) When the director initiates license revocation	66621
proceedings, no opportunity for submitting a plan of correction	66622
shall be given. The director shall notify the licensee by letter	66623
of the initiation of the proceedings. The letter shall list the	66624
deficiencies of the residential facility and inform the licensee	66625
that no plan of correction will be accepted. The director shall	66626
also send a copy of the letter to the county board of	66627
developmental disabilities. The county board shall send a copy of	66628
the letter to each of the following:	66629

(a) Each resident who receives services from the licensee;

66630

(b) The guardian of each resident who receives services from	66631
the licensee if the resident has a guardian;	66632

(c) The parent or guardian of each resident who receives	66633
services from the licensee if the resident is a minor.	66634

(7) Pursuant to rules which shall be adopted in accordance	66635
with Chapter 119. of the Revised Code, the director may order the	66636
immediate removal of residents from a residential facility	66637
whenever conditions at the facility present an immediate danger of	66638
physical or psychological harm to the residents.	66639

(8) In determining whether a residential facility is being	66640
operated in compliance with a provision of this chapter that	66641
applies to residential facilities or the rules adopted under such	66642
a provision, or whether conditions at a residential facility	66643
present an immediate danger of physical or psychological harm to	66644
the residents, the director may rely on information obtained by a	66645
county board of developmental disabilities or other governmental	66646
agencies.	66647

(9) In proceedings initiated to deny, refuse to renew, or	66648
revoke licenses, the director may deny, refuse to renew, or revoke	66649
a license regardless of whether some or all of the deficiencies	66650
that prompted the proceedings have been corrected at the time of	66651
the hearing.	66652

(E) The director shall establish a program under which public	66653
notification may be made when the director has initiated license	66654
revocation proceedings or has issued an order for the suspension	66655
of admissions, placement of a monitor, or removal of residents.	66656
The director shall adopt rules in accordance with Chapter 119. of	66657
the Revised Code to implement this division. The rules shall	66658
establish the procedures by which the public notification will be	66659
made and specify the circumstances for which the notification must	66660
be made. The rules shall require that public notification be made	66661
if the director has taken action against the facility in the	66662
eighteen-month period immediately preceding the director's latest	66663
action against the facility and the latest action is being taken	66664
for the same or a substantially similar violation of a provision	66665
of this chapter that applies to residential facilities or the	66666
rules adopted under such a provision. The rules shall specify a	66667
method for removing or amending the public notification if the	66668
director's action is found to have been unjustified or the	66669
violation at the residential facility has been corrected.	66670

(F)(1) Except as provided in division (F)(2) of this section,	66671
appeals from proceedings initiated to impose a sanction under	66672
division (D) of this section shall be conducted in accordance with	66673
Chapter 119. of the Revised Code.	66674

(2) Appeals from proceedings initiated to order the	66675
suspension of admissions to a facility shall be conducted in	66676
accordance with Chapter 119. of the Revised Code, unless the order	66677
was issued before providing an opportunity for an adjudication, in	66678
which case all of the following apply:	66679

(a) The licensee may request a hearing not later than ten	66680
days after receiving the notice specified in section 119.07 of the	66681
Revised Code.	66682

(b) If a timely request for a hearing that includes the	66683
licensee's current address is made, the hearing shall commence not	66684
later than thirty days after the department receives the request.	66685

(c) After commencing, the hearing shall continue	66686
uninterrupted, except for Saturdays, Sundays, and legal holidays,	66687
unless other interruptions are agreed to by the licensee and the	66688
director.	66689

(d) If the hearing is conducted by a hearing examiner, the	66690
hearing examiner shall file a report and recommendations not later	66691
than ten days after the last of the following:	66692

(i) The close of the hearing;

66693

(ii) If a transcript of the proceedings is ordered, the	66694
hearing examiner receives the transcript;	66695

(iii) If post-hearing briefs are timely filed, the hearing	66696
examiner receives the briefs.	66697

(e) A copy of the written report and recommendation of the	66698
hearing examiner shall be sent, by certified mail, to the licensee	66699
and the licensee's attorney, if applicable, not later than five	66700
days after the report is filed.	66701

(f) Not later than five days after the hearing examiner files	66702
the report and recommendations, the licensee may file objections	66703
to the report and recommendations.	66704

(g) Not later than fifteen days after the hearing examiner	66705
files the report and recommendations, the director shall issue an	66706
order approving, modifying, or disapproving the report and	66707
recommendations.	66708

(h) Notwithstanding the pendency of the hearing, the director	66709
shall lift the order for the suspension of admissions when the	66710
director determines that the violation that formed the basis for	66711
the order has been corrected.	66712

(G) Neither a person or government agency whose application	66713
for a license to operate a residential facility is denied nor a	66714
related party of the person or government agency may apply for a	66715
license to operate a residential facility before the date that is	66716
one year after the date of the denial. Neither a licensee whose	66717
residential facility license is revoked nor a related party of the	66718
licensee may apply for a residential facility license before the	66719
date that is five years after the date of the revocation.	66720

(H) In accordance with Chapter 119. of the Revised Code, the	66721
director shall adopt and may amend and rescind rules for licensing	66722
and regulating the operation of residential facilities~~, including~~	66723
~~intermediate care facilities for the mentally retarded~~. The rules	66724
for residential facilities that are intermediate care facilities	66725
for the mentally retarded may differ from those for other	66726
residential facilities. The rules shall establish and specify the	66727
following:	66728

(1) Procedures and criteria for issuing and renewing	66729
licenses, including procedures and criteria for determining the	66730
length of the licensing period that the director must specify for	66731
each license when it is issued or renewed;	66732

(2) Procedures and criteria for denying, refusing to renew,	66733
terminating, and revoking licenses and for ordering the suspension	66734
of admissions to a facility, placement of a monitor at a facility,	66735
and the immediate removal of residents from a facility;	66736

(3) Fees for issuing and renewing licenses, which shall be	66737
deposited into the program fee fund created under section 5123.033	66738
of the Revised Code;	66739

(4) Procedures for surveying residential facilities;

66740

(5) Requirements for the training of residential facility	66741
personnel;	66742

(6) Classifications for the various types of residential	66743
facilities;	66744

(7) Certification procedures for licensees and management	66745
contractors that the director determines are necessary to ensure	66746
that they have the skills and qualifications to properly operate	66747
or manage residential facilities;	66748

(8) The maximum number of persons who may be served in a	66749
particular type of residential facility;	66750

(9) Uniform procedures for admission of persons to and	66751
transfers and discharges of persons from residential facilities;	66752

(10) Other standards for the operation of residential	66753
facilities and the services provided at residential facilities;	66754

(11) Procedures for waiving any provision of any rule adopted	66755
under this section.	66756

(I) Before issuing a license, the director of the department	66757
or the director's designee shall conduct a survey of the	66758
residential facility for which application is made. The director	66759
or the director's designee shall conduct a survey of each licensed	66760
residential facility at least once during the period the license	66761
is valid and may conduct additional inspections as needed. A	66762
survey includes but is not limited to an on-site examination and	66763
evaluation of the residential facility, its personnel, and the	66764
services provided there.	66765

In conducting surveys, the director or the director's	66766
designee shall be given access to the residential facility; all	66767
records, accounts, and any other documents related to the	66768
operation of the facility; the licensee; the residents of the	66769
facility; and all persons acting on behalf of, under the control	66770
of, or in connection with the licensee. The licensee and all	66771
persons on behalf of, under the control of, or in connection with	66772
the licensee shall cooperate with the director or the director's	66773
designee in conducting the survey.	66774

Following each survey, unless the director initiates a	66775
license revocation proceeding, the director or the director's	66776
designee shall provide the licensee with a report listing any	66777
deficiencies, specifying a timetable within which the licensee	66778
shall submit a plan of correction describing how the deficiencies	66779
will be corrected, and, when appropriate, specifying a timetable	66780
within which the licensee must correct the deficiencies. After a	66781
plan of correction is submitted, the director or the director's	66782
designee shall approve or disapprove the plan. A copy of the	66783
report and any approved plan of correction shall be provided to	66784
any person who requests it.	66785

The director shall initiate disciplinary action against any	66786
department employee who notifies or causes the notification to any	66787
unauthorized person of an unannounced survey of a residential	66788
facility by an authorized representative of the department.	66789

(J) In addition to any other information which may be	66790
required of applicants for a license pursuant to this section, the	66791
director shall require each applicant to provide a copy of an	66792
approved plan for a proposed residential facility pursuant to	66793
section 5123.042 of the Revised Code. This division does not apply	66794
to renewal of a license or to an applicant for an initial or	66795
modified license who meets the requirements of section ~~5123.193 or~~	66796
5123.197 of the Revised Code.	66797

(K) A licensee shall notify the owner of the building in	66798
which the licensee's residential facility is located of any	66799
significant change in the identity of the licensee or management	66800
contractor before the effective date of the change if the licensee	66801
is not the owner of the building.	66802

Pursuant to rules which shall be adopted in accordance with	66803
Chapter 119. of the Revised Code, the director may require	66804
notification to the department of any significant change in the	66805
ownership of a residential facility or in the identity of the	66806
licensee or management contractor. If the director determines that	66807
a significant change of ownership is proposed, the director shall	66808
consider the proposed change to be an application for development	66809
by a new operator pursuant to section 5123.042 of the Revised Code	66810
and shall advise the applicant within sixty days of the	66811
notification that the current license shall continue in effect or	66812
a new license will be required pursuant to this section. If the	66813
director requires a new license, the director shall permit the	66814
facility to continue to operate under the current license until	66815
the new license is issued, unless the current license is revoked,	66816
refused to be renewed, or terminated in accordance with Chapter	66817
119. of the Revised Code.	66818

(L) A county board of developmental disabilities, the legal	66819
rights service, and any interested person may file complaints	66820
alleging violations of statute or department rule relating to	66821
residential facilities with the department. All complaints shall	66822
be in writing and shall state the facts constituting the basis of	66823
the allegation. The department shall not reveal the source of any	66824
complaint unless the complainant agrees in writing to waive the	66825
right to confidentiality or until so ordered by a court of	66826
competent jurisdiction.	66827

The department shall adopt rules in accordance with Chapter	66828
119. of the Revised Code establishing procedures for the receipt,	66829
referral, investigation, and disposition of complaints filed with	66830
the department under this division.	66831

(M) The department shall establish procedures for the	66832
notification of interested parties of the transfer or interim care	66833
of residents from residential facilities that are closing or are	66834
losing their license.	66835

(N) Before issuing a license under this section to a	66836
residential facility that will accommodate at any time more than	66837
one mentally retarded or developmentally disabled individual, the	66838
director shall, by first class mail, notify the following:	66839

(1) If the facility will be located in a municipal	66840
corporation, the clerk of the legislative authority of the	66841
municipal corporation;	66842

(2) If the facility will be located in unincorporated	66843
territory, the clerk of the appropriate board of county	66844
commissioners and the fiscal officer of the appropriate board of	66845
township trustees.	66846

The director shall not issue the license for ten days after	66847
mailing the notice, excluding Saturdays, Sundays, and legal	66848
holidays, in order to give the notified local officials time in	66849
which to comment on the proposed issuance.	66850

Any legislative authority of a municipal corporation, board	66851
of county commissioners, or board of township trustees that	66852
receives notice under this division of the proposed issuance of a	66853
license for a residential facility may comment on it in writing to	66854
the director within ten days after the director mailed the notice,	66855
excluding Saturdays, Sundays, and legal holidays. If the director	66856
receives written comments from any notified officials within the	66857
specified time, the director shall make written findings	66858
concerning the comments and the director's decision on the	66859
issuance of the license. If the director does not receive written	66860
comments from any notified local officials within the specified	66861
time, the director shall continue the process for issuance of the	66862
license.	66863

(O) Any person may operate a licensed residential facility	66864
that provides room and board, personal care, habilitation	66865
services, and supervision in a family setting for at least six but	66866
not more than eight persons with mental retardation or a	66867
developmental disability as a permitted use in any residential	66868
district or zone, including any single-family residential district	66869
or zone, of any political subdivision. These residential	66870
facilities may be required to comply with area, height, yard, and	66871
architectural compatibility requirements that are uniformly	66872
imposed upon all single-family residences within the district or	66873
zone.	66874

(P) Any person may operate a licensed residential facility	66875
that provides room and board, personal care, habilitation	66876
services, and supervision in a family setting for at least nine	66877
but not more than sixteen persons with mental retardation or a	66878
developmental disability as a permitted use in any multiple-family	66879
residential district or zone of any political subdivision, except	66880
that a political subdivision that has enacted a zoning ordinance	66881
or resolution establishing planned unit development districts may	66882
exclude these residential facilities from those districts, and a	66883
political subdivision that has enacted a zoning ordinance or	66884
resolution may regulate these residential facilities in	66885
multiple-family residential districts or zones as a conditionally	66886
permitted use or special exception, in either case, under	66887
reasonable and specific standards and conditions set out in the	66888
zoning ordinance or resolution to:	66889

(1) Require the architectural design and site layout of the	66890
residential facility and the location, nature, and height of any	66891
walls, screens, and fences to be compatible with adjoining land	66892
uses and the residential character of the neighborhood;	66893

(2) Require compliance with yard, parking, and sign	66894
regulation;	66895

(3) Limit excessive concentration of these residential	66896
facilities.	66897

(Q) This section does not prohibit a political subdivision	66898
from applying to residential facilities nondiscriminatory	66899
regulations requiring compliance with health, fire, and safety	66900
regulations and building standards and regulations.	66901

(R) Divisions (O) and (P) of this section are not applicable	66902
to municipal corporations that had in effect on June 15, 1977, an	66903
ordinance specifically permitting in residential zones licensed	66904
residential facilities by means of permitted uses, conditional	66905
uses, or special exception, so long as such ordinance remains in	66906
effect without any substantive modification.	66907

(S)(1) The director may issue an interim license to operate a	66908
residential facility to an applicant for a license under this	66909
section if either of the following is the case:	66910

(a) The director determines that an emergency exists	66911
requiring immediate placement of persons in a residential	66912
facility, that insufficient licensed beds are available, and that	66913
the residential facility is likely to receive a permanent license	66914
under this section within thirty days after issuance of the	66915
interim license.	66916

(b) The director determines that the issuance of an interim	66917
license is necessary to meet a temporary need for a residential	66918
facility.	66919

(2) To be eligible to receive an interim license, an	66920
applicant must meet the same criteria that must be met to receive	66921
a permanent license under this section, except for any differing	66922
procedures and time frames that may apply to issuance of a	66923
permanent license.	66924

(3) An interim license shall be valid for thirty days and may	66925
be renewed by the director for a period not to exceed one hundred	66926
fifty days.	66927

(4) The director shall adopt rules in accordance with Chapter	66928
119. of the Revised Code as the director considers necessary to	66929
administer the issuance of interim licenses.	66930

(T) Notwithstanding rules adopted pursuant to this section	66931
establishing the maximum number of persons who may be served in a	66932
particular type of residential facility, a residential facility	66933
shall be permitted to serve the same number of persons being	66934
served by the facility on the effective date of the rules or the	66935
number of persons for which the facility is authorized pursuant to	66936
a current application for a certificate of need with a letter of	66937
support from the department of developmental disabilities and	66938
which is in the review process prior to April 4, 1986.	66939

(U) The director or the director's designee may enter at any	66940
time, for purposes of investigation, any home, facility, or other	66941
structure that has been reported to the director or that the	66942
director has reasonable cause to believe is being operated as a	66943
residential facility without a license issued under this section.	66944

The director may petition the court of common pleas of the	66945
county in which an unlicensed residential facility is located for	66946
an order enjoining the person or governmental agency operating the	66947
facility from continuing to operate without a license. The court	66948
may grant the injunction on a showing that the person or	66949
governmental agency named in the petition is operating a	66950
residential facility without a license. The court may grant the	66951
injunction, regardless of whether the residential facility meets	66952
the requirements for receiving a license under this section.	66953

Sec. 5123.192. (A) A person or government agency operating,	66954
on the effective date of this section, an intermediate care	66955
facility for the mentally retarded pursuant to a nursing home	66956
license issued under Chapter 3721. of the Revised Code shall do	66957
both of the following as a condition of continuing to operate the	66958
facility on and after July 1, 2013:	66959

(1) Not later than February 1, 2013, apply to the director of	66960
developmental disabilities for a residential facility license	66961
under section 5123.19 of the Revised Code for the facility;	66962

(2) Not later than July 1, 2013, obtain the residential	66963
facility license for the facility.	66964

(B) The nursing home license of an intermediate care facility	66965
for the mentally retarded shall cease to be valid at the earliest	66966
of the following:	66967

(1) The date that the facility's nursing home license is	66968
revoked or voided under section 3721.07 of the Revised Code;	66969

(2) The date that a residential facility license is obtained	66970
for the facility under section 5123.19 of the Revised Code;	66971

(3) July 1, 2013.

66972

(C) No bed that is part of an intermediate care facility for	66973
the mentally retarded that is licensed as a nursing home on the	66974
effective date of this section may be used as part of a nursing	66975
home on and after the earlier of the following:	66976

(1) The date that a residential facility license is obtained	66977
for the facility under section 5123.19 of the Revised Code;	66978

(2) July 1, 2013.

66979

Sec. 5123.31. (A) The department of developmental	66980
disabilities shall keep ~~in its office, accessible only to its~~	66981
~~employees, except by the consent of the department or the order of~~	66982
~~the judge of a court of record,~~ a record showing the name,	66983
residence, sex, age, nativity, occupation, condition, and date of	66984
entrance or commitment of every resident in the institutions	66985
governed by it, the date, cause, and terms of discharge and the	66986
condition of such person at the time of leaving, and also a record	66987
of all transfers from one institution to another, and, if such	66988
person dies while in the care or custody of the department, the	66989
date and cause of death. These and such other facts as the	66990
department requires shall be furnished by the managing officer of	66991
each institution within ten days after the commitment, entrance,	66992
death, or discharge of a resident.	66993

Except as provided in division (C) of this section, the	66994
department shall maintain the records described in this division	66995
in its office. The department shall make the records accessible	66996
only to its employees, except by the consent of the department or	66997
the order of the judge of a court of record.	66998

(B) In case of an accident or injury or peculiar death of a	66999
an institution resident the managing officer shall make a special	67000
report to the department within twenty-four hours thereafter,	67001
giving the circumstances as fully as possible.	67002

(C) After a period of time determined by the department, the	67003
records described in division (A) of this section may be deposited	67004
with the Ohio historical society. Neither the records nor the	67005
information contained in them shall be disclosed by the historical	67006
society, except as provided in section 5123.89 of the Revised	67007
Code.	67008

Sec. 5123.38. (A) Except as provided in division (B) ~~and (C)~~	67009
of this section, if an individual receiving supported living or	67010
home and community-based services funded by a county board of	67011
developmental disabilities is committed to a state-operated	67012
intermediate care facility for the mentally retarded pursuant to	67013
sections 5123.71 to 5123.76 of the Revised Code, ~~the department of~~	67014
~~developmental disabilities shall use the funds otherwise allocated~~	67015
to the county board asis responsible for the nonfederal share of	67016
medicaid expenditures for the individual's care in the	67017
state-operated facility. The department of developmental	67018
disabilities shall collect the amount of the nonfederal share from	67019
the county board by either withholding that amount from funds the	67020
department has otherwise allocated to the county board or	67021
submitting an invoice for payment of that amount to the county	67022
board.	67023

(B) Division (A) of this section does not apply ~~if the~~under	67024
any of the following circumstances:	67025

(1) The county board, not later than ninety days after the	67026
date of the commitment of a person receiving supported ~~services~~	67027
living, commences funding of supported living for an individual	67028
who resides in a state-operated intermediate care facility for the	67029
mentally retarded on the date of the commitment or another	67030
eligible individual designated by the department.	67031

~~(C) Division (A) of this section does not apply if the~~(2)	67032
The county board, not later than ninety days after the date of the	67033
commitment of a person receiving home and community-based	67034
services, commences funding of home and community-based services	67035
for an individual who resides in a state-operated intermediate	67036
care facility for the mentally retarded on the date of the	67037
commitment or another eligible individual designated by the	67038
department.	67039

(3) The director of developmental disabilities, after	67040
determining that circumstances warrant granting a waiver in an	67041
individual's case, grants the county board a waiver that exempts	67042
the county board from responsibility for the nonfederal share for	67043
that case.	67044

Sec. 5123.41. As used in this section and sections 5123.42	67045
to 5123.47 of the Revised Code:	67046

(A) "Adult services" has the same meaning as in section	67047
5126.01 of the Revised Code.	67048

(B) "Certified supported living provider" means a person or	67049
government entity certified under section 5123.161 of the Revised	67050
Code.	67051

(C) "Drug" has the same meaning as in section 4729.01 of the	67052
Revised Code.	67053

(D) "Family support services" has the same meaning as in	67054
section 5126.01 of the Revised Code.	67055

(E) "Health-related activities" means the following:

67056

(1) Taking vital signs;

67057

(2) Application of clean dressings that do not require health	67058
assessment;	67059

(3) Basic measurement of bodily intake and output;

67060

(4) Oral suctioning;

67061

(5) Use of glucometers;

67062

(6) External urinary catheter care;

67063

(7) Emptying and replacing colostomy bags;

67064

(8) Collection of specimens by noninvasive means.

67065

(F) "Licensed health professional authorized to prescribe	67066
drugs" has the same meaning as in section 4729.01 of the Revised	67067
Code.	67068

(G) "MR/DD personnel" means the employees and the workers	67069
under contract who provide specialized services to individuals	67070
with mental retardation and developmental disabilities. "MR/DD	67071
personnel" includes those who provide the services as follows:	67072

(1) Through direct employment with the department of	67073
developmental disabilities or a county board of developmental	67074
disabilities;	67075

(2) Through an entity under contract with the department of	67076
developmental disabilities or a county board of developmental	67077
disabilities;	67078

(3) Through direct employment or by being under contract with	67079
private entities, including private entities that operate	67080
residential facilities.	67081

(H) "Nursing delegation" means the process established in	67082
rules adopted by the board of nursing pursuant to Chapter 4723. of	67083
the Revised Code under which a registered nurse or licensed	67084
practical nurse acting at the direction of a registered nurse	67085
transfers the performance of a particular nursing activity or task	67086
to another person who is not otherwise authorized to perform the	67087
activity or task.	67088

(I) "Prescribed medication" means a drug that is to be	67089
administered according to the instructions of a licensed health	67090
professional authorized to prescribe drugs.	67091

(J) "Residential facility" means a facility licensed under	67092
section 5123.19 of the Revised Code ~~or subject to section 5123.192~~	67093
~~of the Revised Code~~.	67094

(K) "Specialized services" has the same meaning as in section	67095
5123.50 of the Revised Code.	67096

(L) "Tube feeding" means the provision of nutrition to an	67097
individual through a gastrostomy tube or a jejunostomy tube.	67098

Sec. 5123.50. As used in ~~this section and~~ sections ~~5123.51,~~	67099
~~5123.52, and 5123.541~~5123.50 to 5123.542 of the Revised Code:	67100

(A) "Abuse" means all of the following:

67101

(1) The use of physical force that can reasonably be expected	67102
to result in physical harm or serious physical harm;	67103

(2) Sexual abuse;

67104

(3) Verbal abuse.

67105

(B) "Misappropriation" means depriving, defrauding, or	67106
otherwise obtaining the real or personal property of an individual	67107
by any means prohibited by the Revised Code, including violations	67108
of Chapter 2911. or 2913. of the Revised Code.	67109

67110

(1) An employee of the department of developmental	67111
disabilities;	67112

(2) An employee of a county board of developmental	67113
disabilities;	67114

(3) An employee in a position that includes providing	67115
specialized services to an individual with mental retardation or	67116
another developmental disability;	67117

(4) An independent provider as defined in section 5123.16 of	67118
the Revised Code.	67119

(D) "Neglect" means, when there is a duty to do so, failing	67120
to provide an individual with any treatment, care, goods, or	67121
services that are necessary to maintain the health and safety of	67122
the individual.	67123

(E) "Offense of violence" has the same meaning as in section	67124
2901.01 of the Revised Code.	67125

(F) "Physical harm" and "serious physical harm" have the same	67126
meanings as in section 2901.01 of the Revised Code.	67127

~~(F)~~(G) "Prescribed medication" has the same meaning as in	67128
section 5123.41 of the Revised Code.	67129

(H) "Sexual abuse" means unlawful sexual conduct or sexual	67130
contact.	67131

~~(G)~~(I) "Specialized services" means any program or service	67132
designed and operated to serve primarily individuals with mental	67133
retardation or a developmental disability, including a program or	67134
service provided by an entity licensed or certified by the	67135
department of developmental disabilities. A program or service	67136
available to the general public is not a specialized service.	67137

~~(H)~~(J) "Verbal abuse" means purposely using words to	67138
threaten, coerce, intimidate, harass, or humiliate an individual.	67139

~~(I)~~(K) "Sexual conduct," "sexual contact," and "spouse" have	67140
the same meanings as in section 2907.01 of the Revised Code.	67141

Sec. 5123.51. (A) In addition to any other action required	67142
by sections 5123.61 and 5126.31 of the Revised Code, the	67143
department of developmental disabilities shall review each report	67144
the department receives of abuse or neglect of an individual with	67145
mental retardation or a developmental disability or	67146
misappropriation of an individual's property that includes an	67147
allegation that an MR/DD employee committed or was responsible for	67148
the abuse, neglect, or misappropriation. The department shall	67149
review a report it receives from a public children services agency	67150
only after the agency completes its investigation pursuant to	67151
section 2151.421 of the Revised Code. On receipt of a notice under	67152
section 2930.061 or 5123.541 of the Revised Code, the department	67153
shall review the notice.	67154

(B) The department shall do both of the following:

67155

(1) Investigate the allegation or adopt the findings of an	67156
investigation or review of the allegation conducted by another	67157
person or government entity and determine whether there is a	67158
reasonable basis for the allegation;	67159

(2) If the department determines that there is a reasonable	67160
basis for the allegation, conduct an adjudication pursuant to	67161
Chapter 119. of the Revised Code.	67162

(C)(1) The department shall appoint an independent hearing	67163
officer to conduct any hearing conducted pursuant to division	67164
(B)(2) of this section, except that, if the hearing is regarding	67165
an employee of the department who is represented by a union, the	67166
department and a representative of the union shall jointly select	67167
the hearing officer.	67168

(2)(a) Except as provided in division (C)(2)(b) of this	67169
section, no hearing shall be conducted under division (B)(2) of	67170
this section until any criminal proceeding or collective	67171
bargaining arbitration concerning the same allegation has	67172
concluded.	67173

(b) The department may conduct a hearing pursuant to division	67174
(B)(2) of this section before a criminal proceeding concerning the	67175
same allegation is concluded if both of the following are the	67176
case:	67177

(i) The department notifies the prosecutor responsible for	67178
the criminal proceeding that the department proposes to conduct a	67179
hearing.	67180

(ii) The prosecutor consents to the hearing.

67181

(3) In conducting a hearing pursuant to division (B)(2) of	67182
this section, the hearing officer shall do all of the following:	67183

(a) Determine whether there is clear and convincing evidence	67184
that the MR/DD employee has done any of the following:	67185

(i) Misappropriated property of one or more individuals with	67186
mental retardation or a developmental disability that has a value,	67187
either separately or taken together, of one hundred dollars or	67188
more;	67189

(ii) Misappropriated property of an individual with mental	67190
retardation or a developmental disability that is designed to be	67191
used as a check, draft, negotiable instrument, credit card, charge	67192
card, or device for initiating an electronic fund transfer at a	67193
point of sale terminal, automated teller machine, or cash	67194
dispensing machine;	67195

(iii) Misappropriated prescribed medication of an individual	67196
with mental retardation or a developmental disability;	67197

(iv) Knowingly abused such an individual;

67198

~~(iv)~~(v) Recklessly abused or neglected such an individual,	67199
with resulting physical harm;	67200

~~(v)~~(vi) Negligently abused or neglected such an individual,	67201
with resulting serious physical harm;	67202

~~(vi)~~(vii) Recklessly neglected such an individual, creating a	67203
substantial risk of serious physical harm;	67204

~~(vii)~~(viii) Engaged in sexual conduct or had sexual contact	67205
with an individual with mental retardation or another	67206
developmental disability who was not the MR/DD employee's spouse	67207
and for whom the MR/DD employee was employed or under a contract	67208
to provide care;	67209

~~(viii)~~(ix) Unreasonably failed to make a report pursuant to	67210
division (C) of section 5123.61 of the Revised Code when the	67211
employee knew or should have known that the failure would result	67212
in a substantial risk of harm to an individual with mental	67213
retardation or a developmental disability;	67214

(x) Been convicted of or entered a plea of guilty to any of	67215
the following if the victim of the offense is an individual with	67216
mental retardation or a developmental disability: an offense of	67217
violence, a violation of a section contained in Chapter 2907. or	67218
Chapter 2913. of the Revised Code, or a violation of section	67219
2903.16, 2903.34, 2903.341, or 2919.22 of the Revised Code.	67220

(b) Give weight to the decision in any collective bargaining	67221
arbitration regarding the same allegation;	67222

(c) Give weight to any relevant facts presented at the	67223
hearing.	67224

(D)(1) Unless the director of developmental disabilities	67225
determines that there are extenuating circumstances and except as	67226
provided in division (E) of this section, if the director, after	67227
considering all of the factors listed in division (C)(3) of this	67228
section, finds that there is clear and convincing evidence that an	67229
MR/DD employee has done one or more of the things described in	67230
division (C)(3)(a) of this section the director shall include the	67231
name of the employee in the registry established under section	67232
5123.52 of the Revised Code.	67233

(2) Extenuating circumstances the director must consider	67234
include the use of physical force by an MR/DD employee that was	67235
necessary as self-defense.	67236

(3) If the director includes an MR/DD employee in the	67237
registry established under section 5123.52 of the Revised Code,	67238
the director shall notify the employee, the person or government	67239
entity that employs or contracts with the employee, the individual	67240
with mental retardation or a developmental disability who was the	67241
subject of the report and that individual's legal guardian, if	67242
any, the attorney general, and the prosecuting attorney or other	67243
law enforcement agency. If the MR/DD employee holds a license,	67244
certificate, registration, or other authorization to engage in a	67245
profession issued pursuant to Title XLVII of the Revised Code, the	67246
director shall notify the appropriate agency, board, department,	67247
or other entity responsible for regulating the employee's	67248
professional practice.	67249

(4) If an individual whose name appears on the registry is	67250
involved in a court proceeding or arbitration arising from the	67251
same facts as the allegation resulting in the individual's	67252
placement on the registry, the disposition of the proceeding or	67253
arbitration shall be noted in the registry next to the	67254
individual's name.	67255

(E) In the case of an allegation concerning an employee of	67256
the department, after the hearing conducted pursuant to division	67257
(B)(2) of this section, the director of health or that director's	67258
designee shall review the decision of the hearing officer to	67259
determine whether the standard described in division (C)(3) of	67260
this section has been met. If the director or designee determines	67261
that the standard has been met and that no extenuating	67262
circumstances exist, the director or designee shall notify the	67263
director of developmental disabilities that the MR/DD employee is	67264
to be included in the registry established under section 5123.52	67265
of the Revised Code. If the director of developmental disabilities	67266
receives such notification, the director shall include the MR/DD	67267
employee in the registry and shall provide the notification	67268
described in division (D)(3) of this section.	67269

(F) If the department is required by Chapter 119. of the	67270
Revised Code to give notice of an opportunity for a hearing and	67271
the MR/DD employee subject to the notice does not timely request a	67272
hearing in accordance with section 119.07 or 5123.0414 of the	67273
Revised Code, the department is not required to hold a hearing.	67274

(G) Files and records of investigations conducted pursuant to	67275
this section are not public records as defined in section 149.43	67276
of the Revised Code, but, on request, the department shall provide	67277
copies of those files and records to the attorney general, a	67278
prosecuting attorney, or a law enforcement agency.	67279

Sec. 5123.542. (A) Each of the following shall annually	67280
provide a written notice to each of its MR/DD employees explaining	67281
the conduct for which an MR/DD employee may be included in the	67282
registry established under section 5123.52 of the Revised Code:	67283

(1) The department of developmental disabilities;

67284

(2) Each county board of developmental disabilities;

67285

(3) Each ~~contracting entity~~provider and subcontractor, as	67286
defined in section ~~5126.281~~5123.081 of the Revised Code;	67287

(4) Each owner, operator, or administrator of a residential	67288
facility, as defined in section 5123.19 of the Revised Code;	67289

(5) Each owner, operator, or administrator of a program	67290
certified by the department to provide supported living.	67291

(B) The department of developmental disabilities or a county	67292
board of developmental disabilities shall provide the notice	67293
required by division (A) of this section to an MR/DD employee who	67294
is an independent provider as defined in section 5123.16 of the	67295
Revised Code.	67296

(C) The notice described in division (A) of this section	67297
shall be in a form and provided in a manner prescribed by the	67298
department of developmental disabilities. The form shall be the	67299
same for all persons and entities required to provide notice under	67300
division (A) of this section.	67301

(C) The fact that an MR/DD employee does not receive the	67302
notice required by this section does not exempt the employee from	67303
inclusion in the registry established under section 5123.52 of the	67304
Revised Code.	67305

Sec. 5123.61. (A) As used in this section:

67306

(1) "Law enforcement agency" means the state highway patrol,	67307
the police department of a municipal corporation, or a county	67308
sheriff.	67309

(2) "Abuse" has the same meaning as in section 5123.50 of the	67310
Revised Code, except that it includes a misappropriation, as	67311
defined in that section.	67312

(3) "Neglect" has the same meaning as in section 5123.50 of	67313
the Revised Code.	67314

(B) The department of developmental disabilities shall	67315
establish a registry office for the purpose of maintaining reports	67316
of abuse, neglect, and other major unusual incidents made to the	67317
department under this section and reports received from county	67318
boards of developmental disabilities under section 5126.31 of the	67319
Revised Code. The department shall establish committees to review	67320
reports of abuse, neglect, and other major unusual incidents.	67321

(C)(1) Any person listed in division (C)(2) of this section,	67322
having reason to believe that a person with mental retardation or	67323
a developmental disability has suffered or faces a substantial	67324
risk of suffering any wound, injury, disability, or condition of	67325
such a nature as to reasonably indicate abuse or neglect of that	67326
person, shall immediately report or cause reports to be made of	67327
such information to the entity specified in this division. Except	67328
as provided in section 5120.173 of the Revised Code or as	67329
otherwise provided in this division, the person making the report	67330
shall make it to a law enforcement agency or to the county board	67331
of developmental disabilities. If the report concerns a resident	67332
of a facility operated by the department of developmental	67333
disabilities the report shall be made either to a law enforcement	67334
agency or to the department. If the report concerns any act or	67335
omission of an employee of a county board of developmental	67336
disabilities, the report immediately shall be made to the	67337
department and to the county board.	67338

(2) All of the following persons are required to make a	67339
report under division (C)(1) of this section:	67340

(a) Any physician, including a hospital intern or resident,	67341
any dentist, podiatrist, chiropractor, practitioner of a limited	67342
branch of medicine as specified in section 4731.15 of the Revised	67343
Code, hospital administrator or employee of a hospital, nurse	67344
licensed under Chapter 4723. of the Revised Code, employee of an	67345
ambulatory health facility as defined in section 5101.61 of the	67346
Revised Code, employee of a home health agency, employee of an	67347
~~adult care~~residential facility licensed under ~~Chapter 3722.~~	67348
section 5119.22 of the Revised Code that provides accommodations,	67349
supervision, and personal care services for three to sixteen	67350
unrelated adults, or employee of a community mental health	67351
facility;	67352

(b) Any school teacher or school authority, social worker,	67353
psychologist, attorney, peace officer, coroner, or residents'	67354
rights advocate as defined in section 3721.10 of the Revised Code;	67355

(c) A superintendent, board member, or employee of a county	67356
board of developmental disabilities; an administrator, board	67357
member, or employee of a residential facility licensed under	67358
section 5123.19 of the Revised Code; an administrator, board	67359
member, or employee of any other public or private provider of	67360
services to a person with mental retardation or a developmental	67361
disability, or any MR/DD employee, as defined in section 5123.50	67362
of the Revised Code;	67363

(d) A member of a citizen's advisory council established at	67364
an institution or branch institution of the department of	67365
developmental disabilities under section 5123.092 of the Revised	67366
Code;	67367

(e) A ~~clergyman~~member of the clergy who is employed in a	67368
position that includes providing specialized services to an	67369
individual with mental retardation or another developmental	67370
disability, while acting in an official or professional capacity	67371
in that position, or a person who is employed in a position that	67372
includes providing specialized services to an individual with	67373
mental retardation or another developmental disability and who,	67374
while acting in an official or professional capacity, renders	67375
spiritual treatment through prayer in accordance with the tenets	67376
of an organized religion.	67377

(3)(a) The reporting requirements of this division do not	67378
apply to members of the legal rights service commission or to	67379
employees of the legal rights service.	67380

(b) An attorney or physician is not required to make a report	67381
pursuant to division (C)(1) of this section concerning any	67382
communication the attorney or physician receives from a client or	67383
patient in an attorney-client or physician-patient relationship,	67384
if, in accordance with division (A) or (B) of section 2317.02 of	67385
the Revised Code, the attorney or physician could not testify with	67386
respect to that communication in a civil or criminal proceeding,	67387
except that the client or patient is deemed to have waived any	67388
testimonial privilege under division (A) or (B) of section 2317.02	67389
of the Revised Code with respect to that communication and the	67390
attorney or physician shall make a report pursuant to division	67391
(C)(1) of this section, if both of the following apply:	67392

(i) The client or patient, at the time of the communication,	67393
is a person with mental retardation or a developmental disability.	67394

(ii) The attorney or physician knows or suspects, as a result	67395
of the communication or any observations made during that	67396
communication, that the client or patient has suffered or faces a	67397
substantial risk of suffering any wound, injury, disability, or	67398
condition of a nature that reasonably indicates abuse or neglect	67399
of the client or patient.	67400

(4) Any person who fails to make a report required under	67401
division (C) of this section and who is an MR/DD employee, as	67402
defined in section 5123.50 of the Revised Code, shall be eligible	67403
to be included in the registry regarding misappropriation, abuse,	67404
neglect, or other specified misconduct by MR/DD employees	67405
established under section 5123.52 of the Revised Code.	67406

(D) The reports required under division (C) of this section	67407
shall be made forthwith by telephone or in person and shall be	67408
followed by a written report. The reports shall contain the	67409
following:	67410

(1) The names and addresses of the person with mental	67411
retardation or a developmental disability and the person's	67412
custodian, if known;	67413

(2) The age of the person with mental retardation or a	67414
developmental disability;	67415

(3) Any other information that would assist in the	67416
investigation of the report.	67417

(E) When a physician performing services as a member of the	67418
staff of a hospital or similar institution has reason to believe	67419
that a person with mental retardation or a developmental	67420
disability has suffered injury, abuse, or physical neglect, the	67421
physician shall notify the person in charge of the institution or	67422
that person's designated delegate, who shall make the necessary	67423
reports.	67424

(F) Any person having reasonable cause to believe that a	67425
person with mental retardation or a developmental disability has	67426
suffered or faces a substantial risk of suffering abuse or neglect	67427
may report or cause a report to be made of that belief to the	67428
entity specified in this division. Except as provided in section	67429
5120.173 of the Revised Code or as otherwise provided in this	67430
division, the person making the report shall make it to a law	67431
enforcement agency or the county board of developmental	67432
disabilities. If the person is a resident of a facility operated	67433
by the department of developmental disabilities, the report shall	67434
be made to a law enforcement agency or to the department. If the	67435
report concerns any act or omission of an employee of a county	67436
board of developmental disabilities, the report immediately shall	67437
be made to the department and to the county board.	67438

(G)(1) Upon the receipt of a report concerning the possible	67439
abuse or neglect of a person with mental retardation or a	67440
developmental disability, the law enforcement agency shall inform	67441
the county board of developmental disabilities or, if the person	67442
is a resident of a facility operated by the department of	67443
developmental disabilities, the director of the department or the	67444
director's designee.	67445

(2) On receipt of a report under this section that includes	67446
an allegation of action or inaction that may constitute a crime	67447
under federal law or the law of this state, the department of	67448
developmental disabilities shall notify the law enforcement	67449
agency.	67450

(3) When a county board of developmental disabilities	67451
receives a report under this section that includes an allegation	67452
of action or inaction that may constitute a crime under federal	67453
law or the law of this state, the superintendent of the board or	67454
an individual the superintendent designates under division (H) of	67455
this section shall notify the law enforcement agency. The	67456
superintendent or individual shall notify the department of	67457
developmental disabilities when it receives any report under this	67458
section.	67459

(4) When a county board of developmental disabilities	67460
receives a report under this section and believes that the degree	67461
of risk to the person is such that the report is an emergency, the	67462
superintendent of the board or an employee of the board the	67463
superintendent designates shall attempt a face-to-face contact	67464
with the person with mental retardation or a developmental	67465
disability who allegedly is the victim within one hour of the	67466
board's receipt of the report.	67467

(H) The superintendent of the board may designate an	67468
individual to be responsible for notifying the law enforcement	67469
agency and the department when the county board receives a report	67470
under this section.	67471

(I) An adult with mental retardation or a developmental	67472
disability about whom a report is made may be removed from the	67473
adult's place of residence only by law enforcement officers who	67474
consider that the adult's immediate removal is essential to	67475
protect the adult from further injury or abuse or in accordance	67476
with the order of a court made pursuant to section 5126.33 of the	67477
Revised Code.	67478

(J) A law enforcement agency shall investigate each report of	67479
abuse or neglect it receives under this section. In addition, the	67480
department, in cooperation with law enforcement officials, shall	67481
investigate each report regarding a resident of a facility	67482
operated by the department to determine the circumstances	67483
surrounding the injury, the cause of the injury, and the person	67484
responsible. The investigation shall be in accordance with the	67485
memorandum of understanding prepared under section 5126.058 of the	67486
Revised Code. The department shall determine, with the registry	67487
office which shall be maintained by the department, whether prior	67488
reports have been made concerning an adult with mental retardation	67489
or a developmental disability or other principals in the case. If	67490
the department finds that the report involves action or inaction	67491
that may constitute a crime under federal law or the law of this	67492
state, it shall submit a report of its investigation, in writing,	67493
to the law enforcement agency. If the person with mental	67494
retardation or a developmental disability is an adult, with the	67495
consent of the adult, the department shall provide such protective	67496
services as are necessary to protect the adult. The law	67497
enforcement agency shall make a written report of its findings to	67498
the department.	67499

If the person is an adult and is not a resident of a facility	67500
operated by the department, the county board of developmental	67501
disabilities shall review the report of abuse or neglect in	67502
accordance with sections 5126.30 to 5126.33 of the Revised Code	67503
and the law enforcement agency shall make the written report of	67504
its findings to the county board.	67505

(K) Any person or any hospital, institution, school, health	67506
department, or agency participating in the making of reports	67507
pursuant to this section, any person participating as a witness in	67508
an administrative or judicial proceeding resulting from the	67509
reports, or any person or governmental entity that discharges	67510
responsibilities under sections 5126.31 to 5126.33 of the Revised	67511
Code shall be immune from any civil or criminal liability that	67512
might otherwise be incurred or imposed as a result of such actions	67513
except liability for perjury, unless the person or governmental	67514
entity has acted in bad faith or with malicious purpose.	67515

(L) No employer or any person with the authority to do so	67516
shall discharge, demote, transfer, prepare a negative work	67517
performance evaluation, reduce pay or benefits, terminate work	67518
privileges, or take any other action detrimental to an employee or	67519
retaliate against an employee as a result of the employee's having	67520
made a report under this section. This division does not preclude	67521
an employer or person with authority from taking action with	67522
regard to an employee who has made a report under this section if	67523
there is another reasonable basis for the action.	67524

(M) Reports made under this section are not public records as	67525
defined in section 149.43 of the Revised Code. Information	67526
contained in the reports on request shall be made available to the	67527
person who is the subject of the report, to the person's legal	67528
counsel, and to agencies authorized to receive information in the	67529
report by the department or by a county board of developmental	67530
disabilities.	67531

(N) Notwithstanding section 4731.22 of the Revised Code, the	67532
physician-patient privilege shall not be a ground for excluding	67533
evidence regarding the injuries or physical neglect of a person	67534
with mental retardation or a developmental disability or the cause	67535
thereof in any judicial proceeding resulting from a report	67536
submitted pursuant to this section.	67537

Sec. 5123.89. (A) All certificates, applications, records,	67538
and reports made for the purpose of this chapter, other than court	67539
journal entries or court docket entries, which directly or	67540
indirectly identify a resident or former resident of an	67541
institution for the mentally retarded or person whose	67542
institutionalization has been sought under this chapter shall be	67543
kept confidential and shall not be disclosed by any person except	67544
in the following situations:	67545

(1) It is the judgment of the court for judicial records, and	67546
the managing officer for institution records, that disclosure is	67547
in the best interest of the person identified, and that person or	67548
that person's guardian or, if that person is a minor, that	67549
person's parent or guardian consents.	67550

(2) Disclosure is provided for in other sections of this	67551
chapter.	67552

(3) It is the judgment of the managing officer for	67553
institution records that disclosure to a mental health facility is	67554
in the best interest of the person identified.	67555

(4) Disclosure is of a record deposited with the Ohio	67556
historical society pursuant to division (C) of section 5123.31 of	67557
the Revised Code and the disclosure is made to the closest living	67558
relative of the person identified, on the relative's request.	67559

(B) The department of developmental disabilities shall adopt	67560
rules with respect to the systematic and periodic destruction of	67561
residents' records.	67562

(C)(1) As used in this division, "family" means a parent,	67563
brother, sister, spouse, son, daughter, grandparent, aunt, uncle,	67564
or cousin.	67565

(2) Upon the death of a resident or former resident of an	67566
institution for the mentally retarded or a person whose	67567
institutionalization was sought under this chapter, the managing	67568
officer of an institution shall provide access to the	67569
certificates, applications, records, and reports made for the	67570
purposes of this chapter to the resident's, former resident's, or	67571
person's guardian if the guardian makes a written request. If a	67572
deceased resident, former resident, or person whose	67573
institutionalization was sought under this chapter did not have a	67574
guardian at the time of death, the managing officer shall provide	67575
access to the certificates, applications, records, and reports	67576
made for purposes of this chapter to a member of the person's	67577
family, upon that family member's written request.	67578

(D) No person shall reveal the contents of a record of a	67579
resident except as authorized by this chapter.	67580

Sec. 5126.023. ~~(A)~~ None of the following individuals may	67581
serve as a member of a county board of developmental disabilities:	67582

~~(1)~~(A) An elected public official, except for a township	67583
trustee, township fiscal officer, or individual excluded from the	67584
definition of public official or employee in division (B) of	67585
section 102.01 of the Revised Code;	67586

~~(2)~~(B) An immediate family member of ~~another~~a member of the	67587
same county board ~~member~~;	67588

~~(3) A county board~~(C) An employee orof any county board;

67589

(D) An immediate family member of ~~a county board~~an employee	67590
of the same county board;	67591

~~(4)~~(E) A former employee of ~~the~~a county board whose	67592
employment ~~with the county board~~ ceased less than ~~one~~four	67593
calendar ~~year~~years before the former employee would begin to	67594
serve as a member of the same county board;	67595

~~(5) An~~(F) A former employee of a county board whose	67596
employment ceased less than two years before the former employee	67597
would begin to serve as a member of a different county board;	67598

(G) Unless there is no conflict of interest, an individual	67599
who or whose immediate family member is a board member ~~or an~~	67600
~~employee~~ of an agency licensed or certified by the department of	67601
developmental disabilities to provide services to individuals with	67602
mental retardation or developmental disabilities or an individual	67603
who or whose immediate family member is an employee of such an	67604
agency;	67605

~~(6) An individual who or whose immediate family member is a~~	67606
~~board member or employee of an agency contracting with the county~~	67607
~~board that is not licensed or certified by the department of~~	67608
~~developmental disabilities to provide services to individuals with~~	67609
~~mental retardation or developmental disabilities unless there is~~	67610
~~no conflict of interest;~~	67611

~~(7)~~(H) An individual with an immediate family member who	67612
serves as a county commissioner of a county served by the county	67613
board unless the individual was a member of the county board	67614
before October 31, 1980.	67615

~~(B) All questions relating to the existence of a conflict of~~	67616
~~interest for the purpose of division (A)(6) of this section shall~~	67617
~~be submitted to the local prosecuting attorney for resolution. The~~	67618
~~Ohio ethics commission may examine any issues arising under~~	67619
~~Chapter 102. and sections 2921.42, 2921.421, and 2921.43 of the~~	67620
~~Revised Code.~~	67621

Sec. 5126.0220. (A) The superintendent of the county board	67622
of developmental disabilities shall do all of the following:	67623

~~(A)~~(1) Administer the work of the board, subject to the	67624
board's rules;	67625

~~(B)~~(2) Recommend to the board the changes necessary to	67626
increase the effectiveness of the programs and services offered	67627
pursuant to Chapters 3323. and 5126. of the Revised Code;	67628

~~(C)~~(3) Employ persons for all positions authorized by the	67629
board, approve contracts of employment for management employees	67630
that are for a term of one year or less, and approve personnel	67631
actions that involve employees in the classified civil service as	67632
may be necessary for the work of the board;	67633

~~(D)~~(4) Approve compensation for employees within the limits	67634
set by the salary schedule and budget set by the board ~~and in~~	67635
~~accordance with section 5126.26 of the Revised Code~~, and ensure	67636
that all employees and consultants are properly reimbursed for	67637
actual and necessary expenses incurred in the performance of	67638
official duties;	67639

~~(E)~~(5) Provide consultation to public agencies as defined in	67640
division (C) of section 102.01 of the Revised Code, including	67641
other county boards of developmental disabilities, and to	67642
individuals, agencies, or organizations providing services	67643
supported by the board.	67644

(B) The superintendent may authorize the payment of board	67645
obligations by the county auditor.	67646

Sec. 5126.0221. (A) As used in this section, "specialized	67647
services" has the same meaning as in section ~~5126.281~~5123.081 of	67648
the Revised Code.	67649

(B) Except as provided in division (C) of section 5126.033 of	67650
the Revised Code, none of the following individuals may be	67651
employed by a county board of developmental disabilities:	67652

(1) An employee of an agency contracting with the county	67653
board;	67654

(2) An immediate family member of an employee of an agency	67655
contracting with the county board unless the county board adopts a	67656
resolution authorizing the immediate family member's employment	67657
with the county board or the employment is consistent with a	67658
policy adopted by the board establishing parameters for such	67659
employment and the policy is consistent with Chapter 102. and	67660
sections 2921.42, 2921.421, and 2921.43 of the Revised Code;	67661

(3) An individual with an immediate family member who serves	67662
as a county commissioner of any of the counties served by the	67663
county board unless the individual was an employee of the county	67664
board before October 31, 1980;	67665

(4) An individual who is employed by, has an ownership	67666
interest in, performs or provides administrative duties for, or is	67667
a member of the governing board of an entity that provides	67668
specialized services, regardless of whether the entity contracts	67669
with the county board to provide specialized services.	67670

Sec. 5126.043. ~~When an individual with mental retardation or~~	67671
~~other developmental disability is required within this chapter to~~	67672
~~consent, refuse to give consent, or withdraw consent for services~~	67673
~~and the individual has been adjudicated incompetent pursuant to~~	67674
~~Chapter 2111. of the Revised Code, the guardian for the individual~~	67675
~~appointed under that chapter and functioning in accordance with~~	67676
~~the appointment shall be responsible for giving, refusing to give,~~	67677
~~or withdrawing the consent for services.~~	67678

~~Individuals~~(A) Unless a guardian has been appointed for the	67679
individual, when a decision regarding receipt of a service or	67680
participation in a program provided for or funded under this	67681
chapter or Chapter 5123. of the Revised Code by an individual with	67682
mental retardation or other developmental disability must be made,	67683
the individual shall be permitted to make the decision. The	67684
individual may obtain support and guidance from an adult family	67685
member or other person, but doing so does not affect the right of	67686
the individual to make the decision.	67687

(B) An individual with mental retardation or other	67688
developmental disability may authorize an adult to make a decision	67689
described in division (A) of this section on the individual's	67690
behalf, as long as the adult does not have a financial interest in	67691
the decision. The authorization shall be made in writing.	67692

(C) If a guardian has been appointed for an individual with	67693
mental retardation or other developmental disability, the guardian	67694
shall make any decision described in division (A) of this section	67695
on behalf of the individual. This section does not require	67696
appointment of a guardian.	67697

(D) Individuals with mental retardation and other	67698
developmental disabilities, including those who have been	67699
adjudicated incompetent pursuant to Chapter 2111. of the Revised	67700
Code, have the right to participate in decisions that affect their	67701
lives and to have their needs, desires, and preferences	67702
considered. An adult or guardian who makes a decision pursuant to	67703
division (B) or (C) of this section shall make a decision that is	67704
in the best interests of the individual on whose behalf the	67705
decision is made and that is consistent with the needs, desires,	67706
and preferences of that individual.	67707

Sec. 5126.046. (A) ~~Each county board of developmental~~	67708
~~disabilities that has medicaid local administrative authority~~	67709
~~under division (A) of section 5126.055 of the Revised Code for~~	67710
~~habilitation, vocational, or community employment services~~	67711
~~provided as part of home and community-based services shall create~~	67712
~~a list of all persons and government entities eligible to provide~~	67713
~~such habilitation, vocational, or community employment services.~~	67714
~~If the county board chooses and is eligible to provide such~~	67715
~~habilitation, vocational, or community employment services, the~~	67716
~~county board shall include itself on the list. The county board~~	67717
~~shall make the list available to each individual with mental~~	67718
~~retardation or other developmental disability who resides in the~~	67719
~~county and is eligible for such habilitation, vocational, or~~	67720
~~community employment services. The county board shall also make~~	67721
~~the list available to such individuals' families.~~	67722

AnExcept as otherwise provided by 42 C.F.R. 431.51, an	67723
individual with mental retardation or other developmental	67724
disability who is eligible for ~~habilitation, vocational, or~~	67725
~~community employment~~home and community-based services ~~may choose~~	67726
~~the~~has the right to obtain the services from any provider of the	67727
services.	67728

~~(B) Each month, the department of developmental disabilities~~	67729
~~shall create a list of all persons and government entities~~	67730
~~eligible to provide residential services and supported living. The~~	67731
~~department shall include on the list all residential facilities~~	67732
~~licensed under section 5123.19 of the Revised Code and all~~	67733
~~supported living providers certified under section 5123.161 of the~~	67734
~~Revised Code. The department shall distribute the monthly lists to~~	67735
~~county boards that have local administrative authority under~~	67736
~~division (A) of section 5126.055 of the Revised Code for~~	67737
~~residential services and supported living provided as part of home~~	67738
~~and community-based services. A county board that receives a list~~	67739
~~shall make it available to each individual with mental retardation~~	67740
~~or other developmental disability who resides in the county and is~~	67741
~~eligible for such residential services or supported living. The~~	67742
~~county board shall also make the list available to the families of~~	67743
~~those individuals~~that is qualified to furnish the services and is	67744
willing to furnish the services to the individual. A county board	67745
of developmental disabilities that has medicaid local	67746
administrative authority under division (A) of section 5126.055 of	67747
the Revised Code for home and community-based services and refuses	67748
to permit an individual to obtain home and community-based	67749
services from a qualified and willing provider shall provide the	67750
individual timely notice that the individual may request a hearing	67751
under section 5101.35 of the Revised Code.	67752

(B) An individual with mental retardation or other	67753
developmental disability who is eligible for nonmedicaid	67754
residential services or nonmedicaid supported living ~~may choose~~	67755
~~the~~has the right to obtain the services from any provider of the	67756
residential services or supported living that is qualified to	67757
furnish the residential services or supported living and is	67758
willing to furnish the residential services or supported living to	67759
the individual.	67760

(C) ~~If a county board that has medicaid local administrative~~	67761
~~authority under division (A) of section 5126.055 of the Revised~~	67762
~~Code for home and community-based services violates the right~~	67763
~~established by this section of an individual to choose a provider~~	67764
~~that is qualified and willing to provide services to the~~	67765
~~individual, the individual shall receive timely notice that the~~	67766
~~individual may request a hearing under section 5101.35 of the~~	67767
~~Revised Code.~~The department of developmental disabilities shall	67768
make available to the public on its internet web site an	67769
up-to-date list of all providers of home and community-based	67770
services, nonmedicaid residential services, and nonmedicaid	67771
supported living. County boards shall assist individuals with	67772
mental retardation or other developmental disabilities and the	67773
families of such individuals access the list on the department's	67774
internet web site.	67775

(D) The ~~departments~~director of developmental disabilities	67776
~~and job and family services~~ shall adopt rules in accordance with	67777
Chapter 119. of the Revised Code governing the implementation of	67778
this section. The rules shall include procedures for individuals	67779
to choose their ~~service~~ providers. The rules shall not be limited	67780
by a provider selection system established under section 5126.42	67781
of the Revised Code, including any pool of providers created	67782
pursuant to a provider selection system.	67783

Sec. 5126.055. (A) Except as provided in section 5126.056 of	67784
the Revised Code, a county board of developmental disabilities has	67785
medicaid local administrative authority to, and shall, do all of	67786
the following for an individual with mental retardation or other	67787
developmental disability who resides in the county that the county	67788
board serves and seeks or receives home and community-based	67789
services:	67790

(1) Perform assessments and evaluations of the individual. As	67791
part of the assessment and evaluation process, the county board	67792
shall do all of the following:	67793

(a) Make a recommendation to the department of developmental	67794
disabilities on whether the department should approve or deny the	67795
individual's application for the services, including on the basis	67796
of whether the individual needs the level of care an intermediate	67797
care facility for the mentally retarded provides;	67798

(b) If the individual's application is denied because of the	67799
county board's recommendation and the individual requests a	67800
hearing under section 5101.35 of the Revised Code, present, with	67801
the department of developmental disabilities or department of job	67802
and family services, whichever denies the application, the reasons	67803
for the recommendation and denial at the hearing;	67804

(c) If the individual's application is approved, recommend to	67805
the departments of developmental disabilities and job and family	67806
services the services that should be included in the individual's	67807
individualized service plan and, if either department approves,	67808
reduces, denies, or terminates a service included in the	67809
individual's individualized service plan under section 5111.871 of	67810
the Revised Code because of the county board's recommendation,	67811
present, with the department that made the approval, reduction,	67812
denial, or termination, the reasons for the recommendation and	67813
approval, reduction, denial, or termination at a hearing under	67814
section 5101.35 of the Revised Code.	67815

(2) ~~In accordance with the rules adopted under section~~	67816
~~5126.046 of the Revised Code, perform the county board's~~Perform	67817
any duties assigned to the county board in rules adopted under	67818
~~that~~ section 5126.046 of the Revised Code regarding ~~assisting~~ the	67819
individual's right to choose a qualified and willing provider of	67820
the services and, at a hearing under section 5101.35 of the	67821
Revised Code, present evidence of the process for appropriate	67822
assistance in choosing providers;	67823

(3) If the county board is certified under section 5123.161	67824
of the Revised Code to provide the services and agrees to provide	67825
the services to the individual and the individual chooses the	67826
county board to provide the services, furnish, in accordance with	67827
the county board's medicaid provider agreement and for the	67828
authorized reimbursement rate, the services the individual	67829
requires;	67830

(4) Monitor the services provided to the individual and	67831
ensure the individual's health, safety, and welfare. The	67832
monitoring shall include quality assurance activities. If the	67833
county board provides the services, the department of	67834
developmental disabilities shall also monitor the services.	67835

(5) Develop, with the individual and the provider of the	67836
individual's services, an effective individualized service plan	67837
that includes coordination of services, recommend that the	67838
departments of developmental disabilities and job and family	67839
services approve the plan, and implement the plan unless either	67840
department disapproves it. The individualized service plan shall	67841
include a summary page, agreed to by the county board, provider,	67842
and individual receiving services, that clearly outlines the	67843
amount, duration, and scope of services to be provided under the	67844
plan.	67845

(6) Have an investigative agent conduct investigations under	67846
section 5126.313 of the Revised Code that concern the individual;	67847

(7) Have a service and support administrator perform the	67848
duties under division (B)(9) of section 5126.15 of the Revised	67849
Code that concern the individual.	67850

(B) A county board shall perform its medicaid local	67851
administrative authority under this section in accordance with all	67852
of the following:	67853

(1) The county board's plan that the department of	67854
developmental disabilities approves under section 5123.046 of the	67855
Revised Code;	67856

(2) All applicable federal and state laws;

67857

(3) All applicable policies of the departments of	67858
developmental disabilities and job and family services and the	67859
United States department of health and human services;	67860

(4) The department of job and family services' supervision	67861
under its authority under section 5111.01 of the Revised Code to	67862
act as the single state medicaid agency;	67863

(5) The department of developmental disabilities' oversight.

67864

(C) The departments of developmental disabilities and job and	67865
family services shall communicate with and provide training to	67866
county boards regarding medicaid local administrative authority	67867
granted by this section. The communication and training shall	67868
include issues regarding audit protocols and other standards	67869
established by the United States department of health and human	67870
services that the departments determine appropriate for	67871
communication and training. County boards shall participate in the	67872
training. The departments shall assess the county board's	67873
compliance against uniform standards that the departments shall	67874
establish.	67875

(D) A county board may not delegate its medicaid local	67876
administrative authority granted under this section but may	67877
contract with a person or government entity, including a council	67878
of governments, for assistance with its medicaid local	67879
administrative authority. A county board that enters into such a	67880
contract shall notify the director of developmental disabilities.	67881
The notice shall include the tasks and responsibilities that the	67882
contract gives to the person or government entity. The person or	67883
government entity shall comply in full with all requirements to	67884
which the county board is subject regarding the person or	67885
government entity's tasks and responsibilities under the contract.	67886
The county board remains ultimately responsible for the tasks and	67887
responsibilities.	67888

(E) A county board that has medicaid local administrative	67889
authority under this section shall, through the departments of	67890
developmental disabilities and job and family services, reply to,	67891
and cooperate in arranging compliance with, a program or fiscal	67892
audit or program violation exception that a state or federal audit	67893
or review discovers. The department of job and family services	67894
shall timely notify the department of developmental disabilities	67895
and the county board of any adverse findings. After receiving the	67896
notice, the county board, in conjunction with the department of	67897
developmental disabilities, shall cooperate fully with the	67898
department of job and family services and timely prepare and send	67899
to the department a written plan of correction or response to the	67900
adverse findings. The county board is liable for any adverse	67901
findings that result from an action it takes or fails to take in	67902
its implementation of medicaid local administrative authority.	67903

(F) If the department of developmental disabilities or	67904
department of job and family services determines that a county	67905
board's implementation of its medicaid local administrative	67906
authority under this section is deficient, the department that	67907
makes the determination shall require that county board do the	67908
following:	67909

(1) If the deficiency affects the health, safety, or welfare	67910
of an individual with mental retardation or other developmental	67911
disability, correct the deficiency within twenty-four hours;	67912

(2) If the deficiency does not affect the health, safety, or	67913
welfare of an individual with mental retardation or other	67914
developmental disability, receive technical assistance from the	67915
department or submit a plan of correction to the department that	67916
is acceptable to the department within sixty days and correct the	67917
deficiency within the time required by the plan of correction.	67918

Sec. 5126.13. (A) A county board of developmental	67919
disabilities may enter into an agreement with one or more other	67920
county boards of developmental disabilities to establish a	67921
regional council in accordance with Chapter 167. of the Revised	67922
Code. The agreement shall specify the duties and functions to be	67923
performed by the council, which may include any duty or function a	67924
county board is required or authorized to perform under this	67925
chapter. ~~If directed to do so by a resolution adopted by a county~~	67926
~~board that is a member of a regional council, the department of~~	67927
~~developmental disabilities shall make any distributions of money~~	67928
~~for that county for the duties or functions performed by the~~	67929
~~council pursuant to its agreement that are otherwise required to~~	67930
~~be made to the county board under this chapter to the fiscal~~	67931
~~officer of the council designated under section 167.04 of the~~	67932
~~Revised Code.~~	67933

A county board may also enter into an agreement with one or	67934
more school districts or other political subdivisions to establish	67935
a regional council in accordance with Chapter 167. of the Revised	67936
Code.	67937

(B) On or before the thirtieth day of March, the fiscal	67938
officer of a regional council described in this section shall	67939
report to the department of developmental disabilities, in the	67940
format specified by the department, all income and operating	67941
expenditures of the council for the immediately preceding calendar	67942
year.	67943

Sec. 5126.15. (A) A county board of developmental	67944
disabilities shall provide service and support administration to	67945
each individual three years of age or older who is eligible for	67946
service and support administration if the individual requests, or	67947
a person on the individual's behalf requests, service and support	67948
administration. A board shall provide service and support	67949
administration to each individual receiving home and	67950
community-based services. A board may provide, in accordance with	67951
the service coordination requirements of 34 C.F.R. 303.23, service	67952
and support administration to an individual under three years of	67953
age eligible for early intervention services under 34 C.F.R. part	67954
303. A board may provide service and support administration to an	67955
individual who is not eligible for other services of the board.	67956
Service and support administration shall be provided in accordance	67957
with rules adopted under section 5126.08 of the Revised Code.	67958

A board may provide service and support administration by	67959
directly employing service and support administrators or by	67960
contracting with entities for the performance of service and	67961
support administration. Individuals employed or under contract as	67962
service and support administrators shall not be in the same	67963
collective bargaining unit as employees who perform duties that	67964
are not administrative.	67965

Individuals employed by a board as service and support	67966
administrators shall not be assigned responsibilities for	67967
implementing other services for individuals and shall not be	67968
employed by or serve in a decision-making or policy-making	67969
capacity for any other entity that provides programs or services	67970
to individuals with mental retardation or developmental	67971
disabilities. An individual employed as a conditional status	67972
service and support administrator shall perform the duties of	67973
service and support administration only under the supervision of a	67974
management employee who is a service and support administration	67975
supervisor.	67976

(B) The individuals employed by or under contract with a	67977
board to provide service and support administration shall do all	67978
of the following:	67979

(1) Establish an individual's eligibility for the services of	67980
the county board of developmental disabilities;	67981

(2) Assess individual needs for services;

67982

(3) Develop individual service plans with the active	67983
participation of the individual to be served, other persons	67984
selected by the individual, and, when applicable, the provider	67985
selected by the individual, and recommend the plans for approval	67986
by the department of developmental disabilities when services	67987
included in the plans are funded through medicaid;	67988

(4) Establish budgets for services based on the individual's	67989
assessed needs and preferred ways of meeting those needs;	67990

(5) Assist individuals in making selections from among the	67991
providers they have chosen;	67992

(6) Ensure that services are effectively coordinated and	67993
provided by appropriate providers;	67994

(7) Establish and implement an ongoing system of monitoring	67995
the implementation of individual service plans to achieve	67996
consistent implementation and the desired outcomes for the	67997
individual;	67998

(8) Perform quality assurance reviews as a distinct function	67999
of service and support administration;	68000

(9) Incorporate the results of quality assurance reviews and	68001
identified trends and patterns of unusual incidents and major	68002
unusual incidents into amendments of an individual's service plan	68003
for the purpose of improving and enhancing the quality and	68004
appropriateness of services rendered to the individual;	68005

~~(10) Ensure that each individual receiving services has a~~	68006
~~designated person who is responsible on a continuing basis for~~	68007
~~providing the individual with representation, advocacy, advice,~~	68008
~~and assistance related to the day-to-day coordination of services~~	68009
~~in accordance with the individual's service plan. The service and~~	68010
~~support administrator shall give the individual receiving services~~	68011
~~an opportunity to designate the person to provide daily~~	68012
~~representation. If the individual declines to make a designation,~~	68013
~~the administrator shall make the designation. In either case, the~~	68014
~~individual receiving services may change at any time the person~~	68015
~~designated to provide daily representation~~.	68016

Sec. 5126.20. As used in this section and sections 5126.21	68017
to ~~5126.29~~5126.25 of the Revised Code:	68018

(A) "Service employee" means a person employed by a county	68019
board of developmental disabilities in a position which may	68020
require ~~evidence of~~ registration under section 5126.25 of the	68021
Revised Code but for which a bachelor's degree from an accredited	68022
college or university is not required, and includes employees in	68023
the positions listed in division (C) of section 5126.22 of the	68024
Revised Code.	68025

(B)(1) "Professional employee" means both of the following:

68026

(a) A person employed by a board in a position for which	68027
either a bachelor's degree from an accredited college or	68028
university or a license or certificate issued under Title XLVII of	68029
the Revised Code is a minimum requirement;	68030

(b) A person employed by a board as a conditional status	68031
service and support administrator.	68032

(2) "Professional employee" includes employees in the	68033
positions listed in division (B) of section 5126.22 of the Revised	68034
Code.	68035

(C) "Management employee" means a person employed by a board	68036
in a position having supervisory or managerial responsibilities	68037
and duties, and includes employees in the positions listed in	68038
division (A) of section 5126.22 of the Revised Code.	68039

(D) "Limited contract" means a contract of limited duration	68040
which is renewable at the discretion of the superintendent.	68041

(E) ~~"Continuing contract" means a contract of employment that~~	68042
~~was issued prior to June 24, 1988, to a classified employee under~~	68043
~~which the employee has completed the employee's probationary~~	68044
~~period and under which the employee retains employment until the~~	68045
~~employee retires or resigns, is removed pursuant to section~~	68046
~~5126.23 of the Revised Code, or is laid off.~~	68047

~~(F)~~ "Supervisory responsibilities and duties" includes the	68048
authority to hire, transfer, suspend, lay off, recall, promote,	68049
discharge, assign, reward, or discipline other employees of the	68050
board; to responsibly direct them; to adjust their grievances; or	68051
to effectively recommend such action, if the exercise of that	68052
authority is not of a merely routine or clerical nature but	68053
requires the use of independent judgment.	68054

~~(G)~~(F) "Managerial responsibilities and duties" includes	68055
formulating policy on behalf of the board, responsibly directing	68056
the implementation of policy, assisting in the preparation for the	68057
conduct of collective negotiations, administering collectively	68058
negotiated agreements, or having a major role in personnel	68059
administration.	68060

~~(H)~~(G) "Investigative agent" means an individual who conducts	68061
investigations under section 5126.313 of the Revised Code.	68062

Sec. 5126.21. As used in this section, "management employee"	68063
does not include the superintendent of a county board of	68064
developmental disabilities.	68065

(A)(1) Each management employee of a county board of	68066
developmental disabilities shall hold a limited contract for a	68067
period of not less than one year and not more than five years,	68068
except that a management employee hired after the beginning of a	68069
program year may be employed under a limited contract expiring at	68070
the end of the program year. The board shall approve all contracts	68071
of employment for management employees that are for a term of more	68072
than one year. A management employee shall receive notice of the	68073
superintendent's intention not to rehire the employee at least	68074
ninety days prior to the expiration of the contract. ~~If the~~	68075
~~superintendent fails to notify a management employee, the employee~~	68076
~~shall be reemployed under a limited contract of one year at the~~	68077
~~same salary plus any authorized salary increases.~~	68078

(2) During the term of a contract a management employee's	68079
salary may be increased, but shall not be reduced unless the	68080
reduction is part of a uniform plan affecting all employees of the	68081
board.	68082

(B) All management employees may be removed, suspended, or	68083
demoted for cause pursuant to section 5126.23 of the Revised Code.	68084

(C) All management employees shall receive employee benefits	68085
~~that shall include sick leave, vacation leave, holiday pay, and~~	68086
~~such other benefits~~ as ~~are~~ established by the board. Sections	68087
124.38 and 325.19 of the Revised Code do not apply to management	68088
employees.	68089

(D) The superintendent of a county board of developmental	68090
disabilities shall notify all management employees of the board of	68091
their salary no later than thirty days before the first day of the	68092
new contract year.	68093

(E) ~~All management employees of a county board of~~	68094
~~developmental disabilities who were given continuing contract~~	68095
~~status prior to the effective date of this section have continuing~~	68096
~~contract status so long as they maintain employment with the~~	68097
~~board.~~	68098

~~(F) All management employees who were probationary employees~~	68099
~~on the effective date of this section shall, upon completion of~~	68100
~~their probationary period, be granted continuing contract status~~	68101
~~if retained in employment.~~	68102

~~(G)~~ Each county board of developmental disabilities shall	68103
establish a lay-off policy to be followed if it determines a	68104
reduction in the number of management employees is necessary.	68105

Sec. 5126.22. (A) Employees who hold the following positions	68106
in a county board of developmental disabilities are management	68107
employees:	68108

assistant superintendent

68109

director of business

68110

director of personnel

68111

adult services director

68112

workshop director

68113

habilitation manager

68114

director of residential services

68115

principal (director of children services)

68116

program or service supervisor

68117

plant manager

68118

production manager

68119

service and support administration supervisor

68120

investigative agent

68121

confidential employees as defined in section 4117.01 of the	68122
Revised Code	68123

positions designated by the director of developmental	68124
disabilities as having managerial or supervisory responsibilities	68125
and duties	68126

positions designated by the county board in accordance with	68127
division (D) of this section.	68128

(B) Employees who hold the following positions in a board are	68129
professional employees:	68130

personnel licensed or certified pursuant to Chapter 3319. of	68131
the Revised Code	68132

early intervention specialist

68133

physical development specialist

68134

habilitation specialist

68135

work adjustment specialist

68136

placement specialist

68137

vocational evaluator

68138

psychologist

68139

occupational therapist

68140

speech and language pathologist

68141

recreation specialist

68142

behavior management specialist

68143

physical therapist

68144

supportive home services specialist

68145

licensed practical nurse or registered nurse

68146

rehabilitation counselor

68147

doctor of medicine and surgery or of osteopathic medicine and	68148
surgery	68149

dentist

68150

service and support administrator

68151

conditional status service and support administrator

68152

social worker

68153

any position that is not a management position and for which	68154
the standards for certification established by the director of	68155
developmental disabilities under section 5126.25 of the Revised	68156
Code require a bachelor's or higher degree	68157

professional positions designated by the director

68158

professional positions designated by the county board in	68159
accordance with division (D) of this section.	68160

(C) Employees who hold positions in a board that are neither	68161
management positions nor professional positions are service	68162
employees. Service employee positions include:	68163

workshop specialist

68164

workshop specialist assistant

68165

contract procurement specialist

68166

community employment specialist

68167

any assistant to a professional employee certified to	68168
provide, or supervise the provision of, adult services or service	68169
and support administration	68170

service positions designated by the director

68171

service positions designated by a county board in accordance	68172
with division (D) of this section.	68173

(D) A county board may designate a position only if the	68174
position does not include directly providing, or supervising	68175
employees who directly provide, service or instruction to	68176
individuals with mental retardation or developmental disabilities.	68177

(E) If a county board desires to have a position established	68178
that is not specifically listed in this section that includes	68179
directly providing, or supervising employees who directly provide,	68180
services or instruction to individuals with mental retardation or	68181
developmental disabilities, the board shall submit to the director	68182
a written description of the position and request that the	68183
director designate the position as a management, professional, or	68184
service position under this section. The director shall consider	68185
each request submitted under this division and respond within	68186
thirty days. If the director approves the request, the director	68187
shall designate the position as a management, professional, or	68188
service position.	68189

(F) A county board shall not terminate its employment of any	68190
management, professional, or service employee solely because a	68191
position is added to or eliminated from those positions listed in	68192
this section or because a position is designated or no longer	68193
designated by the director or a county board.	68194

Sec. 5126.25. (A) The director of developmental disabilities	68195
shall adopt rules ~~in accordance with Chapter 119. of the Revised~~	68196
~~Code~~under division (C) of this section establishing uniform	68197
standards and procedures for the certification and registration of	68198
persons ~~for employment by county boards of developmental~~	68199
~~disabilities as superintendents, management employees, and~~	68200
~~professional employees and uniform standards and procedures for~~	68201
~~the registration of persons for employment by county boards as~~	68202
~~registered service employees. As part of the rules, the director~~	68203
~~may establish continuing education and professional training~~	68204
~~requirements for renewal of certificates and evidence of~~	68205
~~registration and shall establish such requirements for renewal of~~	68206
~~an investigative agent certificate. In the rules, the director~~	68207
~~shall establish certification standards for employment in the~~	68208
~~position of investigative agent that require an individual to have~~	68209
~~or obtain no less than an associate degree from an accredited~~	68210
~~college or university or have or obtain comparable experience or~~	68211
~~training. The director shall not adopt rules that require any~~	68212
~~service employee to have or obtain a bachelor's or higher degree.~~	68213

~~The director shall adopt the rules in a manner that provides~~	68214
~~for the issuance of certificates and evidence of registration~~	68215
~~according to categories, levels, and grades. The rules shall~~	68216
~~describe each category, level, and grade.~~	68217

~~The rules adopted under this division shall apply to persons~~	68218
~~employed or seeking employment in a position that includes~~	68219
~~directly providing, or supervising persons who directly provide,~~	68220
~~services or instruction to or on behalf of individuals with mental~~	68221
~~retardation or developmental disabilities, except that the rules~~	68222
~~shall not apply to persons who hold a valid license issued under~~	68223
~~Chapter 3319. of the Revised Code and perform no duties other than~~	68224
~~teaching or supervision of a teaching program or persons who hold~~	68225
~~a valid license or certificate issued under Title XLVII of the~~	68226
~~Revised Code and perform only those duties governed by the license~~	68227
~~or certificate. The rules shall specify the positions that require~~	68228
~~certification or registration. The rules shall specify that the~~	68229
~~position of investigative agent requires certification~~, other than	68230
the persons described in division (I) of this section, who are	68231
seeking employment with or are employed by either of the	68232
following:	68233

(1) A county board of developmental disabilities;

68234

(2) An entity that contracts with a county board to operate	68235
programs and services for individuals with mental retardation or	68236
developmental disabilities.	68237

(B) No person shall be employed in a position for which	68238
certification or registration is required pursuant to the rules	68239
adopted under this section without the certification or	68240
registration that is required for that position. The person shall	68241
not be employed or shall not continue to be employed if the	68242
required certification or registration is denied, revoked, or not	68243
renewed.	68244

~~(B)~~(C) The director shall adopt rules in accordance with	68245
Chapter 119. of the Revised Code ~~establishing standards for~~	68246
~~approval of courses of study to prepare persons to meet~~	68247
~~certification requirements. The director shall approve courses of~~	68248
~~study meeting the standards and provide for the inspection of the~~	68249
~~courses to ensure the maintenance of satisfactory training~~	68250
~~procedures. The director shall approve courses of study only if~~	68251
~~given by a state university or college as defined in section~~	68252
~~3345.32 of the Revised Code, a state university or college of~~	68253
~~another state, or an institution that has received a certificate~~	68254
~~of authorization to confer degrees from the board of regents~~	68255
~~pursuant to Chapter 1713. of the Revised Code or from a comparable~~	68256
~~agency of another state~~as the director considers necessary to	68257
implement and administer this section, including rules	68258
establishing all of the following:	68259

(1) Positions of employment that are subject to this section	68260
and, for each position, whether a person must receive	68261
certification or receive registration to be employed in that	68262
position;	68263

(2) Requirements that must be met to receive the	68264
certification or registration required to be employed in a	68265
particular position, including standards regarding education,	68266
specialized training, and experience, taking into account the	68267
needs of individuals with mental retardation or developmental	68268
disabilities and the specialized techniques needed to serve them,	68269
except that the rules shall not require a person designated as a	68270
service employee under section 5126.22 of the Revised Code to have	68271
or obtain a bachelor's or higher degree;	68272

(3) Procedures to be followed in applying for initial	68273
certification or registration and for renewing the certification	68274
or registration.	68275

(4) Requirements that must be met for renewal of	68276
certification or registration, which may include continuing	68277
education and professional training requirements;	68278

(5) Subject to section 5126.23 of the Revised Code, grounds	68279
for which certification or registration may be denied, suspended,	68280
or revoked and procedures for appealing the denial, suspension, or	68281
revocation.	68282

~~(C)~~(D) Each ~~applicant for a certificate for employment or~~	68283
~~evidence of~~person seeking certification or registration for	68284
employment ~~by a county board~~ shall apply ~~to the department of~~	68285
~~developmental disabilities on forms that the director of the~~	68286
~~department shall prescribe and provide. The application shall be~~	68287
~~accompanied by the application fee~~in the manner established in	68288
rules adopted under this section.	68289

~~(D) The director shall issue a certificate for employment to~~	68290
~~each applicant who meets the standards for certification~~	68291
~~established under this section and shall issue evidence of~~	68292
~~registration for employment to each applicant who meets the~~	68293
~~standards for registration established under this section. Each~~	68294
~~certificate or evidence of registration shall state the category,~~	68295
~~level, and grade for which it is issued.~~	68296

~~The director shall issue, renew, deny, suspend, or revoke~~	68297
~~certificates and evidence of registration in accordance with rules~~	68298
~~adopted under this section. The director shall deny, suspend, or~~	68299
~~revoke a certificate or evidence of registration if the director~~	68300
~~finds, pursuant to an adjudication conducted in accordance with~~	68301
~~Chapter 119. of the Revised Code, that the applicant for or holder~~	68302
~~of the certificate or evidence of registration is guilty of~~	68303
~~intemperate, immoral, or other conduct unbecoming to the~~	68304
~~applicant's or holder's position, or is guilty of incompetence or~~	68305
~~negligence within the scope of the applicant's or holder's duties.~~	68306
~~The director shall deny or revoke a certificate or evidence of~~	68307
~~registration if the director finds, pursuant to an adjudication~~	68308
~~conducted in accordance with Chapter 119. of the Revised Code,~~	68309
~~that the applicant for or holder of the certificate or evidence of~~	68310
~~registration has been convicted of or pleaded guilty to any of the~~	68311
~~offenses described in division (E) of section 5126.28 of the~~	68312
~~Revised Code, unless the individual meets standards for~~	68313
~~rehabilitation that the director establishes in the rules adopted~~	68314
~~under that section. Evidence supporting such allegations shall be~~	68315
~~presented to the director in writing and the director shall~~	68316
~~provide prompt notice of the allegations to the person who is the~~	68317
~~subject of the allegations. A denial, suspension, or revocation~~	68318
~~may be appealed in accordance with procedures the director shall~~	68319
~~establish in the rules adopted under this section.~~	68320

(E)(1) Except as provided in division (E)(2) of this section,	68321
the superintendent of each county board is responsible for taking	68322
all actions regarding certification and registration of employees,	68323
other than the position of superintendent or investigative agent.	68324
For the position of superintendent or investigative agent, the	68325
director of developmental disabilities is responsible for taking	68326
all such actions.	68327

Actions that may be taken by the superintendent or director	68328
include issuing, renewing, denying, suspending, and revoking	68329
certification and registration. All actions shall be taken in	68330
accordance with the rules adopted under this section.	68331

The superintendent may charge a fee to persons applying for	68332
certification or registration. The superintendent shall establish	68333
the amount of the fee according to the costs the county board	68334
incurs in administering its program for certification and	68335
registration of employees.	68336

A person subject to the denial, suspension, or revocation of	68337
certification or registration may appeal the decision. The appeal	68338
shall be made in accordance with the rules adopted under this	68339
section.	68340

(2) Pursuant to division (C) of section 5126.05 of the	68341
Revised Code, the superintendent may enter into a contract with	68342
any other entity under which the entity is given authority to	68343
carry out all or part of the superintendent's responsibilities	68344
under division (E)(1) of this section.	68345

(F) A person ~~holding a~~with valid ~~certificate~~certification	68346
or registration under this section on the effective date of any	68347
rules adopted under this section that increase the standards	68348
applicable to the certification ~~standards~~or registration shall	68349
have such period as the rules prescribe, but not less than one	68350
year after the effective date of the rules, to meet the new	68351
certification or registration standards.	68352

~~A person who is registered under this section on the~~	68353
~~effective date of any rule that changes the standards adopted~~	68354
~~under this section shall have such period as the rules prescribe,~~	68355
~~but not less than one year, to meet the new registration~~	68356
~~standards.~~	68357

~~(2) If an applicant for a certificate for employment has not~~	68358
~~completed the courses of instruction necessary to meet the~~	68359
~~department's standards for certification, the department shall~~	68360
~~inform the applicant of the courses the applicant must~~	68361
~~successfully complete to meet the standards and shall specify the~~	68362
~~time within which the applicant must complete the courses. The~~	68363
~~department shall grant the applicant at least one year to complete~~	68364
~~the courses and shall not require the applicant to complete more~~	68365
~~than four courses in any one year. The applicant is not subject to~~	68366
~~any changes regarding the courses required for certification that~~	68367
~~are made after the department informs the applicant of the courses~~	68368
~~the applicant must complete, unless the applicant does not~~	68369
~~successfully complete the courses within the time specified by the~~	68370
~~department.~~	68371

~~(F)~~(G) A person ~~who holds a certificate~~with valid	68372
certification or ~~evidence of~~ registration~~, other than one~~	68373
~~designated as temporary,~~ is qualified to be employed according to	68374
that ~~certificate~~certification or ~~evidence of~~ registration by any	68375
county board or entity contracting with a county board.	68376

~~(G)~~(H) The director shall monitor county boards to ensure	68377
that their employees ~~who must be certified or registered are~~	68378
~~appropriately certified or registered and~~and the employees of	68379
their contracting entities have the applicable certification or	68380
registration required under this section and that the employees	68381
are performing only those functions they are authorized to perform	68382
under ~~their certificate~~the certification or ~~evidence of~~	68383
registration.	68384

~~(H) A county board superintendent or the superintendent's~~	68385
~~designee may certify to the director that county board employees~~	68386
~~who are required to meet continuing education or professional~~	68387
~~training requirements as a condition of renewal of certificates or~~	68388
~~evidence of registration have met the requirements~~. The	68389
superintendent of each county board or the superintendent's	68390
designee shall maintain in appropriate personnel files evidence	68391
acceptable to the director that the employees have met the	68392
requirements ~~and permit~~. On request, representatives of the	68393
department of developmental disabilities shall be given access to	68394
the evidence ~~on request~~.	68395

(I) ~~All fees collected pursuant to this section shall be~~	68396
~~deposited in the state treasury to the credit of the program fee~~	68397
~~fund created under section 5123.033 of the Revised Code.~~	68398

~~(J) Employees of entities that contract with county boards of~~	68399
~~developmental disabilities to operate programs and services for~~	68400
~~individuals with mental retardation and developmental disabilities~~	68401
~~are subject to the certification and registration requirements~~	68402
~~established under section 5123.082 of the Revised Code~~The	68403
certification and registration requirements of this section and	68404
the rules adopted under it do not apply to either of the	68405
following:	68406

(1) A person who holds a valid license issued or certificate	68407
issued under Chapter 3319. of the Revised Code and performs no	68408
duties other than teaching or supervision of a teaching program;	68409

(2) A person who holds a valid license or certificate issued	68410
under Title XLVII of the Revised Code and performs only those	68411
duties governed by the license or certificate.	68412

Sec. 5126.251. On receipt of a notice pursuant to section	68413
3123.43 of the Revised Code, the director of developmental	68414
disabilities or the superintendent of a county board of	68415
developmental disabilities shall comply with sections 3123.41 to	68416
3123.50 of the Revised Code and any applicable rules adopted under	68417
section 3123.63 of the Revised Code with respect to ~~a certificate~~	68418
a person's certification or ~~evidence of~~ registration ~~issued~~	68419
~~pursuant to this chapter~~under section 5126.25 of the Revised	68420
Code.	68421

Sec. 5126.51. As used in sections 5126.51 to 5126.62 of the	68422
Revised Code:	68423

(A) "Develop" or "development," in contexts not referring to	68424
developmental disabilities, means construction or rehabilitation.	68425

(B) "Eligible lending institution" means a financial	68426
institution that meets all of the following requirements:	68427

(1) Is eligible to make commercial loans;

68428

(2) Has an office located within the territorial limits of	68429
the county;	68430

(3) Is an institution into which the county's investing	68431
authority may deposit the public moneys of the county;	68432

(4) Holds itself out as participating in the residential	68433
facility linked deposit program.	68434

68435

~~(1) A~~a nonprofit corporation that has as its primary	68436
activity the development or operation of a residential facility;	68437

~~(2) A nonprofit corporation certified under section 5123.192~~	68438
~~of the Revised Code~~.	68439

(D) "Investing authority" has the same meaning as in section	68440
135.31 of the Revised Code.	68441

(E) "Residential facility" has the same meaning as in section	68442
5123.19 of the Revised Code ~~and also includes a residence where a~~	68443
~~nonprofit corporation certified under section 5123.192 of the~~	68444
~~Revised Code provides or proposes to provide supported living for~~	68445
~~individuals with mental retardation or developmental disabilities~~.	68446

(F) "Residential facility linked deposit program" means the	68447
linked deposit program provided for in sections 5126.51 to 5126.62	68448
of the Revised Code. A "residential facility linked deposit" is a	68449
deposit of public moneys of the county under, and for the purposes	68450
of, the residential facility linked deposit program. A	68451
"residential facility linked deposit loan" is a loan under, and	68452
for the purposes of, the residential facility linked deposit	68453
program.	68454

Sec. 5139.41. The appropriation made to the department of	68455
youth services for care and custody of felony delinquents shall be	68456
expended in accordance with the following procedure that the	68457
department shall use for each year of a biennium. The procedure	68458
shall be consistent with sections 5139.41 to 5139.43 of the	68459
Revised Code and shall be developed in accordance with the	68460
following guidelines:	68461

(A) The line item appropriation for the care and custody of	68462
felony delinquents shall provide funding for operational costs for	68463
the following:	68464

(1) Institutions and the diagnosis, care, or treatment of	68465
felony delinquents at facilities pursuant to contracts entered	68466
into under section 5139.08 of the Revised Code;	68467

(2) Community corrections facilities constructed,	68468
reconstructed, improved, or financed as described in section	68469
5139.36 of the Revised Code for the purpose of providing	68470
alternative placement and services for felony delinquents who have	68471
been diverted from care and custody in institutions;	68472

(3) County juvenile courts that administer programs and	68473
services for prevention, early intervention, diversion, treatment,	68474
and rehabilitation services and programs that are provided for	68475
alleged or adjudicated unruly or delinquent children or for	68476
children who are at risk of becoming unruly or delinquent	68477
children;	68478

(4) Administrative expenses the department incurs in	68479
connection with the felony delinquent care and custody programs	68480
described in section 5139.43 of the Revised Code.	68481

(B) From the appropriated line item for the care and custody	68482
of felony delinquents, the department, with the advice of the	68483
RECLAIM advisory committee established under section 5139.44 of	68484
the Revised Code, shall allocate annual operational funds for	68485
county juvenile programs, institutional care and custody,	68486
community corrections facilities care and custody, and	68487
administrative expenses incurred by the department associated with	68488
felony delinquent care and custody programs. The department, with	68489
the advice of the RECLAIM advisory committee, shall adjust these	68490
allocations, when modifications to this line item are made by	68491
legislative or executive action.	68492

(C) The department shall divide county juvenile program	68493
allocations among county juvenile courts that administer programs	68494
and services for prevention, early intervention, diversion,	68495
treatment, and rehabilitation that are provided for alleged or	68496
adjudicated unruly or delinquent children or for children who are	68497
at risk of becoming unruly or delinquent children. The department	68498
shall base funding on the county's previous year's ratio of the	68499
department's institutional and community correctional facilities	68500
commitments to that county's ~~four year~~ average of felony	68501
adjudications, as specified in the following formula:	68502

(1) The department shall give to each county a proportional	68503
allocation of commitment credits. The proportional allocation of	68504
commitment credits shall be calculated by the following	68505
procedures:	68506

(a) The department shall determine for each county and for	68507
the state ~~a four year~~an average of felony adjudications.	68508
Beginning July 1, 2012, the average shall include felony	68509
adjudications for fiscal year 2007 and for each subsequent fiscal	68510
year through fiscal year 2016. Beginning July 1, 2017, the most	68511
recent felony adjudication data shall be included and the oldest	68512
fiscal year data shall be removed so that a ten-year average of	68513
felony adjudication data will be maintained.	68514

(b) The department shall determine for each county and for	68515
the state the number of charged bed days, for both the department	68516
and community correctional facilities, from the previous year.	68517

(c) The department shall divide the statewide total number of	68518
charged bed days by the statewide total number of felony	68519
adjudications, which quotient shall then be multiplied by a factor	68520
determined by the department.	68521

(d) The department shall calculate the county's allocation of	68522
credits by multiplying the number of adjudications for each court	68523
by the result determined pursuant to division (C)(1)(c) of this	68524
section.	68525

(2) The department shall subtract from the allocation	68526
determined pursuant to division (C)(1) of this section a credit	68527
for every chargeable bed day a youth stays in a department	68528
institution and two-thirds of credit for every chargeable bed day	68529
a youth stays in a community correctional facility, except for	68530
public safety beds. At the end of the year, the department shall	68531
divide the amount of remaining credits of that county's allocation	68532
by the total number of remaining credits to all counties, to	68533
determine the county's percentage, which shall then be applied to	68534
the total county allocation to determine the county's payment for	68535
the fiscal year.	68536

(3) The department shall pay counties three times during the	68537
fiscal year to allow for credit reporting and audit adjustments,	68538
and modifications to the appropriated line item for the care and	68539
custody of felony delinquents, as described in this section. The	68540
department shall pay fifty per cent of the payment by the	68541
fifteenth of July of each fiscal year, twenty-five per cent by the	68542
fifteenth of January of that fiscal year, and twenty-five per cent	68543
of the payment by the fifteenth of June of that fiscal year.	68544

~~(D) In fiscal year 2004, the payment of county juvenile~~	68545
~~programs shall be based on the following procedure:~~	68546

~~(1) The department shall divide the funding earned by each~~	68547
~~court in fiscal year 2003 by the aggregate funding of all courts,~~	68548
~~resulting in a percentage.~~	68549

~~(2) The department shall apply the percentage determined~~	68550
~~under division (D)(1) of this section to the total county juvenile~~	68551
~~program allocation for fiscal year 2004 to determine each court's~~	68552
~~total payment.~~	68553

~~(3) The department shall make payments in accordance with the~~	68554
~~schedule established in division (C)(3) of this section.~~	68555

Sec. 5139.43. (A) The department of youth services shall	68556
operate a felony delinquent care and custody program that shall be	68557
operated in accordance with the formula developed pursuant to	68558
section 5139.41 of the Revised Code, subject to the conditions	68559
specified in this section.	68560

(B)(1) Each juvenile court shall use the moneys disbursed to	68561
it by the department of youth services pursuant to division (B) of	68562
section 5139.41 of the Revised Code in accordance with the	68563
applicable provisions of division (B)(2) of this section and shall	68564
transmit the moneys to the county treasurer for deposit in	68565
accordance with this division. The county treasurer shall create	68566
in the county treasury a fund that shall be known as the felony	68567
delinquent care and custody fund and shall deposit in that fund	68568
the moneys disbursed to the juvenile court pursuant to division	68569
(B) of section 5139.41 of the Revised Code. The county treasurer	68570
also shall deposit into that fund the state subsidy funds granted	68571
to the county pursuant to section 5139.34 of the Revised Code. The	68572
moneys disbursed to the juvenile court pursuant to division (B) of	68573
section 5139.41 of the Revised Code and deposited pursuant to this	68574
division in the felony delinquent care and custody fund shall not	68575
be commingled with any other county funds except state subsidy	68576
funds granted to the county pursuant to section 5139.34 of the	68577
Revised Code; shall not be used for any capital construction	68578
projects; upon an order of the juvenile court and subject to	68579
appropriation by the board of county commissioners, shall be	68580
disbursed to the juvenile court for use in accordance with the	68581
applicable provisions of division (B)(2) of this section; shall	68582
not revert to the county general fund at the end of any fiscal	68583
year; and shall carry over in the felony delinquent care and	68584
custody fund from the end of any fiscal year to the next fiscal	68585
year. The maximum balance carry-over at the end of each respective	68586
fiscal year in the felony delinquent care and custody fund in any	68587
county from funds allocated to the county pursuant to sections	68588
5139.34 and 5139.41 of the Revised Code in the previous fiscal	68589
year shall not exceed an amount to be calculated as provided in	68590
the formula set forth in this division, unless that county has	68591
applied for and been granted an exemption by the director of youth	68592
services. Beginning June 30, 2008, the maximum balance carry-over	68593
at the end of each respective fiscal year shall be determined by	68594
the following formula: for fiscal year 2008, the maximum balance	68595
carry-over shall be one hundred per cent of the allocation for	68596
fiscal year 2007, to be applied in determining the fiscal year	68597
2009 allocation; for fiscal year 2009, it shall be fifty per cent	68598
of the allocation for fiscal year 2008, to be applied in	68599
determining the fiscal year 2010 allocation; for fiscal year 2010,	68600
it shall be twenty-five per cent of the allocation for fiscal year	68601
2009, to be applied in determining the fiscal year 2011	68602
allocation; and for each fiscal year subsequent to fiscal year	68603
2010, it shall be twenty-five per cent of the allocation for the	68604
immediately preceding fiscal year, to be applied in determining	68605
the allocation for the next immediate fiscal year. The department	68606
shall withhold from future payments to a county an amount equal to	68607
any moneys in the felony delinquent care and custody fund of the	68608
county that exceed the total maximum balance carry-over that	68609
applies for that county for the fiscal year in which the payments	68610
are being made and shall reallocate the withheld amount. The	68611
department shall adopt rules for the withholding and reallocation	68612
of moneys disbursed under sections 5139.34 and 5139.41 of the	68613
Revised Code and for the criteria and process for a county to	68614
obtain an exemption from the withholding requirement. The moneys	68615
disbursed to the juvenile court pursuant to division (B) of	68616
section 5139.41 of the Revised Code and deposited pursuant to this	68617
division in the felony delinquent care and custody fund shall be	68618
in addition to, and shall not be used to reduce, any usual annual	68619
increase in county funding that the juvenile court is eligible to	68620
receive or the current level of county funding of the juvenile	68621
court and of any programs or services for delinquent children,	68622
unruly children, or juvenile traffic offenders.	68623

(2)(a) A county and the juvenile court that serves the county	68624
shall use the moneys in its felony delinquent care and custody	68625
fund in accordance with rules that the department of youth	68626
services adopts pursuant to division (D) of section 5139.04 of the	68627
Revised Code and as follows:	68628

(i) The moneys in the fund that represent state subsidy funds	68629
granted to the county pursuant to section 5139.34 of the Revised	68630
Code shall be used to aid in the support of prevention, early	68631
intervention, diversion, treatment, and rehabilitation programs	68632
that are provided for alleged or adjudicated unruly children or	68633
delinquent children or for children who are at risk of becoming	68634
unruly children or delinquent children. The county shall not use	68635
for capital improvements more than fifteen per cent of the moneys	68636
in the fund that represent the applicable annual grant of those	68637
state subsidy funds.	68638

(ii) The moneys in the fund that were disbursed to the	68639
juvenile court pursuant to division (B) of section 5139.41 of the	68640
Revised Code and deposited pursuant to division (B)(1) of this	68641
section in the fund shall be used to provide programs and services	68642
for the training, treatment, or rehabilitation of felony	68643
delinquents that are alternatives to their commitment to the	68644
department, including, but not limited to, community residential	68645
programs, day treatment centers, services within the home, and	68646
electronic monitoring, and shall be used in connection with	68647
training, treatment, rehabilitation, early intervention, or other	68648
programs or services for any delinquent child, unruly child, or	68649
juvenile traffic offender who is under the jurisdiction of the	68650
juvenile court.	68651

The fund also may be used for prevention, early intervention,	68652
diversion, treatment, and rehabilitation programs that are	68653
provided for alleged or adjudicated unruly children, delinquent	68654
children, or juvenile traffic offenders or for children who are at	68655
risk of becoming unruly children, delinquent children, or juvenile	68656
traffic offenders. Consistent with division (B)(1) of this	68657
section, a county and the juvenile court of a county shall not use	68658
any of those moneys for capital construction projects.	68659

(iii) Moneys in the fund shall not be used to support	68660
programs or services that do not comply with federal juvenile	68661
justice and delinquency prevention core requirements or to support	68662
programs or services that research has shown to be ineffective.	68663
~~Moneys in the fund shall be prioritized to research-supported~~	68664
Research-supported, outcome-based programs and services, to the	68665
extent they are available, shall be encouraged.	68666

(iv) The county and the juvenile court that serves the county	68667
may use moneys in the fund to provide out-of-home placement of	68668
children only in detention centers, community rehabilitation	68669
centers, or community corrections facilities approved by the	68670
department pursuant to standards adopted by the department,	68671
licensed by an authorized state agency, or accredited by the	68672
American correctional association or another national organization	68673
recognized by the department.	68674

(b) Each juvenile court shall comply with division (B)(3)(d)	68675
of this section as implemented by the department. If a juvenile	68676
court fails to comply with division (B)(3)(d) of this section, the	68677
department shall not be required to make any disbursements in	68678
accordance with division (C) ~~or (D)~~ of section 5139.41 or division	68679
(C)(2) of section 5139.34 of the Revised Code.	68680

(3) In accordance with rules adopted by the department	68681
pursuant to division (D) of section 5139.04 of the Revised Code,	68682
each juvenile court and the county served by that juvenile court	68683
shall do all of the following that apply:	68684

(a) The juvenile court shall prepare an annual grant	68685
agreement and application for funding that satisfies the	68686
requirements of this section and section 5139.34 of the Revised	68687
Code and that pertains to the use, upon an order of the juvenile	68688
court and subject to appropriation by the board of county	68689
commissioners, of the moneys in its felony delinquent care and	68690
custody fund for specified programs, care, and services as	68691
described in division (B)(2)(a) of this section, shall submit that	68692
agreement and application to the county family and children first	68693
council, the regional family and children first council, or the	68694
local intersystem services to children cluster as described in	68695
sections 121.37 and 121.38 of the Revised Code, whichever is	68696
applicable, and shall file that agreement and application with the	68697
department for its approval. The annual grant agreement and	68698
application for funding shall include a method of ensuring equal	68699
access for minority youth to the programs, care, and services	68700
specified in it.	68701

The department may approve an annual grant agreement and	68702
application for funding only if the juvenile court involved has	68703
complied with the preparation, submission, and filing requirements	68704
described in division (B)(3)(a) of this section. If the juvenile	68705
court complies with those requirements and the department approves	68706
that agreement and application, the juvenile court and the county	68707
served by the juvenile court may expend the state subsidy funds	68708
granted to the county pursuant to section 5139.34 of the Revised	68709
Code only in accordance with division (B)(2)(a) of this section,	68710
the rules pertaining to state subsidy funds that the department	68711
adopts pursuant to division (D) of section 5139.04 of the Revised	68712
Code, and the approved agreement and application.	68713

(b) By the thirty-first day of August of each year, the	68714
juvenile court shall file with the department a report that	68715
contains all of the statistical and other information for each	68716
month of the prior state fiscal year. If the juvenile court fails	68717
to file the report required by division (B)(3)(b) of this section	68718
by the thirty-first day of August of any year, the department	68719
shall not disburse any payment of state subsidy funds to which the	68720
county otherwise is entitled pursuant to section 5139.34 of the	68721
Revised Code and shall not disburse pursuant to division (B) of	68722
section 5139.41 of the Revised Code the applicable allocation	68723
until the juvenile court fully complies with division (B)(3)(b) of	68724
this section.	68725

(c) If the department requires the juvenile court to prepare	68726
monthly statistical reports and to submit the reports on forms	68727
provided by the department, the juvenile court shall file those	68728
reports with the department on the forms so provided. If the	68729
juvenile court fails to prepare and submit those monthly	68730
statistical reports within the department's timelines, the	68731
department shall not disburse any payment of state subsidy funds	68732
to which the county otherwise is entitled pursuant to section	68733
5139.34 of the Revised Code and shall not disburse pursuant to	68734
division (B) of section 5139.41 of the Revised Code the applicable	68735
allocation until the juvenile court fully complies with division	68736
(B)(3)(c) of this section. If the juvenile court fails to prepare	68737
and submit those monthly statistical reports within one hundred	68738
eighty days of the date the department establishes for their	68739
submission, the department shall not disburse any payment of state	68740
subsidy funds to which the county otherwise is entitled pursuant	68741
to section 5139.34 of the Revised Code and shall not disburse	68742
pursuant to division (B) of section 5139.41 of the Revised Code	68743
the applicable allocation, and the state subsidy funds and the	68744
remainder of the applicable allocation shall revert to the	68745
department. If a juvenile court states in a monthly statistical	68746
report that the juvenile court adjudicated within a state fiscal	68747
year five hundred or more children to be delinquent children for	68748
committing acts that would be felonies if committed by adults and	68749
if the department determines that the data in the report may be	68750
inaccurate, the juvenile court shall have an independent auditor	68751
or other qualified entity certify the accuracy of the data on a	68752
date determined by the department.	68753

(d) If the department requires the juvenile court and the	68754
county to participate in a fiscal monitoring program or another	68755
monitoring program that is conducted by the department to ensure	68756
compliance by the juvenile court and the county with division (B)	68757
of this section, the juvenile court and the county shall	68758
participate in the program and fully comply with any guidelines	68759
for the performance of audits adopted by the department pursuant	68760
to that program and all requests made by the department pursuant	68761
to that program for information necessary to reconcile fiscal	68762
accounting. If an audit that is performed pursuant to a fiscal	68763
monitoring program or another monitoring program described in this	68764
division determines that the juvenile court or the county used	68765
moneys in the county's felony delinquent care and custody fund for	68766
expenses that are not authorized under division (B) of this	68767
section, within forty-five days after the department notifies the	68768
county of the unauthorized expenditures, the county either shall	68769
repay the amount of the unauthorized expenditures from the county	68770
general revenue fund to the state's general revenue fund or shall	68771
file a written appeal with the department. If an appeal is timely	68772
filed, the director of the department shall render a decision on	68773
the appeal and shall notify the appellant county or its juvenile	68774
court of that decision within forty-five days after the date that	68775
the appeal is filed. If the director denies an appeal, the	68776
county's fiscal agent shall repay the amount of the unauthorized	68777
expenditures from the county general revenue fund to the state's	68778
general revenue fund within thirty days after receiving the	68779
director's notification of the appeal decision.	68780

(C) The determination of which county a reduction of the care	68781
and custody allocation will be charged against for a particular	68782
youth shall be made as outlined below for all youths who do not	68783
qualify as public safety beds. The determination of which county a	68784
reduction of the care and custody allocation will be charged	68785
against shall be made as follows until each youth is released:	68786

(1) In the event of a commitment, the reduction shall be	68787
charged against the committing county.	68788

(2) In the event of a recommitment, the reduction shall be	68789
charged against the original committing county until the	68790
expiration of the minimum period of institutionalization under the	68791
original order of commitment or until the date on which the youth	68792
is admitted to the department of youth services pursuant to the	68793
order of recommitment, whichever is later. Reductions of the	68794
allocation shall be charged against the county that recommitted	68795
the youth after the minimum expiration date of the original	68796
commitment.	68797

(3) In the event of a revocation of a release on parole, the	68798
reduction shall be charged against the county that revokes the	68799
youth's parole.	68800

(D) A juvenile court is not precluded by its allocation	68801
amount for the care and custody of felony delinquents from	68802
committing a felony delinquent to the department of youth services	68803
for care and custody in an institution or a community corrections	68804
facility when the juvenile court determines that the commitment is	68805
appropriate.	68806

Sec. 5139.511. Before a youth is released from a secure	68807
facility under the control of the department of youth services,	68808
the department of youth services shall attempt to verify the	68809
youth's identification and social security number. If the	68810
department is able to verify the youth's identity with a verified	68811
birth certificate and social security number, the department shall	68812
issue an identification card that the youth may present to the	68813
registrar or deputy registrar of motor vehicles. If the department	68814
is not able to verify the youth's identity with both a verified	68815
birth certificate and social security number, the youth shall not	68816
receive an identification card under this section.	68817

Sec. 5149.311. (A) The department of rehabilitation and	68818
correction shall establish and administer the probation	68819
improvement grant and the probation incentive grant for ~~court of~~	68820
~~common pleas~~ probation departments that supervise ~~felony~~ offenders	68821
sentenced by courts of common pleas or municipal courts.	68822

(B)(1) The probation improvement grant shall provide funding	68823
to court ~~of common pleas~~ probation departments to adopt policies	68824
and practices based on the latest research on how to reduce the	68825
number of ~~felony~~ offenders on probation supervision who violate	68826
the conditions of their supervision.	68827

(2) The department shall adopt rules for the distribution of	68828
the probation improvement grant, including the formula for the	68829
allocation of the subsidy based on the number of ~~felony~~ offenders	68830
placed on probation annually in each jurisdiction.	68831

(C)(1) The probation incentive grant shall provide a	68832
performance-based level of funding to court ~~of common pleas~~	68833
probation departments that are successful in reducing the number	68834
of felony offenders on probation supervision whose terms of	68835
supervision are revoked.	68836

(2) The department shall calculate annually any cost savings	68837
realized by the state from a reduction in the percentage of people	68838
who are incarcerated because their terms of supervised probation	68839
were revoked. The cost savings estimate shall be calculated for	68840
each ~~county~~jurisdiction served by the probation department	68841
eligible for a grant under this section and be based on the	68842
difference from fiscal year 2010 and the fiscal year under	68843
examination.	68844

(3) The department shall adopt rules that specify the subsidy	68845
amount to be appropriated to court ~~of common pleas~~ probation	68846
departments that successfully reduce the percentage of people on	68847
probation who are incarcerated because their terms of supervision	68848
are revoked.	68849

(D) The following stipulations apply to both the probation	68850
improvement grant and the probation incentive grant:	68851

(1) In order to be eligible for the probation improvement	68852
grant and the probation incentive grant, courts of common pleas	68853
must satisfy all requirements under sections 2301.27 and 2301.30	68854
of the Revised Code ~~and, except~~. Except for sentencing decisions	68855
made by a court when use of the risk assessment tool is	68856
discretionary, in order to be eligible for the probation	68857
improvement grant and the probation incentive grant, a court must	68858
utilize the single validated risk assessment tool selected by the	68859
department of rehabilitation and correction under section 5120.114	68860
of the Revised Code.	68861

(2) The department may deny a subsidy under this section to	68862
any applicant if the applicant fails to comply with the terms of	68863
any agreement entered into pursuant to any of the provisions of	68864
this section.	68865

(3) The department shall evaluate or provide for the	68866
evaluation of the policies, practices, and programs the court of	68867
~~common pleas~~ probation departments utilize with the programs of	68868
subsidies established under this section and establish means of	68869
measuring their effectiveness.	68870

(4) The department shall specify the policies, practices, and	68871
programs for which court ~~of common pleas~~ probation departments may	68872
use the program subsidy and shall establish minimum standards of	68873
quality and efficiency that recipients of the subsidy must follow.	68874
The department shall give priority to supporting evidence-based	68875
policies and practices, as defined by the department.	68876

Sec. 5155.14. At the request of the superintendent or	68877
administrator of the county home, the board of county	68878
commissioners or operator shall set apart from the county home	68879
fund, a reserve fund not to exceed ~~four hundred~~five thousand	68880
dollars at any time, which, upon the order of the board or	68881
operator shall be paid to the superintendent or administrator and	68882
expended as needed for emergency supplies and expenses. The	68883
superintendent or administrator shall keep an accurate account of	68884
the reserve fund, in a book to be provided at the expense of the	68885
county for that purpose, and all expenditures from it shall be	68886
audited by the board or operator. The county home fund shall be	68887
reimbursed by the superintendent or administrator, in full, for	68888
any items expended by the superintendent or administrator from the	68889
reserve fund, which items are not allowed by the board or	68890
operator. When, and as often as such amount is entirely disbursed,	68891
on the order of the board or operator, the county auditor shall	68892
pay to the superintendent or administrator the amount so	68893
appropriated.	68894

Sec. 5501.04. ~~The following divisions are hereby established~~	68895
~~in the department of transportation:~~	68896

~~(A) The division of business services;~~

68897

~~(B) The division of engineering policy;~~

68898

~~(C) The division of finance;~~

68899

~~(D) The division of human resources;~~

68900

~~(E) The division of information technology;~~

68901

~~(F) The division of multi-modal planning and programs;~~

68902

~~(G) The division of project management;~~

68903

~~(H) The division of equal opportunity.~~

68904

~~The~~Pursuant to section 5501.02 of the Revised Code, the	68905
director of transportation shall distribute the duties, powers,	68906
and functions of the department among the divisions of the	68907
department.	68908

Each division shall be headed by a deputy director, whose	68909
title shall be designated by the director, and shall include those	68910
other officers and employees as may be necessary to carry out the	68911
work of the division. ~~The director shall appoint the~~Each deputy	68912
director of each division~~, who~~ shall be in the unclassified civil	68913
service of the state and shall serve at the pleasure of the	68914
director. The director ~~shall supervise the work of each division~~	68915
~~and~~ shall be responsible for the determination of general policies	68916
in the performance of the duties, powers, and functions of the	68917
department and of each division. The director shall have complete	68918
executive charge of the department, shall be responsible for the	68919
organization, direction, and supervision of the work of the	68920
department and the performance of the duties, powers, and	68921
functions assigned to each division, and may establish necessary	68922
administrative units therein. ~~The~~Each deputy director of each	68923
division, with the approval of the director and subject to Chapter	68924
124. of the Revised Code, shall appoint the necessary employees of	68925
the division and may remove such employees for cause.	68926

~~The division of equal opportunity shall ensure that minority~~	68927
~~groups and all groups protected by state and federal civil rights~~	68928
~~laws are afforded equal opportunity to be recruited, trained, and~~	68929
~~work in the employment of or on projects of the department of~~	68930
~~transportation, and to participate in contracts awarded by the~~	68931
~~department. The director of transportation each year shall report~~	68932
~~to the governor and the general assembly on the division's~~	68933
~~activities and accomplishments.~~	68934

Sec. 5501.07. In addition to those duties, powers, and	68935
functions the director of transportation assigns to it, the office	68936
of ~~public transportation of the division of multi-modal planning~~	68937
~~and programs~~transit:	68938

(A) May issue grants from any public transportation grant	68939
appropriation to county transit boards, regional transit	68940
authorities, regional transit commissions, counties, municipal	68941
corporations, and private nonprofit organizations that operate or	68942
will operate a public transportation system.	68943

The director shall establish criteria for the distribution of	68944
such grants. These criteria may include and the director may	68945
consider each of the following:	68946

(1) The degree to which comprehensive regional transportation	68947
planning goals may be attained through a program for which a grant	68948
will be used;	68949

(2) The amount of local financial or other support of public	68950
transportation operations and facilities affected by the program;	68951

(3) The levels of existing service and fare;

68952

(4) The degree to which the proposed plan demonstrates	68953
approaches of potential value to other local transit boards,	68954
authorities, commissions, counties, municipal corporations, and	68955
private nonprofit organizations operating public transportation	68956
systems;	68957

(5) The degree to which the grant applicant will use state	68958
and local funds to match a federal grant;	68959

(6) Such other factors as the director determines.

68960

Any criteria established by the director for the distribution	68961
of such grants shall be consistent with the requirements of the	68962
United States department of transportation, or any administration	68963
in the department, including, but not limited to, the federal	68964
transit administration. The director may designate in the criteria	68965
certain dates after which applications for specified portions of	68966
the appropriations made for this purpose will not be accepted.	68967

(B) May issue grants from any elderly and handicapped transit	68968
fare assistance grant appropriation to county transit boards,	68969
regional transit authorities, regional transit commissions,	68970
counties, municipal corporations, and private nonprofit	68971
organizations that operate or will operate public transportation	68972
systems for the purpose of reducing the transit or paratransit	68973
fares of elderly or handicapped persons. The director shall	68974
establish criteria for the distribution of such grants.	68975

(C) May administer provisions of federal public	68976
transportation acts or programs applicable within the state,	68977
pursuant to an agreement entered into by the director with an	68978
appropriate official of the federal agency responsible for	68979
implementation of the federal acts or programs. The federal acts	68980
or programs shall include, but are not limited to, programs	68981
authorized under the "Act of July 5, 1994," 108 Stat. 785, 49	68982
U.S.C.A. 5301, as amended.	68983

(D) Shall furnish, upon request and within the limits of	68984
appropriated funds, guidance in technical or policy matters to a	68985
county transit board, regional transit authority, regional transit	68986
commission, county, municipal corporation, or private nonprofit	68987
organization that operates or proposes to operate a public	68988
transportation system, and provide assistance and liaison in the	68989
preparation and submission of applications for federal and state	68990
funds;	68991

(E) May apply for and accept grants or loans from any federal	68992
agency for the purpose of providing for the development or	68993
improvement of public transportation facilities or for the	68994
coordination of any activities related to the development or	68995
improvement of such facilities, and may provide any consideration	68996
from any public transportation grant appropriation and enter into	68997
any contracts that may be required in order to obtain such grants	68998
or loans from a federal agency.	68999

Sec. 5502.01. (A) The department of public safety shall	69000
administer and enforce the laws relating to the registration,	69001
licensing, sale, and operation of motor vehicles and the laws	69002
pertaining to the licensing of drivers of motor vehicles.	69003

The department shall compile, analyze, and publish statistics	69004
relative to motor vehicle accidents and the causes of them,	69005
prepare and conduct educational programs for the purpose of	69006
promoting safety in the operation of motor vehicles on the	69007
highways, and conduct research and studies for the purpose of	69008
promoting safety on the highways of this state.	69009

(B) The department shall administer the laws and rules	69010
relative to trauma and emergency medical services specified in	69011
Chapter 4765. of the Revised Code and any laws and rules relative	69012
to commercial medical transportation services as may be specified	69013
in Chapter 4766. of the Revised Code.	69014

(C) The department shall administer and enforce the laws	69015
contained in Chapters 4301. and 4303. of the Revised Code and	69016
enforce the rules and orders of the liquor control commission	69017
pertaining to retail liquor permit holders.	69018

(D) The department shall administer the laws governing the	69019
state emergency management agency and shall enforce all additional	69020
duties and responsibilities as prescribed in the Revised Code	69021
related to emergency management services.	69022

(E) The department shall conduct investigations pursuant to	69023
Chapter 5101. of the Revised Code in support of the duty of the	69024
department of job and family services to administer the	69025
supplemental nutrition assistance program throughout this state.	69026
The department of public safety shall conduct investigations	69027
necessary to protect the state's property rights and interests in	69028
the supplemental nutrition assistance program.	69029

(F) The department of public safety shall enforce compliance	69030
with orders and rules of the public utilities commission and	69031
applicable laws in accordance with Chapters ~~4919.~~4905., 4921.,	69032
and 4923. of the Revised Code regarding commercial motor vehicle	69033
transportation safety, economic, and hazardous materials	69034
requirements.	69035

(G) Notwithstanding Chapter 4117. of the Revised Code, the	69036
department of public safety may establish requirements for its	69037
enforcement personnel, including its enforcement agents described	69038
in section 5502.14 of the Revised Code, that include standards of	69039
conduct, work rules and procedures, and criteria for eligibility	69040
as law enforcement personnel.	69041

(H) The department shall administer, maintain, and operate	69042
the Ohio criminal justice network. The Ohio criminal justice	69043
network shall be a computer network that supports state and local	69044
criminal justice activities. The network shall be an electronic	69045
repository for various data, which may include arrest warrants,	69046
notices of persons wanted by law enforcement agencies, criminal	69047
records, prison inmate records, stolen vehicle records, vehicle	69048
operator's licenses, and vehicle registrations and titles.	69049

(I) The department shall coordinate all homeland security	69050
activities of all state agencies and shall be a liaison between	69051
state agencies and local entities for those activities and related	69052
purposes.	69053

(J) Beginning July 1, 2004, the department shall administer	69054
and enforce the laws relative to private investigators and	69055
security service providers specified in Chapter 4749. of the	69056
Revised Code.	69057

(K) The department shall administer criminal justice services	69058
in accordance with sections 5502.61 to 5502.66 of the Revised	69059
Code.	69060

Sec. 5502.011. (A) As used in this section, "department of	69061
public safety" and "department" include all divisions within the	69062
department of public safety.	69063

(B) The director ~~of the department~~ of public safety is the	69064
chief executive and administrative officer of the department. The	69065
director may establish policies governing the department, the	69066
performance of its employees and officers, the conduct of its	69067
business, and the custody, use, and preservation of departmental	69068
records, papers, books, documents, and property. The director also	69069
may authorize and approve investigations to be conducted by any of	69070
the department's divisions. Whenever the Revised Code imposes a	69071
duty upon or requires an action of the department, the director	69072
may perform the action or duty in the name of the department or	69073
direct such performance to be performed by the director's	69074
designee.	69075

(C) In addition to any other duties enumerated in the Revised	69076
Code, the director or the director's designee shall do all of the	69077
following:	69078

(1) Administer and direct the performance of the duties of	69079
the department;	69080

(2) Pursuant to Chapter 119. of the Revised Code, approve,	69081
adopt, and prescribe such forms and rules as are necessary to	69082
carry out the duties of the department;	69083

(3) On behalf of the department and in addition to any	69084
authority the Revised Code otherwise grants to the department,	69085
have the authority and responsibility for approving and entering	69086
into contracts, agreements, and other business arrangements;	69087

(4) Make appointments for the department as needed to comply	69088
with requirements of the Revised Code;	69089

(5) Approve employment actions of the department, including	69090
appointments, promotions, discipline, investigations, and	69091
terminations;	69092

(6) Accept, hold, and use, for the benefit of the department,	69093
any gift, donation, bequest, or devise, and may agree to and	69094
perform all conditions of the gift, donation, bequest, or devise,	69095
that are not contrary to law;	69096

(7) Apply for, allocate, disburse, and account for grants	69097
made available under federal law or from other federal, state, or	69098
private sources;	69099

(8) Do all other acts necessary or desirable to carry out	69100
this chapter.	69101

(D)(1) The director of public safety may assess a reasonable	69102
fee, plus the amount of any charge or fee passed on from a	69103
financial institution, on a drawer or indorser for each of the	69104
following:	69105

(a) A check, draft, or money order that is returned or	69106
dishonored;	69107

(b) An automatic bank transfer that is declined, due to	69108
insufficient funds or for any other reason;	69109

(c) Any financial transaction device that is returned or	69110
dishonored for any reason.	69111

(2) The director shall deposit any fee collected under this	69112
division in an appropriate fund as determined by the director	69113
based on the tax, fee, or fine being paid.	69114

(3) As used in this division, "financial transaction device"	69115
has the same meaning as in section 113.40 of the Revised Code.	69116

(E) The director shall establish a homeland security advisory	69117
council to advise the director on homeland security, including	69118
homeland security funding efforts. The advisory council shall	69119
include, but not be limited to, state and local government	69120
officials who have homeland security or emergency management	69121
responsibilities and who represent first responders. The director	69122
shall appoint the members of the council, who shall serve without	69123
compensation.	69124

~~(F) The director of public safety shall adopt rules in~~	69125
~~accordance with Chapter 119. of the Revised Code as required by~~	69126
~~section 2909.28 of the Revised Code and division (A)(1) of section~~	69127
~~2909.32 of the Revised Code. The director shall adopt rules as~~	69128
~~required by division (D) of section 2909.32 of the Revised Code,~~	69129
~~division (E) of section 2909.33 of the Revised Code, and division~~	69130
~~(D) of section 2909.34 of the Revised Code. The director may adopt~~	69131
~~rules pursuant to division (A)(2) of section 2909.32 of the~~	69132
~~Revised Code, division (A)(2) of section 2909.33 of the Revised~~	69133
~~Code, and division (A)(2) of section 2909.34 of the Revised Code.~~	69134

~~Sec. 5503.21.~~ Sec. 5502.05. There is hereby created in the	69135
department of public safety, ~~division of state highway patrol,~~ a	69136
driver's license examination section ~~to be administered by the~~	69137
~~superintendent of the state highway patrol~~.	69138

The ~~superintendent, with the approval of the~~ director of	69139
public safety, may appoint necessary driver's license examiners	69140
and clerical personnel necessary to carry out the duties assigned	69141
under this section. The examiners shall be citizens of the United	69142
States and residents of the state and shall have such additional	69143
qualifications as the ~~superintendent, with the approval of the~~	69144
director, prescribes.	69145

The salaries and classifications of examiners and personnel	69146
shall be fixed in accordance with section 124.15 or 124.152 of the	69147
Revised Code.	69148

~~Sec. 5503.22.~~ Sec. 5502.06. Driver's license examiners assigned to	69149
the driver's license examination section shall conduct all	69150
examinations for driver's licenses as required by sections 4507.01	69151
to 4507.36 of the Revised Code, subject to the ~~regulations~~rules	69152
issued by the registrar of motor vehicles.	69153

~~Sec. 5503.23.~~ Sec. 5502.07. The ~~superintendent of the state~~	69154
~~highway patrol, with the approval of the~~ director of public	69155
safety, may conduct training schools for prospective driver's	69156
license examiners~~. The superintendent~~and may establish rules	69157
governing the qualifications for admission to such schools and	69158
provide for competitive examinations to determine the fitness of	69159
such students for prospective examiners, not inconsistent with the	69160
rules of the director of administrative services.	69161

Sec. 5503.02. (A) The state highway patrol shall enforce the	69162
laws of the state relating to the titling, registration, and	69163
licensing of motor vehicles; enforce on all roads and highways,	69164
notwithstanding section 4513.39 of the Revised Code, the laws	69165
relating to the operation and use of vehicles on the highways;	69166
enforce and prevent the violation of the laws relating to the	69167
size, weight, and speed of commercial motor vehicles and all laws	69168
designed for the protection of the highway pavements and	69169
structures on the highways; investigate and enforce rules and laws	69170
of the public utilities commission governing the transportation of	69171
persons and property by motor carriers and report violations of	69172
such rules and laws to the commission; enforce against any motor	69173
~~transportation company~~carrier as defined in section ~~4921.02~~	69174
4923.01 of the Revised Code~~, any contract carrier by motor vehicle~~	69175
~~as defined in section 4923.02 of the Revised Code, any private~~	69176
~~motor carrier as defined in section 4923.20 of the Revised Code,~~	69177
~~and any motor carrier as defined in section 4919.75 of the Revised~~	69178
~~Code~~ those rules and laws that, if violated, may result in a	69179
forfeiture as provided in section ~~4905.83, 4919.99, 4921.99, or~~	69180
4923.99 of the Revised Code; investigate and report violations of	69181
all laws relating to the collection of excise taxes on motor	69182
vehicle fuels; and regulate the movement of traffic on the roads	69183
and highways of the state, notwithstanding section 4513.39 of the	69184
Revised Code.	69185

The patrol, whenever possible, shall determine the identity	69186
of the persons who are causing or who are responsible for the	69187
breaking, damaging, or destruction of any improved surfaced	69188
roadway, structure, sign, marker, guardrail, or other appurtenance	69189
constructed or maintained by the department of transportation and	69190
shall arrest the persons who are responsible for the breaking,	69191
damaging, or destruction and bring them before the proper	69192
officials for prosecution.	69193

State highway patrol troopers shall investigate and report	69194
all motor vehicle accidents on all roads and highways outside of	69195
municipal corporations. The superintendent of the patrol or any	69196
state highway patrol trooper may arrest, without a warrant, any	69197
person, who is the driver of or a passenger in any vehicle	69198
operated or standing on a state highway, whom the superintendent	69199
or trooper has reasonable cause to believe is guilty of a felony,	69200
under the same circumstances and with the same power that any	69201
peace officer may make such an arrest.	69202

The superintendent or any state highway patrol trooper may	69203
enforce the criminal laws on all state properties and state	69204
institutions, owned or leased by the state, and, when so ordered	69205
by the governor in the event of riot, civil disorder, or	69206
insurrection, may, pursuant to sections 2935.03 to 2935.05 of the	69207
Revised Code, arrest offenders against the criminal laws wherever	69208
they may be found within the state if the violations occurred	69209
upon, or resulted in injury to person or property on, state	69210
properties or state institutions, or under the conditions	69211
described in division (B) of this section. This authority of the	69212
superintendent and any state highway patrol trooper to enforce the	69213
criminal laws shall extend to the Lake Erie Correctional	69214
Institution, to the same extent as if that prison were owned by	69215
this state.	69216

(B) In the event of riot, civil disorder, or insurrection, or	69217
the reasonable threat of riot, civil disorder, or insurrection,	69218
and upon request, as provided in this section, of the sheriff of a	69219
county or the mayor or other chief executive of a municipal	69220
corporation, the governor may order the state highway patrol to	69221
enforce the criminal laws within the area threatened by riot,	69222
civil disorder, or insurrection, as designated by the governor,	69223
upon finding that law enforcement agencies within the counties	69224
involved will not be reasonably capable of controlling the riot,	69225
civil disorder, or insurrection and that additional assistance is	69226
necessary. In cities in which the sheriff is under contract to	69227
provide exclusive police services pursuant to section 311.29 of	69228
the Revised Code, in villages, and in the unincorporated areas of	69229
the county, the sheriff has exclusive authority to request the use	69230
of the patrol. In cities in which the sheriff does not exclusively	69231
provide police services, the mayor, or other chief executive	69232
performing the duties of mayor, has exclusive authority to request	69233
the use of the patrol.	69234

The superintendent or any state highway patrol trooper may	69235
enforce the criminal laws within the area designated by the	69236
governor during the emergency arising out of the riot, civil	69237
disorder, or insurrection until released by the governor upon	69238
consultation with the requesting authority. State highway patrol	69239
troopers shall never be used as peace officers in connection with	69240
any strike or labor dispute.	69241

When a request for the use of the patrol is made pursuant to	69242
this division, the requesting authority shall notify the law	69243
enforcement authorities in contiguous communities and the sheriff	69244
of each county within which the threatened area, or any part of	69245
the threatened area, lies of the request, but the failure to	69246
notify the authorities or a sheriff shall not affect the validity	69247
of the request.	69248

(C) Any person who is arrested by the superintendent or a	69249
state highway patrol trooper shall be taken before any court or	69250
magistrate having jurisdiction of the offense with which the	69251
person is charged. Any person who is arrested or apprehended	69252
within the limits of a municipal corporation shall be brought	69253
before the municipal court or other tribunal of the municipal	69254
corporation.	69255

(D)(1) State highway patrol troopers have the same right and	69256
power of search and seizure as other peace officers.	69257

No state official shall command, order, or direct any state	69258
highway patrol trooper to perform any duty or service that is not	69259
authorized by law. The powers and duties conferred on the patrol	69260
are supplementary to, and in no way a limitation on, the powers	69261
and duties of sheriffs or other peace officers of the state.	69262

(2)(a) A state highway patrol trooper, pursuant to the policy	69263
established by the superintendent of the state highway patrol	69264
under division (D)(2)(b) of this section, may render emergency	69265
assistance to any other peace officer who has arrest authority	69266
under section 2935.03 of the Revised Code, if both of the	69267
following apply:	69268

(i) There is a threat of imminent physical danger to the	69269
peace officer, a threat of physical harm to another person, or any	69270
other serious emergency situation;	69271

(ii) Either the peace officer requests emergency assistance,	69272
or it appears that the peace officer is unable to request	69273
emergency assistance and the circumstances observed by the state	69274
highway patrol trooper reasonably indicate that emergency	69275
assistance is appropriate, or the peace officer requests emergency	69276
assistance and in the request the peace officer specifies a	69277
particular location and the state highway patrol trooper arrives	69278
at that location prior to the time that the peace officer arrives	69279
at that location and the circumstances observed by the state	69280
highway patrol trooper reasonably indicate that emergency	69281
assistance is appropriate.	69282

(b) The superintendent of the state highway patrol shall	69283
establish, within sixty days of August 8, 1991, a policy that sets	69284
forth the manner and procedures by which a state highway patrol	69285
trooper may render emergency assistance to any other peace officer	69286
under division (D)(2)(a) of this section. The policy shall include	69287
a provision that a state highway patrol trooper never be used as a	69288
peace officer in connection with any strike or labor dispute.	69289

(3)(a) A state highway patrol trooper who renders emergency	69290
assistance to any other peace officer under the policy established	69291
by the superintendent pursuant to division (D)(2)(b) of this	69292
section shall be considered to be performing regular employment	69293
for the purposes of compensation, pension, indemnity fund rights,	69294
workers' compensation, and other rights or benefits to which the	69295
trooper may be entitled as incident to regular employment.	69296

(b) A state highway patrol trooper who renders emergency	69297
assistance to any other peace officer under the policy established	69298
by the superintendent pursuant to division (D)(2)(b) of this	69299
section retains personal immunity from liability as specified in	69300
section 9.86 of the Revised Code.	69301

(c) A state highway patrol trooper who renders emergency	69302
assistance under the policy established by the superintendent	69303
pursuant to division (D)(2)(b) of this section has the same	69304
authority as the peace officer for or with whom the state highway	69305
patrol trooper is providing emergency assistance.	69306

(E)(1) Subject to the availability of funds specifically	69307
appropriated by the general assembly for security detail purposes,	69308
the state highway patrol shall provide security as follows:	69309

(a) For the governor;

69310

(b) At the direction of the governor, for other officials of	69311
the state government of this state; officials of the state	69312
governments of other states who are visiting this state; officials	69313
of the United States government who are visiting this state;	69314
officials of the governments of foreign countries or their	69315
political subdivisions who are visiting this state; or other	69316
officials or dignitaries who are visiting this state, including,	69317
but not limited to, members of trade missions;	69318

(c) For the capitol square, as defined in section 105.41 of	69319
the Revised Code;	69320

(d) For other state property.

69321

(2) To carry out the security responsibilities of the patrol	69322
listed in division (E)(1) of this section, the superintendent may	69323
assign state highway patrol troopers to a separate unit that is	69324
responsible for security details. The number of troopers assigned	69325
to particular security details shall be determined by the	69326
superintendent.	69327

(3) The superintendent and any state highway patrol trooper,	69328
when providing security pursuant to division (E)(1)(a) or (b) of	69329
this section, have the same arrest powers as other peace officers	69330
to apprehend offenders against the criminal laws who endanger or	69331
threaten the security of any person being protected, no matter	69332
where the offense occurs.	69333

The superintendent, any state highway patrol trooper, and any	69334
special police officer designated under section 5503.09 of the	69335
Revised Code, when providing security pursuant to division	69336
(E)(1)(c) of this section, shall enforce any rules governing	69337
capitol square adopted by the capitol square review and advisory	69338
board.	69339

(F) The governor may order the state highway patrol to	69340
undertake major criminal investigations that involve state	69341
property interests. If an investigation undertaken pursuant to	69342
this division results in either the issuance of a no bill or the	69343
filing of an indictment, the superintendent shall file a complete	69344
and accurate report of the investigation with the president of the	69345
senate, the speaker of the house of representatives, the minority	69346
leader of the senate, and the minority leader of the house of	69347
representatives within fifteen days after the issuance of the no	69348
bill or the filing of an indictment. If the investigation does not	69349
have as its result any prosecutorial action, the superintendent	69350
shall, upon reporting this fact to the governor, file a complete	69351
and accurate report of the investigation with the president of the	69352
senate, the speaker of the house of representatives, the minority	69353
leader of the senate, and the minority leader of the house of	69354
representatives.	69355

(G) The superintendent may purchase or lease real property	69356
and buildings needed by the patrol, negotiate the sale of real	69357
property owned by the patrol, rent or lease real property owned or	69358
leased by the patrol, and make or cause to be made repairs to all	69359
property owned or under the control of the patrol. Any instrument	69360
by which real property is acquired pursuant to this division shall	69361
identify the agency of the state that has the use and benefit of	69362
the real property as specified in section 5301.012 of the Revised	69363
Code.	69364

Sections 123.01 and 125.02 of the Revised Code do not limit	69365
the powers granted to the superintendent by this division.	69366

Sec. 5503.04. Forty-five per cent of the fines collected	69367
from or moneys arising from bail forfeited by persons apprehended	69368
or arrested by state highway patrol troopers shall be paid into	69369
the state treasury to be credited to the general revenue fund,	69370
five per cent shall be paid into the state treasury to be credited	69371
to the trauma and emergency medical services ~~grants~~ fund created	69372
by ~~division (E) of~~ section 4513.263 of the Revised Code, and fifty	69373
per cent shall be paid into the treasury of the municipal	69374
corporation where the case is prosecuted, if in a mayor's court.	69375
If the prosecution is in a trial court outside a municipal	69376
corporation, or outside the territorial jurisdiction of a	69377
municipal court, the fifty per cent of the fines and moneys that	69378
is not paid into the state treasury shall be paid into the	69379
treasury of the county where the case is prosecuted. The fines and	69380
moneys paid into a county treasury and the fines and moneys paid	69381
into the treasury of a municipal corporation shall be deposited	69382
one-half to the same fund and expended in the same manner as is	69383
the revenue received from the registration of motor vehicles, and	69384
one-half to the general fund of such county or municipal	69385
corporation.	69386

If the prosecution is in a municipal court, forty-five per	69387
cent of the fines and moneys shall be paid into the state treasury	69388
to be credited to the general revenue fund, five per cent shall be	69389
paid into the state treasury to be credited to the trauma and	69390
emergency medical services grants fund created by division (E) of	69391
section 4513.263 of the Revised Code, ten per cent shall be paid	69392
into the county treasury to be credited to the general fund of the	69393
county, and forty per cent shall be paid into the municipal	69394
treasury to be credited to the general fund of the municipal	69395
corporation. In the Auglaize county, Clermont county, Crawford	69396
county, Hocking county, Jackson county, Lawrence county, Madison	69397
county, Miami county, Ottawa county, Portage county, and Wayne	69398
county municipal courts, that portion of money otherwise paid into	69399
the municipal treasury shall be paid into the county treasury.	69400

The trial court shall make remittance of the fines and moneys	69401
as prescribed in this section, and at the same time as the	69402
remittance is made of the state's portion to the state treasury,	69403
the trial court shall notify the superintendent of the state	69404
highway patrol of the case and the amount covered by the	69405
remittance.	69406

This section does not apply to fines for violations of	69407
division (B) of section 4513.263 of the Revised Code, or for	69408
violations of any municipal ordinance that is substantively	69409
comparable to that division, all of which shall be delivered to	69410
the treasurer of state as provided in division (E) of section	69411
4513.263 of the Revised Code.	69412

Sec. 5503.34. There is hereby created in the department of	69413
public safety, division of state highway patrol, a motor carrier	69414
enforcement unit, to be administered by the superintendent of the	69415
state highway patrol. This unit shall be responsible for	69416
enforcement of commercial motor vehicle transportation safety,	69417
~~economic,~~ and hazardous materials requirements.	69418

The superintendent, with the approval of the director of	69419
public safety, may appoint and maintain necessary staff to carry	69420
out the duties assigned under this section.	69421

Employees of the motor carrier enforcement unit shall	69422
cooperate with the public utilities commission to enforce	69423
compliance with orders and rules of the commission, applicable	69424
laws under Chapters ~~4919~~4905., 4921., and 4923. of the Revised	69425
Code, and any other applicable laws or rules.	69426

Uniformed employees of the motor carrier enforcement unit may	69427
stop commercial motor vehicles for the exclusive purpose of	69428
inspecting such vehicles to enforce compliance with orders and	69429
rules of the public utilities commission as required by division	69430
(F) of section 5502.01 of the Revised Code.	69431

Sec. 5516.02. No advertising device shall be erected or	69432
maintained within six hundred sixty feet of the edge of the	69433
right-of-way of a highway on the interstate system except the	69434
following:	69435

(A) Directional and official signs and notices that conform	69436
to rules adopted by the director of transportation;	69437

(B) Signs advertising the sale or lease of the property upon	69438
which they are located;	69439

(C) Advertising devices indicating the name of the business	69440
or profession conducted on such property or that identify the	69441
goods produced, sold, or services rendered on such property, and	69442
that conform to rules adopted by the director;	69443

(D) Advertising devices that are located in commercial or	69444
industrial zones traversed by segments of the interstate system	69445
within the boundaries of a municipal corporation as such	69446
boundaries existed on September 21, 1959, and that conform to	69447
rules adopted by the director;	69448

(E) Advertising devices that are located on the premises of a	69449
professional sports facility and that conform to rules adopted by	69450
the director. For a professional sports facility that is located	69451
on real property owned by the state, the rules of the director	69452
shall allow an advertising device to be located within three	69453
hundred fifty feet of the structure of the professional sports	69454
facility and shall allow an advertising device to have a maximum	69455
area of five thousand square feet, excluding decorative bases and	69456
supports.	69457

Sec. 5516.06. No advertising device shall be erected or	69458
maintained within six hundred sixty feet of the edge of the	69459
right-of-way of a highway on the primary system except the	69460
following:	69461

(A) Directional and other official signs and notices that	69462
conform to rules adopted by the director of transportation;	69463

(B) Signs advertising the sale or lease of the property upon	69464
which they are located;	69465

(C) Advertising devices indicating the name of the business,	69466
activities, or profession conducted on such property or that	69467
identify the goods produced, sold, or services rendered on such	69468
property and that conform to rules adopted by the director;	69469

(D) Precautionary signs relating to the premises;

69470

(E) Signs, displays, or devices which locate, identify, mark,	69471
or warn of the presence of pipe lines, utility lines, or rail	69472
lines, and appurtenances thereof, including, but not limited to,	69473
markers used in the maintenance, operation, observation, and	69474
safety of said lines;	69475

(F) Advertising devices located in zoned or unzoned	69476
industrial or commercial areas adjacent to highways on the primary	69477
system that conform to rules adopted by the director;	69478

(G) Signs lawfully in existence on October 22, 1965, that the	69479
director, subject to the approval of the secretary of the United	69480
States department of transportation, has determined to be landmark	69481
signs, including signs on farm structures or natural surfaces,	69482
which are of historic or artistic significance;	69483

(H) Advertising devices that are located on the premises of a	69484
professional sports facility and that conform to rules adopted by	69485
the director. For a professional sports facility that is located	69486
on real property owned by the state, the rules of the director	69487
shall allow an advertising device to be located within three	69488
hundred fifty feet of the structure of the professional sports	69489
facility and shall allow an advertising device to have a maximum	69490
area of five thousand square feet, excluding decorative bases and	69491
supports.	69492

Sec. 5701.13. (A) As used in this section:

69493

(1) "Nursing home" means a nursing home or a home for the	69494
aging, as those terms are defined in section 3721.01 of the	69495
Revised Code, that is issued a license pursuant to section 3721.02	69496
of the Revised Code.	69497

(2) "Residential care facility" means a residential care	69498
facility, as defined in section 3721.01 of the Revised Code, that	69499
is issued a license pursuant to section 3721.02 of the Revised	69500
Code.	69501

(3) "~~Adult care~~Residential facility" means ~~an adult care~~a	69502
residential facility ~~as defined in~~licensed under section ~~5119.70~~	69503
5119.22 of the Revised Code that ~~is issued a license pursuant to~~	69504
~~section 5119.73 of the Revised Code~~provides accommodations,	69505
supervision, and personal care services for three to sixteen	69506
unrelated adults.	69507

(B) As used in Title LVII of the Revised Code, and for the	69508
purpose of other sections of the Revised Code that refer	69509
specifically to Chapter 5701. or section 5701.13 of the Revised	69510
Code, a "home for the aged" means either of the following:	69511

(1) A place of residence for aged and infirm persons that	69512
satisfies divisions (B)(1)(a) to (e) of this section:	69513

(a) It is a nursing home, residential care facility, or ~~adult~~	69514
~~care~~residential facility.	69515

(b) It is owned by a corporation, unincorporated association,	69516
or trust of a charitable, religious, or fraternal nature, which is	69517
organized and operated not for profit, which is not formed for the	69518
pecuniary gain or profit of, and whose net earnings or any part of	69519
whose net earnings is not distributable to, its members, trustees,	69520
officers, or other private persons, and which is exempt from	69521
federal income taxation under section 501 of the "Internal Revenue	69522
Code of 1986," 100 Stat. 2085, 26 U.S.C. 1.	69523

(c) It is open to the public without regard to race, color,	69524
or national origin.	69525

(d) It does not pay, directly or indirectly, compensation for	69526
services rendered, interest on debts incurred, or purchase price	69527
for land, building, equipment, supplies, or other goods or	69528
chattels, which compensation, interest, or purchase price is	69529
unreasonably high.	69530

(e) It provides services for the life of each resident	69531
without regard to the resident's ability to continue payment for	69532
the full cost of the services.	69533

(2) A place of residence that satisfies divisions (B)(1)(b),	69534
(d), and (e) of this section; that satisfies the definition of	69535
"nursing home" or "residential care facility" under section	69536
3721.01 of the Revised Code or the definition of "~~adult care~~	69537
residential facility" under ~~section 5119.70 of the Revised Code~~	69538
division (A)(3) of this section regardless of whether it is	69539
licensed as such a home or facility; and that is provided at no	69540
charge to individuals on account of their service without	69541
compensation to a charitable, religious, fraternal, or educational	69542
institution, which individuals are aged or infirm and are members	69543
of the corporation, association, or trust that owns the place of	69544
residence. For the purposes of division (B)(2) of this section,	69545
"compensation" does not include furnishing room and board,	69546
clothing, health care, or other necessities, or stipends or other	69547
de minimis payments to defray the cost thereof.	69548

Exemption from taxation shall be accorded, on proper	69549
application, only to those homes or parts of homes which meet the	69550
standards and provide the services specified in this section.	69551

Nothing in this section shall be construed as preventing a	69552
home from requiring a resident with financial need to apply for	69553
any applicable financial assistance or requiring a home to retain	69554
a resident who willfully refuses to pay for services for which the	69555
resident has contracted even though the resident has sufficient	69556
resources to do so.	69557

(C)(1) If a corporation, unincorporated association, or trust	69558
described in division (B)(1)(b) of this section is granted a	69559
certificate of need pursuant to section 3702.52 of the Revised	69560
Code to construct, add to, or otherwise modify a nursing home, or	69561
is given approval pursuant to section 3791.04 of the Revised Code	69562
to construct, add to, or otherwise modify a residential care	69563
facility or ~~adult care~~residential facility and if the	69564
corporation, association, or trust submits an affidavit to the tax	69565
commissioner stating that, commencing on the date of licensure and	69566
continuing thereafter, the home or facility will be operated in	69567
accordance with the requirements of divisions (B)(1)(a) to (e) of	69568
this section, the corporation, association, or trust shall be	69569
considered to be operating a "home for the aged" within the	69570
meaning of division (B)(1) of this section, beginning on the first	69571
day of January of the year in which such certificate is granted or	69572
approval is given.	69573

(2) If a corporation, association, or trust is considered to	69574
be operating a "home for the aged" pursuant to division (C)(1) of	69575
this section, the corporation, association, or trust shall notify	69576
the tax commissioner in writing upon the occurrence of any of the	69577
following events:	69578

(a) The corporation, association, or trust no longer intends	69579
to complete the construction of, addition to, or modification of	69580
the home or facility, to obtain the appropriate license for the	69581
home or facility, or to commence operation of the home or facility	69582
in accordance with the requirements of divisions (B)(1)(a) to (e)	69583
of this section;	69584

(b) The certificate of approval referred to in division	69585
(C)(1) of this section expires, is revoked, or is otherwise	69586
terminated prior to the completion of the construction of,	69587
addition to, or modification of the home or facility;	69588

(c) The license to operate the home or facility is not	69589
granted by the director of health within one year following	69590
completion of the construction of, addition to, or modification of	69591
the home or facility;	69592

(d) The license to operate the home or facility is not	69593
granted by the director of health within four years following the	69594
date upon which the certificate or approval referred to in	69595
division (C)(1) of this section was granted or given;	69596

(e) The home or facility is granted a license to operate as a	69597
nursing home, residential care facility, or ~~adult care~~residential	69598
facility.	69599

(3) Upon the occurrence of any of the events referred to in	69600
divisions (C)(2)(a), (b), (c), (d), and (e) of this section, the	69601
corporation, association, or trust shall no longer be considered	69602
to be operating a "home for the aged" pursuant to division (C)(1)	69603
of this section, except that the tax commissioner, for good cause	69604
shown and to the extent the commissioner considers appropriate,	69605
may extend the time period specified in division (C)(2)(c) or (d)	69606
of this section, or both. Nothing in division (C)(3) of this	69607
section shall be construed to prevent a nursing home, residential	69608
care facility, or ~~adult care~~residential facility from qualifying	69609
as a "home for the aged" if, upon proper application made pursuant	69610
to division (B) of this section, it is found to meet the	69611
requirements of divisions (A) and (B) of this section.	69612

Sec. 5703.05. All powers, duties, and functions of the	69613
department of taxation are vested in and shall be performed by the	69614
tax commissioner, which powers, duties, and functions shall	69615
include, but shall not be limited to, the following:	69616

(A) Prescribing all blank forms which the department is	69617
authorized to prescribe, and to provide such forms and distribute	69618
the same as required by law and the rules of the department.	69619

(B) Exercising the authority provided by law, including	69620
orders from bankruptcy courts, relative to remitting or refunding	69621
taxes or assessments, including penalties and interest thereon,	69622
illegally or erroneously assessed or collected, or for any other	69623
reason overpaid, and in addition, the commissioner may on written	69624
application of any person, firm, or corporation claiming to have	69625
overpaid to the treasurer of state at any time within five years	69626
prior to the making of such application any tax payable under any	69627
law which the department of taxation is required to administer	69628
which does not contain any provision for refund, or on the	69629
commissioner's own motion investigate the facts and make in	69630
triplicate a written statement of the commissioner's findings,	69631
and, if the commissioner finds that there has been an overpayment,	69632
issue in triplicate a certificate of abatement payable to the	69633
taxpayer, the taxpayer's assigns, or legal representative which	69634
shows the amount of the overpayment and the kind of tax overpaid.	69635
One copy of such statement shall be entered on the journal of the	69636
commissioner, one shall be certified to the attorney general, and	69637
one certified copy shall be delivered to the taxpayer. All copies	69638
of the certificate of abatement shall be transmitted to the	69639
attorney general, and if the attorney general finds it to be	69640
correct the attorney general shall so certify on each copy, and	69641
deliver one copy to the taxpayer, one copy to the commissioner,	69642
and the third copy to the treasurer of state. Except as provided	69643
in ~~sections~~section 5725.08 ~~and 5725.16~~ of the Revised Code, the	69644
taxpayer's copy of any certificates of abatement may be tendered	69645
by the payee or transferee thereof to the treasurer of state, or	69646
to the commissioner on behalf of the treasurer, as payment, to the	69647
extent of the amount thereof, of any tax payable to the treasurer	69648
of state.	69649

(C) Exercising the authority provided by law relative to	69650
consenting to the compromise and settlement of tax claims;	69651

(D) Exercising the authority provided by law relative to the	69652
use of alternative tax bases by taxpayers in the making of	69653
personal property tax returns;	69654

(E) Exercising the authority provided by law relative to	69655
authorizing the prepayment of taxes on retail sales of tangible	69656
personal property or on the storage, use, or consumption of	69657
personal property, and waiving the collection of such taxes from	69658
the consumers;	69659

(F) Exercising the authority provided by law to revoke	69660
licenses;	69661

(G) Maintaining a continuous study of the practical operation	69662
of all taxation and revenue laws of the state, the manner in which	69663
and extent to which such laws provide revenues for the support of	69664
the state and its political subdivisions, the probable effect upon	69665
such revenue of possible changes in existing laws, and the	69666
possible enactment of measures providing for other forms of	69667
taxation. For this purpose the commissioner may establish and	69668
maintain a division of research and statistics, and may appoint	69669
necessary employees who shall be in the unclassified civil	69670
service; the results of such study shall be available to the	69671
members of the general assembly and the public.	69672

(H) Making all tax assessments, valuations, findings,	69673
determinations, computations, and orders the department of	69674
taxation is by law authorized and required to make and, pursuant	69675
to time limitations provided by law, on the commissioner's own	69676
motion, reviewing, redetermining, or correcting any tax	69677
assessments, valuations, findings, determinations, computations,	69678
or orders the commissioner has made, but the commissioner shall	69679
not review, redetermine, or correct any tax assessment, valuation,	69680
finding, determination, computation, or order which the	69681
commissioner has made as to which an appeal or application for	69682
rehearing, review, redetermination, or correction has been filed	69683
with the board of tax appeals, unless such appeal or application	69684
is withdrawn by the appellant or applicant or dismissed;	69685

(I) Appointing not more than five deputy tax commissioners,	69686
who, under such regulations as the rules of the department of	69687
taxation prescribe, may act for the commissioner in the	69688
performance of such duties as the commissioner prescribes in the	69689
administration of the laws which the commissioner is authorized	69690
and required to administer, and who shall serve in the	69691
unclassified civil service at the pleasure of the commissioner,	69692
but if a person who holds a position in the classified service is	69693
appointed, it shall not affect the civil service status of such	69694
person. The commissioner may designate not more than two of the	69695
deputy commissioners to act as commissioner in case of the	69696
absence, disability, or recusal of the commissioner or vacancy in	69697
the office of commissioner. The commissioner may adopt rules	69698
relating to the order of precedence of such designated deputy	69699
commissioners and to their assumption and administration of the	69700
office of commissioner.	69701

(J) Appointing and prescribing the duties of all other	69702
employees of the department of taxation necessary in the	69703
performance of the work of the department which the tax	69704
commissioner is by law authorized and required to perform, and	69705
creating such divisions or sections of employees as, in the	69706
commissioner's judgment, is proper;	69707

(K) Organizing the work of the department, which the	69708
commissioner is by law authorized and required to perform, so	69709
that, in the commissioner's judgment, an efficient and economical	69710
administration of the laws will result;	69711

(L) Maintaining a journal, which is open to public	69712
inspection, in which the tax commissioner shall keep a record of	69713
all final determinations of the commissioner;	69714

(M) Adopting and promulgating, in the manner provided by	69715
section 5703.14 of the Revised Code, all rules of the department,	69716
including rules for the administration of sections 3517.16,	69717
3517.17, and 5747.081 of the Revised Code;	69718

(N) Destroying any or all returns or assessment certificates	69719
in the manner authorized by law;	69720

(O) Adopting rules, in accordance with division (B) of	69721
section 325.31 of the Revised Code, governing the expenditure of	69722
moneys from the real estate assessment fund under that division.	69723

Sec. 5705.08. On or before the first Monday in May of each	69724
year, the fiscal officer of each subdivision ~~that is not a~~, except	69725
school ~~district~~districts and the city of Cincinnati, shall	69726
certify to its taxing authority the amount necessary to provide	69727
for the payment of final judgments against the subdivision, except	69728
in condemnation of property cases. The taxing authority shall	69729
place such certified amount in each budget and in the annual	69730
appropriation measure for the full amount certified.	69731

On or before the first Monday in November of each year, the	69732
fiscal officer of the city of Cincinnati and of each school	69733
district shall certify to its ~~board of education~~taxing authority	69734
the amount necessary to provide for the payment of final judgments	69735
against the ~~district~~subdivision, except in condemnation of	69736
property cases. The ~~board of education~~taxing authority shall	69737
place such certified amount in each budget and in the annual	69738
appropriation measure for the full amount certified.	69739

Sec. 5705.19. This section does not apply to school	69740
districts or county school financing districts.	69741

The taxing authority of any subdivision at any time and in	69742
any year, by vote of two-thirds of all the members of the taxing	69743
authority, may declare by resolution and certify the resolution to	69744
the board of elections not less than ninety days before the	69745
election upon which it will be voted that the amount of taxes that	69746
may be raised within the ten-mill limitation will be insufficient	69747
to provide for the necessary requirements of the subdivision and	69748
that it is necessary to levy a tax in excess of that limitation	69749
for any of the following purposes:	69750

(A) For current expenses of the subdivision, except that the	69751
total levy for current expenses of a detention facility district	69752
or district organized under section 2151.65 of the Revised Code	69753
shall not exceed two mills and that the total levy for current	69754
expenses of a combined district organized under sections 2151.65	69755
and 2152.41 of the Revised Code shall not exceed four mills;	69756

(B) For the payment of debt charges on certain described	69757
bonds, notes, or certificates of indebtedness of the subdivision	69758
issued subsequent to January 1, 1925;	69759

(C) For the debt charges on all bonds, notes, and	69760
certificates of indebtedness issued and authorized to be issued	69761
prior to January 1, 1925;	69762

(D) For a public library of, or supported by, the subdivision	69763
under whatever law organized or authorized to be supported;	69764

(E) For a municipal university, not to exceed two mills over	69765
the limitation of one mill prescribed in section 3349.13 of the	69766
Revised Code;	69767

(F) For the construction or acquisition of any specific	69768
permanent improvement or class of improvements that the taxing	69769
authority of the subdivision may include in a single bond issue;	69770

(G) For the general construction, reconstruction,	69771
resurfacing, and repair of streets, roads, and bridges in	69772
municipal corporations, counties, or townships;	69773

(H) For parks and recreational purposes;

69774

(I) For the purpose of providing and maintaining fire	69775
apparatus, appliances, buildings, or sites therefor, or sources of	69776
water supply and materials therefor, or the establishment and	69777
maintenance of lines of fire alarm telegraph, or the payment of	69778
firefighting companies or permanent, part-time, or volunteer	69779
firefighting, emergency medical service, administrative, or	69780
communications personnel to operate the same, including the	69781
payment of any employer contributions required for such personnel	69782
under section 145.48 or 742.34 of the Revised Code, or the	69783
purchase of ambulance equipment, or the provision of ambulance,	69784
paramedic, or other emergency medical services operated by a fire	69785
department or firefighting company;	69786

(J) For the purpose of providing and maintaining motor	69787
vehicles, communications, other equipment, buildings, and sites	69788
for such buildings used directly in the operation of a police	69789
department, or the payment of salaries of permanent or part-time	69790
police, communications, or administrative personnel to operate the	69791
same, including the payment of any employer contributions required	69792
for such personnel under section 145.48 or 742.33 of the Revised	69793
Code, or the payment of the costs incurred by townships as a	69794
result of contracts made with other political subdivisions in	69795
order to obtain police protection, or the provision of ambulance	69796
or emergency medical services operated by a police department;	69797

(K) For the maintenance and operation of a county home or	69798
detention facility;	69799

(L) For community mental retardation and developmental	69800
disabilities programs and services pursuant to Chapter 5126. of	69801
the Revised Code, except that the procedure for such levies shall	69802
be as provided in section 5705.222 of the Revised Code;	69803

(M) For regional planning;

69804

(N) For a county's share of the cost of maintaining and	69805
operating schools, district detention facilities, forestry camps,	69806
or other facilities, or any combination thereof, established under	69807
section 2151.65 or 2152.41 of the Revised Code or both of those	69808
sections;	69809

(O) For providing for flood defense, providing and	69810
maintaining a flood wall or pumps, and other purposes to prevent	69811
floods;	69812

(P) For maintaining and operating sewage disposal plants and	69813
facilities;	69814

(Q) For the purpose of purchasing, acquiring, constructing,	69815
enlarging, improving, equipping, repairing, maintaining, or	69816
operating, or any combination of the foregoing, a county transit	69817
system pursuant to sections 306.01 to 306.13 of the Revised Code,	69818
or of making any payment to a board of county commissioners	69819
operating a transit system or a county transit board pursuant to	69820
section 306.06 of the Revised Code;	69821

(R) For the subdivision's share of the cost of acquiring or	69822
constructing any schools, forestry camps, detention facilities, or	69823
other facilities, or any combination thereof, under section	69824
2151.65 or 2152.41 of the Revised Code or both of those sections;	69825

(S) For the prevention, control, and abatement of air	69826
pollution;	69827

(T) For maintaining and operating cemeteries;

69828

(U) For providing ambulance service, emergency medical	69829
service, or both;	69830

(V) For providing for the collection and disposal of garbage	69831
or refuse, including yard waste;	69832

(W) For the payment of the police officer employers'	69833
contribution or the firefighter employers' contribution required	69834
under sections 742.33 and 742.34 of the Revised Code;	69835

(X) For the construction and maintenance of a drainage	69836
improvement pursuant to section 6131.52 of the Revised Code;	69837

(Y) For providing or maintaining senior citizens services or	69838
facilities as authorized by section 307.694, 307.85, 505.70, or	69839
505.706 or division (EE) of section 717.01 of the Revised Code;	69840

(Z) For the provision and maintenance of zoological park	69841
services and facilities as authorized under section 307.76 of the	69842
Revised Code;	69843

(AA) For the maintenance and operation of a free public	69844
museum of art, science, or history;	69845

(BB) For the establishment and operation of a 9-1-1 system,	69846
as defined in section 4931.40 of the Revised Code;	69847

(CC) For the purpose of acquiring, rehabilitating, or	69848
developing rail property or rail service. As used in this	69849
division, "rail property" and "rail service" have the same	69850
meanings as in section 4981.01 of the Revised Code. This division	69851
applies only to a county, township, or municipal corporation.	69852

(DD) For the purpose of acquiring property for, constructing,	69853
operating, and maintaining community centers as provided for in	69854
section 755.16 of the Revised Code;	69855

(EE) For the creation and operation of an office or joint	69856
office of economic development, for any economic development	69857
purpose of the office, and to otherwise provide for the	69858
establishment and operation of a program of economic development	69859
pursuant to sections 307.07 and 307.64 of the Revised Code, or to	69860
the extent that the expenses of a county land reutilization	69861
corporation organized under Chapter 1724. of the Revised Code are	69862
found by the board of county commissioners to constitute the	69863
promotion of economic development, for the payment of such	69864
operations and expenses;	69865

(FF) For the purpose of acquiring, establishing,	69866
constructing, improving, equipping, maintaining, or operating, or	69867
any combination of the foregoing, a township airport, landing	69868
field, or other air navigation facility pursuant to section 505.15	69869
of the Revised Code;	69870

(GG) For the payment of costs incurred by a township as a	69871
result of a contract made with a county pursuant to section	69872
505.263 of the Revised Code in order to pay all or any part of the	69873
cost of constructing, maintaining, repairing, or operating a water	69874
supply improvement;	69875

(HH) For a board of township trustees to acquire, other than	69876
by appropriation, an ownership interest in land, water, or	69877
wetlands, or to restore or maintain land, water, or wetlands in	69878
which the board has an ownership interest, not for purposes of	69879
recreation, but for the purposes of protecting and preserving the	69880
natural, scenic, open, or wooded condition of the land, water, or	69881
wetlands against modification or encroachment resulting from	69882
occupation, development, or other use, which may be styled as	69883
protecting or preserving "greenspace" in the resolution, notice of	69884
election, or ballot form. Except as otherwise provided in this	69885
division, land is not acquired for purposes of recreation, even if	69886
the land is used for recreational purposes, so long as no	69887
building, structure, or fixture used for recreational purposes is	69888
permanently attached or affixed to the land. Except as otherwise	69889
provided in this division, land that previously has been acquired	69890
in a township for these greenspace purposes may subsequently be	69891
used for recreational purposes if the board of township trustees	69892
adopts a resolution approving that use and no building, structure,	69893
or fixture used for recreational purposes is permanently attached	69894
or affixed to the land. The authorization to use greenspace land	69895
for recreational use does not apply to land located in a township	69896
that had a population, at the time it passed its first greenspace	69897
levy, of more than thirty-eight thousand within a county that had	69898
a population, at that time, of at least eight hundred sixty	69899
thousand.	69900

(II) For the support by a county of a crime victim assistance	69901
program that is provided and maintained by a county agency or a	69902
private, nonprofit corporation or association under section 307.62	69903
of the Revised Code;	69904

(JJ) For any or all of the purposes set forth in divisions	69905
(I) and (J) of this section. This division applies only to a	69906
township.	69907

(KK) For a countywide public safety communications system	69908
under section 307.63 of the Revised Code. This division applies	69909
only to counties.	69910

(LL) For the support by a county of criminal justice services	69911
under section 307.45 of the Revised Code;	69912

(MM) For the purpose of maintaining and operating a jail or	69913
other detention facility as defined in section 2921.01 of the	69914
Revised Code;	69915

(NN) For purchasing, maintaining, or improving, or any	69916
combination of the foregoing, real estate on which to hold	69917
agricultural fairs. This division applies only to a county.	69918

(OO) For constructing, rehabilitating, repairing, or	69919
maintaining sidewalks, walkways, trails, bicycle pathways, or	69920
similar improvements, or acquiring ownership interests in land	69921
necessary for the foregoing improvements;	69922

(PP) For both of the purposes set forth in divisions (G) and	69923
(OO) of this section.	69924

(QQ) For both of the purposes set forth in divisions (H) and	69925
(HH) of this section. This division applies only to a township.	69926

(RR) For the legislative authority of a municipal	69927
corporation, board of county commissioners of a county, or board	69928
of township trustees of a township to acquire agricultural	69929
easements, as defined in section 5301.67 of the Revised Code, and	69930
to supervise and enforce the easements.	69931

(SS) For both of the purposes set forth in divisions (BB) and	69932
(KK) of this section. This division applies only to a county.	69933

(TT) For the maintenance and operation of a facility that is	69934
organized in whole or in part to promote the sciences and natural	69935
history under section 307.761 of the Revised Code.	69936

(UU) For the creation and operation of a county land	69937
reutilization corporation and for any programs or activities of	69938
the corporation found by the board of directors of the corporation	69939
to be consistent with the purposes for which the corporation is	69940
organized;	69941

(VV) For construction and maintenance of improvements and	69942
expenses of soil and water conservation district programs under	69943
Chapter 1515. of the Revised Code;	69944

(WW) For the Ohio cooperative extension service fund created	69945
under section 3335.35 of the Revised Code for the purposes	69946
prescribed under section 3335.36 of the Revised Code for the	69947
benefit of the citizens of a county. This division applies only to	69948
a county.	69949

(XX) For a municipal corporation that withdraws or proposes	69950
by resolution to withdraw from a regional transit authority under	69951
section 306.55 of the Revised Code to provide transportation	69952
services for the movement of persons within, from, or to the	69953
municipal corporation.	69954

The resolution shall be confined to the purpose or purposes	69955
described in one division of this section, to which the revenue	69956
derived therefrom shall be applied. The existence in any other	69957
division of this section of authority to levy a tax for any part	69958
or all of the same purpose or purposes does not preclude the use	69959
of such revenues for any part of the purpose or purposes of the	69960
division under which the resolution is adopted.	69961

The resolution shall specify the amount of the increase in	69962
rate that it is necessary to levy, the purpose of that increase in	69963
rate, and the number of years during which the increase in rate	69964
shall be in effect, which may or may not include a levy upon the	69965
duplicate of the current year. The number of years may be any	69966
number not exceeding five, except as follows:	69967

(1) When the additional rate is for the payment of debt	69968
charges, the increased rate shall be for the life of the	69969
indebtedness.	69970

(2) When the additional rate is for any of the following, the	69971
increased rate shall be for a continuing period of time:	69972

(a) For the current expenses for a detention facility	69973
district, a district organized under section 2151.65 of the	69974
Revised Code, or a combined district organized under sections	69975
2151.65 and 2152.41 of the Revised Code;	69976

(b) For providing a county's share of the cost of maintaining	69977
and operating schools, district detention facilities, forestry	69978
camps, or other facilities, or any combination thereof,	69979
established under section 2151.65 or 2152.41 of the Revised Code	69980
or under both of those sections.	69981

(3) When the additional rate is for either of the following,	69982
the increased rate may be for a continuing period of time:	69983

(a) For the purposes set forth in division (I), (J), (U), or	69984
(KK) of this section;	69985

(b) For the maintenance and operation of a joint recreation	69986
district.	69987

(4) When the increase is for the purpose or purposes set	69988
forth in division (D), (G), (H), (CC), or (PP) of this section,	69989
the tax levy may be for any specified number of years or for a	69990
continuing period of time, as set forth in the resolution.	69991

(5) When the additional rate is for the purpose described in	69992
division (Z) of this section, the increased rate shall be for any	69993
number of years not exceeding ten.	69994

A levy for one of the purposes set forth in division (G),	69995
(I), (J), or (U) of this section may be reduced pursuant to	69996
section 5705.261 or 5705.31 of the Revised Code. A levy for one of	69997
the purposes set forth in division (G), (I), (J), or (U) of this	69998
section may also be terminated or permanently reduced by the	69999
taxing authority if it adopts a resolution stating that the	70000
continuance of the levy is unnecessary and the levy shall be	70001
terminated or that the millage is excessive and the levy shall be	70002
decreased by a designated amount.	70003

A resolution of a detention facility district, a district	70004
organized under section 2151.65 of the Revised Code, or a combined	70005
district organized under both sections 2151.65 and 2152.41 of the	70006
Revised Code may include both current expenses and other purposes,	70007
provided that the resolution shall apportion the annual rate of	70008
levy between the current expenses and the other purpose or	70009
purposes. The apportionment need not be the same for each year of	70010
the levy, but the respective portions of the rate actually levied	70011
each year for the current expenses and the other purpose or	70012
purposes shall be limited by the apportionment.	70013

Whenever a board of county commissioners, acting either as	70014
the taxing authority of its county or as the taxing authority of a	70015
sewer district or subdistrict created under Chapter 6117. of the	70016
Revised Code, by resolution declares it necessary to levy a tax in	70017
excess of the ten-mill limitation for the purpose of constructing,	70018
improving, or extending sewage disposal plants or sewage systems,	70019
the tax may be in effect for any number of years not exceeding	70020
twenty, and the proceeds of the tax, notwithstanding the general	70021
provisions of this section, may be used to pay debt charges on any	70022
obligations issued and outstanding on behalf of the subdivision	70023
for the purposes enumerated in this paragraph, provided that any	70024
such obligations have been specifically described in the	70025
resolution.	70026

A resolution adopted by the legislative authority of a	70027
municipal corporation that is for the purpose in division (XX) of	70028
this section may be combined with the purpose provided in section	70029
306.55 of the Revised Code, by vote of two-thirds of all members	70030
of the legislative authority. The legislative authority may	70031
certify the resolution to the board of elections as a combined	70032
question. The question appearing on the ballot shall be as	70033
provided in section 5705.252 of the Revised Code.	70034

The resolution shall go into immediate effect upon its	70035
passage, and no publication of the resolution is necessary other	70036
than that provided for in the notice of election.	70037

When the electors of a subdivision have approved a tax levy	70038
under this section, the taxing authority of the subdivision may	70039
anticipate a fraction of the proceeds of the levy and issue	70040
anticipation notes in accordance with section 5705.191 or 5705.193	70041
of the Revised Code.	70042

Sec. 5705.25. (A) A copy of any resolution adopted as	70043
provided in section 5705.19 or 5705.2111 of the Revised Code shall	70044
be certified by the taxing authority to the board of elections of	70045
the proper county not less than ninety days before the general	70046
election in any year, and the board shall submit the proposal to	70047
the electors of the subdivision at the succeeding November	70048
election. Except as otherwise provided in this division, a	70049
resolution to renew an existing levy, regardless of the section of	70050
the Revised Code under which the tax was imposed, shall not be	70051
placed on the ballot unless the question is submitted at the	70052
general election held during the last year the tax to be renewed	70053
or replaced may be extended on the real and public utility	70054
property tax list and duplicate, or at any election held in the	70055
ensuing year. The limitation of the foregoing sentence does not	70056
apply to a resolution to renew and increase or to renew part of an	70057
existing levy that was imposed under section 5705.191 of the	70058
Revised Code to supplement the general fund for the purpose of	70059
making appropriations for one or more of the following purposes:	70060
for public assistance, human or social services, relief, welfare,	70061
hospitalization, health, and support of general hospitals. The	70062
limitation of the second preceding sentence also does not apply to	70063
a resolution that proposes to renew two or more existing levies	70064
imposed under section 5705.21 of the Revised Code, in which case	70065
the question shall be submitted on the date of the general or	70066
primary election held during the last year at least one of the	70067
levies to be renewed may be extended on the real and public	70068
utility property tax list and duplicate, or at any election held	70069
during the ensuing year. For purposes of this section, a levy	70070
shall be considered to be an "existing levy" through the year	70071
following the last year it can be placed on that tax list and	70072
duplicate.	70073

The board shall make the necessary arrangements for the	70074
submission of such questions to the electors of such subdivision,	70075
and the election shall be conducted, canvassed, and certified in	70076
the same manner as regular elections in such subdivision for the	70077
election of county officers. Notice of the election shall be	70078
published in a newspaper of general circulation in the subdivision	70079
once a week for two consecutive weeks, or as provided in section	70080
7.16 of the Revised Code, prior to the election. If the board of	70081
elections operates and maintains a web site, the board of	70082
elections shall post notice of the election on its web site for	70083
thirty days prior to the election. The notice shall state the	70084
purpose, the proposed increase in rate expressed in dollars and	70085
cents for each one hundred dollars of valuation as well as in	70086
mills for each one dollar of valuation, the number of years during	70087
which the increase will be in effect, the first month and year in	70088
which the tax will be levied, and the time and place of the	70089
election.	70090

(B) The form of the ballots cast at an election held pursuant	70091
to division (A) of this section shall be as follows:	70092

"An additional tax for the benefit of (name of subdivision or	70093
public library) .......... for the purpose of (purpose stated in	70094
the resolution) .......... at a rate not exceeding ...... mills	70095
for each one dollar of valuation, which amounts to (rate expressed	70096
in dollars and cents) ............ for each one hundred dollars of	70097
valuation, for ...... (life of indebtedness or number of years the	70098
levy is to run).	70099

70100

		For the Tax Levy			70101
		Against the Tax Levy	"		70102

70103

(C) If the levy is to be in effect for a continuing period of	70104
time, the notice of election and the form of ballot shall so state	70105
instead of setting forth a specified number of years for the levy.	70106

If the tax is to be placed on the current tax list, the form	70107
of the ballot shall be modified by adding, after the statement of	70108
the number of years the levy is to run, the phrase ", commencing	70109
in .......... (first year the tax is to be levied), first due in	70110
calendar year .......... (first calendar year in which the tax	70111
shall be due)."	70112

If the levy submitted is a proposal to renew, increase, or	70113
decrease an existing levy, the form of the ballot specified in	70114
division (B) of this section may be changed by substituting for	70115
the words "An additional" at the beginning of the form, the words	70116
"A renewal of a" in case of a proposal to renew an existing levy	70117
in the same amount; the words "A renewal of ........ mills and an	70118
increase of ...... mills to constitute a" in the case of an	70119
increase; or the words "A renewal of part of an existing levy,	70120
being a reduction of ...... mills, to constitute a" in the case of	70121
a decrease in the proposed levy.	70122

If the levy submitted is a proposal to renew two or more	70123
existing levies imposed under section 5705.21 of the Revised Code,	70124
the form of the ballot specified in division (B) of this section	70125
shall be modified by substituting for the words "an additional	70126
tax" the words "a renewal of ....(insert the number of levies to	70127
be renewed) existing taxes."	70128

If the levy submitted is a levy under section 5705.72 of the	70129
Revised Code or a proposal to renew, increase, or decrease an	70130
existing levy imposed under that section, the name of the	70131
subdivision shall be "the unincorporated area of .......... (name	70132
of township)."	70133

The question covered by such resolution shall be submitted as	70134
a separate proposition but may be printed on the same ballot with	70135
any other proposition submitted at the same election, other than	70136
the election of officers. More than one such question may be	70137
submitted at the same election.	70138

(D) A levy voted in excess of the ten-mill limitation under	70139
this section shall be certified to the tax commissioner. In the	70140
first year of the levy, it shall be extended on the tax lists	70141
after the February settlement succeeding the election. If the	70142
additional tax is to be placed upon the tax list of the current	70143
year, as specified in the resolution providing for its submission,	70144
the result of the election shall be certified immediately after	70145
the canvass by the board of elections to the taxing authority, who	70146
shall make the necessary levy and certify it to the county	70147
auditor, who shall extend it on the tax lists for collection.	70148
After the first year, the tax levy shall be included in the annual	70149
tax budget that is certified to the county budget commission.	70150

Sec. 5705.252. (A) If the legislative authority of a	70151
municipal corporation adopts a resolution for the purposes	70152
provided in section 306.55 of the Revised Code and division (XX)	70153
of section 5705.19 of the Revised Code and certifies the	70154
resolution to the board of elections as a combined question, the	70155
question appearing on the ballot shall read:	70156

"Shall the territory within the ...... (name of municipal	70157
corporation) be withdrawn from ...... (name of regional transit	70158
authority) and shall an additional tax be levied for the benefit	70159
of ...... (name of municipal corporation) ...... for the purpose	70160
of providing transportation services for the movement of persons	70161
within, from, or to the ...... (name of municipal corporation) at	70162
a rate not exceeding ...... mills for each one dollar of	70163
valuation, which amounts to ...... (rate expressed in dollars and	70164
cents) for each one hundred dollars of valuation, for ......	70165
(number of years the levy is to run)?"	70166

(B) If the board of trustees of a township adopts a	70167
resolution for the purposes provided in sections 306.55 and	70168
5705.72 of the Revised Code and certifies the resolution to the	70169
board of elections as a combined question, the question appearing	70170
on the ballot in the unincorporated area of the township shall	70171
read:	70172

"Shall the territory within the unincorporated area of ......	70173
(name of township) be withdrawn from ...... (name of regional	70174
transit authority) and shall an additional tax be levied for the	70175
benefit of the unincorporated area of ...... (name of township)	70176
for the purpose of providing transportation services for the	70177
movement of persons within, from, or to the unincorporated area of	70178
...... (name of township) at a rate not exceeding ...... mills for	70179
each one dollar of valuation, which amounts to ...... (rate	70180
expressed in dollars and cents) for each one hundred dollars of	70181
valuation, for ...... (number of years the levy is to run)?	70182

Sec. 5705.28. (A) Except as provided in division (B)(1) or	70183
(2) of this section or in section 5705.281 of the Revised Code,	70184
the taxing authority of each subdivision or other taxing unit	70185
shall adopt a tax budget for the next succeeding fiscal year:	70186

(1) On or before the fifteenth day of January in the case of	70187
a school ~~district~~districts and the city of Cincinnati;	70188

(2) On or before the fifteenth day of July in the case of all	70189
other subdivisions and taxing units.	70190

(B)(1) Before the first day of June in each year, the board	70191
of trustees of a school library district entitled to participate	70192
in any appropriation or revenue of a school district or to have a	70193
tax proposed by the board of education of a school district shall	70194
file with the board of education of the school district a tax	70195
budget for the ensuing fiscal year. On or before the fifteenth day	70196
of July in each year, the board of education of a school district	70197
to which a school library district tax budget was submitted under	70198
this division shall adopt such tax budget on behalf of the library	70199
district, but such budget shall not be part of the school	70200
district's tax budget.	70201

(2)(a) The taxing authority of a taxing unit that does not	70202
levy a tax is not required to adopt a tax budget pursuant to	70203
division (A) of this section. Instead, on or before the fifteenth	70204
day of July each year, such taxing authority shall adopt an	70205
operating budget for the taxing unit for the ensuing fiscal year.	70206
The operating budget shall include an estimate of receipts from	70207
all sources, a statement of all taxing unit expenses that are	70208
anticipated to occur, and the amount required for debt charges	70209
during the fiscal year. The operating budget is not required to be	70210
filed with the county auditor or the county budget commission.	70211

(b) Except for this section and sections 5705.36, 5705.38,	70212
5705.40, 5705.41, 5705.43, 5705.44, and 5705.45 of the Revised	70213
Code, a taxing unit that does not levy a tax is not a taxing unit	70214
for purposes of Chapter 5705. of the Revised Code. Documents	70215
prepared in accordance with such sections are not required to be	70216
filed with the county auditor or county budget commission.	70217

(c) The total appropriations from each fund of a taxing unit	70218
that does not levy a tax shall not exceed the total estimated	70219
revenue available for expenditures from the fund, and	70220
appropriations shall be made from each fund only for the purposes	70221
for which the fund is established.	70222

(C)(1) To assist in the preparation of the tax budget, the	70223
head of each department, board, commission, and district authority	70224
entitled to participate in any appropriation or revenue of a	70225
subdivision shall file with the taxing authority, or in the case	70226
of a municipal corporation, with its chief executive officer,	70227
before the forty-fifth day prior to the date on which the budget	70228
must be adopted, an estimate of contemplated revenue and	70229
expenditures for the ensuing fiscal year, in such form as is	70230
prescribed by the taxing authority of the subdivision or by the	70231
auditor of state. The taxing authority shall include in its budget	70232
of expenditures the full amounts requested by district	70233
authorities, not to exceed the amount authorized by law, if such	70234
authorities may fix the amount of revenue they are to receive from	70235
the subdivision. In a municipal corporation in which a special	70236
levy for a municipal university has been authorized to be levied	70237
in excess of the ten-mill limitation, or is required by the	70238
charter of the municipal corporation, the taxing authority shall	70239
include an amount not less than the estimated yield of such levy,	70240
if such amount is requested by the board of directors of the	70241
municipal university.	70242

(2) A county board of developmental disabilities may include	70243
within its estimate of contemplated revenue and expenditures a	70244
reserve balance account in the community developmental	70245
disabilities residential services fund. The account shall contain	70246
money that is not needed to pay for current expenses for	70247
residential services and supported living but will be needed to	70248
pay for expenses for such services in the future or may be needed	70249
for unanticipated emergency expenses. On the request of the county	70250
board of developmental disabilities, the board of county	70251
commissioners shall include such an account in its budget of	70252
expenditures and appropriate money to the account from residential	70253
service moneys for the county board.	70254

(D) The board of trustees of any public library desiring to	70255
participate in the distribution of the county public library fund	70256
shall adopt appropriate rules extending the benefits of the	70257
library service of such library to all the inhabitants of the	70258
county on equal terms, unless such library service is by law	70259
available to all such inhabitants, and shall certify a copy of	70260
such rules to the taxing authority with its estimate of	70261
contemplated revenue and expenditures. Where such rules have been	70262
so certified or where the adoption of such rules is not required,	70263
the taxing authority shall include in its budget of receipts such	70264
amounts as are specified by such board as contemplated revenue	70265
from the county public library fund, and in its budget of	70266
expenditures the full amounts requested therefrom by such board.	70267
No library association, incorporated or unincorporated, is	70268
entitled to participate in the proceeds of the county public	70269
library fund unless such association both was organized and	70270
operating prior to January 1, 1968, and participated in the	70271
distribution of the proceeds of the county public library fund	70272
prior to December 31, 2005.	70273

Sec. 5705.30. This section does not apply to a subdivision	70274
for which the county budget commission has waived the requirement	70275
to adopt a tax budget under section 5705.281 of the Revised Code.	70276

In addition to the information required by section 5705.29 of	70277
the Revised Code, the budget of each subdivision and school	70278
library district shall include such other information as is	70279
prescribed by the auditor of state. At least two copies of the	70280
budget shall be filed in the office of the fiscal officer of the	70281
subdivision for public inspection not less than ten days before	70282
its adoption by the taxing authority, and such taxing authority	70283
shall hold at least one public hearing thereon, of which public	70284
notice shall be given by at least one publication not less than	70285
ten days prior to the date of hearing in the official publication	70286
of such subdivision, or in a newspaper having general circulation	70287
in the subdivision. The budget, after adoption, shall be submitted	70288
to the county auditor on or before the twentieth day of July, or	70289
in the case of a school district or the city of Cincinnati, by the	70290
twentieth day of January. The tax commissioner may prescribe a	70291
later date for the submission of a subdivision's tax budget. Any	70292
subdivision that fails to submit its budget to the county auditor	70293
on or before the ~~twentieth day of July, unless the commissioner on~~	70294
~~or before the twentieth day of July prescribes~~date prescribed by	70295
this section or a later date ~~for submission of the budget by that~~	70296
~~subdivision,~~prescribed by the commissioner shall not receive an	70297
apportionment from the undivided local government fund	70298
distribution for the ensuing calendar year, unless ~~upon review of~~	70299
~~the matter~~ the commissioner determines that the budget was adopted	70300
by the subdivision on or before the ~~fifteenth~~fifth day ~~of July~~	70301
before the date prescribed by this section for submitting the	70302
budget, but was not submitted ~~to the county auditor~~ by the	70303
~~twentieth day of July~~date so prescribed or the later time	70304
prescribed by the commissioner because of ministerial error by the	70305
subdivision or its officers, employees, or other representatives.	70306

Sec. 5705.34. When the budget commission has completed its	70307
work with respect to a tax budget or other information required to	70308
be provided under section 5705.281 of the Revised Code, it shall	70309
certify its action to the taxing authority, together with an	70310
estimate by the county auditor of the rate of each tax necessary	70311
to be levied by the taxing authority within its subdivision or	70312
taxing unit, and what part thereof is in excess of, and what part	70313
within, the ten-mill tax limitation. The certification shall also	70314
indicate the date on which each tax levied by the taxing authority	70315
will expire.	70316

If a taxing authority levies a tax for a fixed sum of money	70317
or to pay debt charges for the tax year for which the tax budget	70318
is prepared, and a payment on account of that tax is payable to	70319
the taxing authority for the tax year under section 5727.85,	70320
5727.86, 5751.21, or 5751.22 of the Revised Code, the county	70321
auditor, when estimating the rate at which the tax shall be levied	70322
in the current year, shall estimate the rate necessary to raise	70323
the required sum less the estimated amount of any payments made	70324
for the tax year to a taxing unit for fixed-sum levies under those	70325
sections. The estimated rate shall be the rate of the levy that	70326
the budget commission certifies with its action under this	70327
section.	70328

Each taxing authority, by ordinance or resolution, shall	70329
authorize the necessary tax levies and certify them to the county	70330
auditor before the first day of October in each year, or at such	70331
later date as is approved by the tax commissioner, except that the	70332
certification by the legislative authority of the city of	70333
Cincinnati or by a board of education shall be made by the first	70334
day of April or at such later date as is approved by the	70335
commissioner, and except that a township board of park	70336
commissioners that is appointed by the board of township trustees	70337
and oversees a township park district that contains only	70338
unincorporated territory shall authorize only those taxes approved	70339
by, and only at the rate approved by, the board of township	70340
trustees as required by division (C) of section 511.27 of the	70341
Revised Code. If the levying of a tax to be placed on the	70342
duplicate of the current year is approved by the electors of the	70343
subdivision under sections 5705.01 to 5705.47 of the Revised Code;	70344
if the rate of a school district tax is increased due to the	70345
repeal of a school district income tax and property tax rate	70346
reduction at an election held pursuant to section 5748.04 of the	70347
Revised Code; or if refunding bonds to refund all or a part of the	70348
principal of bonds payable from a tax levy for the ensuing fiscal	70349
year are issued or sold and in the process of delivery, the budget	70350
commission shall reconsider and revise its action on the budget of	70351
the subdivision or school library district for whose benefit the	70352
tax is to be levied after the returns of such election are fully	70353
canvassed, or after the issuance or sale of such refunding bonds	70354
is certified to it.	70355

Sec. 5705.35. (A) The certification of the budget commission	70356
to the taxing authority of each subdivision or taxing unit, as set	70357
forth in section 5705.34 of the Revised Code, shall show the	70358
various funds of such subdivisions other than funds to be created	70359
by transfer and shall be filed by the county budget commission	70360
with such taxing authority on or before the first day of March in	70361
the case of school districts and the city of Cincinnati and on or	70362
before the first day of September in each year in the case of all	70363
other taxing authorities. There shall be set forth on the credit	70364
side of each fund the estimated unencumbered balances and	70365
receipts, and if a tax is to be levied for such fund, the	70366
estimated revenue to be derived therefrom, the rate of the levy,	70367
and what portion thereof is within, and what in excess of, the	70368
ten-mill tax limitation, and on the debit side, the total	70369
appropriations that may be made therefrom. Subject to division (G)	70370
of section 5705.29 of the Revised Code, any reserve balance in an	70371
account established under section 5705.13 of the Revised Code for	70372
the purpose described in division (A)(1) of that section, and the	70373
principal of a nonexpendable trust fund established under section	70374
5705.131 of the Revised Code and any additions to principal	70375
arising from sources other than the reinvestment of investment	70376
earnings arising from that fund, are not unencumbered balances for	70377
the purposes of this section. The balance in a reserve balance	70378
account established under section 5705.132 of the Revised Code is	70379
not an unencumbered balance for the purposes of this division.	70380

There shall be attached to the certification a summary, which	70381
shall be known as the "official certificate of estimated	70382
resources," that shall state the total estimated resources of each	70383
fund of the subdivision that are available for appropriation in	70384
the fiscal year, other than funds to be created by transfer, and a	70385
statement of the amount of the total tax duplicate of the school	70386
district to be used in the collection of taxes for the following	70387
calendar year. Before the end of the fiscal year, the taxing	70388
authority of each subdivision and other taxing unit shall revise	70389
its tax budget, if one was adopted, so that the total contemplated	70390
expenditures from any fund during the ensuing fiscal year will not	70391
exceed the total appropriations that may be made from such fund,	70392
as determined by the budget commission in its certification; and	70393
such revised budget shall be the basis of the annual appropriation	70394
measure.	70395

(B)(1) Except as otherwise provided in division (B)(2) of	70396
this section, revenues from real property taxes scheduled to be	70397
settled on or before the tenth day of August and the fifteenth day	70398
of February of a fiscal year under divisions (A) and (C) of	70399
section 321.24 of the Revised Code, and revenue from taxes levied	70400
on personal property used in business scheduled to be settled on	70401
or before the thirty-first day of October and the thirtieth day of	70402
June of a fiscal year under divisions (B) and (D) of section	70403
321.24 of the Revised Code shall not be available for	70404
appropriation by a board of education prior to the fiscal year in	70405
which such latest scheduled settlement date occurs, except that	70406
moneys advanced to the treasurer of a board of education under	70407
division (A)(2)(b) of section 321.34 of the Revised Code shall be	70408
available for appropriation in the fiscal year in which they are	70409
paid to the treasurer under such section. If the date for any	70410
settlement of taxes is extended under division (E) of section	70411
321.24 of the Revised Code, the latest date set forth in divisions	70412
(A) to (D) of that section shall be used to determine in which	70413
fiscal year the revenues are first available for appropriation.	70414

(2) Revenues available for appropriation by a school district	70415
during a fiscal year may include amounts borrowed in that fiscal	70416
year under section 133.301 of the Revised Code in anticipation of	70417
the collection of taxes that are to be included in the settlements	70418
made under divisions (C) and (D) of section 321.24 of the Revised	70419
Code in the ensuing fiscal year.	70420

Sec. 5705.38. (A) This division does not apply to school	70421
district appropriation measures. On or about the first day of each	70422
fiscal year, the taxing authority of each subdivision or other	70423
taxing unit shall pass an appropriation measure, and thereafter	70424
during the year it may pass any supplemental appropriation	70425
measures as it finds necessary, based on the revised tax budget or	70426
the official certificate of estimated resources or amendments of	70427
the certificate. If it desires to postpone the passage of the	70428
annual appropriation measure until an amended certificate is	70429
received based on the actual balances, it may pass a temporary	70430
appropriation measure for meeting the ordinary expenses of the	70431
taxing unit until no later than the first day of April or, in the	70432
case of the city of Cincinnati, the first day of October, of the	70433
current year, and the appropriations made in the temporary measure	70434
shall be chargeable to the appropriations in the annual	70435
appropriation measure for that fiscal year when passed.	70436

(B) A board of education shall pass its annual appropriation	70437
measure by the first day of October. If, by the first day of	70438
October, a board has not received either the amended certificates	70439
of estimated resources required by division (B) of section 5705.36	70440
of the Revised Code or certifications that no amended certificates	70441
need be issued, the adoption of the annual appropriation measure	70442
shall be delayed until the amended certificates or certifications	70443
are received. Prior to the passage of the annual appropriation	70444
measure, the board may pass a temporary appropriation measure for	70445
meeting the ordinary expenses of the district until it passes an	70446
annual appropriation measure, and appropriations made in the	70447
temporary measure shall be chargeable to the appropriations in the	70448
annual appropriation measure for that fiscal year when passed.	70449
During the fiscal year and after the passage of the annual	70450
appropriation measure, a district may pass any supplemental	70451
appropriation measures as it finds necessary, based on the revised	70452
tax budget or the official certificate of estimated resources or	70453
amendments of the certificate. School district appropriation	70454
measures shall be in the form as the auditor of state, after	70455
consultation with the tax commissioner, prescribes.	70456

(C) Appropriation measures shall be classified so as to set	70457
forth separately the amounts appropriated for each office,	70458
department, and division, and, within each, the amount	70459
appropriated for personal services. In the case of a municipal	70460
university, the board of directors of which have assumed, in the	70461
manner provided by law, custody and control of the funds of the	70462
university, funds shall be appropriated as a lump sum for the use	70463
of the university.	70464

Sec. 5705.72. (A) As used in this section and in section	70465
5705.25 of the Revised Code with regard to a levy submitted under	70466
this section, "electors" means electors of the unincorporated area	70467
of a township.	70468

(B) The board of trustees of any township that withdraws or	70469
proposes by resolution to withdraw the unincorporated area of the	70470
township from a regional transit authority under section 306.55 of	70471
the Revised Code, by vote of two-thirds of all the members of the	70472
board of trustees, may declare by resolution that the amount of	70473
taxes that may be raised within the ten-mill limitation will be	70474
insufficient to provide transportation services to the	70475
unincorporated area of the township and that it is necessary to	70476
levy a tax in excess of that limitation within the unincorporated	70477
area of that township for the purpose of providing transportation	70478
services for the movement of persons within, from, or to the	70479
unincorporated area of that township.	70480

The resolution shall specify the necessary amount of the	70481
increase in rate to levy, the purpose of such increase, and the	70482
number of years, not exceeding ten, during which the rate increase	70483
shall be in effect, which may or may not include a levy upon the	70484
tax list of the current year.	70485

The resolution shall be submitted to the proper county board	70486
of elections not less than ninety days before the date of the	70487
election at which the question will appear on the ballot and in	70488
the manner provided by section 5705.25 of the Revised Code, except	70489
that the question may be submitted to electors at a general	70490
election or a special election held on a date consistent with	70491
section 3501.01 of the Revised Code.	70492

A resolution adopted by the board of trustees of a township	70493
under this section may be combined with a resolution for the	70494
withdrawal of the unincorporated area of the township from a	70495
regional transit authority as provided in section 306.55 of the	70496
Revised Code, by vote of two-thirds of all members of the board.	70497
The board may certify the combined resolution to the board of	70498
elections as a combined question. The question appearing on the	70499
ballot shall be as provided in section 5705.252 of the Revised	70500
Code.	70501

When electors have approved a tax levy under this section,	70502
the board of township trustees may anticipate a fraction of the	70503
proceeds of the levy and issue anticipation notes as authorized by	70504
section 5705.191 of the Revised Code for a current expense levy	70505
with a fixed term, and may anticipate the collection of current	70506
revenue under section 133.10 of the Revised Code.	70507

Sec. 5709.084. Real and personal property comprising a	70508
convention center that is constructed or, in the case of personal	70509
property, acquired, after January 1, 2010, are exempt from	70510
taxation if the convention center is located in a county having a	70511
population, when construction of the convention center commences,	70512
of more than one million two hundred thousand according to the	70513
most recent federal decennial census, and if the convention	70514
center, or the land upon which the convention center is situated,	70515
is owned or leased by the county. For the purposes of this	70516
section, construction of the convention center commences upon the	70517
earlier of issuance of debt to finance all or a portion of the	70518
convention center, demolition of existing structures on the site,	70519
or grading of the site in preparation for construction.	70520

Real and personal property comprising a convention center	70521
owned by the largest city in a county having a population greater	70522
than seven hundred thousand but less than nine hundred thousand	70523
according to the most recent federal decennial census is exempt	70524
from taxation, regardless of whether the property is leased to or	70525
otherwise operated or managed by a person other than the city.	70526

Real and personal property comprising a convention center	70527
owned by a convention facilities authority in a county having a	70528
population greater than one million according to the most recent	70529
federal decennial census is exempt from taxation, regardless of	70530
whether the property is leased to or otherwise operated or managed	70531
by a person other than the convention facilities authority.	70532

As used in this section, "convention center" has the same	70533
meaning as in section 307.695 of the Revised Code.	70534

Sec. 5709.12. (A) As used in this section, "independent	70535
living facilities" means any residential housing facilities and	70536
related property that are not a nursing home, residential care	70537
facility, or ~~adult care~~residential facility as defined in	70538
division (A) of section 5701.13 of the Revised Code.	70539

(B) Lands, houses, and other buildings belonging to a county,	70540
township, or municipal corporation and used exclusively for the	70541
accommodation or support of the poor, or leased to the state or	70542
any political subdivision for public purposes shall be exempt from	70543
taxation. Real and tangible personal property belonging to	70544
institutions that is used exclusively for charitable purposes	70545
shall be exempt from taxation, including real property belonging	70546
to an institution that is a nonprofit corporation that receives a	70547
grant under the Thomas Alva Edison grant program authorized by	70548
division (C) of section 122.33 of the Revised Code at any time	70549
during the tax year and being held for leasing or resale to	70550
others. If, at any time during a tax year for which such property	70551
is exempted from taxation, the corporation ceases to qualify for	70552
such a grant, the director of development shall notify the tax	70553
commissioner, and the tax commissioner shall cause the property to	70554
be restored to the tax list beginning with the following tax year.	70555
All property owned and used by a nonprofit organization	70556
exclusively for a home for the aged, as defined in section 5701.13	70557
of the Revised Code, also shall be exempt from taxation.	70558

(C)(1) If a home for the aged described in division (B)(1) of	70559
section 5701.13 of the Revised Code is operated in conjunction	70560
with or at the same site as independent living facilities, the	70561
exemption granted in division (B) of this section shall include	70562
kitchen, dining room, clinic, entry ways, maintenance and storage	70563
areas, and land necessary for access commonly used by both	70564
residents of the home for the aged and residents of the	70565
independent living facilities. Other facilities commonly used by	70566
both residents of the home for the aged and residents of	70567
independent living units shall be exempt from taxation only if the	70568
other facilities are used primarily by the residents of the home	70569
for the aged. Vacant land currently unused by the home, and	70570
independent living facilities and the lands connected with them	70571
are not exempt from taxation. Except as provided in division	70572
(A)(1) of section 5709.121 of the Revised Code, property of a home	70573
leased for nonresidential purposes is not exempt from taxation.	70574

(2) Independent living facilities are exempt from taxation if	70575
they are operated in conjunction with or at the same site as a	70576
home for the aged described in division (B)(2) of section 5701.13	70577
of the Revised Code; operated by a corporation, association, or	70578
trust described in division (B)(1)(b) of that section; operated	70579
exclusively for the benefit of members of the corporation,	70580
association, or trust who are retired, aged, or infirm; and	70581
provided to those members without charge in consideration of their	70582
service, without compensation, to a charitable, religious,	70583
fraternal, or educational institution. For the purposes of	70584
division (C)(2) of this section, "compensation" does not include	70585
furnishing room and board, clothing, health care, or other	70586
necessities, or stipends or other de minimis payments to defray	70587
the cost thereof.	70588

(D)(1) A private corporation established under federal law,	70589
defined in 36 U.S.C. 1101, Pub. L. No. 102-199, 105 Stat. 1629, as	70590
amended, the objects of which include encouraging the advancement	70591
of science generally, or of a particular branch of science, the	70592
promotion of scientific research, the improvement of the	70593
qualifications and usefulness of scientists, or the increase and	70594
diffusion of scientific knowledge is conclusively presumed to be a	70595
charitable or educational institution. A private corporation	70596
established as a nonprofit corporation under the laws of a state,	70597
that is exempt from federal income taxation under section	70598
501(c)(3) of the Internal Revenue Code of 1986, 100 Stat. 2085, 26	70599
U.S.C.A. 1, as amended, and has as its principal purpose one or	70600
more of the foregoing objects, also is conclusively presumed to be	70601
a charitable or educational institution.	70602

The fact that an organization described in this division	70603
operates in a manner that results in an excess of revenues over	70604
expenses shall not be used to deny the exemption granted by this	70605
section, provided such excess is used, or is held for use, for	70606
exempt purposes or to establish a reserve against future	70607
contingencies; and, provided further, that such excess may not be	70608
distributed to individual persons or to entities that would not be	70609
entitled to the tax exemptions provided by this chapter. Nor shall	70610
the fact that any scientific information diffused by the	70611
organization is of particular interest or benefit to any of its	70612
individual members be used to deny the exemption granted by this	70613
section, provided that such scientific information is available to	70614
the public for purchase or otherwise.	70615

(2) Division (D)(2) of this section does not apply to real	70616
property exempted from taxation under this section and division	70617
(A)(3) of section 5709.121 of the Revised Code and belonging to a	70618
nonprofit corporation described in division (D)(1) of this section	70619
that has received a grant under the Thomas Alva Edison grant	70620
program authorized by division (C) of section 122.33 of the	70621
Revised Code during any of the tax years the property was exempted	70622
from taxation.	70623

When a private corporation described in division (D)(1) of	70624
this section sells all or any portion of a tract, lot, or parcel	70625
of real estate that has been exempt from taxation under this	70626
section and section 5709.121 of the Revised Code, the portion sold	70627
shall be restored to the tax list for the year following the year	70628
of the sale and, except in connection with a sale and transfer of	70629
such a tract, lot, or parcel to a county land reutilization	70630
corporation organized under Chapter 1724. of the Revised Code, a	70631
charge shall be levied against the sold property in an amount	70632
equal to the tax savings on such property during the four tax	70633
years preceding the year the property is placed on the tax list.	70634
The tax savings equals the amount of the additional taxes that	70635
would have been levied if such property had not been exempt from	70636
taxation.	70637

The charge constitutes a lien of the state upon such property	70638
as of the first day of January of the tax year in which the charge	70639
is levied and continues until discharged as provided by law. The	70640
charge may also be remitted for all or any portion of such	70641
property that the tax commissioner determines is entitled to	70642
exemption from real property taxation for the year such property	70643
is restored to the tax list under any provision of the Revised	70644
Code, other than sections 725.02, 1728.10, 3735.67, 5709.40,	70645
5709.41, 5709.62, 5709.63, 5709.71, 5709.73, 5709.78, and 5709.84,	70646
upon an application for exemption covering the year such property	70647
is restored to the tax list filed under section 5715.27 of the	70648
Revised Code.	70649

(E) Real property held by an organization organized and	70650
operated exclusively for charitable purposes as described under	70651
section 501(c)(3) of the Internal Revenue Code and exempt from	70652
federal taxation under section 501(a) of the Internal Revenue	70653
Code, 26 U.S.C.A. 501(a) and (c)(3), as amended, for the purpose	70654
of constructing or rehabilitating residences for eventual transfer	70655
to qualified low-income families through sale, lease, or land	70656
installment contract, shall be exempt from taxation.	70657

The exemption shall commence on the day title to the property	70658
is transferred to the organization and shall continue to the end	70659
of the tax year in which the organization transfers title to the	70660
property to a qualified low-income family. In no case shall the	70661
exemption extend beyond the second succeeding tax year following	70662
the year in which the title was transferred to the organization.	70663
If the title is transferred to the organization and from the	70664
organization to a qualified low-income family in the same tax	70665
year, the exemption shall continue to the end of that tax year.	70666
The proportionate amount of taxes that are a lien but not yet	70667
determined, assessed, and levied for the tax year in which title	70668
is transferred to the organization shall be remitted by the county	70669
auditor for each day of the year that title is held by the	70670
organization.	70671

Upon transferring the title to another person, the	70672
organization shall file with the county auditor an affidavit	70673
affirming that the title was transferred to a qualified low-income	70674
family or that the title was not transferred to a qualified	70675
low-income family, as the case may be; if the title was	70676
transferred to a qualified low-income family, the affidavit shall	70677
identify the transferee by name. If the organization transfers	70678
title to the property to anyone other than a qualified low-income	70679
family, the exemption, if it has not previously expired, shall	70680
terminate, and the property shall be restored to the tax list for	70681
the year following the year of the transfer and a charge shall be	70682
levied against the property in an amount equal to the amount of	70683
additional taxes that would have been levied if such property had	70684
not been exempt from taxation. The charge constitutes a lien of	70685
the state upon such property as of the first day of January of the	70686
tax year in which the charge is levied and continues until	70687
discharged as provided by law.	70688

The application for exemption shall be filed as otherwise	70689
required under section 5715.27 of the Revised Code, except that	70690
the organization holding the property shall file with its	70691
application documentation substantiating its status as an	70692
organization organized and operated exclusively for charitable	70693
purposes under section 501(c)(3) of the Internal Revenue Code and	70694
its qualification for exemption from federal taxation under	70695
section 501(a) of the Internal Revenue Code, and affirming its	70696
intention to construct or rehabilitate the property for the	70697
eventual transfer to qualified low-income families.	70698

As used in this division, "qualified low-income family" means	70699
a family whose income does not exceed two hundred per cent of the	70700
official federal poverty guidelines as revised annually in	70701
accordance with section 673(2) of the "Omnibus Budget	70702
Reconciliation Act of 1981," 95 Stat. 511, 42 U.S.C.A. 9902, as	70703
amended, for a family size equal to the size of the family whose	70704
income is being determined.	70705

(F) Real property held by a county land reutilization	70706
corporation organized under Chapter 1724. of the Revised Code	70707
shall be exempt from taxation. Notwithstanding section 5715.27 of	70708
the Revised Code, a county land reutilization corporation is not	70709
required to apply to any county or state agency in order to	70710
qualify for the exemption.	70711

The exemption shall commence on the day title to the property	70712
is transferred to the corporation and shall continue to the end of	70713
the tax year in which the instrument transferring title from the	70714
corporation to another owner is recorded, if the use to which the	70715
other owner puts the property does not qualify for an exemption	70716
under this section or any other section of the Revised Code. If	70717
the title to the property is transferred to the corporation and	70718
from the corporation in the same tax year, the exemption shall	70719
continue to the end of that tax year. The proportionate amount of	70720
taxes that are a lien but not yet determined, assessed, and levied	70721
for the tax year in which title is transferred to the corporation	70722
shall be remitted by the county auditor for each day of the year	70723
that title is held by the corporation.	70724

Upon transferring the title to another person, the	70725
corporation shall file with the county auditor an affidavit	70726
affirming that the title was transferred to such other person and	70727
shall identify the transferee by name. If the corporation	70728
transfers title to the property to anyone that does not qualify or	70729
the use to which the property is put does not qualify the property	70730
for an exemption under this section or any other section of the	70731
Revised Code, the exemption, if it has not previously expired,	70732
shall terminate, and the property shall be restored to the tax	70733
list for the year following the year of the transfer. A charge	70734
shall be levied against the property in an amount equal to the	70735
amount of additional taxes that would have been levied if such	70736
property had not been exempt from taxation. The charge constitutes	70737
a lien of the state upon such property as of the first day of	70738
January of the tax year in which the charge is levied and	70739
continues until discharged as provided by law.	70740

In lieu of the application for exemption otherwise required	70741
to be filed as required under section 5715.27 of the Revised Code,	70742
a count land reutilization corporation holding the property shall,	70743
upon the request of any county or state agency, submit its	70744
articles of incorporation substantiating its status as a county	70745
land reutilization corporation.	70746

Sec. 5709.121. (A) Real property and tangible personal	70747
property belonging to a charitable or educational institution or	70748
to the state or a political subdivision, shall be considered as	70749
used exclusively for charitable or public purposes by such	70750
institution, the state, or political subdivision, if it meets one	70751
of the following requirements:	70752

(1) It is used by such institution, the state, or political	70753
subdivision, or by one or more other such institutions, the state,	70754
or political subdivisions under a lease, sublease, or other	70755
contractual arrangement:	70756

(a) As a community or area center in which presentations in	70757
music, dramatics, the arts, and related fields are made in order	70758
to foster public interest and education therein;	70759

(b) For other charitable, educational, or public purposes.

70760

(2) It is made available under the direction or control of	70761
such institution, the state, or political subdivision for use in	70762
furtherance of or incidental to its charitable, educational, or	70763
public purposes and not with the view to profit.	70764

(3) It is used by an organization described in division (D)	70765
of section 5709.12 of the Revised Code. If the organization is a	70766
corporation that receives a grant under the Thomas Alva Edison	70767
grant program authorized by division (C) of section 122.33 of the	70768
Revised Code at any time during the tax year, "used," for the	70769
purposes of this division, includes holding property for lease or	70770
resale to others.	70771

(B)(1) Property described in division (A)(1)(a) of this	70772
section shall continue to be considered as used exclusively for	70773
charitable or public purposes even if the property is conveyed	70774
through one conveyance or a series of conveyances to an entity	70775
that is not a charitable or educational institution and is not the	70776
state or a political subdivision, provided that all of the	70777
following conditions apply with respect to that property:	70778

(a) The property has been listed as exempt on the county	70779
auditor's tax list and duplicate for the county in which it is	70780
located for the ten tax years immediately preceding the year in	70781
which the property is conveyed through one conveyance or a series	70782
of conveyances;	70783

(b) The ~~owner to which the~~ property is conveyed through one	70784
conveyance or a series of conveyances ~~leases~~to an owner that does	70785
any of the following:	70786

(i) Leases the property through one lease or a series of	70787
leases to the entity that owned or occupied the property for the	70788
ten tax years immediately preceding the year in which the property	70789
is conveyed or to an affiliate of ~~such prior owner or occupant~~	70790
that entity;	70791

(ii) Contracts to have renovations performed as described in	70792
division (B)(1)(d) of this section and is at least partially owned	70793
by a nonprofit organization described in section 501(c)(3) of the	70794
Internal Revenue Code that is exempt from taxation under section	70795
501(a) of that code.	70796

(c) The property includes improvements that are at least	70797
fifty years old;	70798

(d) The property is being renovated in connection with a	70799
claim for historic preservation tax credits available under	70800
federal law;	70801

(e) The property continues to be used for the purposes	70802
described in division (A)(1)(a) of this section after its	70803
conveyance; and	70804

(f) The property is certified by the United States secretary	70805
of the interior as a "certified historic structure" or certified	70806
as part of a certified historic structure.	70807

(2) Notwithstanding section 5715.27 of the Revised Code, an	70808
application for exemption from taxation of property described in	70809
division (B)(1) of this section may be filed by either the owner	70810
of the property or its occupant.	70811

(C) For purposes of this section, an institution that meets	70812
all of the following requirements is conclusively presumed to be a	70813
charitable institution:	70814

(1) The institution is a nonprofit corporation or	70815
association, no part of the net earnings of which inures to the	70816
benefit of any private shareholder or individual;	70817

(2) The institution is exempt from federal income taxation	70818
under section 501(a) of the Internal Revenue Code;	70819

(3) The majority of the institution's board of directors are	70820
appointed by the mayor or legislative authority of a municipal	70821
corporation or a board of county commissioners, or a combination	70822
thereof;	70823

(4) The primary purpose of the institution is to assist in	70824
the development and revitalization of downtown urban areas.	70825

Sec. 5709.212. (A) With every application for an exempt	70826
facility certificate filed pursuant to section 5709.21 of the	70827
Revised Code, the applicant shall pay a fee equal to one-half of	70828
one per cent of the total exempt facility project cost, not to	70829
exceed two thousand dollars. One-half of the fee received with	70830
applications for exempt facility certificates shall be credited to	70831
the exempt facility administrative fund, which is hereby created	70832
in the state treasury, for appropriation to the department of	70833
taxation for use in administering sections 5709.20 to 5709.27 of	70834
the Revised Code. If the director of environmental protection is	70835
required to provide the opinion for an application, one-half of	70836
the fee shall be credited to the non-Title V clean air fund	70837
created in section 3704.035 of the Revised Code for use in	70838
administering section 5709.211 of the Revised Code, unless the	70839
application is for an industrial water pollution control facility.	70840
If the application is for an industrial water pollution control	70841
facility, one-half of the fee shall be credited to the surface	70842
water protection fund created in section 6111.038 of the Revised	70843
Code for use in administering section 5709.211 of the Revised	70844
Code. If the director of development is required to provide the	70845
opinion for an application, one-half of the fee for each exempt	70846
facility application shall be credited to the exempt facility	70847
inspection fund, which is hereby created in the state treasury,	70848
for appropriation to the department of development for use in	70849
administering section 5709.211 of the Revised Code.	70850

An applicant is not entitled to any tax exemption under	70851
section 5709.25 of the Revised Code until the fee required by this	70852
section is paid. The fee required by this section is not	70853
refundable, and is due with the application for an exempt facility	70854
certificate even if an exempt facility certificate ultimately is	70855
not issued or is withdrawn. Any application submitted without	70856
payment of the fee shall be deemed incomplete until the fee is	70857
paid.	70858

(B) The application fee imposed under division (A) of this	70859
section for a jointly owned facility shall be equal to one-half of	70860
one per cent of the total exempt facility project cost, not to	70861
exceed two thousand dollars for each facility that is the subject	70862
of the application.	70863

Sec. 5709.43. (A) A municipal corporation that grants a tax	70864
exemption under section 5709.40 of the Revised Code shall	70865
establish a municipal public improvement tax increment equivalent	70866
fund into which shall be deposited service payments in lieu of	70867
taxes distributed to the municipal corporation under section	70868
5709.42 of the Revised Code. If the legislative authority of the	70869
municipal corporation has adopted an ordinance under division (C)	70870
of section 5709.40 of the Revised Code, the municipal corporation	70871
shall establish at least one account in that fund with respect to	70872
ordinances adopted under division (B) of that section, and one	70873
account with respect to each incentive district created in an	70874
ordinance adopted under division (C) of that section. If an	70875
ordinance adopted under division (C) of section 5709.40 of the	70876
Revised Code also authorizes the use of service payments for	70877
housing renovations within the district, the municipal corporation	70878
shall establish separate accounts for the service payments	70879
designated for public infrastructure improvements and for the	70880
service payments authorized for the purpose of housing	70881
renovations. Money in an account of the municipal public	70882
improvement tax increment equivalent fund shall be used to finance	70883
the public infrastructure improvements designated in, or the	70884
housing renovations authorized by, the ordinance with respect to	70885
which the account is established; in the case of an account	70886
established with respect to an ordinance adopted under division	70887
(C) of that section, money in the account shall be used to finance	70888
the public infrastructure improvements designated, or the housing	70889
renovations authorized, for each incentive district created in the	70890
ordinance. Money in an account shall not be used to finance or	70891
support housing renovations that take place after the incentive	70892
district has expired. The municipal corporation also may deposit	70893
into any of those accounts municipal income tax revenue that has	70894
been designated by ordinance to finance the public infrastructure	70895
improvements and housing renovations.	70896

(B) A municipal corporation may establish an urban	70897
redevelopment tax increment equivalent fund, by resolution or	70898
ordinance of its legislative authority, into which shall be	70899
deposited service payments in lieu of taxes distributed to the	70900
municipal corporation by the county treasurer as provided in	70901
section 5709.42 of the Revised Code for improvements exempt from	70902
taxation pursuant to an ordinance adopted under section 5709.41 of	70903
the Revised Code. Moneys deposited in the urban redevelopment tax	70904
increment equivalent fund shall be used for such purposes as are	70905
authorized in the resolution or ordinance establishing the fund.	70906
The municipal corporation also may deposit into the urban	70907
redevelopment tax increment equivalent fund municipal income tax	70908
revenue that has been dedicated to fund any of the purposes for	70909
which the fund is established.	70910

(C)(1)(a) A municipal corporation may distribute money in the	70911
municipal public improvement tax increment equivalent fund or the	70912
urban redevelopment tax increment equivalent fund to any school	70913
district in which the exempt property is located, in an amount not	70914
to exceed the amount of real property taxes that such school	70915
district would have received from the improvement if it were not	70916
exempt from taxation, or use money in either or both funds to	70917
finance specific public improvements benefiting the school	70918
district. The resolution or ordinance establishing the fund shall	70919
set forth the percentage of such maximum amount that will be	70920
distributed to any affected school district or used to finance	70921
specific public improvements benefiting the school district.	70922

(b) A municipal corporation also may distribute money in the	70923
municipal public improvement tax increment equivalent fund or the	70924
urban redevelopment tax increment equivalent fund as follows:	70925

(i) To a board of county commissioners, in the amount that is	70926
owed to the board pursuant to division (E) of section 5709.40 of	70927
the Revised Code;	70928

(ii) To a county in accordance with section 5709.913 of the	70929
Revised Code.	70930

(2) Money from an account in a municipal public improvement	70931
tax increment equivalent fund or from an urban redevelopment tax	70932
increment equivalent fund may be distributed under division	70933
(C)(1)(b) of this section, regardless of the date a resolution or	70934
an ordinance was adopted under section 5709.40 or 5709.41 of the	70935
Revised Code that prompted the establishment of the account or the	70936
establishment of the urban redevelopment tax increment equivalent	70937
fund, even if the resolution or ordinance was adopted prior to ~~the~~	70938
~~effective date of this amendment~~March 30, 2006.	70939

(D)(1) A municipal corporation may use surplus money in the	70940
municipal public improvement tax increment equivalent fund or an	70941
account of that fund, or in the urban redevelopment tax increment	70942
equivalent fund, to repay a loan or provide matching funds for a	70943
grant awarded to the municipal corporation under the local	70944
government innovation program created in section 189.02 of the	70945
Revised Code.	70946

(2) Any incidental surplus remaining in the municipal public	70947
improvement tax increment equivalent fund or an account of that	70948
fund, or in the urban redevelopment tax increment equivalent fund,	70949
upon dissolution of the account or fund shall be used as provided	70950
in division (D)(1) of this section or transferred to the general	70951
fund of the municipal corporation.	70952

Sec. 5709.62. (A) In any municipal corporation that is	70953
defined by the United States office of management and budget as a	70954
principal city of a metropolitan statistical area, the legislative	70955
authority of the municipal corporation may designate one or more	70956
areas within its municipal corporation as proposed enterprise	70957
zones. Upon designating an area, the legislative authority shall	70958
petition the director of development for certification of the area	70959
as having the characteristics set forth in division (A)(1) of	70960
section 5709.61 of the Revised Code as amended by Substitute	70961
Senate Bill No. 19 of the 120th general assembly. Except as	70962
otherwise provided in division (E) of this section, on and after	70963
July 1, 1994, legislative authorities shall not enter into	70964
agreements under this section unless the legislative authority has	70965
petitioned the director and the director has certified the zone	70966
under this section as amended by that act; however, all agreements	70967
entered into under this section as it existed prior to July 1,	70968
1994, and the incentives granted under those agreements shall	70969
remain in effect for the period agreed to under those agreements.	70970
Within sixty days after receiving such a petition, the director	70971
shall determine whether the area has the characteristics set forth	70972
in division (A)(1) of section 5709.61 of the Revised Code, and	70973
shall forward the findings to the legislative authority of the	70974
municipal corporation. If the director certifies the area as	70975
having those characteristics, and thereby certifies it as a zone,	70976
the legislative authority may enter into an agreement with an	70977
enterprise under division (C) of this section.	70978

(B) Any enterprise that wishes to enter into an agreement	70979
with a municipal corporation under division (C) of this section	70980
shall submit a proposal to the legislative authority of the	70981
municipal corporation on a form prescribed by the director of	70982
development, together with the application fee established under	70983
section 5709.68 of the Revised Code. The form shall require the	70984
following information:	70985

(1) An estimate of the number of new employees whom the	70986
enterprise intends to hire, or of the number of employees whom the	70987
enterprise intends to retain, within the zone at a facility that	70988
is a project site, and an estimate of the amount of payroll of the	70989
enterprise attributable to these employees;	70990

(2) An estimate of the amount to be invested by the	70991
enterprise to establish, expand, renovate, or occupy a facility,	70992
including investment in new buildings, additions or improvements	70993
to existing buildings, machinery, equipment, furniture, fixtures,	70994
and inventory;	70995

(3) A listing of the enterprise's current investment, if any,	70996
in a facility as of the date of the proposal's submission.	70997

The enterprise shall review and update the listings required	70998
under this division to reflect material changes, and any agreement	70999
entered into under division (C) of this section shall set forth	71000
final estimates and listings as of the time the agreement is	71001
entered into. The legislative authority may, on a separate form	71002
and at any time, require any additional information necessary to	71003
determine whether an enterprise is in compliance with an agreement	71004
and to collect the information required to be reported under	71005
section 5709.68 of the Revised Code.	71006

(C) Upon receipt and investigation of a proposal under	71007
division (B) of this section, if the legislative authority finds	71008
that the enterprise submitting the proposal is qualified by	71009
financial responsibility and business experience to create and	71010
preserve employment opportunities in the zone and improve the	71011
economic climate of the municipal corporation, the legislative	71012
authority, on or before October 15, ~~2012~~2013, may do one of the	71013
following:	71014

(1) Enter into an agreement with the enterprise under which	71015
the enterprise agrees to establish, expand, renovate, or occupy a	71016
facility and hire new employees, or preserve employment	71017
opportunities for existing employees, in return for one or more of	71018
the following incentives:	71019

(a) Exemption for a specified number of years, not to exceed	71020
fifteen, of a specified portion, up to seventy-five per cent, of	71021
the assessed value of tangible personal property first used in	71022
business at the project site as a result of the agreement. If an	71023
exemption for inventory is specifically granted in the agreement	71024
pursuant to this division, the exemption applies to inventory	71025
required to be listed pursuant to sections 5711.15 and 5711.16 of	71026
the Revised Code, except that, in the instance of an expansion or	71027
other situations in which an enterprise was in business at the	71028
facility prior to the establishment of the zone, the inventory	71029
that is exempt is that amount or value of inventory in excess of	71030
the amount or value of inventory required to be listed in the	71031
personal property tax return of the enterprise in the return for	71032
the tax year in which the agreement is entered into.	71033

(b) Exemption for a specified number of years, not to exceed	71034
fifteen, of a specified portion, up to seventy-five per cent, of	71035
the increase in the assessed valuation of real property	71036
constituting the project site subsequent to formal approval of the	71037
agreement by the legislative authority;	71038

(c) Provision for a specified number of years, not to exceed	71039
fifteen, of any optional services or assistance that the municipal	71040
corporation is authorized to provide with regard to the project	71041
site.	71042

(2) Enter into an agreement under which the enterprise agrees	71043
to remediate an environmentally contaminated facility, to spend an	71044
amount equal to at least two hundred fifty per cent of the true	71045
value in money of the real property of the facility prior to	71046
remediation as determined for the purposes of property taxation to	71047
establish, expand, renovate, or occupy the remediated facility,	71048
and to hire new employees or preserve employment opportunities for	71049
existing employees at the remediated facility, in return for one	71050
or more of the following incentives:	71051

(a) Exemption for a specified number of years, not to exceed	71052
fifteen, of a specified portion, not to exceed fifty per cent, of	71053
the assessed valuation of the real property of the facility prior	71054
to remediation;	71055

(b) Exemption for a specified number of years, not to exceed	71056
fifteen, of a specified portion, not to exceed one hundred per	71057
cent, of the increase in the assessed valuation of the real	71058
property of the facility during or after remediation;	71059

(c) The incentive under division (C)(1)(a) of this section,	71060
except that the percentage of the assessed value of such property	71061
exempted from taxation shall not exceed one hundred per cent;	71062

(d) The incentive under division (C)(1)(c) of this section.

71063

(3) Enter into an agreement with an enterprise that plans to	71064
purchase and operate a large manufacturing facility that has	71065
ceased operation or announced its intention to cease operation, in	71066
return for exemption for a specified number of years, not to	71067
exceed fifteen, of a specified portion, up to one hundred per	71068
cent, of the assessed value of tangible personal property used in	71069
business at the project site as a result of the agreement, or of	71070
the assessed valuation of real property constituting the project	71071
site, or both.	71072

(D)(1) Notwithstanding divisions (C)(1)(a) and (b) of this	71073
section, the portion of the assessed value of tangible personal	71074
property or of the increase in the assessed valuation of real	71075
property exempted from taxation under those divisions may exceed	71076
seventy-five per cent in any year for which that portion is	71077
exempted if the average percentage exempted for all years in which	71078
the agreement is in effect does not exceed sixty per cent, or if	71079
the board of education of the city, local, or exempted village	71080
school district within the territory of which the property is or	71081
will be located approves a percentage in excess of seventy-five	71082
per cent.	71083

(2) Notwithstanding any provision of the Revised Code to the	71084
contrary, the exemptions described in divisions (C)(1)(a), (b),	71085
and (c), (C)(2)(a), (b), and (c), and (C)(3) of this section may	71086
be for up to fifteen years if the board of education of the city,	71087
local, or exempted village school district within the territory of	71088
which the property is or will be located approves a number of	71089
years in excess of ten.	71090

(3) For the purpose of obtaining the approval of a city,	71091
local, or exempted village school district under division (D)(1)	71092
or (2) of this section, the legislative authority shall deliver to	71093
the board of education a notice not later than forty-five days	71094
prior to approving the agreement, excluding Saturdays, Sundays,	71095
and legal holidays as defined in section 1.14 of the Revised Code.	71096
The notice shall state the percentage to be exempted, an estimate	71097
of the true value of the property to be exempted, and the number	71098
of years the property is to be exempted. The board of education,	71099
by resolution adopted by a majority of the board, shall approve or	71100
disapprove the agreement and certify a copy of the resolution to	71101
the legislative authority not later than fourteen days prior to	71102
the date stipulated by the legislative authority as the date upon	71103
which approval of the agreement is to be formally considered by	71104
the legislative authority. The board of education may include in	71105
the resolution conditions under which the board would approve the	71106
agreement, including the execution of an agreement to compensate	71107
the school district under division (B) of section 5709.82 of the	71108
Revised Code. The legislative authority may approve the agreement	71109
at any time after the board of education certifies its resolution	71110
approving the agreement to the legislative authority, or, if the	71111
board approves the agreement conditionally, at any time after the	71112
conditions are agreed to by the board and the legislative	71113
authority.	71114

If a board of education has adopted a resolution waiving its	71115
right to approve agreements and the resolution remains in effect,	71116
approval of an agreement by the board is not required under this	71117
division. If a board of education has adopted a resolution	71118
allowing a legislative authority to deliver the notice required	71119
under this division fewer than forty-five business days prior to	71120
the legislative authority's approval of the agreement, the	71121
legislative authority shall deliver the notice to the board not	71122
later than the number of days prior to such approval as prescribed	71123
by the board in its resolution. If a board of education adopts a	71124
resolution waiving its right to approve agreements or shortening	71125
the notification period, the board shall certify a copy of the	71126
resolution to the legislative authority. If the board of education	71127
rescinds such a resolution, it shall certify notice of the	71128
rescission to the legislative authority.	71129

(4) The legislative authority shall comply with section	71130
5709.83 of the Revised Code unless the board of education has	71131
adopted a resolution under that section waiving its right to	71132
receive such notice.	71133

(E) This division applies to zones certified by the director	71134
of development under this section prior to July 22, 1994.	71135

On or before October 15, ~~2012~~2013, the legislative authority	71136
that designated a zone to which this division applies may enter	71137
into an agreement with an enterprise if the legislative authority	71138
finds that the enterprise satisfies one of the criteria described	71139
in divisions (E)(1) to (5) of this section:	71140

(1) The enterprise currently has no operations in this state	71141
and, subject to approval of the agreement, intends to establish	71142
operations in the zone;	71143

(2) The enterprise currently has operations in this state	71144
and, subject to approval of the agreement, intends to establish	71145
operations at a new location in the zone that would not result in	71146
a reduction in the number of employee positions at any of the	71147
enterprise's other locations in this state;	71148

(3) The enterprise, subject to approval of the agreement,	71149
intends to relocate operations, currently located in another	71150
state, to the zone;	71151

(4) The enterprise, subject to approval of the agreement,	71152
intends to expand operations at an existing site in the zone that	71153
the enterprise currently operates;	71154

(5) The enterprise, subject to approval of the agreement,	71155
intends to relocate operations, currently located in this state,	71156
to the zone, and the director of development has issued a waiver	71157
for the enterprise under division (B) of section 5709.633 of the	71158
Revised Code.	71159

The agreement shall require the enterprise to agree to	71160
establish, expand, renovate, or occupy a facility in the zone and	71161
hire new employees, or preserve employment opportunities for	71162
existing employees, in return for one or more of the incentives	71163
described in division (C) of this section.	71164

(F) All agreements entered into under this section shall be	71165
in the form prescribed under section 5709.631 of the Revised Code.	71166
After an agreement is entered into under this section, if the	71167
legislative authority revokes its designation of a zone, or if the	71168
director of development revokes a zone's certification, any	71169
entitlements granted under the agreement shall continue for the	71170
number of years specified in the agreement.	71171

(G) Except as otherwise provided in this division, an	71172
agreement entered into under this section shall require that the	71173
enterprise pay an annual fee equal to the greater of one per cent	71174
of the dollar value of incentives offered under the agreement or	71175
five hundred dollars; provided, however, that if the value of the	71176
incentives exceeds two hundred fifty thousand dollars, the fee	71177
shall not exceed two thousand five hundred dollars. The fee shall	71178
be payable to the legislative authority once per year for each	71179
year the agreement is effective on the days and in the form	71180
specified in the agreement. Fees paid shall be deposited in a	71181
special fund created for such purpose by the legislative authority	71182
and shall be used by the legislative authority exclusively for the	71183
purpose of complying with section 5709.68 of the Revised Code and	71184
by the tax incentive review council created under section 5709.85	71185
of the Revised Code exclusively for the purposes of performing the	71186
duties prescribed under that section. The legislative authority	71187
may waive or reduce the amount of the fee charged against an	71188
enterprise, but such a waiver or reduction does not affect the	71189
obligations of the legislative authority or the tax incentive	71190
review council to comply with section 5709.68 or 5709.85 of the	71191
Revised Code.	71192

(H) When an agreement is entered into pursuant to this	71193
section, the legislative authority authorizing the agreement shall	71194
forward a copy of the agreement to the director of development and	71195
to the tax commissioner within fifteen days after the agreement is	71196
entered into. If any agreement includes terms not provided for in	71197
section 5709.631 of the Revised Code affecting the revenue of a	71198
city, local, or exempted village school district or causing	71199
revenue to be forgone by the district, including any compensation	71200
to be paid to the school district pursuant to section 5709.82 of	71201
the Revised Code, those terms also shall be forwarded in writing	71202
to the director of development along with the copy of the	71203
agreement forwarded under this division.	71204

(I) After an agreement is entered into, the enterprise shall	71205
file with each personal property tax return required to be filed,	71206
or annual report required to be filed under section 5727.08 of the	71207
Revised Code, while the agreement is in effect, an informational	71208
return, on a form prescribed by the tax commissioner for that	71209
purpose, setting forth separately the property, and related costs	71210
and values, exempted from taxation under the agreement.	71211

(J) Enterprises may agree to give preference to residents of	71212
the zone within which the agreement applies relative to residents	71213
of this state who do not reside in the zone when hiring new	71214
employees under the agreement.	71215

(K) An agreement entered into under this section may include	71216
a provision requiring the enterprise to create one or more	71217
temporary internship positions for students enrolled in a course	71218
of study at a school or other educational institution in the	71219
vicinity, and to create a scholarship or provide another form of	71220
educational financial assistance for students holding such a	71221
position in exchange for the student's commitment to work for the	71222
enterprise at the completion of the internship.	71223

(L) The tax commissioner's authority in determining the	71224
accuracy of any exemption granted by an agreement entered into	71225
under this section is limited to divisions (C)(1)(a) and (b),	71226
(C)(2)(a), (b), and (c), (C)(3), (D), and (I) of this section and	71227
divisions (B)(1) to (10) of section 5709.631 of the Revised Code	71228
and, as authorized by law, to enforcing any modification to, or	71229
revocation of, that agreement by the legislative authority of a	71230
municipal corporation or the director of development.	71231

Sec. 5709.63. (A) With the consent of the legislative	71232
authority of each affected municipal corporation or of a board of	71233
township trustees, a board of county commissioners may, in the	71234
manner set forth in section 5709.62 of the Revised Code, designate	71235
one or more areas in one or more municipal corporations or in	71236
unincorporated areas of the county as proposed enterprise zones. A	71237
board of county commissioners may designate no more than one area	71238
within a township, or within adjacent townships, as a proposed	71239
enterprise zone. The board shall petition the director of	71240
development for certification of the area as having the	71241
characteristics set forth in division (A)(1) or (2) of section	71242
5709.61 of the Revised Code as amended by Substitute Senate Bill	71243
No. 19 of the 120th general assembly. Except as otherwise provided	71244
in division (D) of this section, on and after July 1, 1994, boards	71245
of county commissioners shall not enter into agreements under this	71246
section unless the board has petitioned the director and the	71247
director has certified the zone under this section as amended by	71248
that act; however, all agreements entered into under this section	71249
as it existed prior to July 1, 1994, and the incentives granted	71250
under those agreements shall remain in effect for the period	71251
agreed to under those agreements. The director shall make the	71252
determination in the manner provided under section 5709.62 of the	71253
Revised Code.	71254

Any enterprise wishing to enter into an agreement with the	71255
board under division (B) or (D) of this section shall submit a	71256
proposal to the board on the form and accompanied by the	71257
application fee prescribed under division (B) of section 5709.62	71258
of the Revised Code. The enterprise shall review and update the	71259
estimates and listings required by the form in the manner required	71260
under that division. The board may, on a separate form and at any	71261
time, require any additional information necessary to determine	71262
whether an enterprise is in compliance with an agreement and to	71263
collect the information required to be reported under section	71264
5709.68 of the Revised Code.	71265

(B) If the board of county commissioners finds that an	71266
enterprise submitting a proposal is qualified by financial	71267
responsibility and business experience to create and preserve	71268
employment opportunities in the zone and to improve the economic	71269
climate of the municipal corporation or municipal corporations or	71270
the unincorporated areas in which the zone is located and to which	71271
the proposal applies, the board, on or before October 15, ~~2012~~	71272
2013, and with the consent of the legislative authority of each	71273
affected municipal corporation or of the board of township	71274
trustees may do either of the following:	71275

(1) Enter into an agreement with the enterprise under which	71276
the enterprise agrees to establish, expand, renovate, or occupy a	71277
facility in the zone and hire new employees, or preserve	71278
employment opportunities for existing employees, in return for the	71279
following incentives:	71280

(a) When the facility is located in a municipal corporation,	71281
the board may enter into an agreement for one or more of the	71282
incentives provided in division (C) of section 5709.62 of the	71283
Revised Code, subject to division (D) of that section;	71284

(b) When the facility is located in an unincorporated area,	71285
the board may enter into an agreement for one or more of the	71286
following incentives:	71287

(i) Exemption for a specified number of years, not to exceed	71288
fifteen, of a specified portion, up to sixty per cent, of the	71289
assessed value of tangible personal property first used in	71290
business at a project site as a result of the agreement. If an	71291
exemption for inventory is specifically granted in the agreement	71292
pursuant to this division, the exemption applies to inventory	71293
required to be listed pursuant to sections 5711.15 and 5711.16 of	71294
the Revised Code, except, in the instance of an expansion or other	71295
situations in which an enterprise was in business at the facility	71296
prior to the establishment of the zone, the inventory that is	71297
exempt is that amount or value of inventory in excess of the	71298
amount or value of inventory required to be listed in the personal	71299
property tax return of the enterprise in the return for the tax	71300
year in which the agreement is entered into.	71301

(ii) Exemption for a specified number of years, not to exceed	71302
fifteen, of a specified portion, up to sixty per cent, of the	71303
increase in the assessed valuation of real property constituting	71304
the project site subsequent to formal approval of the agreement by	71305
the board;	71306

(iii) Provision for a specified number of years, not to	71307
exceed fifteen, of any optional services or assistance the board	71308
is authorized to provide with regard to the project site;	71309

(iv) The incentive described in division (C)(2) of section	71310
5709.62 of the Revised Code.	71311

(2) Enter into an agreement with an enterprise that plans to	71312
purchase and operate a large manufacturing facility that has	71313
ceased operation or has announced its intention to cease	71314
operation, in return for exemption for a specified number of	71315
years, not to exceed fifteen, of a specified portion, up to one	71316
hundred per cent, of tangible personal property used in business	71317
at the project site as a result of the agreement, or of real	71318
property constituting the project site, or both.	71319

(C)(1)(a) Notwithstanding divisions (B)(1)(b)(i) and (ii) of	71320
this section, the portion of the assessed value of tangible	71321
personal property or of the increase in the assessed valuation of	71322
real property exempted from taxation under those divisions may	71323
exceed sixty per cent in any year for which that portion is	71324
exempted if the average percentage exempted for all years in which	71325
the agreement is in effect does not exceed fifty per cent, or if	71326
the board of education of the city, local, or exempted village	71327
school district within the territory of which the property is or	71328
will be located approves a percentage in excess of sixty per cent.	71329

(b) Notwithstanding any provision of the Revised Code to the	71330
contrary, the exemptions described in divisions (B)(1)(b)(i),	71331
(ii), (iii), and (iv) and (B)(2) of this section may be for up to	71332
fifteen years if the board of education of the city, local, or	71333
exempted village school district within the territory of which the	71334
property is or will be located approves a number of years in	71335
excess of ten.	71336

(c) For the purpose of obtaining the approval of a city,	71337
local, or exempted village school district under division	71338
(C)(1)(a) or (b) of this section, the board of county	71339
commissioners shall deliver to the board of education a notice not	71340
later than forty-five days prior to approving the agreement,	71341
excluding Saturdays, Sundays, and legal holidays as defined in	71342
section 1.14 of the Revised Code. The notice shall state the	71343
percentage to be exempted, an estimate of the true value of the	71344
property to be exempted, and the number of years the property is	71345
to be exempted. The board of education, by resolution adopted by a	71346
majority of the board, shall approve or disapprove the agreement	71347
and certify a copy of the resolution to the board of county	71348
commissioners not later than fourteen days prior to the date	71349
stipulated by the board of county commissioners as the date upon	71350
which approval of the agreement is to be formally considered by	71351
the board of county commissioners. The board of education may	71352
include in the resolution conditions under which the board would	71353
approve the agreement, including the execution of an agreement to	71354
compensate the school district under division (B) of section	71355
5709.82 of the Revised Code. The board of county commissioners may	71356
approve the agreement at any time after the board of education	71357
certifies its resolution approving the agreement to the board of	71358
county commissioners, or, if the board of education approves the	71359
agreement conditionally, at any time after the conditions are	71360
agreed to by the board of education and the board of county	71361
commissioners.	71362

If a board of education has adopted a resolution waiving its	71363
right to approve agreements and the resolution remains in effect,	71364
approval of an agreement by the board of education is not required	71365
under division (C) of this section. If a board of education has	71366
adopted a resolution allowing a board of county commissioners to	71367
deliver the notice required under this division fewer than	71368
forty-five business days prior to approval of the agreement by the	71369
board of county commissioners, the board of county commissioners	71370
shall deliver the notice to the board of education not later than	71371
the number of days prior to such approval as prescribed by the	71372
board of education in its resolution. If a board of education	71373
adopts a resolution waiving its right to approve agreements or	71374
shortening the notification period, the board of education shall	71375
certify a copy of the resolution to the board of county	71376
commissioners. If the board of education rescinds such a	71377
resolution, it shall certify notice of the rescission to the board	71378
of county commissioners.	71379

(2) The board of county commissioners shall comply with	71380
section 5709.83 of the Revised Code unless the board of education	71381
has adopted a resolution under that section waiving its right to	71382
receive such notice.	71383

(D) This division applies to zones certified by the director	71384
of development under this section prior to July 22, 1994.	71385

On or before October 15, ~~2012~~2013, and with the consent of	71386
the legislative authority of each affected municipal corporation	71387
or board of township trustees of each affected township, the board	71388
of county commissioners that designated a zone to which this	71389
division applies may enter into an agreement with an enterprise if	71390
the board finds that the enterprise satisfies one of the criteria	71391
described in divisions (D)(1) to (5) of this section:	71392

(1) The enterprise currently has no operations in this state	71393
and, subject to approval of the agreement, intends to establish	71394
operations in the zone;	71395

(2) The enterprise currently has operations in this state	71396
and, subject to approval of the agreement, intends to establish	71397
operations at a new location in the zone that would not result in	71398
a reduction in the number of employee positions at any of the	71399
enterprise's other locations in this state;	71400

(3) The enterprise, subject to approval of the agreement,	71401
intends to relocate operations, currently located in another	71402
state, to the zone;	71403

(4) The enterprise, subject to approval of the agreement,	71404
intends to expand operations at an existing site in the zone that	71405
the enterprise currently operates;	71406

(5) The enterprise, subject to approval of the agreement,	71407
intends to relocate operations, currently located in this state,	71408
to the zone, and the director of development has issued a waiver	71409
for the enterprise under division (B) of section 5709.633 of the	71410
Revised Code.	71411

The agreement shall require the enterprise to agree to	71412
establish, expand, renovate, or occupy a facility in the zone and	71413
hire new employees, or preserve employment opportunities for	71414
existing employees, in return for one or more of the incentives	71415
described in division (B) of this section.	71416

(E) All agreements entered into under this section shall be	71417
in the form prescribed under section 5709.631 of the Revised Code.	71418
After an agreement under this section is entered into, if the	71419
board of county commissioners revokes its designation of a zone,	71420
or if the director of development revokes a zone's certification,	71421
any entitlements granted under the agreement shall continue for	71422
the number of years specified in the agreement.	71423

(F) Except as otherwise provided in this division, an	71424
agreement entered into under this section shall require that the	71425
enterprise pay an annual fee equal to the greater of one per cent	71426
of the dollar value of incentives offered under the agreement or	71427
five hundred dollars; provided, however, that if the value of the	71428
incentives exceeds two hundred fifty thousand dollars, the fee	71429
shall not exceed two thousand five hundred dollars. The fee shall	71430
be payable to the board of county commissioners once per year for	71431
each year the agreement is effective on the days and in the form	71432
specified in the agreement. Fees paid shall be deposited in a	71433
special fund created for such purpose by the board and shall be	71434
used by the board exclusively for the purpose of complying with	71435
section 5709.68 of the Revised Code and by the tax incentive	71436
review council created under section 5709.85 of the Revised Code	71437
exclusively for the purposes of performing the duties prescribed	71438
under that section. The board may waive or reduce the amount of	71439
the fee charged against an enterprise, but such waiver or	71440
reduction does not affect the obligations of the board or the tax	71441
incentive review council to comply with section 5709.68 or 5709.85	71442
of the Revised Code, respectively.	71443

(G) With the approval of the legislative authority of a	71444
municipal corporation or the board of township trustees of a	71445
township in which a zone is designated under division (A) of this	71446
section, the board of county commissioners may delegate to that	71447
legislative authority or board any powers and duties of the board	71448
of county commissioners to negotiate and administer agreements	71449
with regard to that zone under this section.	71450

(H) When an agreement is entered into pursuant to this	71451
section, the board of county commissioners authorizing the	71452
agreement or the legislative authority or board of township	71453
trustees that negotiates and administers the agreement shall	71454
forward a copy of the agreement to the director of development and	71455
to the tax commissioner within fifteen days after the agreement is	71456
entered into. If any agreement includes terms not provided for in	71457
section 5709.631 of the Revised Code affecting the revenue of a	71458
city, local, or exempted village school district or causing	71459
revenue to be foregone by the district, including any compensation	71460
to be paid to the school district pursuant to section 5709.82 of	71461
the Revised Code, those terms also shall be forwarded in writing	71462
to the director of development along with the copy of the	71463
agreement forwarded under this division.	71464

(I) After an agreement is entered into, the enterprise shall	71465
file with each personal property tax return required to be filed,	71466
or annual report that is required to be filed under section	71467
5727.08 of the Revised Code, while the agreement is in effect, an	71468
informational return, on a form prescribed by the tax commissioner	71469
for that purpose, setting forth separately the property, and	71470
related costs and values, exempted from taxation under the	71471
agreement.	71472

(J) Enterprises may agree to give preference to residents of	71473
the zone within which the agreement applies relative to residents	71474
of this state who do not reside in the zone when hiring new	71475
employees under the agreement.	71476

(K) An agreement entered into under this section may include	71477
a provision requiring the enterprise to create one or more	71478
temporary internship positions for students enrolled in a course	71479
of study at a school or other educational institution in the	71480
vicinity, and to create a scholarship or provide another form of	71481
educational financial assistance for students holding such a	71482
position in exchange for the student's commitment to work for the	71483
enterprise at the completion of the internship.	71484

(L) The tax commissioner's authority in determining the	71485
accuracy of any exemption granted by an agreement entered into	71486
under this section is limited to divisions (B)(1)(b)(i) and (ii),	71487
(B)(2), (C), and (I) of this section, division (B)(1)(b)(iv) of	71488
this section as it pertains to divisions (C)(2)(a), (b), and (c)	71489
of section 5709.62 of the Revised Code, and divisions (B)(1) to	71490
(10) of section 5709.631 of the Revised Code and, as authorized by	71491
law, to enforcing any modification to, or revocation of, that	71492
agreement by the board of county commissioners or the director of	71493
development or, if the board's powers and duties are delegated	71494
under division (G) of this section, by the legislative authority	71495
of a municipal corporation or board of township trustees.	71496

Sec. 5709.632. (A)(1) The legislative authority of a	71497
municipal corporation defined by the United States office of	71498
management and budget as a principal city of a metropolitan	71499
statistical area may, in the manner set forth in section 5709.62	71500
of the Revised Code, designate one or more areas in the municipal	71501
corporation as a proposed enterprise zone.	71502

(2) With the consent of the legislative authority of each	71503
affected municipal corporation or of a board of township trustees,	71504
a board of county commissioners may, in the manner set forth in	71505
section 5709.62 of the Revised Code, designate one or more areas	71506
in one or more municipal corporations or in unincorporated areas	71507
of the county as proposed urban jobs and enterprise zones, except	71508
that a board of county commissioners may designate no more than	71509
one area within a township, or within adjacent townships, as a	71510
proposed urban jobs and enterprise zone.	71511

(3) The legislative authority or board of county	71512
commissioners may petition the director of development for	71513
certification of the area as having the characteristics set forth	71514
in division (A)(3) of section 5709.61 of the Revised Code. Within	71515
sixty days after receiving such a petition, the director shall	71516
determine whether the area has the characteristics set forth in	71517
that division and forward the findings to the legislative	71518
authority or board of county commissioners. If the director	71519
certifies the area as having those characteristics and thereby	71520
certifies it as a zone, the legislative authority or board may	71521
enter into agreements with enterprises under division (B) of this	71522
section. Any enterprise wishing to enter into an agreement with a	71523
legislative authority or board of county commissioners under this	71524
section and satisfying one of the criteria described in divisions	71525
(B)(1) to (5) of this section shall submit a proposal to the	71526
legislative authority or board on the form prescribed under	71527
division (B) of section 5709.62 of the Revised Code and shall	71528
review and update the estimates and listings required by the form	71529
in the manner required under that division. The legislative	71530
authority or board may, on a separate form and at any time,	71531
require any additional information necessary to determine whether	71532
an enterprise is in compliance with an agreement and to collect	71533
the information required to be reported under section 5709.68 of	71534
the Revised Code.	71535

(B) Prior to entering into an agreement with an enterprise,	71536
the legislative authority or board of county commissioners shall	71537
determine whether the enterprise submitting the proposal is	71538
qualified by financial responsibility and business experience to	71539
create and preserve employment opportunities in the zone and to	71540
improve the economic climate of the municipal corporation or	71541
municipal corporations or the unincorporated areas in which the	71542
zone is located and to which the proposal applies, and whether the	71543
enterprise satisfies one of the following criteria:	71544

(1) The enterprise currently has no operations in this state	71545
and, subject to approval of the agreement, intends to establish	71546
operations in the zone;	71547

(2) The enterprise currently has operations in this state	71548
and, subject to approval of the agreement, intends to establish	71549
operations at a new location in the zone that would not result in	71550
a reduction in the number of employee positions at any of the	71551
enterprise's other locations in this state;	71552

(3) The enterprise, subject to approval of the agreement,	71553
intends to relocate operations, currently located in another	71554
state, to the zone;	71555

(4) The enterprise, subject to approval of the agreement,	71556
intends to expand operations at an existing site in the zone that	71557
the enterprise currently operates;	71558

(5) The enterprise, subject to approval of the agreement,	71559
intends to relocate operations, currently located in this state,	71560
to the zone, and the director of development has issued a waiver	71561
for the enterprise under division (B) of section 5709.633 of the	71562
Revised Code.	71563

(C) If the legislative authority or board determines that the	71564
enterprise is so qualified and satisfies one of the criteria	71565
described in divisions (B)(1) to (5) of this section, the	71566
legislative authority or board may, after complying with section	71567
5709.83 of the Revised Code and on or before October 15, ~~2012~~	71568
2013, and, in the case of a board of commissioners, with the	71569
consent of the legislative authority of each affected municipal	71570
corporation or of the board of township trustees, enter into an	71571
agreement with the enterprise under which the enterprise agrees to	71572
establish, expand, renovate, or occupy a facility in the zone and	71573
hire new employees, or preserve employment opportunities for	71574
existing employees, in return for the following incentives:	71575

(1) When the facility is located in a municipal corporation,	71576
a legislative authority or board of commissioners may enter into	71577
an agreement for one or more of the incentives provided in	71578
division (C) of section 5709.62 of the Revised Code, subject to	71579
division (D) of that section;	71580

(2) When the facility is located in an unincorporated area, a	71581
board of commissioners may enter into an agreement for one or more	71582
of the incentives provided in divisions (B)(1)(b), (B)(2), and	71583
(B)(3) of section 5709.63 of the Revised Code, subject to division	71584
(C) of that section.	71585

(D) All agreements entered into under this section shall be	71586
in the form prescribed under section 5709.631 of the Revised Code.	71587
After an agreement under this section is entered into, if the	71588
legislative authority or board of county commissioners revokes its	71589
designation of the zone, or if the director of development revokes	71590
the zone's certification, any entitlements granted under the	71591
agreement shall continue for the number of years specified in the	71592
agreement.	71593

(E) Except as otherwise provided in this division, an	71594
agreement entered into under this section shall require that the	71595
enterprise pay an annual fee equal to the greater of one per cent	71596
of the dollar value of incentives offered under the agreement or	71597
five hundred dollars; provided, however, that if the value of the	71598
incentives exceeds two hundred fifty thousand dollars, the fee	71599
shall not exceed two thousand five hundred dollars. The fee shall	71600
be payable to the legislative authority or board of commissioners	71601
once per year for each year the agreement is effective on the days	71602
and in the form specified in the agreement. Fees paid shall be	71603
deposited in a special fund created for such purpose by the	71604
legislative authority or board and shall be used by the	71605
legislative authority or board exclusively for the purpose of	71606
complying with section 5709.68 of the Revised Code and by the tax	71607
incentive review council created under section 5709.85 of the	71608
Revised Code exclusively for the purposes of performing the duties	71609
prescribed under that section. The legislative authority or board	71610
may waive or reduce the amount of the fee charged against an	71611
enterprise, but such waiver or reduction does not affect the	71612
obligations of the legislative authority or board or the tax	71613
incentive review council to comply with section 5709.68 or 5709.85	71614
of the Revised Code, respectively.	71615

(F) With the approval of the legislative authority of a	71616
municipal corporation or the board of township trustees of a	71617
township in which a zone is designated under division (A)(2) of	71618
this section, the board of county commissioners may delegate to	71619
that legislative authority or board any powers and duties of the	71620
board to negotiate and administer agreements with regard to that	71621
zone under this section.	71622

(G) When an agreement is entered into pursuant to this	71623
section, the legislative authority or board of commissioners	71624
authorizing the agreement shall forward a copy of the agreement to	71625
the director of development and to the tax commissioner within	71626
fifteen days after the agreement is entered into. If any agreement	71627
includes terms not provided for in section 5709.631 of the Revised	71628
Code affecting the revenue of a city, local, or exempted village	71629
school district or causing revenue to be forgone by the district,	71630
including any compensation to be paid to the school district	71631
pursuant to section 5709.82 of the Revised Code, those terms also	71632
shall be forwarded in writing to the director of development along	71633
with the copy of the agreement forwarded under this division.	71634

(H) After an agreement is entered into, the enterprise shall	71635
file with each personal property tax return required to be filed	71636
while the agreement is in effect, an informational return, on a	71637
form prescribed by the tax commissioner for that purpose, setting	71638
forth separately the property, and related costs and values,	71639
exempted from taxation under the agreement.	71640

(I) An agreement entered into under this section may include	71641
a provision requiring the enterprise to create one or more	71642
temporary internship positions for students enrolled in a course	71643
of study at a school or other educational institution in the	71644
vicinity, and to create a scholarship or provide another form of	71645
educational financial assistance for students holding such a	71646
position in exchange for the student's commitment to work for the	71647
enterprise at the completion of the internship.	71648

Sec. 5709.73. (A) As used in this section and section	71649
5709.74 of the Revised Code:	71650

(1) "Business day" means a day of the week excluding	71651
Saturday, Sunday, and a legal holiday as defined in section 1.14	71652
of the Revised Code.	71653

(2) "Further improvements" or "improvements" means the	71654
increase in the assessed value of real property that would first	71655
appear on the tax list and duplicate of real and public utility	71656
property after the effective date of a resolution adopted under	71657
this section were it not for the exemption granted by that	71658
resolution. For purposes of division (B) of this section,	71659
"improvements" do not include any property used or to be used for	71660
residential purposes.	71661

(3) "Housing renovation" means a project carried out for	71662
residential purposes.	71663

(4) "Incentive district" has the same meaning as in section	71664
5709.40 of the Revised Code, except that a blighted area is in the	71665
unincorporated area of a township.	71666

(5) "Project" and "public infrastructure improvement" have	71667
the same meanings as in section 5709.40 of the Revised Code.	71668

(B) A board of township trustees may, by unanimous vote,	71669
adopt a resolution that declares to be a public purpose any public	71670
infrastructure improvements made that are necessary for the	71671
development of certain parcels of land located in the	71672
unincorporated area of the township. Except with the approval	71673
under division (D) of this section of the board of education of	71674
each city, local, or exempted village school district within which	71675
the improvements are located, the resolution may exempt from real	71676
property taxation not more than seventy-five per cent of further	71677
improvements to a parcel of land that directly benefits from the	71678
public infrastructure improvements, for a period of not more than	71679
ten years. The resolution shall specify the percentage of the	71680
further improvements to be exempted and the life of the exemption.	71681

(C)(1) A board of township trustees may adopt, by unanimous	71682
vote, a resolution creating an incentive district and declaring	71683
improvements to parcels within the district to be a public purpose	71684
and, except as provided in division (F) of this section, exempt	71685
from taxation as provided in this section, but no board of	71686
township trustees of a township that has a population that exceeds	71687
twenty-five thousand, as shown by the most recent federal	71688
decennial census, shall adopt a resolution that creates an	71689
incentive district if the sum of the taxable value of real	71690
property in the proposed district for the preceding tax year and	71691
the taxable value of all real property in the township that would	71692
have been taxable in the preceding year were it not for the fact	71693
that the property was in an existing incentive district and	71694
therefore exempt from taxation exceeds twenty-five per cent of the	71695
taxable value of real property in the township for the preceding	71696
tax year. The district shall be located within the unincorporated	71697
area of the township and shall not include any territory that is	71698
included within a district created under division (B) of section	71699
5709.78 of the Revised Code. The resolution shall delineate the	71700
boundary of the district and specifically identify each parcel	71701
within the district. A district may not include any parcel that is	71702
or has been exempted from taxation under division (B) of this	71703
section or that is or has been within another district created	71704
under this division. A resolution may create more than one	71705
district, and more than one resolution may be adopted under	71706
division (C)(1) of this section.	71707

(2) Not later than thirty days prior to adopting a resolution	71708
under division (C)(1) of this section, if the township intends to	71709
apply for exemptions from taxation under section 5709.911 of the	71710
Revised Code on behalf of owners of real property located within	71711
the proposed incentive district, the board shall conduct a public	71712
hearing on the proposed resolution. Not later than thirty days	71713
prior to the public hearing, the board shall give notice of the	71714
public hearing and the proposed resolution by first class mail to	71715
every real property owner whose property is located within the	71716
boundaries of the proposed incentive district that is the subject	71717
of the proposed resolution.	71718

(3)(a) A resolution adopted under division (C)(1) of this	71719
section shall specify the life of the incentive district and the	71720
percentage of the improvements to be exempted, shall designate the	71721
public infrastructure improvements made, to be made, or in the	71722
process of being made, that benefit or serve, or, once made, will	71723
benefit or serve parcels in the district. The resolution also	71724
shall identify one or more specific projects being, or to be,	71725
undertaken in the district that place additional demand on the	71726
public infrastructure improvements designated in the resolution.	71727
The project identified may, but need not be, the project under	71728
division (C)(3)(b) of this section that places real property in	71729
use for commercial or industrial purposes.	71730

A resolution adopted under division (C)(1) of this section on	71731
or after March 30, 2006, shall not designate police or fire	71732
equipment as public infrastructure improvements, and no service	71733
payment provided for in section 5709.74 of the Revised Code and	71734
received by the township under the resolution shall be used for	71735
police or fire equipment.	71736

(b) A resolution adopted under division (C)(1) of this	71737
section may authorize the use of service payments provided for in	71738
section 5709.74 of the Revised Code for the purpose of housing	71739
renovations within the incentive district, provided that the	71740
resolution also designates public infrastructure improvements that	71741
benefit or serve the district, and that a project within the	71742
district places real property in use for commercial or industrial	71743
purposes. Service payments may be used to finance or support	71744
loans, deferred loans, and grants to persons for the purpose of	71745
housing renovations within the district. The resolution shall	71746
designate the parcels within the district that are eligible for	71747
housing renovations. The resolution shall state separately the	71748
amount or the percentages of the expected aggregate service	71749
payments that are designated for each public infrastructure	71750
improvement and for the purpose of housing renovations.	71751

(4) Except with the approval of the board of education of	71752
each city, local, or exempted village school district within the	71753
territory of which the incentive district is or will be located,	71754
and subject to division (E) of this section, the life of an	71755
incentive district shall not exceed ten years, and the percentage	71756
of improvements to be exempted shall not exceed seventy-five per	71757
cent. With approval of the board of education, the life of a	71758
district may be not more than thirty years, and the percentage of	71759
improvements to be exempted may be not more than one hundred per	71760
cent. The approval of a board of education shall be obtained in	71761
the manner provided in division (D) of this section.	71762

(D) Improvements with respect to a parcel may be exempted	71763
from taxation under division (B) of this section, and improvements	71764
to parcels within an incentive district may be exempted from	71765
taxation under division (C) of this section, for up to ten years	71766
or, with the approval of the board of education of the city,	71767
local, or exempted village school district within which the parcel	71768
or district is located, for up to thirty years. The percentage of	71769
the improvements exempted from taxation may, with such approval,	71770
exceed seventy-five per cent, but shall not exceed one hundred per	71771
cent. Not later than forty-five business days prior to adopting a	71772
resolution under this section declaring improvements to be a	71773
public purpose that is subject to approval by a board of education	71774
under this division, the board of township trustees shall deliver	71775
to the board of education a notice stating its intent to adopt a	71776
resolution making that declaration. The notice regarding	71777
improvements with respect to a parcel under division (B) of this	71778
section shall identify the parcels for which improvements are to	71779
be exempted from taxation, provide an estimate of the true value	71780
in money of the improvements, specify the period for which the	71781
improvements would be exempted from taxation and the percentage of	71782
the improvements that would be exempted, and indicate the date on	71783
which the board of township trustees intends to adopt the	71784
resolution. The notice regarding improvements made under division	71785
(C) of this section to parcels within an incentive district shall	71786
delineate the boundaries of the district, specifically identify	71787
each parcel within the district, identify each anticipated	71788
improvement in the district, provide an estimate of the true value	71789
in money of each such improvement, specify the life of the	71790
district and the percentage of improvements that would be	71791
exempted, and indicate the date on which the board of township	71792
trustees intends to adopt the resolution. The board of education,	71793
by resolution adopted by a majority of the board, may approve the	71794
exemption for the period or for the exemption percentage specified	71795
in the notice; may disapprove the exemption for the number of	71796
years in excess of ten, may disapprove the exemption for the	71797
percentage of the improvements to be exempted in excess of	71798
seventy-five per cent, or both; or may approve the exemption on	71799
the condition that the board of township trustees and the board of	71800
education negotiate an agreement providing for compensation to the	71801
school district equal in value to a percentage of the amount of	71802
taxes exempted in the eleventh and subsequent years of the	71803
exemption period or, in the case of exemption percentages in	71804
excess of seventy-five per cent, compensation equal in value to a	71805
percentage of the taxes that would be payable on the portion of	71806
the improvements in excess of seventy-five per cent were that	71807
portion to be subject to taxation, or other mutually agreeable	71808
compensation.	71809

The board of education shall certify its resolution to the	71810
board of township trustees not later than fourteen days prior to	71811
the date the board of township trustees intends to adopt the	71812
resolution as indicated in the notice. If the board of education	71813
and the board of township trustees negotiate a mutually acceptable	71814
compensation agreement, the resolution may declare the	71815
improvements a public purpose for the number of years specified in	71816
the resolution or, in the case of exemption percentages in excess	71817
of seventy-five per cent, for the exemption percentage specified	71818
in the resolution. In either case, if the board of education and	71819
the board of township trustees fail to negotiate a mutually	71820
acceptable compensation agreement, the resolution may declare the	71821
improvements a public purpose for not more than ten years, and	71822
shall not exempt more than seventy-five per cent of the	71823
improvements from taxation. If the board of education fails to	71824
certify a resolution to the board of township trustees within the	71825
time prescribed by this section, the board of township trustees	71826
thereupon may adopt the resolution and may declare the	71827
improvements a public purpose for up to thirty years or, in the	71828
case of exemption percentages proposed in excess of seventy-five	71829
per cent, for the exemption percentage specified in the	71830
resolution. The board of township trustees may adopt the	71831
resolution at any time after the board of education certifies its	71832
resolution approving the exemption to the board of township	71833
trustees, or, if the board of education approves the exemption on	71834
the condition that a mutually acceptable compensation agreement be	71835
negotiated, at any time after the compensation agreement is agreed	71836
to by the board of education and the board of township trustees.	71837
If a mutually acceptable compensation agreement is negotiated	71838
between the board of township trustees and the board of education,	71839
including agreements for payments in lieu of taxes under section	71840
5709.74 of the Revised Code, the board of township trustees shall	71841
compensate the joint vocational school district within which the	71842
parcel or district is located at the same rate and under the same	71843
terms received by the city, local, or exempted village school	71844
district.	71845

If a board of education has adopted a resolution waiving its	71846
right to approve exemptions from taxation under this section and	71847
the resolution remains in effect, approval of such exemptions by	71848
the board of education is not required under division (D) of this	71849
section. If a board of education has adopted a resolution allowing	71850
a board of township trustees to deliver the notice required under	71851
division (D) of this section fewer than forty-five business days	71852
prior to adoption of the resolution by the board of township	71853
trustees, the board of township trustees shall deliver the notice	71854
to the board of education not later than the number of days prior	71855
to the adoption as prescribed by the board of education in its	71856
resolution. If a board of education adopts a resolution waiving	71857
its right to approve exemptions or shortening the notification	71858
period, the board of education shall certify a copy of the	71859
resolution to the board of township trustees. If the board of	71860
education rescinds the resolution, it shall certify notice of the	71861
rescission to the board of township trustees.	71862

If the board of township trustees is not required by division	71863
(D) of this section to notify the board of education of the board	71864
of township trustees' intent to declare improvements to be a	71865
public purpose, the board of township trustees shall comply with	71866
the notice requirements imposed under section 5709.83 of the	71867
Revised Code before taking formal action to adopt the resolution	71868
making that declaration, unless the board of education has adopted	71869
a resolution under that section waiving its right to receive the	71870
notice.	71871

(E)(1) If a proposed resolution under division (C)(1) of this	71872
section exempts improvements with respect to a parcel within an	71873
incentive district for more than ten years, or the percentage of	71874
the improvement exempted from taxation exceeds seventy-five per	71875
cent, not later than forty-five business days prior to adopting	71876
the resolution the board of township trustees shall deliver to the	71877
board of county commissioners of the county within which the	71878
incentive district is or will be located a notice that states its	71879
intent to adopt a resolution creating an incentive district. The	71880
notice shall include a copy of the proposed resolution, identify	71881
the parcels for which improvements are to be exempted from	71882
taxation, provide an estimate of the true value in money of the	71883
improvements, specify the period of time for which the	71884
improvements would be exempted from taxation, specify the	71885
percentage of the improvements that would be exempted from	71886
taxation, and indicate the date on which the board of township	71887
trustees intends to adopt the resolution.	71888

(2) The board of county commissioners, by resolution adopted	71889
by a majority of the board, may object to the exemption for the	71890
number of years in excess of ten, may object to the exemption for	71891
the percentage of the improvement to be exempted in excess of	71892
seventy-five per cent, or both. If the board of county	71893
commissioners objects, the board may negotiate a mutually	71894
acceptable compensation agreement with the board of township	71895
trustees. In no case shall the compensation provided to the board	71896
of county commissioners exceed the property taxes foregone due to	71897
the exemption. If the board of county commissioners objects, and	71898
the board of county commissioners and board of township trustees	71899
fail to negotiate a mutually acceptable compensation agreement,	71900
the resolution adopted under division (C)(1) of this section shall	71901
provide to the board of county commissioners compensation in the	71902
eleventh and subsequent years of the exemption period equal in	71903
value to not more than fifty per cent of the taxes that would be	71904
payable to the county or, if the board of county commissioner's	71905
objection includes an objection to an exemption percentage in	71906
excess of seventy-five per cent, compensation equal in value to	71907
not more than fifty per cent of the taxes that would be payable to	71908
the county, on the portion of the improvement in excess of	71909
seventy-five per cent, were that portion to be subject to	71910
taxation. The board of county commissioners shall certify its	71911
resolution to the board of township trustees not later than thirty	71912
days after receipt of the notice.	71913

(3) If the board of county commissioners does not object or	71914
fails to certify its resolution objecting to an exemption within	71915
thirty days after receipt of the notice, the board of township	71916
trustees may adopt its resolution, and no compensation shall be	71917
provided to the board of county commissioners. If the board of	71918
county commissioners timely certifies its resolution objecting to	71919
the trustees' resolution, the board of township trustees may adopt	71920
its resolution at any time after a mutually acceptable	71921
compensation agreement is agreed to by the board of county	71922
commissioners and the board of township trustees, or, if no	71923
compensation agreement is negotiated, at any time after the board	71924
of township trustees agrees in the proposed resolution to provide	71925
compensation to the board of county commissioners of fifty per	71926
cent of the taxes that would be payable to the county in the	71927
eleventh and subsequent years of the exemption period or on the	71928
portion of the improvement in excess of seventy-five per cent,	71929
were that portion to be subject to taxation.	71930

(F) Service payments in lieu of taxes that are attributable	71931
to any amount by which the effective tax rate of either a renewal	71932
levy with an increase or a replacement levy exceeds the effective	71933
tax rate of the levy renewed or replaced, or that are attributable	71934
to an additional levy, for a levy authorized by the voters for any	71935
of the following purposes on or after January 1, 2006, and which	71936
are provided pursuant to a resolution creating an incentive	71937
district under division (C)(1) of this section that is adopted on	71938
or after January 1, 2006, shall be distributed to the appropriate	71939
taxing authority as required under division (C) of section 5709.74	71940
of the Revised Code in an amount equal to the amount of taxes from	71941
that additional levy or from the increase in the effective tax	71942
rate of such renewal or replacement levy that would have been	71943
payable to that taxing authority from the following levies were it	71944
not for the exemption authorized under division (C) of this	71945
section:	71946

(1) A tax levied under division (L) of section 5705.19 or	71947
section 5705.191 of the Revised Code for community mental	71948
retardation and developmental disabilities programs and services	71949
pursuant to Chapter 5126. of the Revised Code;	71950

(2) A tax levied under division (Y) of section 5705.19 of the	71951
Revised Code for providing or maintaining senior citizens services	71952
or facilities;	71953

(3) A tax levied under section 5705.22 of the Revised Code	71954
for county hospitals;	71955

(4) A tax levied by a joint-county district or by a county	71956
under section 5705.19, 5705.191, or 5705.221 of the Revised Code	71957
for alcohol, drug addiction, and mental health services or	71958
families;	71959

(5) A tax levied under section 5705.23 of the Revised Code	71960
for library purposes;	71961

(6) A tax levied under section 5705.24 of the Revised Code	71962
for the support of children services and the placement and care of	71963
children;	71964

(7) A tax levied under division (Z) of section 5705.19 of the	71965
Revised Code for the provision and maintenance of zoological park	71966
services and facilities under section 307.76 of the Revised Code;	71967

(8) A tax levied under section 511.27 or division (H) of	71968
section 5705.19 of the Revised Code for the support of township	71969
park districts;	71970

(9) A tax levied under division (A), (F), or (H) of section	71971
5705.19 of the Revised Code for parks and recreational purposes of	71972
a joint recreation district organized pursuant to division (B) of	71973
section 755.14 of the Revised Code;	71974

(10) A tax levied under section 1545.20 or 1545.21 of the	71975
Revised Code for park district purposes;	71976

(11) A tax levied under section 5705.191 of the Revised Code	71977
for the purpose of making appropriations for public assistance;	71978
human or social services; public relief; public welfare; public	71979
health and hospitalization; and support of general hospitals;	71980

(12) A tax levied under section 3709.29 of the Revised Code	71981
for a general health district program.	71982

(G) An exemption from taxation granted under this section	71983
commences with the tax year specified in the resolution so long as	71984
the year specified in the resolution commences after the effective	71985
date of the resolution. If the resolution specifies a year	71986
commencing before the effective date of the resolution or	71987
specifies no year whatsoever, the exemption commences with the tax	71988
year in which an exempted improvement first appears on the tax	71989
list and duplicate of real and public utility property and that	71990
commences after the effective date of the resolution. Except as	71991
otherwise provided in this division, the exemption ends on the	71992
date specified in the resolution as the date the improvement	71993
ceases to be a public purpose or the incentive district expires,	71994
or ends on the date on which the public infrastructure	71995
improvements and housing renovations are paid in full from the	71996
township public improvement tax increment equivalent fund	71997
established under section 5709.75 of the Revised Code, whichever	71998
occurs first. The exemption of an improvement with respect to a	71999
parcel or within an incentive district may end on a later date, as	72000
specified in the resolution, if the board of township trustees and	72001
the board of education of the city, local, or exempted village	72002
school district within which the parcel or district is located	72003
have entered into a compensation agreement under section 5709.82	72004
of the Revised Code with respect to the improvement and the board	72005
of education has approved the term of the exemption under division	72006
(D) of this section, but in no case shall the improvement be	72007
exempted from taxation for more than thirty years. The board of	72008
township trustees may, by majority vote, adopt a resolution	72009
permitting the township to enter into such agreements as the board	72010
finds necessary or appropriate to provide for the construction or	72011
undertaking of public infrastructure improvements and housing	72012
renovations. Any exemption shall be claimed and allowed in the	72013
same or a similar manner as in the case of other real property	72014
exemptions. If an exemption status changes during a tax year, the	72015
procedure for the apportionment of the taxes for that year is the	72016
same as in the case of other changes in tax exemption status	72017
during the year.	72018

(H) The board of township trustees may issue the notes of the	72019
township to finance all costs pertaining to the construction or	72020
undertaking of public infrastructure improvements and housing	72021
renovations made pursuant to this section. The notes shall be	72022
signed by the board and attested by the signature of the township	72023
fiscal officer, shall bear interest not to exceed the rate	72024
provided in section 9.95 of the Revised Code, and are not subject	72025
to Chapter 133. of the Revised Code. The resolution authorizing	72026
the issuance of the notes shall pledge the funds of the township	72027
public improvement tax increment equivalent fund established	72028
pursuant to section 5709.75 of the Revised Code to pay the	72029
interest on and principal of the notes. The notes, which may	72030
contain a clause permitting prepayment at the option of the board,	72031
shall be offered for sale on the open market or given to the	72032
vendor or contractor if no sale is made.	72033

(I) The township, not later than fifteen days after the	72034
adoption of a resolution under this section, shall submit to the	72035
director of development a copy of the resolution. On or before the	72036
thirty-first day of March of each year, the township shall submit	72037
a status report to the director of development. The report shall	72038
indicate, in the manner prescribed by the director, the progress	72039
of the project during each year that the exemption remains in	72040
effect, including a summary of the receipts from service payments	72041
in lieu of taxes; expenditures of money from the fund created	72042
under section 5709.75 of the Revised Code; a description of the	72043
public infrastructure improvements and housing renovations	72044
financed with the expenditures; and a quantitative summary of	72045
changes in private investment resulting from each project.	72046

(J) Nothing in this section shall be construed to prohibit a	72047
board of township trustees from declaring to be a public purpose	72048
improvements with respect to more than one parcel.	72049

(K) A board of township trustees that adopted a resolution	72050
under this section prior to July 21, 1994, may amend that	72051
resolution to include any additional public infrastructure	72052
improvement. A board of township trustees that seeks by the	72053
amendment to utilize money from its township public improvement	72054
tax increment equivalent fund for land acquisition in aid of	72055
industry, commerce, distribution, or research, demolition on	72056
private property, or stormwater and flood remediation projects may	72057
do so provided that the board currently is a party to a	72058
hold-harmless agreement with the board of education of the city,	72059
local, or exempted village school district within the territory of	72060
which are located the parcels that are subject to an exemption.	72061
For the purposes of this division, a "hold-harmless agreement"	72062
means an agreement under which the board of township trustees	72063
agrees to compensate the school district for one hundred per cent	72064
of the tax revenue that the school district would have received	72065
from further improvements to parcels designated in the resolution	72066
were it not for the exemption granted by the resolution.	72067

(L) With respect to improvements resulting from projects, for	72068
which construction commences on or after April 1, 2012, and on or	72069
before December 31, 2013, and for which an exemption has been or	72070
will be sought pursuant to a resolution adopted under this section	72071
before December 14, 2001, "property used or to be used for	72072
residential purposes," as used in division (A)(2) of this section,	72073
means only that property that, as improved, the tax commissioner	72074
would classify as residential land and improvements pursuant to	72075
rules adopted by the tax commissioner under section 5713.041 of	72076
the Revised Code.	72077

Sec. 5709.75. (A) Any township that receives service payments	72078
in lieu of taxes under section 5709.74 of the Revised Code shall	72079
establish a township public improvement tax increment equivalent	72080
fund into which those payments shall be deposited. If the board of	72081
township trustees has adopted a resolution under division (C) of	72082
section 5709.73 of the Revised Code, the township shall establish	72083
at least one account in that fund with respect to resolutions	72084
adopted under division (B) of that section, and one account with	72085
respect to each incentive district created by a resolution adopted	72086
under division (C) of that section. If a resolution adopted under	72087
division (C) of section 5709.73 of the Revised Code also	72088
authorizes the use of service payments for housing renovations	72089
within the incentive district, the township shall establish	72090
separate accounts for the service payments designated for public	72091
infrastructure improvements and for the service payments	72092
authorized for the purpose of housing renovations.	72093

(B) Except as otherwise provided in division (C) or (D) of	72094
this section, money deposited in an account of the township public	72095
improvement tax increment equivalent fund shall be used by the	72096
township to pay the costs of public infrastructure improvements	72097
designated in or the housing renovations authorized by the	72098
resolution with respect to which the account is established,	72099
including any interest on and principal of the notes; in the case	72100
of an account established with respect to a resolution adopted	72101
under division (C) of that section, money in the account shall be	72102
used to finance the public infrastructure improvements designated,	72103
or the housing renovations authorized, for each incentive district	72104
created in the resolution. Money in an account shall not be used	72105
to finance or support housing renovations that take place after	72106
the incentive district has expired.	72107

(C)(1)(a) A township may distribute money in such an account	72108
to any school district in which the exempt property is located in	72109
an amount not to exceed the amount of real property taxes that	72110
such school district would have received from the improvement if	72111
it were not exempt from taxation. The resolution establishing the	72112
fund shall set forth the percentage of such maximum amount that	72113
will be distributed to any affected school district.	72114

(b) A township also may distribute money in such an account	72115
as follows:	72116

(i) To a board of county commissioners, in the amount that is	72117
owed to the board pursuant to division (E) of section 5709.73 of	72118
the Revised Code;	72119

(ii) To a county in accordance with section 5709.913 of the	72120
Revised Code.	72121

(2) Money from an account in a township public improvement	72122
tax increment equivalent fund may be distributed under division	72123
(C)(1)(b) of this section, regardless of the date a resolution was	72124
adopted under section 5709.73 of the Revised Code that prompted	72125
the establishment of the account, even if the resolution was	72126
adopted prior to March 30, 2006.	72127

(D) A board of township trustees that adopted a resolution	72128
under division (B) of section 5709.73 of the Revised Code before	72129
January 1, 1995, and that, with respect to property exempted under	72130
such a resolution, is party to a hold-harmless agreement, may	72131
appropriate and expend unencumbered money in the fund to pay	72132
current public safety expenses of the township. A township	72133
appropriating and expending money under this division shall	72134
reimburse the fund for the sum so appropriated and expended not	72135
later than the day the exemption granted under the resolution	72136
expires. For the purposes of this division, a "hold-harmless	72137
agreement" is an agreement with the board of education of a city,	72138
local, or exempted village school district under which the board	72139
of township trustees agrees to compensate the school district for	72140
one hundred per cent of the tax revenue the school district would	72141
have received from improvements to parcels designated in the	72142
resolution were it not for the exemption granted by the	72143
resolution.	72144

(E)(1) A township may use surplus money in the township	72145
public improvement tax increment equivalent fund, or an account of	72146
that fund, to repay a loan or provide matching funds for a grant	72147
awarded to the township under the local government innovation	72148
program created in section 189.02 of the Revised Code.	72149

(2) Any incidental surplus remaining in the township public	72150
improvement tax increment equivalent fund or an account of that	72151
fund upon dissolution of the account or fund shall be used as	72152
provided in division (E)(1) of this section or transferred to the	72153
general fund of the township.	72154

Sec. 5709.80. (A) The board of county commissioners of a	72155
county that receives service payments in lieu of taxes under	72156
section 5709.79 of the Revised Code shall establish a	72157
redevelopment tax equivalent fund into which those payments shall	72158
be deposited. Separate accounts shall be established in the fund	72159
for each resolution adopted by the board of county commissioners	72160
under section 5709.78 of the Revised Code. If the board of county	72161
commissioners has adopted a resolution under division (B) of that	72162
section, the county shall establish an account for each incentive	72163
district created in that resolution. If a resolution adopted under	72164
division (B) of section 5709.78 of the Revised Code also	72165
authorizes the use of service payments for housing renovations	72166
within the incentive district, the county shall establish separate	72167
accounts for the service payments designated for public	72168
infrastructure improvements and for the service payments	72169
authorized for the purpose of housing renovations.	72170

(B) Moneys deposited into each account of the fund shall be	72171
used by the county to pay the cost of constructing or repairing	72172
the public infrastructure improvements designated in, or the	72173
housing renovations authorized by, the resolution, or for each	72174
incentive district for which the account is established, to pay	72175
the interest on and principal of bonds or notes issued under	72176
division (B) of section 307.082 or division (A) of section 5709.81	72177
of the Revised Code, or for the purposes pledged under division	72178
(B) of section 5709.81 of the Revised Code. Money in an account	72179
shall not be used to finance or support housing renovations that	72180
take place after the incentive district has expired.	72181

(C)(1)(a) The board of county commissioners may distribute	72182
money in an account to any school district in which the exempt	72183
property is located in an amount not to exceed the amount of real	72184
property taxes that such school district would have received from	72185
the improvement if it were not exempt from taxation. The	72186
resolution under which an account is established shall set forth	72187
the percentage of such maximum amount that will be distributed to	72188
any affected school district.	72189

(b) A board of county commissioners also may distribute money	72190
in such an account as follows:	72191

(i) To a board of township trustees or legislative authority	72192
of a municipal corporation, as applicable, in the amount that is	72193
owed to the board of township trustees or legislative authority	72194
pursuant to division (D) of section 5709.78 of the Revised Code;	72195

(ii) To a township in accordance with section 5709.914 of the	72196
Revised Code.	72197

(2) Money from an account in the redevelopment tax equivalent	72198
fund may be distributed under division (C)(1)(b) of this section,	72199
regardless of the date a resolution was adopted under section	72200
5709.78 of the Revised Code that prompted the establishment of the	72201
account, even if the resolution was adopted prior to ~~the effective~~	72202
~~date of this amendment~~March 30, 2006.	72203

(D) ~~An account dissolves upon fulfillment of the purposes for~~	72204
~~which money in the account may be used~~(1) A county may use	72205
surplus money in an account of the redevelopment tax equivalent	72206
fund to repay a loan or provide matching funds for a grant awarded	72207
to the county under the local government innovation program	72208
created in section 189.02 of the Revised Code.	72209

(2) An incidental surplus remaining in an account upon its	72210
dissolution shall be used as provided in division (D)(1) of this	72211
section or transferred to the general fund of the county.	72212

Sec. 5713.012. (A) For purposes of this section:

72213

(1) "Mass appraisal project" means any sexennial reappraisal,	72214
triennial update, or other revaluation of all real property or the	72215
valuation of newly constructed real property in accordance with	72216
section 5713.01 of the Revised Code.	72217

(2) "Qualified project manager" means a person who plans,	72218
manages, coordinates, and controls the execution of a mass	72219
appraisal project under the direction of the county auditor and	72220
who has all of the following qualifications:	72221

(a) Has passed a comprehensive final examination that	72222
corresponds to a course, approved by the superintendent of real	72223
estate and professional licensing, that consists of at least	72224
thirty hours of instruction, quizzes, and learning aids. The	72225
superintendent shall not approve a course under this division that	72226
does not address the following topics in both the instruction and	72227
the examination:	72228

(i) Concepts and principles of mass appraisal as they relate	72229
to the assessment of real property for the purposes of ad valorem	72230
taxation;	72231

(ii) Methods of data collection and data management relative	72232
to parcels of real property, including modern alternative data	72233
collection methods and currently utilized computer-assisted mass	72234
appraisal systems;	72235

(iii) Assessment sales-ratio study including various measures	72236
of central tendency, the various measures of dispersion of data	72237
about the mean, median, and dollar-weighted mean, and the	72238
advantages and disadvantages of various analysis techniques;	72239

(iv) Traditional approaches of property valuation, including	72240
the cost approach, the sales comparison approach, and the income	72241
approach, as they are implemented in a mass appraisal project;	72242

(v) Methods and systems for model building and model	72243
calibration as related to mass appraisal of real property;	72244

(vi) Methods of production management and project analysis	72245
such as Gantt charts, program evaluation and review technique	72246
(PERT) charts, frequency distribution charts, line graphs, bar	72247
charts, and scatter diagrams, as they are utilized in the mass	72248
appraisal area.	72249

(b) Has completed at least seven hours of continuing	72250
education courses in mass appraisal during the two-year period	72251
immediately succeeding the year in which the person passed the	72252
examination required in division (A)(2)(a) of this section, and	72253
during each two-year period thereafter.	72254

(B)(1) The county auditor, in acting as the assessor of all	72255
real property in the auditor's county for taxation purposes in	72256
accordance with section 5713.01 of the Revised Code, shall involve	72257
at least one qualified project manager in each mass assessment	72258
project that originates more than two years after the effective	72259
date of the enactment of this section by H.B. 487 of the 129th	72260
general assembly.	72261

(2) The tax commissioner, beginning two years after the	72262
effective date of the enactment of this section by H.B. 487 of the	72263
129th general assembly, shall not approve any contract entered	72264
into by the auditor under division (E) of section 5713.01 of the	72265
Revised Code, with a person to do all or any part of the work	72266
necessary to the performance of the auditor's duties as assessor	72267
unless that person designates an officer or employee of that	72268
person, with the appropriate credentials, to act as a qualified	72269
project manager.	72270

(3) The tax commissioner, beginning two years after the	72271
effective date of the enactment of this section by H.B. 487 of the	72272
129th general assembly, shall not include any person that has not	72273
designated an officer or employee, with the appropriate	72274
credentials, to act as a qualified project manager on a list	72275
generated by the commissioner for either of the following	72276
purposes:	72277

(a) To assist county auditors in selecting a person to do all	72278
or any part of the work necessary to the performance of the	72279
auditor's duties as assessor of all real property under section	72280
5713.01 of the Revised Code;	72281

(b) To assist the commissioner in the consideration of	72282
whether to approve or disapprove the auditor's application	72283
requesting authority to employ an appraisal firm or individual	72284
appraiser.	72285

Sec. 5713.03. The county auditor, from the best sources of	72286
information available, shall determine, as nearly as practicable,	72287
the true value of the fee simple estate, as if unencumbered, of	72288
each separate tract, lot, or parcel of real property and of	72289
buildings, structures, and improvements located thereon and the	72290
current agricultural use value of land valued for tax purposes in	72291
accordance with section 5713.31 of the Revised Code, in every	72292
district, according to the rules prescribed by this chapter and	72293
section 5715.01 of the Revised Code, and in accordance with the	72294
uniform rules and methods of valuing and assessing real property	72295
as adopted, prescribed, and promulgated by the tax commissioner.	72296
HeThe auditor shall determine the taxable value of all real	72297
property by reducing its true or current agricultural use value by	72298
the percentage ordered by the commissioner. In determining the	72299
true value of any tract, lot, or parcel of real estate under this	72300
section, if such tract, lot, or parcel has been the subject of an	72301
arm's length sale between a willing seller and a willing buyer	72302
within a reasonable length of time, either before or after the tax	72303
lien date, the auditor ~~shall~~may consider the sale price of such	72304
tract, lot, or parcel to be the true value for taxation purposes.	72305
However, the sale price in an arm's length transaction between a	72306
willing seller and a willing buyer shall not be considered the	72307
true value of the property sold if subsequent to the sale:	72308

(A) The tract, lot, or parcel of real estate loses value due	72309
to some casualty;	72310

(B) An improvement is added to the property. Nothing in this	72311
section or section 5713.01 of the Revised Code and no rule adopted	72312
under section 5715.01 of the Revised Code shall require the county	72313
auditor to change the true value in money of any property in any	72314
year except a year in which the tax commissioner is required to	72315
determine under section 5715.24 of the Revised Code whether the	72316
property has been assessed as required by law.	72317

The county auditor shall adopt and use a real property record	72318
approved by the commissioner for each tract, lot, or parcel of	72319
real property, setting forth the true and taxable value of land	72320
and, in the case of land valued in accordance with section 5713.31	72321
of the Revised Code, its current agricultural use value, the	72322
number of acres of arable land, permanent pasture land, woodland,	72323
and wasteland in each tract, lot, or parcel. HeThe auditor shall	72324
record pertinent information and the true and taxable value of	72325
each building, structure, or improvement to land, which value	72326
shall be included as a separate part of the total value of each	72327
tract, lot, or parcel of real property.	72328

Sec. 5719.13. Taxes assessed on the shares of stock of a	72329
dealer in intangibles shall be a lien on such shares from the	72330
first day of January in each year until they are paid. Each dealer	72331
in intangibles shall collect the taxes due from the owners of such	72332
shares and ~~pay~~remit the same to the tax commissioner, who shall	72333
accept the remittance on behalf of the treasurer of state. The	72334
remittance shall be made payable to the treasurer of state and	72335
shall be made in the form prescribed by the commissioner. Any	72336
dealer in intangibles who fails to pay said taxes as provided in	72337
this section shall be liable by way of penalty for the gross	72338
amount of the taxes due from all the owners of shares, and for an	72339
additional amount of one hundred dollars for each day of delay in	72340
the payment of said taxes.	72341

A dealer in intangibles who pays ~~to the treasurer of state~~	72342
the taxes assessed upon its shares in the hands of its	72343
shareholders, as provided in this section, may deduct the amount	72344
thereof from dividends or distributions that are due or thereafter	72345
become due on such shares, and shall have a lien on the shares of	72346
stock and all funds belonging to such shareholders in its	72347
possession, or which come into its possession, for reimbursement	72348
of such tax paid on account of the shareholders, with legal	72349
interest. Such lien may be enforced in any appropriate manner.	72350

Sec. 5725.14. (A) As used in this section and section 5725.15	72351
of the Revised Code:	72352

(1) "Billing address" of a customer means one of the	72353
following:	72354

(a) The customer's address as set forth in any notice,	72355
statement, bill, or similar acknowledgment shall be presumed to be	72356
the address where the customer is located with respect to the	72357
transaction for which the dealer issued the notice, statement,	72358
bill, or acknowledgment.	72359

(b) If the dealer issues any notice, statement, bill, or	72360
similar acknowledgment electronically to an address other than a	72361
street address or post office box address or if the dealer does	72362
not issue such a notice, statement, bill, or acknowledgment, the	72363
customer's street address as set forth in the records of the	72364
dealer at the time of the transaction shall be presumed to be the	72365
address where the customer is located.	72366

(2) "Commissions" includes but is not limited to brokerage	72367
commissions, asset management fees, and similar fees charged in	72368
the regular course of business to a customer for the maintenance	72369
and management of the customer's account.	72370

(3) "Gross receipts" means one of the following:

72371

(a) In the case of a dealer in intangibles principally	72372
engaged in the business of lending money or discounting loans, the	72373
aggregate amount of loans effected or discounted;	72374

(b) In the case of a dealer in intangibles principally	72375
engaged in the business of selling or buying stocks, bonds, or	72376
other similar securities either on the dealer's own account or as	72377
agent for another, the aggregate amount of all commissions	72378
charged.	72379

(B) Each dealer in intangibles shall return to the tax	72380
commissioner between the first and second Mondays of March,	72381
annually, a report exhibiting in detail, and under appropriate	72382
heads, the dealer's resources and liabilities at the close of	72383
business on the thirty-first day of December next preceding,	72384
together with remittance made payable to the treasurer of state of	72385
the tax levied under division (D) of section 5707.03 of the	72386
Revised Code. In the case of an unincorporated dealer in	72387
intangibles, such report shall also exhibit the amount or value as	72388
of the date of conversion of all property within the year	72389
preceding the date of listing, and on or after the first day of	72390
November converted into bonds or other securities not taxed to the	72391
extent such nontaxable bonds or securities may be shown in the	72392
dealer's resources on such date, without deduction for	72393
indebtedness created in the purchase of such nontaxable bonds or	72394
securities.	72395

If a dealer in intangibles maintains separate business	72396
offices, whether within this state only or within and without this	72397
state, the report shall also show the gross receipts from business	72398
done at each such office during the year ending on the	72399
thirty-first day of December next preceding.	72400

For the purposes of this section and section 5725.15 of the	72401
Revised Code, business is considered done at an office when it	72402
originates at such office, but the receipts from business	72403
originating at one office and consummated at another office shall	72404
be divided equitably between such offices.	72405

(C) For the purposes of this section and section 5725.15 of	72406
the Revised Code, in the case of a dealer in intangibles	72407
principally engaged in the business of selling or buying stocks,	72408
bonds, or other similar securities either on the dealer's own	72409
account or as agent for another, the dealer's capital, surplus,	72410
and undivided profits employed in this state shall bear the same	72411
ratio to the dealer's total capital, surplus, and undivided	72412
profits employed everywhere as the amount described in division	72413
(C)(1) of this section bears to the amount described in division	72414
(C)(2) of this section:	72415

(1) The sum of the commissions earned during the year covered	72416
by the ~~report~~return from transactions with respect to brokerage	72417
accounts owned by customers having billing addresses in this	72418
state;	72419

(2) The sum of the commissions earned during that year from	72420
transactions with respect to brokerage accounts owned by all of	72421
the dealer's customers.	72422

(D) An incorporated dealer in intangibles which owns or	72423
controls fifty-one per cent or more of the common stock of another	72424
incorporated dealer in intangibles may, under uniform regulations	72425
prescribed by the tax commissioner, make a consolidated return for	72426
the purpose of sections 5725.01 to 5725.26~~, inclusive,~~ of the	72427
Revised Code. In such case the parent corporation making such	72428
return is not required to include in its resources any of the	72429
stocks, securities, or other obligations of its subsidiary	72430
dealers, nor permitted to include in its liabilities any of its	72431
own securities or other obligations belonging to its subsidiaries.	72432

Sec. 5725.15. ~~Upon receiving the~~The report required by	72433
section 5725.14 of the Revised Code~~, the tax commissioner~~ shall	72434
~~ascertain and assess~~include as taxable property all the shares of	72435
~~such dealers~~the dealer in intangibles, the capital stock of which	72436
is divided into shares, representing capital employed in this	72437
state, and the value of the property representing the capital, not	72438
divided into shares, employed in this state by such dealer in	72439
intangibles, according to the aggregate fair value of the capital,	72440
surplus, and undivided profits as shown in such report, including	72441
in the case of an unincorporated dealer, the value of property	72442
converted into nontaxable bonds or securities within the preceding	72443
year, without deduction for indebtedness created in the purchase	72444
of such nontaxable bonds or securities.	72445

The filing by a dealer of the report required by section	72446
5725.14 of the Revised Code shall be the preliminary assessment of	72447
the shares and property listed therein.	72448

If a dealer has separate offices, whether within this state	72449
only or within and without this state, the ~~commissioner~~dealer	72450
shall ~~find~~list the amount of capital employed in each office in	72451
this state, which shall bear the same ratio to the entire capital	72452
of such dealer, wherever employed, as the gross receipts of such	72453
office bears to the entire gross receipts of such dealer, wherever	72454
arising.	72455

The aggregate book value of the capital, surplus, and	72456
undivided profits of a dealer in intangibles as shown in such	72457
report shall be taken as the fair value thereof for the purpose of	72458
the assessment required by this section, unless the commissioner	72459
finds that such book value is greater or less than the then fair	72460
value of said capital, surplus, and undivided profits. Claim for	72461
any deduction from book value of capital, surplus, and undivided	72462
profits must be made in writing by the dealer in intangibles at	72463
the time of making ~~his~~the dealer's return.	72464

Whenever the commissioner assesses the fair value of the	72465
capital, surplus, and undivided profits of a dealer in intangibles	72466
at an amount in excess of the ~~book~~ value thereof as ~~shown by its~~	72467
~~report, or disallows any claim for deduction from book value of~~	72468
~~such capital, surplus, and undivided profits~~listed in the	72469
dealer's report, or assesses the shares or property of a dealer	72470
that fails to file a return, hethe commissioner shall give notice	72471
and proceed as provided in section 5711.31 of the Revised Code.	72472

Sec. 5725.16. On or before the first Monday of May, annually	72473
, the tax commissioner shall certify to the treasurer of state the	72474
assessment of the shares or property representing capital, or	72475
apportionment of either, of each dealer in intangibles doing	72476
business in the state, showing separately the amount representing	72477
capital employed in each county.	72478

The treasurer of state shall place the amounts certified on	72479
the intangible property tax list in ~~his~~the treasurer of state's	72480
office in the names of the dealers represented by those	72481
certificates.	72482

~~Any certificate of abatement issued pursuant to section~~	72483
~~5703.05 of the Revised Code for the overpayment of the tax on~~	72484
~~shares or property representing capital of a~~The commissioner	72485
shall collect, on behalf of the treasurer, the taxes due on the	72486
assessments certified pursuant to this section, together with any	72487
applicable penalties or interest, in the manner prescribed by	72488
section 5725.22 of the Revised Code. The commissioner shall	72489
immediately forward to the treasurer any payments received under	72490
this section or section 5719.13 of the Revised Code. The treasurer	72491
shall credit all such payments against the appropriate amounts on	72492
the intangible property tax list in the treasurer's office.	72493

A dealer in intangibles may ~~be tendered by the payee or~~	72494
~~transferee thereof to the treasurer of state as payment for any~~	72495
~~taxes allocable to the county in which the~~ claim ~~for~~a refund of	72496
any overpayment ~~arose~~of the tax levied under division (D) of	72497
section 5707.03 of the Revised Code by filing an application for	72498
final assessment in accordance with section 5711.26 of the Revised	72499
Code.	72500

Sec. 5725.17. (A) In addition to any other penalty imposed	72501
by this chapter or Chapter 5703. of the Revised Code, the	72502
following penalties shall apply:	72503

(1) If a dealer in intangibles fails to make and furnish to	72504
the tax commissioner the report required by section 5725.14 of the	72505
Revised Code, within the time fixed by that section, a penalty	72506
shall be imposed equal to the greater of fifty dollars per month	72507
or fraction of a month, not to exceed five hundred dollars, or	72508
five per cent per month or fraction of a month, not to exceed	72509
fifty per cent, of the tax required to be shown on the report, for	72510
each month or fraction of a month elapsing between the due date,	72511
including extensions of the due date, and the date on which the	72512
report is filed.	72513

(2) If a dealer in intangibles fails to pay any amounts of	72514
the tax levied by division (D) of section 5707.03 of the Revised	72515
Code by the dates prescribed for payment, a penalty shall be	72516
imposed equal to the greater of the penalty due under division	72517
~~(C)~~(F) of section 5725.22 of the Revised Code, for which this	72518
penalty shall be a substitute, or two times the interest charged	72519
under section 5725.221 of the Revised Code for the delinquent	72520
payment.	72521

(3) If a dealer in intangibles submits a report required by	72522
section 5725.14 of the Revised Code that is marked, defaced, or	72523
otherwise designed by the dealer to be a frivolous protest or an	72524
attempt to delay or impede the administration of the tax levied by	72525
division (D) of section 5707.03 of the Revised Code, a penalty	72526
shall be imposed equal to the greater of one hundred dollars or	72527
twenty-five per cent of the tax required to be shown on the	72528
report.	72529

(4) If a dealer in intangibles makes a fraudulent attempt to	72530
evade the reporting or payment of the tax levied by division (D)	72531
of section 5707.03 of the Revised Code, a penalty shall be imposed	72532
equal to the greater of one thousand dollars or one hundred per	72533
cent of the tax required to be shown on the report required by	72534
section 5725.14 of the Revised Code.	72535

(5) If any person makes a false or fraudulent claim for	72536
abatement or refund of the tax levied by division (D) of section	72537
5707.03 of the Revised Code, a penalty shall be imposed equal to	72538
the greater of one thousand dollars or one hundred per cent of the	72539
claim. The penalty imposed by this division, any abatement or	72540
refund on the claim, and interest on any refund from the date of	72541
the refund, may be assessed under section 5725.15 of the Revised	72542
Code or added by the ~~treasurer of state~~tax commissioner as tax,	72543
penalty, and interest due from the tax levied by division (D) of	72544
section 5707.03 of the Revised Code, without regard to whether the	72545
person making the claim is otherwise subject to the tax, and	72546
without regard to any time limitation for assessment.	72547

(B) Each penalty imposed under division (A) of this section	72548
shall be in addition to any other penalty imposed under that	72549
division. All or part of any penalty imposed under division (A) of	72550
this section may be abated by the commissioner ~~or the treasurer of~~	72551
~~state, as appropriate~~.	72552

Sec. 5725.22. (A) The treasurer of state shall maintain an	72553
intangible property tax list of taxes levied by section 5707.03 of	72554
the Revised Code and certified by the tax commissioner pursuant to	72555
sections 5711.13, 5725.08, 5725.16, and 5727.15 of the Revised	72556
Code, and a separate list of taxes levied by section 5725.18 of	72557
the Revised Code and certified by the superintendent of insurance	72558
pursuant to section 5725.20 of the Revised Code. ~~Upon receipt of~~	72559
~~any assessment certified to him~~	72560

(B)(1) With respect to taxes levied under section 5725.18 of	72561
the Revised Code, the treasurer of state, upon receipt of an	72562
assessment, shall compute the taxes at the rates prescribed by law	72563
and enter the taxes on the proper tax list. HeThe treasurer shall	72564
collect, and the taxpayer shall pay, all such taxes and any	72565
interest applicable thereto. Payments may be made by mail, in	72566
person, or by any other means authorized by the treasurer of	72567
~~state~~. The treasurer ~~of state~~ shall render a daily itemized	72568
statement to the ~~tax commissioner~~superintendent of insurance of	72569
the amount of taxes collected and the name of the domestic	72570
insurance company ~~or assessment certificate number of the person~~	72571
from whom collected. The treasurer of state may adopt rules	72572
concerning the methods and timeliness of ~~payment~~payments under	72573
this division.	72574

(2) With respect to taxes levied under section 5707.03 of the	72575
Revised Code, any assessment certified to the treasurer of state	72576
shall reflect the taxes computed at the rates prescribed by law.	72577
Upon receipt of such an assessment, the treasurer shall enter the	72578
taxes on the proper tax list. The tax commissioner shall collect,	72579
and the taxpayer shall pay, all such taxes and any interest	72580
applicable thereto. Payments may be made by mail, in person, or by	72581
any other means authorized by the commissioner. The commissioner	72582
shall immediately forward to the treasurer any payments received	72583
under this division, together with any information necessary for	72584
the treasurer to properly credit such payments. The commissioner	72585
may adopt rules concerning the method and timeliness of payments	72586
under this division.	72587

(C) Each tax bill issued pursuant to this section shall	72588
separately reflect the taxes due, interest, if any, due date, and	72589
any other information considered necessary. The last day on which	72590
payment may be made without penalty shall be at least twenty but	72591
not more than thirty days from the date of mailing the tax bill.	72592
The treasurer of state or tax commissioner, as appropriate, shall	72593
mail the tax bill, and the mailing thereof shall be prima-facie	72594
evidence of receipt thereof by the taxpayer.	72595

The treasurer ~~of state~~or commissioner, as appropriate, shall	72596
refund taxes as provided in this section, but no refund shall be	72597
made to a taxpayer having a delinquent claim certified pursuant to	72598
this section that remains unpaid. The treasurer ~~of state~~or	72599
commissioner may consult the attorney general regarding such	72600
claims. Refunds shall be paid from the tax refund fund created by	72601
section 5703.052 of the Revised Code.	72602

~~(A)~~(D)(1) Within twenty days after receipt of any preliminary	72603
assessment ~~certified to him~~of taxes levied under section 5725.18	72604
of the Revised Code, the treasurer of state shall issue a tax	72605
bill, but if such preliminary assessment reflects a late filed tax	72606
return, the treasurer of state shall add interest as provided in	72607
division (A) of section 5725.221 of the Revised Code and issue a	72608
tax bill.	72609

~~(B)~~(2) Within twenty days after receipt of any amended or	72610
final assessment ~~certified to him~~of taxes levied under section	72611
5725.18 of the Revised Code, the treasurer of state shall	72612
ascertain the difference between the total taxes computed on such	72613
assessment and the total taxes computed on the most recent	72614
assessment certified for the same tax year. If the difference is a	72615
deficiency, the treasurer of state shall add interest as provided	72616
in division (B)(1) of section 5725.221 of the Revised Code and	72617
issue a tax bill. If the difference is an excess, the treasurer of	72618
state shall add interest as provided in division (B)(2) of section	72619
5725.221 of the Revised Code and certify the name of the taxpayer	72620
and the amount to be refunded to the director of budget and	72621
management for payment to the taxpayer. If the taxpayer has a	72622
deficiency for one tax year and an excess for another tax year, or	72623
any combination thereof for more than two tax years, the treasurer	72624
of state may determine the net result after adding interest, if	72625
applicable, and, depending on such result, proceed to mail a tax	72626
bill or certify a refund.	72627

~~(C)~~(E)(1) Except as provided in division (E)(2) of this	72628
section, within twenty days after certifying to the treasurer of	72629
state an amended or final assessment, or a preliminary assessment	72630
of a dealer in intangibles that has failed to file a report or	72631
disclose taxable property, the tax commissioner shall ascertain	72632
the difference between the total taxes computed on such assessment	72633
and the total taxes computed on the most recent assessment	72634
certified for the same tax year, if any. If the difference is a	72635
deficiency, the commissioner shall add interest as provided in	72636
division (B)(1) of section 5725.221 of the Revised Code and issue	72637
a tax bill. If the difference is an excess, the commissioner shall	72638
add interest as provided in division (B)(2) of section 5725.221 of	72639
the Revised Code and certify the name of the taxpayer and the	72640
amount to be refunded to the director of budget and management for	72641
payment to the taxpayer. If the taxpayer has a deficiency for one	72642
tax year and excess for another tax year, or any combination	72643
thereof for more than two tax years, the commissioner may	72644
determine the net result after adding interest, if applicable,	72645
and, depending on such result, proceed to mail a tax bill or	72646
certify a refund.	72647

(2) The tax commissioner may issue a tax bill for any	72648
deficiency resulting from an assessment at the time the	72649
commissioner issues the assessment.	72650

(F) If a taxpayer fails to pay all taxes and interest, if	72651
any, on or before the due date shown on the tax bill but makes	72652
payment within ten calendar days of such date, the treasurer of	72653
state or tax commissioner, as appropriate, shall add a penalty	72654
equal to five per cent of the taxes due. If payment is not made	72655
within ten days of such date, the treasurer ~~of state~~or	72656
commissioner shall add a penalty equal to ten per cent of the	72657
taxes due. The treasurer ~~of state~~or commissioner shall prepare a	72658
delinquent claim for each tax bill on which penalties were added	72659
and certify such claims to the attorney general for collection.	72660
The attorney general shall transmit a copy of each claim certified	72661
by the treasurer to the ~~tax commissioner or the~~ superintendent of	72662
insurance ~~and~~. For each claim certified by the treasurer or	72663
commissioner, the attorney general shall proceed to collect the	72664
delinquent taxes, penalties, and interest thereon in the manner	72665
prescribed by law.	72666

Sec. 5725.221. For the purposes of this section, interest	72667
shall be computed at a rate per calendar month, rounded to the	72668
nearest one-hundredth of one per cent, equal to one-twelfth of the	72669
rate per annum prescribed by section 5703.47 of the Revised Code	72670
for the calendar year that includes the month for which the	72671
interest accrues.	72672

(A) When taxes levied by section 3737.71, 5707.03, or 5725.18	72673
of the Revised Code are assessed as the result of a tax return	72674
being filed late, the treasurer of state or tax commissioner, as	72675
appropriate, shall add interest to the taxes due. The interest	72676
shall accrue from the first day of the month following the last	72677
day on which such taxes were required to be paid, had the	72678
assessment been certified by the date prescribed, to the last day	72679
of the month preceding the date on which the assessment was	72680
certified, and shall be computed on the taxes due.	72681

(B) If an assessment has been certified pursuant to section	72682
5711.13, 5725.08, 5725.16, 5725.20, or 5725.222 of the Revised	72683
Code and an amended or final assessment is certified for the same	72684
taxpayer and the same tax year, the treasurer of state or tax	72685
commissioner, as appropriate, shall add interest to the deficiency	72686
or excess. The interest shall be computed on the excess or	72687
deficiency, and shall be accrued in the following manner:	72688

(1) On a deficiency, interest shall accrue from the first day	72689
of the month following the last day on which the previous	72690
assessment was required to be paid, to the last day of the month	72691
preceding the date on which the amended or final assessment is	72692
certified;	72693

(2) On an excess, interest shall be allowed from the first	72694
day of the month following the date of payment of the previous	72695
assessment, to the last day of the month preceding the date on	72696
which the amended or final assessment is certified.	72697

Sec. 5731.39. (A) No corporation organized or existing under	72698
the laws of this state shall transfer on its books or issue a new	72699
certificate for any share of its capital stock registered in the	72700
name of a decedent, or in trust for a decedent, or in the name of	72701
a decedent and another person or persons, without the written	72702
consent of the tax commissioner.	72703

(B) No safe deposit company, trust company, financial	72704
institution as defined in division (A) of section 5725.01 of the	72705
Revised Code or other corporation or person, having in possession,	72706
control, or custody a deposit standing in the name of a decedent,	72707
or in trust for a decedent, or in the name of a decedent and	72708
another person or persons, shall deliver or transfer an amount in	72709
excess of three-fourths of the total value of such deposit,	72710
including accrued interest and dividends, as of the date of	72711
decedent's death, without the written consent of the tax	72712
commissioner. The written consent of the tax commissioner need not	72713
be obtained prior to the delivery or transfer of amounts having a	72714
value of three-fourths or less of said total value.	72715

(C) No life insurance company shall pay the proceeds of an	72716
annuity or matured endowment contract, or of a life insurance	72717
contract payable to the estate of a decedent, or of any other	72718
insurance contract taxable under Chapter 5731. of the Revised	72719
Code, without the written consent of the tax commissioner. Any	72720
life insurance company may pay the proceeds of any insurance	72721
contract not specified in this division (C) without the written	72722
consent of the tax commissioner.	72723

(D) No trust company or other corporation or person shall pay	72724
the proceeds of any death benefit, retirement, pension or profit	72725
sharing plan in excess of two thousand dollars, without the	72726
written consent of the tax commissioner. Such trust company or	72727
other corporation or person, however, may pay the proceeds of any	72728
death benefit, retirement, pension, or profit-sharing plan which	72729
consists of insurance on the life of the decedent payable to a	72730
beneficiary other than the estate of the insured without the	72731
written consent of the tax commissioner.	72732

(E) No safe deposit company, trust company, financial	72733
institution as defined in division (A) of section 5725.01 of the	72734
Revised Code, or other corporation or person, having in	72735
possession, control, or custody securities, assets, or other	72736
property (including the shares of the capital stock of, or other	72737
interest in, such safe deposit company, trust company, financial	72738
institution as defined in division (A) of section 5725.01 of the	72739
Revised Code, or other corporation), standing in the name of a	72740
decedent, or in trust for a decedent, or in the name of a decedent	72741
and another person or persons, and the transfer of which is	72742
taxable under Chapter 5731. of the Revised Code, shall deliver or	72743
transfer any such securities, assets, or other property which have	72744
a value as of the date of decedent's death in excess of	72745
three-fourths of the total value thereof, without the written	72746
consent of the tax commissioner. The written consent of the tax	72747
commissioner need not be obtained prior to the delivery or	72748
transfer of any such securities, assets, or other property having	72749
a value of three-fourths or less of said total value.	72750

(F) No safe deposit company, financial institution as defined	72751
in division (A) of section 5725.01 of the Revised Code, or other	72752
corporation or person having possession or control of a safe	72753
deposit box or similar receptacle standing in the name of a	72754
decedent or in the name of the decedent and another person or	72755
persons, or to which the decedent had a right of access, except	72756
when such safe deposit box or other receptacle stands in the name	72757
of a corporation or partnership, or in the name of the decedent as	72758
guardian or executor, shall deliver any of the contents thereof	72759
unless the safe deposit box or similar receptacle has been opened	72760
and inventoried in the presence of the tax commissioner or the	72761
commissioner's agent, and a written consent to transfer issued;	72762
provided, however, that a safe deposit company, financial	72763
institution, or other corporation or person having possession or	72764
control of a safe deposit box may deliver wills, deeds to burial	72765
lots, and insurance policies to a representative of the decedent,	72766
but that a representative of the safe deposit company, financial	72767
institution, or other corporation or person must supervise the	72768
opening of the box and make a written record of the wills, deeds,	72769
and policies removed. Such written record shall be included in the	72770
tax commissioner's inventory records.	72771

(G) Notwithstanding any provision of this section:

72772

(1) The tax commissioner may authorize any delivery or	72773
transfer or waive any of the foregoing requirements under such	72774
terms and conditions as the commissioner may prescribe;	72775

(2) ~~An adult care facility, as defined in section 5119.70 of~~	72776
~~the Revised Code, or a~~A home, as defined in section 3721.10 of	72777
the Revised Code, or a residential facility licensed under section	72778
5119.22 of the Revised Code that provides accommodations,	72779
supervision, and personal care services for three to sixteen	72780
unrelated adults, may transfer or use the money in a personal	72781
needs allowance account in accordance with section 5111.113 of the	72782
Revised Code without the written consent of the tax commissioner,	72783
and without the account having been opened and inventoried in the	72784
presence of the commissioner or the commissioner's agent.	72785

Failure to comply with this section shall render such safe	72786
deposit company, trust company, life insurance company, financial	72787
institution as defined in division (A) of section 5725.01 of the	72788
Revised Code, or other corporation or person liable for the amount	72789
of the taxes and interest due under the provisions of Chapter	72790
5731. of the Revised Code on the transfer of such stock, deposit,	72791
proceeds of an annuity or matured endowment contract or of a life	72792
insurance contract payable to the estate of a decedent, or other	72793
insurance contract taxable under Chapter 5731. of the Revised	72794
Code, proceeds of any death benefit, retirement, pension, or	72795
profit sharing plan in excess of two thousand dollars, or	72796
securities, assets, or other property of any resident decedent,	72797
and in addition thereto, to a penalty of not less than five	72798
hundred or more than five thousand dollars.	72799

Sec. 5733.064. There is hereby allowed a credit against the	72800
tax imposed under sections 5733.06, 5733.065, and 5733.066 of the	72801
Revised Code. The credit shall equal the lesser of fifty per cent	72802
of any cash donations made during the taxable year by the taxpayer	72803
to an Ohio corporation organized prior to January 1, 1987, whose	72804
sole purpose is to promote and encourage recycling and that has	72805
been determined by the internal revenue service to be a nonprofit	72806
corporation regardless of whether the nonprofit corporation	72807
received a grant under section ~~1502.05~~3736.05 of the Revised	72808
Code, or to municipal corporations, counties, townships, park	72809
districts, and boards of education that received grants pursuant	72810
to that section, or one-half of the amount of the taxpayer's	72811
additional tax liability for the tax year resulting from the	72812
additional rates imposed by sections 5733.065 and 5733.066 of the	72813
Revised Code to provide funding for ~~the division of~~ recycling and	72814
litter prevention under Chapter ~~1502.~~3736. of the Revised Code.	72815
The taxpayer shall claim the nonrefundable credit in the order	72816
required under section 5733.98 of the Revised Code.	72817

The tax commissioner may require the taxpayer to furnish such	72818
information as is necessary to support a claim for a credit under	72819
this section, and no credit shall be allowed unless the	72820
information is provided.	72821

Sec. 5739.01. As used in this chapter:

72822

(A) "Person" includes individuals, receivers, assignees,	72823
trustees in bankruptcy, estates, firms, partnerships,	72824
associations, joint-stock companies, joint ventures, clubs,	72825
societies, corporations, the state and its political subdivisions,	72826
and combinations of individuals of any form.	72827

(B) "Sale" and "selling" include all of the following	72828
transactions for a consideration in any manner, whether absolutely	72829
or conditionally, whether for a price or rental, in money or by	72830
exchange, and by any means whatsoever:	72831

(1) All transactions by which title or possession, or both,	72832
of tangible personal property, is or is to be transferred, or a	72833
license to use or consume tangible personal property is or is to	72834
be granted;	72835

(2) All transactions by which lodging by a hotel is or is to	72836
be furnished to transient guests;	72837

(3) All transactions by which:

72838

(a) An item of tangible personal property is or is to be	72839
repaired, except property, the purchase of which would not be	72840
subject to the tax imposed by section 5739.02 of the Revised Code;	72841

(b) An item of tangible personal property is or is to be	72842
installed, except property, the purchase of which would not be	72843
subject to the tax imposed by section 5739.02 of the Revised Code	72844
or property that is or is to be incorporated into and will become	72845
a part of a production, transmission, transportation, or	72846
distribution system for the delivery of a public utility service;	72847

(c) The service of washing, cleaning, waxing, polishing, or	72848
painting a motor vehicle is or is to be furnished;	72849

(d) Until August 1, 2003, industrial laundry cleaning	72850
services are or are to be provided and, on and after August 1,	72851
2003, laundry and dry cleaning services are or are to be provided;	72852

(e) Automatic data processing, computer services, or	72853
electronic information services are or are to be provided for use	72854
in business when the true object of the transaction is the receipt	72855
by the consumer of automatic data processing, computer services,	72856
or electronic information services rather than the receipt of	72857
personal or professional services to which automatic data	72858
processing, computer services, or electronic information services	72859
are incidental or supplemental. Notwithstanding any other	72860
provision of this chapter, such transactions that occur between	72861
members of an affiliated group are not sales. An "affiliated	72862
group" means two or more persons related in such a way that one	72863
person owns or controls the business operation of another member	72864
of the group. In the case of corporations with stock, one	72865
corporation owns or controls another if it owns more than fifty	72866
per cent of the other corporation's common stock with voting	72867
rights.	72868

(f) Telecommunications service, including prepaid calling	72869
service, prepaid wireless calling service, or ancillary service,	72870
is or is to be provided, but not including coin-operated telephone	72871
service;	72872

(g) Landscaping and lawn care service is or is to be	72873
provided;	72874

(h) Private investigation and security service is or is to be	72875
provided;	72876

(i) Information services or tangible personal property is	72877
provided or ordered by means of a nine hundred telephone call;	72878

(j) Building maintenance and janitorial service is or is to	72879
be provided;	72880

(k) Employment service is or is to be provided;

72881

(l) Employment placement service is or is to be provided;

72882

(m) Exterminating service is or is to be provided;

72883

(n) Physical fitness facility service is or is to be	72884
provided;	72885

(o) Recreation and sports club service is or is to be	72886
provided;	72887

(p) On and after August 1, 2003, satellite broadcasting	72888
service is or is to be provided;	72889

(q) On and after August 1, 2003, personal care service is or	72890
is to be provided to an individual. As used in this division,	72891
"personal care service" includes skin care, the application of	72892
cosmetics, manicuring, pedicuring, hair removal, tattooing, body	72893
piercing, tanning, massage, and other similar services. "Personal	72894
care service" does not include a service provided by or on the	72895
order of a licensed physician or licensed chiropractor, or the	72896
cutting, coloring, or styling of an individual's hair.	72897

(r) On and after August 1, 2003, the transportation of	72898
persons by motor vehicle or aircraft is or is to be provided, when	72899
the transportation is entirely within this state, except for	72900
transportation provided by an ambulance service, by a transit bus,	72901
as defined in section 5735.01 of the Revised Code, and	72902
transportation provided by a citizen of the United States holding	72903
a certificate of public convenience and necessity issued under 49	72904
U.S.C. 41102;	72905

(s) On and after August 1, 2003, motor vehicle towing service	72906
is or is to be provided. As used in this division, "motor vehicle	72907
towing service" means the towing or conveyance of a wrecked,	72908
disabled, or illegally parked motor vehicle.	72909

(t) On and after August 1, 2003, snow removal service is or	72910
is to be provided. As used in this division, "snow removal	72911
service" means the removal of snow by any mechanized means, but	72912
does not include the providing of such service by a person that	72913
has less than five thousand dollars in sales of such service	72914
during the calendar year.	72915

(u) Electronic publishing service is or is to be provided to	72916
a consumer for use in business, except that such transactions	72917
occurring between members of an affiliated group, as defined in	72918
division (B)(3)(e) of this section, are not sales.	72919

(4) All transactions by which printed, imprinted,	72920
overprinted, lithographic, multilithic, blueprinted, photostatic,	72921
or other productions or reproductions of written or graphic matter	72922
are or are to be furnished or transferred;	72923

(5) The production or fabrication of tangible personal	72924
property for a consideration for consumers who furnish either	72925
directly or indirectly the materials used in the production of	72926
fabrication work; and include the furnishing, preparing, or	72927
serving for a consideration of any tangible personal property	72928
consumed on the premises of the person furnishing, preparing, or	72929
serving such tangible personal property. Except as provided in	72930
section 5739.03 of the Revised Code, a construction contract	72931
pursuant to which tangible personal property is or is to be	72932
incorporated into a structure or improvement on and becoming a	72933
part of real property is not a sale of such tangible personal	72934
property. The construction contractor is the consumer of such	72935
tangible personal property, provided that the sale and	72936
installation of carpeting, the sale and installation of	72937
agricultural land tile, the sale and erection or installation of	72938
portable grain bins, or the provision of landscaping and lawn care	72939
service and the transfer of property as part of such service is	72940
never a construction contract.	72941

As used in division (B)(5) of this section:

72942

(a) "Agricultural land tile" means fired clay or concrete	72943
tile, or flexible or rigid perforated plastic pipe or tubing,	72944
incorporated or to be incorporated into a subsurface drainage	72945
system appurtenant to land used or to be used primarily in	72946
production by farming, agriculture, horticulture, or floriculture.	72947
The term does not include such materials when they are or are to	72948
be incorporated into a drainage system appurtenant to a building	72949
or structure even if the building or structure is used or to be	72950
used in such production.	72951

(b) "Portable grain bin" means a structure that is used or to	72952
be used by a person engaged in farming or agriculture to shelter	72953
the person's grain and that is designed to be disassembled without	72954
significant damage to its component parts.	72955

(6) All transactions in which all of the shares of stock of a	72956
closely held corporation are transferred, if the corporation is	72957
not engaging in business and its entire assets consist of boats,	72958
planes, motor vehicles, or other tangible personal property	72959
operated primarily for the use and enjoyment of the shareholders;	72960

(7) All transactions in which a warranty, maintenance or	72961
service contract, or similar agreement by which the vendor of the	72962
warranty, contract, or agreement agrees to repair or maintain the	72963
tangible personal property of the consumer is or is to be	72964
provided;	72965

(8) The transfer of copyrighted motion picture films used	72966
solely for advertising purposes, except that the transfer of such	72967
films for exhibition purposes is not a sale;	72968

(9) On and after August 1, 2003, all transactions by which	72969
tangible personal property is or is to be stored, except such	72970
property that the consumer of the storage holds for sale in the	72971
regular course of business;	72972

(10) All transactions in which "guaranteed auto protection"	72973
is provided whereby a person promises to pay to the consumer the	72974
difference between the amount the consumer receives from motor	72975
vehicle insurance and the amount the consumer owes to a person	72976
holding title to or a lien on the consumer's motor vehicle in the	72977
event the consumer's motor vehicle suffers a total loss under the	72978
terms of the motor vehicle insurance policy or is stolen and not	72979
recovered, if the protection and its price are included in the	72980
purchase or lease agreement;	72981

(11)(a) Except as provided in division (B)(11)(b) of this	72982
section, on and after October 1, 2009, all transactions by which	72983
health care services are paid for, reimbursed, provided,	72984
delivered, arranged for, or otherwise made available by a medicaid	72985
health insuring corporation pursuant to the corporation's contract	72986
with the state.	72987

(b) If the centers for medicare and medicaid services of the	72988
United States department of health and human services determines	72989
that the taxation of transactions described in division (B)(11)(a)	72990
of this section constitutes an impermissible health care-related	72991
tax under section 1903(w) of the "Social Security Act," 49 Stat.	72992
620 (1935), 42 U.S.C. 1396b(w), as amended, and regulations	72993
adopted thereunder, the director of job and family services shall	72994
notify the tax commissioner of that determination. Beginning with	72995
the first day of the month following that notification, the	72996
transactions described in division (B)(11)(a) of this section are	72997
not sales for the purposes of this chapter or Chapter 5741. of the	72998
Revised Code. The tax commissioner shall order that the collection	72999
of taxes under sections 5739.02, 5739.021, 5739.023, 5739.026,	73000
5741.02, 5741.021, 5741.022, and 5741.023 of the Revised Code	73001
shall cease for transactions occurring on or after that date.	73002

Except as provided in this section, "sale" and "selling" do	73003
not include transfers of interest in leased property where the	73004
original lessee and the terms of the original lease agreement	73005
remain unchanged, or professional, insurance, or personal service	73006
transactions that involve the transfer of tangible personal	73007
property as an inconsequential element, for which no separate	73008
charges are made.	73009

(C) "Vendor" means the person providing the service or by	73010
whom the transfer effected or license given by a sale is or is to	73011
be made or given and, for sales described in division (B)(3)(i) of	73012
this section, the telecommunications service vendor that provides	73013
the nine hundred telephone service; if two or more persons are	73014
engaged in business at the same place of business under a single	73015
trade name in which all collections on account of sales by each	73016
are made, such persons shall constitute a single vendor.	73017

Physicians, dentists, hospitals, and veterinarians who are	73018
engaged in selling tangible personal property as received from	73019
others, such as eyeglasses, mouthwashes, dentifrices, or similar	73020
articles, are vendors. Veterinarians who are engaged in	73021
transferring to others for a consideration drugs, the dispensing	73022
of which does not require an order of a licensed veterinarian or	73023
physician under federal law, are vendors.	73024

(D)(1) "Consumer" means the person for whom the service is	73025
provided, to whom the transfer effected or license given by a sale	73026
is or is to be made or given, to whom the service described in	73027
division (B)(3)(f) or (i) of this section is charged, or to whom	73028
the admission is granted.	73029

(2) Physicians, dentists, hospitals, and blood banks operated	73030
by nonprofit institutions and persons licensed to practice	73031
veterinary medicine, surgery, and dentistry are consumers of all	73032
tangible personal property and services purchased by them in	73033
connection with the practice of medicine, dentistry, the rendition	73034
of hospital or blood bank service, or the practice of veterinary	73035
medicine, surgery, and dentistry. In addition to being consumers	73036
of drugs administered by them or by their assistants according to	73037
their direction, veterinarians also are consumers of drugs that	73038
under federal law may be dispensed only by or upon the order of a	73039
licensed veterinarian or physician, when transferred by them to	73040
others for a consideration to provide treatment to animals as	73041
directed by the veterinarian.	73042

(3) A person who performs a facility management, or similar	73043
service contract for a contractee is a consumer of all tangible	73044
personal property and services purchased for use in connection	73045
with the performance of such contract, regardless of whether title	73046
to any such property vests in the contractee. The purchase of such	73047
property and services is not subject to the exception for resale	73048
under division (E)(1) of this section.	73049

(4)(a) In the case of a person who purchases printed matter	73050
for the purpose of distributing it or having it distributed to the	73051
public or to a designated segment of the public, free of charge,	73052
that person is the consumer of that printed matter, and the	73053
purchase of that printed matter for that purpose is a sale.	73054

(b) In the case of a person who produces, rather than	73055
purchases, printed matter for the purpose of distributing it or	73056
having it distributed to the public or to a designated segment of	73057
the public, free of charge, that person is the consumer of all	73058
tangible personal property and services purchased for use or	73059
consumption in the production of that printed matter. That person	73060
is not entitled to claim exemption under division (B)(42)(f) of	73061
section 5739.02 of the Revised Code for any material incorporated	73062
into the printed matter or any equipment, supplies, or services	73063
primarily used to produce the printed matter.	73064

(c) The distribution of printed matter to the public or to a	73065
designated segment of the public, free of charge, is not a sale to	73066
the members of the public to whom the printed matter is	73067
distributed or to any persons who purchase space in the printed	73068
matter for advertising or other purposes.	73069

(5) A person who makes sales of any of the services listed in	73070
division (B)(3) of this section is the consumer of any tangible	73071
personal property used in performing the service. The purchase of	73072
that property is not subject to the resale exception under	73073
division (E)(1) of this section.	73074

(6) A person who engages in highway transportation for hire	73075
is the consumer of all packaging materials purchased by that	73076
person and used in performing the service, except for packaging	73077
materials sold by such person in a transaction separate from the	73078
service.	73079

(7) In the case of a transaction for health care services	73080
under division (B)(11) of this section, a medicaid health insuring	73081
corporation is the consumer of such services. The purchase of such	73082
services by a medicaid health insuring corporation is not subject	73083
to the exception for resale under division (E)(1) of this section	73084
or to the exemptions provided under divisions (B)(12), (18), (19),	73085
and (22) of section 5739.02 of the Revised Code.	73086

(E) "Retail sale" and "sales at retail" include all sales,	73087
except those in which the purpose of the consumer is to resell the	73088
thing transferred or benefit of the service provided, by a person	73089
engaging in business, in the form in which the same is, or is to	73090
be, received by the person.	73091

(F) "Business" includes any activity engaged in by any person	73092
with the object of gain, benefit, or advantage, either direct or	73093
indirect. "Business" does not include the activity of a person in	73094
managing and investing the person's own funds.	73095

(G) "Engaging in business" means commencing, conducting, or	73096
continuing in business, and liquidating a business when the	73097
liquidator thereof holds itself out to the public as conducting	73098
such business. Making a casual sale is not engaging in business.	73099

(H)(1)(a) "Price," except as provided in divisions (H)(2),	73100
(3), and (4) of this section, means the total amount of	73101
consideration, including cash, credit, property, and services, for	73102
which tangible personal property or services are sold, leased, or	73103
rented, valued in money, whether received in money or otherwise,	73104
without any deduction for any of the following:	73105

(i) The vendor's cost of the property sold;

73106

(ii) The cost of materials used, labor or service costs,	73107
interest, losses, all costs of transportation to the vendor, all	73108
taxes imposed on the vendor, including the tax imposed under	73109
Chapter 5751. of the Revised Code, and any other expense of the	73110
vendor;	73111

(iii) Charges by the vendor for any services necessary to	73112
complete the sale;	73113

(iv) On and after August 1, 2003, delivery charges. As used	73114
in this division, "delivery charges" means charges by the vendor	73115
for preparation and delivery to a location designated by the	73116
consumer of tangible personal property or a service, including	73117
transportation, shipping, postage, handling, crating, and packing.	73118

(v) Installation charges;

73119

(vi) Credit for any trade-in.

73120

(b) "Price" includes consideration received by the vendor	73121
from a third party, if the vendor actually receives the	73122
consideration from a party other than the consumer, and the	73123
consideration is directly related to a price reduction or discount	73124
on the sale; the vendor has an obligation to pass the price	73125
reduction or discount through to the consumer; the amount of the	73126
consideration attributable to the sale is fixed and determinable	73127
by the vendor at the time of the sale of the item to the consumer;	73128
and one of the following criteria is met:	73129

(i) The consumer presents a coupon, certificate, or other	73130
document to the vendor to claim a price reduction or discount	73131
where the coupon, certificate, or document is authorized,	73132
distributed, or granted by a third party with the understanding	73133
that the third party will reimburse any vendor to whom the coupon,	73134
certificate, or document is presented;	73135

(ii) The consumer identifies the consumer's self to the	73136
seller as a member of a group or organization entitled to a price	73137
reduction or discount. A preferred customer card that is available	73138
to any patron does not constitute membership in such a group or	73139
organization.	73140

(iii) The price reduction or discount is identified as a	73141
third party price reduction or discount on the invoice received by	73142
the consumer, or on a coupon, certificate, or other document	73143
presented by the consumer.	73144

73145

(i) Discounts, including cash, term, or coupons that are not	73146
reimbursed by a third party that are allowed by a vendor and taken	73147
by a consumer on a sale;	73148

(ii) Interest, financing, and carrying charges from credit	73149
extended on the sale of tangible personal property or services, if	73150
the amount is separately stated on the invoice, bill of sale, or	73151
similar document given to the purchaser;	73152

(iii) Any taxes legally imposed directly on the consumer that	73153
are separately stated on the invoice, bill of sale, or similar	73154
document given to the consumer. For the purpose of this division,	73155
the tax imposed under Chapter 5751. of the Revised Code is not a	73156
tax directly on the consumer, even if the tax or a portion thereof	73157
is separately stated.	73158

(iv) Notwithstanding divisions (H)(1)(b)(i) to (iii) of this	73159
section, any discount allowed by an automobile manufacturer to its	73160
employee, or to the employee of a supplier, on the purchase of a	73161
new motor vehicle from a new motor vehicle dealer in this state.	73162

(v) The dollar value of a gift card that is not sold by a	73163
vendor or purchased by a consumer and that is redeemed by the	73164
consumer in purchasing tangible personal property or services if	73165
the vendor is not reimbursed and does not receive compensation	73166
from a third party to cover all or part of the gift card value.	73167
For the purposes of this division, a gift card is not sold by a	73168
vendor or purchased by a consumer if it is distributed pursuant to	73169
an awards, loyalty, or promotional program. Past and present	73170
purchases of tangible personal property or services by the	73171
consumer shall not be treated as consideration exchanged for a	73172
gift card.	73173

(2) In the case of a sale of any new motor vehicle by a new	73174
motor vehicle dealer, as defined in section 4517.01 of the Revised	73175
Code, in which another motor vehicle is accepted by the dealer as	73176
part of the consideration received, "price" has the same meaning	73177
as in division (H)(1) of this section, reduced by the credit	73178
afforded the consumer by the dealer for the motor vehicle received	73179
in trade.	73180

(3) In the case of a sale of any watercraft or outboard motor	73181
by a watercraft dealer licensed in accordance with section	73182
1547.543 of the Revised Code, in which another watercraft,	73183
watercraft and trailer, or outboard motor is accepted by the	73184
dealer as part of the consideration received, "price" has the same	73185
meaning as in division (H)(1) of this section, reduced by the	73186
credit afforded the consumer by the dealer for the watercraft,	73187
watercraft and trailer, or outboard motor received in trade. As	73188
used in this division, "watercraft" includes an outdrive unit	73189
attached to the watercraft.	73190

(4) In the case of transactions for health care services	73191
under division (B)(11) of this section, "price" means the amount	73192
of managed care premiums received each month by a medicaid health	73193
insuring corporation.	73194

(I) "Receipts" means the total amount of the prices of the	73195
sales of vendors, provided that the dollar value of gift cards	73196
distributed pursuant to an awards, loyalty, or promotional	73197
program, and cash discounts allowed and taken on sales at the time	73198
they are consummated are not included, minus any amount deducted	73199
as a bad debt pursuant to section 5739.121 of the Revised Code.	73200
"Receipts" does not include the sale price of property returned or	73201
services rejected by consumers when the full sale price and tax	73202
are refunded either in cash or by credit.	73203

(J) "Place of business" means any location at which a person	73204
engages in business.	73205

(K) "Premises" includes any real property or portion thereof	73206
upon which any person engages in selling tangible personal	73207
property at retail or making retail sales and also includes any	73208
real property or portion thereof designated for, or devoted to,	73209
use in conjunction with the business engaged in by such person.	73210

(L) "Casual sale" means a sale of an item of tangible	73211
personal property that was obtained by the person making the sale,	73212
through purchase or otherwise, for the person's own use and was	73213
previously subject to any state's taxing jurisdiction on its sale	73214
or use, and includes such items acquired for the seller's use that	73215
are sold by an auctioneer employed directly by the person for such	73216
purpose, provided the location of such sales is not the	73217
auctioneer's permanent place of business. As used in this	73218
division, "permanent place of business" includes any location	73219
where such auctioneer has conducted more than two auctions during	73220
the year.	73221

(M) "Hotel" means every establishment kept, used, maintained,	73222
advertised, or held out to the public to be a place where sleeping	73223
accommodations are offered to guests, in which five or more rooms	73224
are used for the accommodation of such guests, whether the rooms	73225
are in one or several structures, except as otherwise provided in	73226
division (G) of section 5739.09 of the Revised Code.	73227

(N) "Transient guests" means persons occupying a room or	73228
rooms for sleeping accommodations for less than thirty consecutive	73229
days.	73230

(O) "Making retail sales" means the effecting of transactions	73231
wherein one party is obligated to pay the price and the other	73232
party is obligated to provide a service or to transfer title to or	73233
possession of the item sold. "Making retail sales" does not	73234
include the preliminary acts of promoting or soliciting the retail	73235
sales, other than the distribution of printed matter which	73236
displays or describes and prices the item offered for sale, nor	73237
does it include delivery of a predetermined quantity of tangible	73238
personal property or transportation of property or personnel to or	73239
from a place where a service is performed, regardless of whether	73240
the vendor is a delivery vendor.	73241

(P) "Used directly in the rendition of a public utility	73242
service" means that property that is to be incorporated into and	73243
will become a part of the consumer's production, transmission,	73244
transportation, or distribution system and that retains its	73245
classification as tangible personal property after such	73246
incorporation; fuel or power used in the production, transmission,	73247
transportation, or distribution system; and tangible personal	73248
property used in the repair and maintenance of the production,	73249
transmission, transportation, or distribution system, including	73250
only such motor vehicles as are specially designed and equipped	73251
for such use. Tangible personal property and services used	73252
primarily in providing highway transportation for hire are not	73253
used directly in the rendition of a public utility service. In	73254
this definition, "public utility" includes a citizen of the United	73255
States holding, and required to hold, a certificate of public	73256
convenience and necessity issued under 49 U.S.C. 41102.	73257

(Q) "Refining" means removing or separating a desirable	73258
product from raw or contaminated materials by distillation or	73259
physical, mechanical, or chemical processes.	73260

(R) "Assembly" and "assembling" mean attaching or fitting	73261
together parts to form a product, but do not include packaging a	73262
product.	73263

(S) "Manufacturing operation" means a process in which	73264
materials are changed, converted, or transformed into a different	73265
state or form from which they previously existed and includes	73266
refining materials, assembling parts, and preparing raw materials	73267
and parts by mixing, measuring, blending, or otherwise committing	73268
such materials or parts to the manufacturing process.	73269
"Manufacturing operation" does not include packaging.	73270

(T) "Fiscal officer" means, with respect to a regional	73271
transit authority, the secretary-treasurer thereof, and with	73272
respect to a county that is a transit authority, the fiscal	73273
officer of the county transit board if one is appointed pursuant	73274
to section 306.03 of the Revised Code or the county auditor if the	73275
board of county commissioners operates the county transit system.	73276

(U) "Transit authority" means a regional transit authority	73277
created pursuant to section 306.31 of the Revised Code or a county	73278
in which a county transit system is created pursuant to section	73279
306.01 of the Revised Code. For the purposes of this chapter, a	73280
transit authority must extend to at least the entire area of a	73281
single county. A transit authority that includes territory in more	73282
than one county must include all the area of the most populous	73283
county that is a part of such transit authority. County population	73284
shall be measured by the most recent census taken by the United	73285
States census bureau.	73286

(V) "Legislative authority" means, with respect to a regional	73287
transit authority, the board of trustees thereof, and with respect	73288
to a county that is a transit authority, the board of county	73289
commissioners.	73290

(W) "Territory of the transit authority" means all of the	73291
area included within the territorial boundaries of a transit	73292
authority as they from time to time exist. Such territorial	73293
boundaries must at all times include all the area of a single	73294
county or all the area of the most populous county that is a part	73295
of such transit authority. County population shall be measured by	73296
the most recent census taken by the United States census bureau.	73297

(X) "Providing a service" means providing or furnishing	73298
anything described in division (B)(3) of this section for	73299
consideration.	73300

(Y)(1)(a) "Automatic data processing" means processing of	73301
others' data, including keypunching or similar data entry services	73302
together with verification thereof, or providing access to	73303
computer equipment for the purpose of processing data.	73304

(b) "Computer services" means providing services consisting	73305
of specifying computer hardware configurations and evaluating	73306
technical processing characteristics, computer programming, and	73307
training of computer programmers and operators, provided in	73308
conjunction with and to support the sale, lease, or operation of	73309
taxable computer equipment or systems.	73310

(c) "Electronic information services" means providing access	73311
to computer equipment by means of telecommunications equipment for	73312
the purpose of either of the following:	73313

(i) Examining or acquiring data stored in or accessible to	73314
the computer equipment;	73315

(ii) Placing data into the computer equipment to be retrieved	73316
by designated recipients with access to the computer equipment.	73317

For transactions occurring on or after the effective date of	73318
the amendment of this section by H.B. 157 of the 127th general	73319
assembly, December 21, 2007, "electronic information services"	73320
does not include electronic publishing as defined in division	73321
(LLL) of this section.	73322

(d) "Automatic data processing, computer services, or	73323
electronic information services" shall not include personal or	73324
professional services.	73325

(2) As used in divisions (B)(3)(e) and (Y)(1) of this	73326
section, "personal and professional services" means all services	73327
other than automatic data processing, computer services, or	73328
electronic information services, including but not limited to:	73329

(a) Accounting and legal services such as advice on tax	73330
matters, asset management, budgetary matters, quality control,	73331
information security, and auditing and any other situation where	73332
the service provider receives data or information and studies,	73333
alters, analyzes, interprets, or adjusts such material;	73334

(b) Analyzing business policies and procedures;

73335

73336

(d) Feasibility studies, including economic and technical	73337
analysis of existing or potential computer hardware or software	73338
needs and alternatives;	73339

(e) Designing policies, procedures, and custom software for	73340
collecting business information, and determining how data should	73341
be summarized, sequenced, formatted, processed, controlled, and	73342
reported so that it will be meaningful to management;	73343

(f) Developing policies and procedures that document how	73344
business events and transactions are to be authorized, executed,	73345
and controlled;	73346

(g) Testing of business procedures;

73347

(h) Training personnel in business procedure applications;

73348

(i) Providing credit information to users of such information	73349
by a consumer reporting agency, as defined in the "Fair Credit	73350
Reporting Act," 84 Stat. 1114, 1129 (1970), 15 U.S.C. 1681a(f), or	73351
as hereafter amended, including but not limited to gathering,	73352
organizing, analyzing, recording, and furnishing such information	73353
by any oral, written, graphic, or electronic medium;	73354

(j) Providing debt collection services by any oral, written,	73355
graphic, or electronic means.	73356

The services listed in divisions (Y)(2)(a) to (j) of this	73357
section are not automatic data processing or computer services.	73358

(Z) "Highway transportation for hire" means the	73359
transportation of personal property belonging to others for	73360
consideration by any of the following:	73361

(1) The holder of a permit or certificate issued by this	73362
state or the United States authorizing the holder to engage in	73363
transportation of personal property belonging to others for	73364
consideration over or on highways, roadways, streets, or any	73365
similar public thoroughfare;	73366

(2) A person who engages in the transportation of personal	73367
property belonging to others for consideration over or on	73368
highways, roadways, streets, or any similar public thoroughfare	73369
but who could not have engaged in such transportation on December	73370
11, 1985, unless the person was the holder of a permit or	73371
certificate of the types described in division (Z)(1) of this	73372
section;	73373

(3) A person who leases a motor vehicle to and operates it	73374
for a person described by division (Z)(1) or (2) of this section.	73375

(AA)(1) "Telecommunications service" means the electronic	73376
transmission, conveyance, or routing of voice, data, audio, video,	73377
or any other information or signals to a point, or between or	73378
among points. "Telecommunications service" includes such	73379
transmission, conveyance, or routing in which computer processing	73380
applications are used to act on the form, code, or protocol of the	73381
content for purposes of transmission, conveyance, or routing	73382
without regard to whether the service is referred to as voice-over	73383
internet protocol service or is classified by the federal	73384
communications commission as enhanced or value-added.	73385
"Telecommunications service" does not include any of the	73386
following:	73387

(a) Data processing and information services that allow data	73388
to be generated, acquired, stored, processed, or retrieved and	73389
delivered by an electronic transmission to a consumer where the	73390
consumer's primary purpose for the underlying transaction is the	73391
processed data or information;	73392

(b) Installation or maintenance of wiring or equipment on a	73393
customer's premises;	73394

73395

(d) Advertising, including directory advertising;

73396

(e) Billing and collection services provided to third	73397
parties;	73398

(f) Internet access service;

73399

(g) Radio and television audio and video programming	73400
services, regardless of the medium, including the furnishing of	73401
transmission, conveyance, and routing of such services by the	73402
programming service provider. Radio and television audio and video	73403
programming services include, but are not limited to, cable	73404
service, as defined in 47 U.S.C. 522(6), and audio and video	73405
programming services delivered by commercial mobile radio service	73406
providers, as defined in 47 C.F.R. 20.3;	73407

(h) Ancillary service;

73408

(i) Digital products delivered electronically, including	73409
software, music, video, reading materials, or ring tones.	73410

(2) "Ancillary service" means a service that is associated	73411
with or incidental to the provision of telecommunications service,	73412
including conference bridging service, detailed telecommunications	73413
billing service, directory assistance, vertical service, and voice	73414
mail service. As used in this division:	73415

(a) "Conference bridging service" means an ancillary service	73416
that links two or more participants of an audio or video	73417
conference call, including providing a telephone number.	73418
"Conference bridging service" does not include telecommunications	73419
services used to reach the conference bridge.	73420

(b) "Detailed telecommunications billing service" means an	73421
ancillary service of separately stating information pertaining to	73422
individual calls on a customer's billing statement.	73423

(c) "Directory assistance" means an ancillary service of	73424
providing telephone number or address information.	73425

(d) "Vertical service" means an ancillary service that is	73426
offered in connection with one or more telecommunications	73427
services, which offers advanced calling features that allow	73428
customers to identify callers and manage multiple calls and call	73429
connections, including conference bridging service.	73430

(e) "Voice mail service" means an ancillary service that	73431
enables the customer to store, send, or receive recorded messages.	73432
"Voice mail service" does not include any vertical services that	73433
the customer may be required to have in order to utilize the voice	73434
mail service.	73435

(3) "900 service" means an inbound toll telecommunications	73436
service purchased by a subscriber that allows the subscriber's	73437
customers to call in to the subscriber's prerecorded announcement	73438
or live service, and which is typically marketed under the name	73439
"900" service and any subsequent numbers designated by the federal	73440
communications commission. "900 service" does not include the	73441
charge for collection services provided by the seller of the	73442
telecommunications service to the subscriber, or services or	73443
products sold by the subscriber to the subscriber's customer.	73444

(4) "Prepaid calling service" means the right to access	73445
exclusively telecommunications services, which must be paid for in	73446
advance and which enables the origination of calls using an access	73447
number or authorization code, whether manually or electronically	73448
dialed, and that is sold in predetermined units ofor dollars of	73449
which the number declines with use in a known amount.	73450

(5) "Prepaid wireless calling service" means a	73451
telecommunications service that provides the right to utilize	73452
mobile telecommunications service as well as other	73453
non-telecommunications services, including the download of digital	73454
products delivered electronically, and content and ancillary	73455
services, that must be paid for in advance and that is sold in	73456
predetermined units ofor dollars of which the number declines	73457
with use in a known amount.	73458

(6) "Value-added non-voice data service" means a	73459
telecommunications service in which computer processing	73460
applications are used to act on the form, content, code, or	73461
protocol of the information or data primarily for a purpose other	73462
than transmission, conveyance, or routing.	73463

(7) "Coin-operated telephone service" means a	73464
telecommunications service paid for by inserting money into a	73465
telephone accepting direct deposits of money to operate.	73466

(8) "Customer" has the same meaning as in section 5739.034 of	73467
the Revised Code.	73468

(BB) "Laundry and dry cleaning services" means removing soil	73469
or dirt from towels, linens, articles of clothing, or other fabric	73470
items that belong to others and supplying towels, linens, articles	73471
of clothing, or other fabric items. "Laundry and dry cleaning	73472
services" does not include the provision of self-service	73473
facilities for use by consumers to remove soil or dirt from	73474
towels, linens, articles of clothing, or other fabric items.	73475

(CC) "Magazines distributed as controlled circulation	73476
publications" means magazines containing at least twenty-four	73477
pages, at least twenty-five per cent editorial content, issued at	73478
regular intervals four or more times a year, and circulated	73479
without charge to the recipient, provided that such magazines are	73480
not owned or controlled by individuals or business concerns which	73481
conduct such publications as an auxiliary to, and essentially for	73482
the advancement of the main business or calling of, those who own	73483
or control them.	73484

(DD) "Landscaping and lawn care service" means the services	73485
of planting, seeding, sodding, removing, cutting, trimming,	73486
pruning, mulching, aerating, applying chemicals, watering,	73487
fertilizing, and providing similar services to establish, promote,	73488
or control the growth of trees, shrubs, flowers, grass, ground	73489
cover, and other flora, or otherwise maintaining a lawn or	73490
landscape grown or maintained by the owner for ornamentation or	73491
other nonagricultural purpose. However, "landscaping and lawn care	73492
service" does not include the providing of such services by a	73493
person who has less than five thousand dollars in sales of such	73494
services during the calendar year.	73495

(EE) "Private investigation and security service" means the	73496
performance of any activity for which the provider of such service	73497
is required to be licensed pursuant to Chapter 4749. of the	73498
Revised Code, or would be required to be so licensed in performing	73499
such services in this state, and also includes the services of	73500
conducting polygraph examinations and of monitoring or overseeing	73501
the activities on or in, or the condition of, the consumer's home,	73502
business, or other facility by means of electronic or similar	73503
monitoring devices. "Private investigation and security service"	73504
does not include special duty services provided by off-duty police	73505
officers, deputy sheriffs, and other peace officers regularly	73506
employed by the state or a political subdivision.	73507

(FF) "Information services" means providing conversation,	73508
giving consultation or advice, playing or making a voice or other	73509
recording, making or keeping a record of the number of callers,	73510
and any other service provided to a consumer by means of a nine	73511
hundred telephone call, except when the nine hundred telephone	73512
call is the means by which the consumer makes a contribution to a	73513
recognized charity.	73514

(GG) "Research and development" means designing, creating, or	73515
formulating new or enhanced products, equipment, or manufacturing	73516
processes, and also means conducting scientific or technological	73517
inquiry and experimentation in the physical sciences with the goal	73518
of increasing scientific knowledge which may reveal the bases for	73519
new or enhanced products, equipment, or manufacturing processes.	73520

(HH) "Qualified research and development equipment" means	73521
capitalized tangible personal property, and leased personal	73522
property that would be capitalized if purchased, used by a person	73523
primarily to perform research and development. Tangible personal	73524
property primarily used in testing, as defined in division (A)(4)	73525
of section 5739.011 of the Revised Code, or used for recording or	73526
storing test results, is not qualified research and development	73527
equipment unless such property is primarily used by the consumer	73528
in testing the product, equipment, or manufacturing process being	73529
created, designed, or formulated by the consumer in the research	73530
and development activity or in recording or storing such test	73531
results.	73532

(II) "Building maintenance and janitorial service" means	73533
cleaning the interior or exterior of a building and any tangible	73534
personal property located therein or thereon, including any	73535
services incidental to such cleaning for which no separate charge	73536
is made. However, "building maintenance and janitorial service"	73537
does not include the providing of such service by a person who has	73538
less than five thousand dollars in sales of such service during	73539
the calendar year.	73540

(JJ) "Employment service" means providing or supplying	73541
personnel, on a temporary or long-term basis, to perform work or	73542
labor under the supervision or control of another, when the	73543
personnel so provided or supplied receive their wages, salary, or	73544
other compensation from the provider or supplier of the employment	73545
service or from a third party that provided or supplied the	73546
personnel to the provider or supplier. "Employment service" does	73547
not include:	73548

(1) Acting as a contractor or subcontractor, where the	73549
personnel performing the work are not under the direct control of	73550
the purchaser.	73551

(2) Medical and health care services.

73552

(3) Supplying personnel to a purchaser pursuant to a contract	73553
of at least one year between the service provider and the	73554
purchaser that specifies that each employee covered under the	73555
contract is assigned to the purchaser on a permanent basis.	73556

(4) Transactions between members of an affiliated group, as	73557
defined in division (B)(3)(e) of this section.	73558

(5) Transactions where the personnel so provided or supplied	73559
by a provider or supplier to a purchaser of an employment service	73560
are then provided or supplied by that purchaser to a third party	73561
as an employment service, except "employment service" does include	73562
the transaction between that purchaser and the third party.	73563

(KK) "Employment placement service" means locating or finding	73564
employment for a person or finding or locating an employee to fill	73565
an available position.	73566

(LL) "Exterminating service" means eradicating or attempting	73567
to eradicate vermin infestations from a building or structure, or	73568
the area surrounding a building or structure, and includes	73569
activities to inspect, detect, or prevent vermin infestation of a	73570
building or structure.	73571

(MM) "Physical fitness facility service" means all	73572
transactions by which a membership is granted, maintained, or	73573
renewed, including initiation fees, membership dues, renewal fees,	73574
monthly minimum fees, and other similar fees and dues, by a	73575
physical fitness facility such as an athletic club, health spa, or	73576
gymnasium, which entitles the member to use the facility for	73577
physical exercise.	73578

(NN) "Recreation and sports club service" means all	73579
transactions by which a membership is granted, maintained, or	73580
renewed, including initiation fees, membership dues, renewal fees,	73581
monthly minimum fees, and other similar fees and dues, by a	73582
recreation and sports club, which entitles the member to use the	73583
facilities of the organization. "Recreation and sports club" means	73584
an organization that has ownership of, or controls or leases on a	73585
continuing, long-term basis, the facilities used by its members	73586
and includes an aviation club, gun or shooting club, yacht club,	73587
card club, swimming club, tennis club, golf club, country club,	73588
riding club, amateur sports club, or similar organization.	73589

(OO) "Livestock" means farm animals commonly raised for food,	73590
food production, or other agricultural purposes, including, but	73591
not limited to, cattle, sheep, goats, swine, poultry, and captive	73592
deer. "Livestock" does not include invertebrates, amphibians,	73593
reptiles, domestic pets, animals for use in laboratories or for	73594
exhibition, or other animals not commonly raised for food or food	73595
production.	73596

(PP) "Livestock structure" means a building or structure used	73597
exclusively for the housing, raising, feeding, or sheltering of	73598
livestock, and includes feed storage or handling structures and	73599
structures for livestock waste handling.	73600

(QQ) "Horticulture" means the growing, cultivation, and	73601
production of flowers, fruits, herbs, vegetables, sod, mushrooms,	73602
and nursery stock. As used in this division, "nursery stock" has	73603
the same meaning as in section 927.51 of the Revised Code.	73604

(RR) "Horticulture structure" means a building or structure	73605
used exclusively for the commercial growing, raising, or	73606
overwintering of horticultural products, and includes the area	73607
used for stocking, storing, and packing horticultural products	73608
when done in conjunction with the production of those products.	73609

(SS) "Newspaper" means an unbound publication bearing a title	73610
or name that is regularly published, at least as frequently as	73611
biweekly, and distributed from a fixed place of business to the	73612
public in a specific geographic area, and that contains a	73613
substantial amount of news matter of international, national, or	73614
local events of interest to the general public.	73615

(TT) "Professional racing team" means a person that employs	73616
at least twenty full-time employees for the purpose of conducting	73617
a motor vehicle racing business for profit. The person must	73618
conduct the business with the purpose of racing one or more motor	73619
racing vehicles in at least ten competitive professional racing	73620
events each year that comprise all or part of a motor racing	73621
series sanctioned by one or more motor racing sanctioning	73622
organizations. A "motor racing vehicle" means a vehicle for which	73623
the chassis, engine, and parts are designed exclusively for motor	73624
racing, and does not include a stock or production model vehicle	73625
that may be modified for use in racing. For the purposes of this	73626
division:	73627

(1) A "competitive professional racing event" is a motor	73628
vehicle racing event sanctioned by one or more motor racing	73629
sanctioning organizations, at which aggregate cash prizes in	73630
excess of eight hundred thousand dollars are awarded to the	73631
competitors.	73632

(2) "Full-time employee" means an individual who is employed	73633
for consideration for thirty-five or more hours a week, or who	73634
renders any other standard of service generally accepted by custom	73635
or specified by contract as full-time employment.	73636

(UU)(1) "Lease" or "rental" means any transfer of the	73637
possession or control of tangible personal property for a fixed or	73638
indefinite term, for consideration. "Lease" or "rental" includes	73639
future options to purchase or extend, and agreements described in	73640
26 U.S.C. 7701(h)(1) covering motor vehicles and trailers where	73641
the amount of consideration may be increased or decreased by	73642
reference to the amount realized upon the sale or disposition of	73643
the property. "Lease" or "rental" does not include:	73644

(a) A transfer of possession or control of tangible personal	73645
property under a security agreement or a deferred payment plan	73646
that requires the transfer of title upon completion of the	73647
required payments;	73648

(b) A transfer of possession or control of tangible personal	73649
property under an agreement that requires the transfer of title	73650
upon completion of required payments and payment of an option	73651
price that does not exceed the greater of one hundred dollars or	73652
one per cent of the total required payments;	73653

(c) Providing tangible personal property along with an	73654
operator for a fixed or indefinite period of time, if the operator	73655
is necessary for the property to perform as designed. For purposes	73656
of this division, the operator must do more than maintain,	73657
inspect, or set-up the tangible personal property.	73658

(2) "Lease" and "rental," as defined in division (UU) of this	73659
section, shall not apply to leases or rentals that exist before	73660
June 26, 2003.	73661

(3) "Lease" and "rental" have the same meaning as in division	73662
(UU)(1) of this section regardless of whether a transaction is	73663
characterized as a lease or rental under generally accepted	73664
accounting principles, the Internal Revenue Code, Title XIII of	73665
the Revised Code, or other federal, state, or local laws.	73666

(VV) "Mobile telecommunications service" has the same meaning	73667
as in the "Mobile Telecommunications Sourcing Act," Pub. L. No.	73668
106-252, 114 Stat. 631 (2000), 4 U.S.C.A. 124(7), as amended, and,	73669
on and after August 1, 2003, includes related fees and ancillary	73670
services, including universal service fees, detailed billing	73671
service, directory assistance, service initiation, voice mail	73672
service, and vertical services, such as caller ID and three-way	73673
calling.	73674

(WW) "Certified service provider" has the same meaning as in	73675
section 5740.01 of the Revised Code.	73676

(XX) "Satellite broadcasting service" means the distribution	73677
or broadcasting of programming or services by satellite directly	73678
to the subscriber's receiving equipment without the use of ground	73679
receiving or distribution equipment, except the subscriber's	73680
receiving equipment or equipment used in the uplink process to the	73681
satellite, and includes all service and rental charges, premium	73682
channels or other special services, installation and repair	73683
service charges, and any other charges having any connection with	73684
the provision of the satellite broadcasting service.	73685

(YY) "Tangible personal property" means personal property	73686
that can be seen, weighed, measured, felt, or touched, or that is	73687
in any other manner perceptible to the senses. For purposes of	73688
this chapter and Chapter 5741. of the Revised Code, "tangible	73689
personal property" includes motor vehicles, electricity, water,	73690
gas, steam, and prewritten computer software.	73691

(ZZ) "Direct mail" means printed material delivered or	73692
distributed by United States mail or other delivery service to a	73693
mass audience or to addressees on a mailing list provided by the	73694
consumer or at the direction of the consumer when the cost of the	73695
items are not billed directly to the recipients. "Direct mail"	73696
includes tangible personal property supplied directly or	73697
indirectly by the consumer to the direct mail vendor for inclusion	73698
in the package containing the printed material. "Direct mail" does	73699
not include multiple items of printed material delivered to a	73700
single address.	73701

(AAA) "Computer" means an electronic device that accepts	73702
information in digital or similar form and manipulates it for a	73703
result based on a sequence of instructions.	73704

(BBB) "Computer software" means a set of coded instructions	73705
designed to cause a computer or automatic data processing	73706
equipment to perform a task.	73707

(CCC) "Delivered electronically" means delivery of computer	73708
software from the seller to the purchaser by means other than	73709
tangible storage media.	73710

(DDD) "Prewritten computer software" means computer software,	73711
including prewritten upgrades, that is not designed and developed	73712
by the author or other creator to the specifications of a specific	73713
purchaser. The combining of two or more prewritten computer	73714
software programs or prewritten portions thereof does not cause	73715
the combination to be other than prewritten computer software.	73716
"Prewritten computer software" includes software designed and	73717
developed by the author or other creator to the specifications of	73718
a specific purchaser when it is sold to a person other than the	73719
purchaser. If a person modifies or enhances computer software of	73720
which the person is not the author or creator, the person shall be	73721
deemed to be the author or creator only of such person's	73722
modifications or enhancements. Prewritten computer software or a	73723
prewritten portion thereof that is modified or enhanced to any	73724
degree, where such modification or enhancement is designed and	73725
developed to the specifications of a specific purchaser, remains	73726
prewritten computer software; provided, however, that where there	73727
is a reasonable, separately stated charge or an invoice or other	73728
statement of the price given to the purchaser for the modification	73729
or enhancement, the modification or enhancement shall not	73730
constitute prewritten computer software.	73731

(EEE)(1) "Food" means substances, whether in liquid,	73732
concentrated, solid, frozen, dried, or dehydrated form, that are	73733
sold for ingestion or chewing by humans and are consumed for their	73734
taste or nutritional value. "Food" does not include alcoholic	73735
beverages, dietary supplements, soft drinks, or tobacco.	73736

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

73737

(a) "Alcoholic beverages" means beverages that are suitable	73738
for human consumption and contain one-half of one per cent or more	73739
of alcohol by volume.	73740

(b) "Dietary supplements" means any product, other than	73741
tobacco, that is intended to supplement the diet and that is	73742
intended for ingestion in tablet, capsule, powder, softgel,	73743
gelcap, or liquid form, or, if not intended for ingestion in such	73744
a form, is not represented as conventional food for use as a sole	73745
item of a meal or of the diet; that is required to be labeled as a	73746
dietary supplement, identifiable by the "supplement facts" box	73747
found on the label, as required by 21 C.F.R. 101.36; and that	73748
contains one or more of the following dietary ingredients:	73749

(i) A vitamin;

73750

(ii) A mineral;

73751

(iii) An herb or other botanical;

73752

(iv) An amino acid;

73753

(v) A dietary substance for use by humans to supplement the	73754
diet by increasing the total dietary intake;	73755

(vi) A concentrate, metabolite, constituent, extract, or	73756
combination of any ingredient described in divisions	73757
(EEE)(2)(b)(i) to (v) of this section.	73758

(c) "Soft drinks" means nonalcoholic beverages that contain	73759
natural or artificial sweeteners. "Soft drinks" does not include	73760
beverages that contain milk or milk products, soy, rice, or	73761
similar milk substitutes, or that contains greater than fifty per	73762
cent vegetable or fruit juice by volume.	73763

(d) "Tobacco" means cigarettes, cigars, chewing or pipe	73764
tobacco, or any other item that contains tobacco.	73765

(FFF) "Drug" means a compound, substance, or preparation, and	73766
any component of a compound, substance, or preparation, other than	73767
food, dietary supplements, or alcoholic beverages that is	73768
recognized in the official United States pharmacopoeia, official	73769
homeopathic pharmacopoeia of the United States, or official	73770
national formulary, and supplements to them; is intended for use	73771
in the diagnosis, cure, mitigation, treatment, or prevention of	73772
disease; or is intended to affect the structure or any function of	73773
the body.	73774

(GGG) "Prescription" means an order, formula, or recipe	73775
issued in any form of oral, written, electronic, or other means of	73776
transmission by a duly licensed practitioner authorized by the	73777
laws of this state to issue a prescription.	73778

(HHH) "Durable medical equipment" means equipment, including	73779
repair and replacement parts for such equipment, that can	73780
withstand repeated use, is primarily and customarily used to serve	73781
a medical purpose, generally is not useful to a person in the	73782
absence of illness or injury, and is not worn in or on the body.	73783
"Durable medical equipment" does not include mobility enhancing	73784
equipment.	73785

(III) "Mobility enhancing equipment" means equipment,	73786
including repair and replacement parts for such equipment, that is	73787
primarily and customarily used to provide or increase the ability	73788
to move from one place to another and is appropriate for use	73789
either in a home or a motor vehicle, that is not generally used by	73790
persons with normal mobility, and that does not include any motor	73791
vehicle or equipment on a motor vehicle normally provided by a	73792
motor vehicle manufacturer. "Mobility enhancing equipment" does	73793
not include durable medical equipment.	73794

(JJJ) "Prosthetic device" means a replacement, corrective, or	73795
supportive device, including repair and replacement parts for the	73796
device, worn on or in the human body to artificially replace a	73797
missing portion of the body, prevent or correct physical deformity	73798
or malfunction, or support a weak or deformed portion of the body.	73799
As used in this division, "prosthetic device" does not include	73800
corrective eyeglasses, contact lenses, or dental prosthesis.	73801

(KKK)(1) "Fractional aircraft ownership program" means a	73802
program in which persons within an affiliated group sell and	73803
manage fractional ownership program aircraft, provided that at	73804
least one hundred airworthy aircraft are operated in the program	73805
and the program meets all of the following criteria:	73806

(a) Management services are provided by at least one program	73807
manager within an affiliated group on behalf of the fractional	73808
owners.	73809

(b) Each program aircraft is owned or possessed by at least	73810
one fractional owner.	73811

(c) Each fractional owner owns or possesses at least a	73812
one-sixteenth interest in at least one fixed-wing program	73813
aircraft.	73814

(d) A dry-lease aircraft interchange arrangement is in effect	73815
among all of the fractional owners.	73816

(e) Multi-year program agreements are in effect regarding the	73817
fractional ownership, management services, and dry-lease aircraft	73818
interchange arrangement aspects of the program.	73819

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

73820

(a) "Affiliated group" has the same meaning as in division	73821
(B)(3)(e) of this section.	73822

(b) "Fractional owner" means a person that owns or possesses	73823
at least a one-sixteenth interest in a program aircraft and has	73824
entered into the agreements described in division (KKK)(1)(e) of	73825
this section.	73826

(c) "Fractional ownership program aircraft" or "program	73827
aircraft" means a turbojet aircraft that is owned or possessed by	73828
a fractional owner and that has been included in a dry-lease	73829
aircraft interchange arrangement and agreement under divisions	73830
(KKK)(1)(d) and (e) of this section, or an aircraft a program	73831
manager owns or possesses primarily for use in a fractional	73832
aircraft ownership program.	73833

(d) "Management services" means administrative and aviation	73834
support services furnished under a fractional aircraft ownership	73835
program in accordance with a management services agreement under	73836
division (KKK)(1)(e) of this section, and offered by the program	73837
manager to the fractional owners, including, at a minimum, the	73838
establishment and implementation of safety guidelines; the	73839
coordination of the scheduling of the program aircraft and crews;	73840
program aircraft maintenance; program aircraft insurance; crew	73841
training for crews employed, furnished, or contracted by the	73842
program manager or the fractional owner; the satisfaction of	73843
record-keeping requirements; and the development and use of an	73844
operations manual and a maintenance manual for the fractional	73845
aircraft ownership program.	73846

(e) "Program manager" means the person that offers management	73847
services to fractional owners pursuant to a management services	73848
agreement under division (KKK)(1)(e) of this section.	73849

(LLL) "Electronic publishing" means providing access to one	73850
or more of the following primarily for business customers,	73851
including the federal government or a state government or a	73852
political subdivision thereof, to conduct research: news;	73853
business, financial, legal, consumer, or credit materials;	73854
editorials, columns, reader commentary, or features; photos or	73855
images; archival or research material; legal notices, identity	73856
verification, or public records; scientific, educational,	73857
instructional, technical, professional, trade, or other literary	73858
materials; or other similar information which has been gathered	73859
and made available by the provider to the consumer in an	73860
electronic format. Providing electronic publishing includes the	73861
functions necessary for the acquisition, formatting, editing,	73862
storage, and dissemination of data or information that is the	73863
subject of a sale.	73864

(MMM) "Medicaid health insuring corporation" means a health	73865
insuring corporation that holds a certificate of authority under	73866
Chapter 1751. of the Revised Code and is under contract with the	73867
department of job and family services pursuant to section 5111.17	73868
of the Revised Code.	73869

(NNN) "Managed care premium" means any premium, capitation,	73870
or other payment a medicaid health insuring corporation receives	73871
for providing or arranging for the provision of health care	73872
services to its members or enrollees residing in this state.	73873

(OOO) "Captive deer" means deer and other cervidae that have	73874
been legally acquired, or their offspring, that are privately	73875
owned for agricultural or farming purposes.	73876

(PPP) "Gift card" means a document, card, certificate, or	73877
other record, whether tangible or intangible, that may be redeemed	73878
by a consumer for a dollar value when making a purchase of	73879
tangible personal property or services.	73880

Sec. 5739.02. For the purpose of providing revenue with	73881
which to meet the needs of the state, for the use of the general	73882
revenue fund of the state, for the purpose of securing a thorough	73883
and efficient system of common schools throughout the state, for	73884
the purpose of affording revenues, in addition to those from	73885
general property taxes, permitted under constitutional	73886
limitations, and from other sources, for the support of local	73887
governmental functions, and for the purpose of reimbursing the	73888
state for the expense of administering this chapter, an excise tax	73889
is hereby levied on each retail sale made in this state.	73890

(A)(1) The tax shall be collected as provided in section	73891
5739.025 of the Revised Code. The rate of the tax shall be five	73892
and one-half per cent. The tax applies and is collectible when the	73893
sale is made, regardless of the time when the price is paid or	73894
delivered.	73895

(2) In the case of the lease or rental, with a fixed term of	73896
more than thirty days or an indefinite term with a minimum period	73897
of more than thirty days, of any motor vehicles designed by the	73898
manufacturer to carry a load of not more than one ton, watercraft,	73899
outboard motor, or aircraft, or of any tangible personal property,	73900
other than motor vehicles designed by the manufacturer to carry a	73901
load of more than one ton, to be used by the lessee or renter	73902
primarily for business purposes, the tax shall be collected by the	73903
vendor at the time the lease or rental is consummated and shall be	73904
calculated by the vendor on the basis of the total amount to be	73905
paid by the lessee or renter under the lease agreement. If the	73906
total amount of the consideration for the lease or rental includes	73907
amounts that are not calculated at the time the lease or rental is	73908
executed, the tax shall be calculated and collected by the vendor	73909
at the time such amounts are billed to the lessee or renter. In	73910
the case of an open-end lease or rental, the tax shall be	73911
calculated by the vendor on the basis of the total amount to be	73912
paid during the initial fixed term of the lease or rental, and for	73913
each subsequent renewal period as it comes due. As used in this	73914
division, "motor vehicle" has the same meaning as in section	73915
4501.01 of the Revised Code, and "watercraft" includes an outdrive	73916
unit attached to the watercraft.	73917

A lease with a renewal clause and a termination penalty or	73918
similar provision that applies if the renewal clause is not	73919
exercised is presumed to be a sham transaction. In such a case,	73920
the tax shall be calculated and paid on the basis of the entire	73921
length of the lease period, including any renewal periods, until	73922
the termination penalty or similar provision no longer applies.	73923
The taxpayer shall bear the burden, by a preponderance of the	73924
evidence, that the transaction or series of transactions is not a	73925
sham transaction.	73926

(3) Except as provided in division (A)(2) of this section, in	73927
the case of a sale, the price of which consists in whole or in	73928
part of the lease or rental of tangible personal property, the tax	73929
shall be measured by the installments of that lease or rental.	73930

(4) In the case of a sale of a physical fitness facility	73931
service or recreation and sports club service, the price of which	73932
consists in whole or in part of a membership for the receipt of	73933
the benefit of the service, the tax applicable to the sale shall	73934
be measured by the installments thereof.	73935

(B) The tax does not apply to the following:

73936

(1) Sales to the state or any of its political subdivisions,	73937
or to any other state or its political subdivisions if the laws of	73938
that state exempt from taxation sales made to this state and its	73939
political subdivisions;	73940

(2) Sales of food for human consumption off the premises	73941
where sold;	73942

(3) Sales of food sold to students only in a cafeteria,	73943
dormitory, fraternity, or sorority maintained in a private,	73944
public, or parochial school, college, or university;	73945

(4) Sales of newspapers and of magazine subscriptions and	73946
sales or transfers of magazines distributed as controlled	73947
circulation publications;	73948

(5) The furnishing, preparing, or serving of meals without	73949
charge by an employer to an employee provided the employer records	73950
the meals as part compensation for services performed or work	73951
done;	73952

(6) Sales of motor fuel upon receipt, use, distribution, or	73953
sale of which in this state a tax is imposed by the law of this	73954
state, but this exemption shall not apply to the sale of motor	73955
fuel on which a refund of the tax is allowable under division (A)	73956
of section 5735.14 of the Revised Code; and the tax commissioner	73957
may deduct the amount of tax levied by this section applicable to	73958
the price of motor fuel when granting a refund of motor fuel tax	73959
pursuant to division (A) of section 5735.14 of the Revised Code	73960
and shall cause the amount deducted to be paid into the general	73961
revenue fund of this state;	73962

(7) Sales of natural gas by a natural gas company, of water	73963
by a water-works company, or of steam by a heating company, if in	73964
each case the thing sold is delivered to consumers through pipes	73965
or conduits, and all sales of communications services by a	73966
telegraph company, all terms as defined in section 5727.01 of the	73967
Revised Code, and sales of electricity delivered through wires;	73968

(8) Casual sales by a person, or auctioneer employed directly	73969
by the person to conduct such sales, except as to such sales of	73970
motor vehicles, watercraft or outboard motors required to be	73971
titled under section 1548.06 of the Revised Code, watercraft	73972
documented with the United States coast guard, snowmobiles, and	73973
all-purpose vehicles as defined in section 4519.01 of the Revised	73974
Code;	73975

(9)(a) Sales of services or tangible personal property, other	73976
than motor vehicles, mobile homes, and manufactured homes, by	73977
churches, organizations exempt from taxation under section	73978
501(c)(3) of the Internal Revenue Code of 1986, or nonprofit	73979
organizations operated exclusively for charitable purposes as	73980
defined in division (B)(12) of this section, provided that the	73981
number of days on which such tangible personal property or	73982
services, other than items never subject to the tax, are sold does	73983
not exceed six in any calendar year, except as otherwise provided	73984
in division (B)(9)(b) of this section. If the number of days on	73985
which such sales are made exceeds six in any calendar year, the	73986
church or organization shall be considered to be engaged in	73987
business and all subsequent sales by it shall be subject to the	73988
tax. In counting the number of days, all sales by groups within a	73989
church or within an organization shall be considered to be sales	73990
of that church or organization.	73991

(b) The limitation on the number of days on which tax-exempt	73992
sales may be made by a church or organization under division	73993
(B)(9)(a) of this section does not apply to sales made by student	73994
clubs and other groups of students of a primary or secondary	73995
school, or a parent-teacher association, booster group, or similar	73996
organization that raises money to support or fund curricular or	73997
extracurricular activities of a primary or secondary school.	73998

(c) Divisions (B)(9)(a) and (b) of this section do not apply	73999
to sales by a noncommercial educational radio or television	74000
broadcasting station.	74001

(10) Sales not within the taxing power of this state under	74002
the Constitution of the United States;	74003

(11) Except for transactions that are sales under division	74004
(B)(3)(r) of section 5739.01 of the Revised Code, the	74005
transportation of persons or property, unless the transportation	74006
is by a private investigation and security service;	74007

(12) Sales of tangible personal property or services to	74008
churches, to organizations exempt from taxation under section	74009
501(c)(3) of the Internal Revenue Code of 1986, and to any other	74010
nonprofit organizations operated exclusively for charitable	74011
purposes in this state, no part of the net income of which inures	74012
to the benefit of any private shareholder or individual, and no	74013
substantial part of the activities of which consists of carrying	74014
on propaganda or otherwise attempting to influence legislation;	74015
sales to offices administering one or more homes for the aged or	74016
one or more hospital facilities exempt under section 140.08 of the	74017
Revised Code; and sales to organizations described in division (D)	74018
of section 5709.12 of the Revised Code.	74019

"Charitable purposes" means the relief of poverty; the	74020
improvement of health through the alleviation of illness, disease,	74021
or injury; the operation of an organization exclusively for the	74022
provision of professional, laundry, printing, and purchasing	74023
services to hospitals or charitable institutions; the operation of	74024
a home for the aged, as defined in section 5701.13 of the Revised	74025
Code; the operation of a radio or television broadcasting station	74026
that is licensed by the federal communications commission as a	74027
noncommercial educational radio or television station; the	74028
operation of a nonprofit animal adoption service or a county	74029
humane society; the promotion of education by an institution of	74030
learning that maintains a faculty of qualified instructors,	74031
teaches regular continuous courses of study, and confers a	74032
recognized diploma upon completion of a specific curriculum; the	74033
operation of a parent-teacher association, booster group, or	74034
similar organization primarily engaged in the promotion and	74035
support of the curricular or extracurricular activities of a	74036
primary or secondary school; the operation of a community or area	74037
center in which presentations in music, dramatics, the arts, and	74038
related fields are made in order to foster public interest and	74039
education therein; the production of performances in music,	74040
dramatics, and the arts; or the promotion of education by an	74041
organization engaged in carrying on research in, or the	74042
dissemination of, scientific and technological knowledge and	74043
information primarily for the public.	74044

Nothing in this division shall be deemed to exempt sales to	74045
any organization for use in the operation or carrying on of a	74046
trade or business, or sales to a home for the aged for use in the	74047
operation of independent living facilities as defined in division	74048
(A) of section 5709.12 of the Revised Code.	74049

(13) Building and construction materials and services sold to	74050
construction contractors for incorporation into a structure or	74051
improvement to real property under a construction contract with	74052
this state or a political subdivision of this state, or with the	74053
United States government or any of its agencies; building and	74054
construction materials and services sold to construction	74055
contractors for incorporation into a structure or improvement to	74056
real property that are accepted for ownership by this state or any	74057
of its political subdivisions, or by the United States government	74058
or any of its agencies at the time of completion of the structures	74059
or improvements; building and construction materials sold to	74060
construction contractors for incorporation into a horticulture	74061
structure or livestock structure for a person engaged in the	74062
business of horticulture or producing livestock; building	74063
materials and services sold to a construction contractor for	74064
incorporation into a house of public worship or religious	74065
education, or a building used exclusively for charitable purposes	74066
under a construction contract with an organization whose purpose	74067
is as described in division (B)(12) of this section; building	74068
materials and services sold to a construction contractor for	74069
incorporation into a building under a construction contract with	74070
an organization exempt from taxation under section 501(c)(3) of	74071
the Internal Revenue Code of 1986 when the building is to be used	74072
exclusively for the organization's exempt purposes; building and	74073
construction materials sold for incorporation into the original	74074
construction of a sports facility under section 307.696 of the	74075
Revised Code; building and construction materials and services	74076
sold to a construction contractor for incorporation into real	74077
property outside this state if such materials and services, when	74078
sold to a construction contractor in the state in which the real	74079
property is located for incorporation into real property in that	74080
state, would be exempt from a tax on sales levied by that state;	74081
and, until one calendar year after the construction of a	74082
convention center that qualifies for property tax exemption under	74083
section 5709.084 of the Revised Code is completed, building and	74084
construction materials and services sold to a construction	74085
contractor for incorporation into the real property comprising	74086
that convention center;	74087

(14) Sales of ships or vessels or rail rolling stock used or	74088
to be used principally in interstate or foreign commerce, and	74089
repairs, alterations, fuel, and lubricants for such ships or	74090
vessels or rail rolling stock;	74091

(15) Sales to persons primarily engaged in any of the	74092
activities mentioned in division (B)(42)(a), (g), or (h) of this	74093
section, to persons engaged in making retail sales, or to persons	74094
who purchase for sale from a manufacturer tangible personal	74095
property that was produced by the manufacturer in accordance with	74096
specific designs provided by the purchaser, of packages, including	74097
material, labels, and parts for packages, and of machinery,	74098
equipment, and material for use primarily in packaging tangible	74099
personal property produced for sale, including any machinery,	74100
equipment, and supplies used to make labels or packages, to	74101
prepare packages or products for labeling, or to label packages or	74102
products, by or on the order of the person doing the packaging, or	74103
sold at retail. "Packages" includes bags, baskets, cartons,	74104
crates, boxes, cans, bottles, bindings, wrappings, and other	74105
similar devices and containers, but does not include motor	74106
vehicles or bulk tanks, trailers, or similar devices attached to	74107
motor vehicles. "Packaging" means placing in a package. Division	74108
(B)(15) of this section does not apply to persons engaged in	74109
highway transportation for hire.	74110

(16) Sales of food to persons using supplemental nutrition	74111
assistance program benefits to purchase the food. As used in this	74112
division, "food" has the same meaning as in 7 U.S.C. 2012 and	74113
federal regulations adopted pursuant to the Food and Nutrition Act	74114
of 2008.	74115

(17) Sales to persons engaged in farming, agriculture,	74116
horticulture, or floriculture, of tangible personal property for	74117
use or consumption primarily in the production by farming,	74118
agriculture, horticulture, or floriculture of other tangible	74119
personal property for use or consumption primarily in the	74120
production of tangible personal property for sale by farming,	74121
agriculture, horticulture, or floriculture; or material and parts	74122
for incorporation into any such tangible personal property for use	74123
or consumption in production; and of tangible personal property	74124
for such use or consumption in the conditioning or holding of	74125
products produced by and for such use, consumption, or sale by	74126
persons engaged in farming, agriculture, horticulture, or	74127
floriculture, except where such property is incorporated into real	74128
property;	74129

(18) Sales of drugs for a human being that may be dispensed	74130
only pursuant to a prescription; insulin as recognized in the	74131
official United States pharmacopoeia; urine and blood testing	74132
materials when used by diabetics or persons with hypoglycemia to	74133
test for glucose or acetone; hypodermic syringes and needles when	74134
used by diabetics for insulin injections; epoetin alfa when	74135
purchased for use in the treatment of persons with medical	74136
disease; hospital beds when purchased by hospitals, nursing homes,	74137
or other medical facilities; and medical oxygen and medical	74138
oxygen-dispensing equipment when purchased by hospitals, nursing	74139
homes, or other medical facilities;	74140

(19) Sales of prosthetic devices, durable medical equipment	74141
for home use, or mobility enhancing equipment, when made pursuant	74142
to a prescription and when such devices or equipment are for use	74143
by a human being.	74144

(20) Sales of emergency and fire protection vehicles and	74145
equipment to nonprofit organizations for use solely in providing	74146
fire protection and emergency services, including trauma care and	74147
emergency medical services, for political subdivisions of the	74148
state;	74149

(21) Sales of tangible personal property manufactured in this	74150
state, if sold by the manufacturer in this state to a retailer for	74151
use in the retail business of the retailer outside of this state	74152
and if possession is taken from the manufacturer by the purchaser	74153
within this state for the sole purpose of immediately removing the	74154
same from this state in a vehicle owned by the purchaser;	74155

(22) Sales of services provided by the state or any of its	74156
political subdivisions, agencies, instrumentalities, institutions,	74157
or authorities, or by governmental entities of the state or any of	74158
its political subdivisions, agencies, instrumentalities,	74159
institutions, or authorities;	74160

(23) Sales of motor vehicles to nonresidents of this state	74161
under the circumstances described in division (B) of section	74162
5739.029 of the Revised Code;	74163

(24) Sales to persons engaged in the preparation of eggs for	74164
sale of tangible personal property used or consumed directly in	74165
such preparation, including such tangible personal property used	74166
for cleaning, sanitizing, preserving, grading, sorting, and	74167
classifying by size; packages, including material and parts for	74168
packages, and machinery, equipment, and material for use in	74169
packaging eggs for sale; and handling and transportation equipment	74170
and parts therefor, except motor vehicles licensed to operate on	74171
public highways, used in intraplant or interplant transfers or	74172
shipment of eggs in the process of preparation for sale, when the	74173
plant or plants within or between which such transfers or	74174
shipments occur are operated by the same person. "Packages"	74175
includes containers, cases, baskets, flats, fillers, filler flats,	74176
cartons, closure materials, labels, and labeling materials, and	74177
"packaging" means placing therein.	74178

(25)(a) Sales of water to a consumer for residential use,	74179
except the sale of bottled water, distilled water, mineral water,	74180
carbonated water, or ice;	74181

(b) Sales of water by a nonprofit corporation engaged	74182
exclusively in the treatment, distribution, and sale of water to	74183
consumers, if such water is delivered to consumers through pipes	74184
or tubing.	74185

(26) Fees charged for inspection or reinspection of motor	74186
vehicles under section 3704.14 of the Revised Code;	74187

(27) Sales to persons licensed to conduct a food service	74188
operation pursuant to section 3717.43 of the Revised Code, of	74189
tangible personal property primarily used directly for the	74190
following:	74191

(a) To prepare food for human consumption for sale;

74192

(b) To preserve food that has been or will be prepared for	74193
human consumption for sale by the food service operator, not	74194
including tangible personal property used to display food for	74195
selection by the consumer;	74196

(c) To clean tangible personal property used to prepare or	74197
serve food for human consumption for sale.	74198

(28) Sales of animals by nonprofit animal adoption services	74199
or county humane societies;	74200

(29) Sales of services to a corporation described in division	74201
(A) of section 5709.72 of the Revised Code, and sales of tangible	74202
personal property that qualifies for exemption from taxation under	74203
section 5709.72 of the Revised Code;	74204

(30) Sales and installation of agricultural land tile, as	74205
defined in division (B)(5)(a) of section 5739.01 of the Revised	74206
Code;	74207

(31) Sales and erection or installation of portable grain	74208
bins, as defined in division (B)(5)(b) of section 5739.01 of the	74209
Revised Code;	74210

(32) The sale, lease, repair, and maintenance of, parts for,	74211
or items attached to or incorporated in, motor vehicles that are	74212
primarily used for transporting tangible personal property	74213
belonging to others by a person engaged in highway transportation	74214
for hire, except for packages and packaging used for the	74215
transportation of tangible personal property;	74216

(33) Sales to the state headquarters of any veterans'	74217
organization in this state that is either incorporated and issued	74218
a charter by the congress of the United States or is recognized by	74219
the United States veterans administration, for use by the	74220
headquarters;	74221

(34) Sales to a telecommunications service vendor, mobile	74222
telecommunications service vendor, or satellite broadcasting	74223
service vendor of tangible personal property and services used	74224
directly and primarily in transmitting, receiving, switching, or	74225
recording any interactive, one- or two-way electromagnetic	74226
communications, including voice, image, data, and information,	74227
through the use of any medium, including, but not limited to,	74228
poles, wires, cables, switching equipment, computers, and record	74229
storage devices and media, and component parts for the tangible	74230
personal property. The exemption provided in this division shall	74231
be in lieu of all other exemptions under division (B)(42)(a) or	74232
(n) of this section to which the vendor may otherwise be entitled,	74233
based upon the use of the thing purchased in providing the	74234
telecommunications, mobile telecommunications, or satellite	74235
broadcasting service.	74236

(35)(a) Sales where the purpose of the consumer is to use or	74237
consume the things transferred in making retail sales and	74238
consisting of newspaper inserts, catalogues, coupons, flyers, gift	74239
certificates, or other advertising material that prices and	74240
describes tangible personal property offered for retail sale.	74241

(b) Sales to direct marketing vendors of preliminary	74242
materials such as photographs, artwork, and typesetting that will	74243
be used in printing advertising material; and of printed matter	74244
that offers free merchandise or chances to win sweepstake prizes	74245
and that is mailed to potential customers with advertising	74246
material described in division (B)(35)(a) of this section; ~~and~~	74247

(c) Sales of equipment such as telephones, computers,	74248
facsimile machines, and similar tangible personal property	74249
primarily used to accept orders for direct marketing retail sales.	74250

~~(c)~~(d) Sales of automatic food vending machines that preserve	74251
food with a shelf life of forty-five days or less by refrigeration	74252
and dispense it to the consumer.	74253

For purposes of division (B)(35) of this section, "direct	74254
marketing" means the method of selling where consumers order	74255
tangible personal property by United States mail, delivery	74256
service, or telecommunication and the vendor delivers or ships the	74257
tangible personal property sold to the consumer from a warehouse,	74258
catalogue distribution center, or similar fulfillment facility by	74259
means of the United States mail, delivery service, or common	74260
carrier.	74261

(36) Sales to a person engaged in the business of	74262
horticulture or producing livestock of materials to be	74263
incorporated into a horticulture structure or livestock structure;	74264

(37) Sales of personal computers, computer monitors, computer	74265
keyboards, modems, and other peripheral computer equipment to an	74266
individual who is licensed or certified to teach in an elementary	74267
or a secondary school in this state for use by that individual in	74268
preparation for teaching elementary or secondary school students;	74269

(38) Sales to a professional racing team of any of the	74270
following:	74271

(a) Motor racing vehicles;

74272

(b) Repair services for motor racing vehicles;

74273

(c) Items of property that are attached to or incorporated in	74274
motor racing vehicles, including engines, chassis, and all other	74275
components of the vehicles, and all spare, replacement, and	74276
rebuilt parts or components of the vehicles; except not including	74277
tires, consumable fluids, paint, and accessories consisting of	74278
instrumentation sensors and related items added to the vehicle to	74279
collect and transmit data by means of telemetry and other forms of	74280
communication.	74281

(39) Sales of used manufactured homes and used mobile homes,	74282
as defined in section 5739.0210 of the Revised Code, made on or	74283
after January 1, 2000;	74284

(40) Sales of tangible personal property and services to a	74285
provider of electricity used or consumed directly and primarily in	74286
generating, transmitting, or distributing electricity for use by	74287
others, including property that is or is to be incorporated into	74288
and will become a part of the consumer's production, transmission,	74289
or distribution system and that retains its classification as	74290
tangible personal property after incorporation; fuel or power used	74291
in the production, transmission, or distribution of electricity;	74292
energy conversion equipment as defined in section 5727.01 of the	74293
Revised Code; and tangible personal property and services used in	74294
the repair and maintenance of the production, transmission, or	74295
distribution system, including only those motor vehicles as are	74296
specially designed and equipped for such use. The exemption	74297
provided in this division shall be in lieu of all other exemptions	74298
in division (B)(42)(a) or (n) of this section to which a provider	74299
of electricity may otherwise be entitled based on the use of the	74300
tangible personal property or service purchased in generating,	74301
transmitting, or distributing electricity.	74302

(41) Sales to a person providing services under division	74303
(B)(3)(r) of section 5739.01 of the Revised Code of tangible	74304
personal property and services used directly and primarily in	74305
providing taxable services under that section.	74306

(42) Sales where the purpose of the purchaser is to do any of	74307
the following:	74308

(a) To incorporate the thing transferred as a material or a	74309
part into tangible personal property to be produced for sale by	74310
manufacturing, assembling, processing, or refining; or to use or	74311
consume the thing transferred directly in producing tangible	74312
personal property for sale by mining, including, without	74313
limitation, the extraction from the earth of all substances that	74314
are classed geologically as minerals, production of crude oil and	74315
natural gas, or directly in the rendition of a public utility	74316
service, except that the sales tax levied by this section shall be	74317
collected upon all meals, drinks, and food for human consumption	74318
sold when transporting persons. Persons engaged in rendering	74319
services in the exploration for, and production of, crude oil and	74320
natural gas for others are deemed engaged directly in the	74321
exploration for, and production of, crude oil and natural gas.	74322
This paragraph does not exempt from "retail sale" or "sales at	74323
retail" the sale of tangible personal property that is to be	74324
incorporated into a structure or improvement to real property.	74325

(b) To hold the thing transferred as security for the	74326
performance of an obligation of the vendor;	74327

(c) To resell, hold, use, or consume the thing transferred as	74328
evidence of a contract of insurance;	74329

(d) To use or consume the thing directly in commercial	74330
fishing;	74331

(e) To incorporate the thing transferred as a material or a	74332
part into, or to use or consume the thing transferred directly in	74333
the production of, magazines distributed as controlled circulation	74334
publications;	74335

(f) To use or consume the thing transferred in the production	74336
and preparation in suitable condition for market and sale of	74337
printed, imprinted, overprinted, lithographic, multilithic,	74338
blueprinted, photostatic, or other productions or reproductions of	74339
written or graphic matter;	74340

(g) To use the thing transferred, as described in section	74341
5739.011 of the Revised Code, primarily in a manufacturing	74342
operation to produce tangible personal property for sale;	74343

(h) To use the benefit of a warranty, maintenance or service	74344
contract, or similar agreement, as described in division (B)(7) of	74345
section 5739.01 of the Revised Code, to repair or maintain	74346
tangible personal property, if all of the property that is the	74347
subject of the warranty, contract, or agreement would not be	74348
subject to the tax imposed by this section;	74349

(i) To use the thing transferred as qualified research and	74350
development equipment;	74351

(j) To use or consume the thing transferred primarily in	74352
storing, transporting, mailing, or otherwise handling purchased	74353
sales inventory in a warehouse, distribution center, or similar	74354
facility when the inventory is primarily distributed outside this	74355
state to retail stores of the person who owns or controls the	74356
warehouse, distribution center, or similar facility, to retail	74357
stores of an affiliated group of which that person is a member, or	74358
by means of direct marketing. This division does not apply to	74359
motor vehicles registered for operation on the public highways. As	74360
used in this division, "affiliated group" has the same meaning as	74361
in division (B)(3)(e) of section 5739.01 of the Revised Code and	74362
"direct marketing" has the same meaning as in division (B)(35) of	74363
this section.	74364

(k) To use or consume the thing transferred to fulfill a	74365
contractual obligation incurred by a warrantor pursuant to a	74366
warranty provided as a part of the price of the tangible personal	74367
property sold or by a vendor of a warranty, maintenance or service	74368
contract, or similar agreement the provision of which is defined	74369
as a sale under division (B)(7) of section 5739.01 of the Revised	74370
Code;	74371

(l) To use or consume the thing transferred in the production	74372
of a newspaper for distribution to the public;	74373

(m) To use tangible personal property to perform a service	74374
listed in division (B)(3) of section 5739.01 of the Revised Code,	74375
if the property is or is to be permanently transferred to the	74376
consumer of the service as an integral part of the performance of	74377
the service;	74378

(n) To use or consume the thing transferred primarily in	74379
producing tangible personal property for sale by farming,	74380
agriculture, horticulture, or floriculture. Persons engaged in	74381
rendering farming, agriculture, horticulture, or floriculture	74382
services for others are deemed engaged primarily in farming,	74383
agriculture, horticulture, or floriculture. This paragraph does	74384
not exempt from "retail sale" or "sales at retail" the sale of	74385
tangible personal property that is to be incorporated into a	74386
structure or improvement to real property.	74387

(o) To use or consume the thing transferred in acquiring,	74388
formatting, editing, storing, and disseminating data or	74389
information by electronic publishing.	74390

As used in division (B)(42) of this section, "thing" includes	74391
all transactions included in divisions (B)(3)(a), (b), and (e) of	74392
section 5739.01 of the Revised Code.	74393

(43) Sales conducted through a coin operated device that	74394
activates vacuum equipment or equipment that dispenses water,	74395
whether or not in combination with soap or other cleaning agents	74396
or wax, to the consumer for the consumer's use on the premises in	74397
washing, cleaning, or waxing a motor vehicle, provided no other	74398
personal property or personal service is provided as part of the	74399
transaction.	74400

(44) Sales of replacement and modification parts for engines,	74401
airframes, instruments, and interiors in, and paint for, aircraft	74402
used primarily in a fractional aircraft ownership program, and	74403
sales of services for the repair, modification, and maintenance of	74404
such aircraft, and machinery, equipment, and supplies primarily	74405
used to provide those services.	74406

(45) Sales of telecommunications service that is used	74407
directly and primarily to perform the functions of a call center.	74408
As used in this division, "call center" means any physical	74409
location where telephone calls are placed or received in high	74410
volume for the purpose of making sales, marketing, customer	74411
service, technical support, or other specialized business	74412
activity, and that employs at least fifty individuals that engage	74413
in call center activities on a full-time basis, or sufficient	74414
individuals to fill fifty full-time equivalent positions.	74415

(46) Sales by a telecommunications service vendor of 900	74416
service to a subscriber. This division does not apply to	74417
information services, as defined in division (FF) of section	74418
5739.01 of the Revised Code.	74419

(47) Sales of value-added non-voice data service. This	74420
division does not apply to any similar service that is not	74421
otherwise a telecommunications service.	74422

(48)(a) Sales of machinery, equipment, and software to a	74423
qualified direct selling entity for use in a warehouse or	74424
distribution center primarily for storing, transporting, or	74425
otherwise handling inventory that is held for sale to independent	74426
salespersons who operate as direct sellers and that is held	74427
primarily for distribution outside this state;	74428

(b) As used in division (B)(48)(a) of this section:

74429

(i) "Direct seller" means a person selling consumer products	74430
to individuals for personal or household use and not from a fixed	74431
retail location, including selling such product at in-home product	74432
demonstrations, parties, and other one-on-one selling.	74433

(ii) "Qualified direct selling entity" means an entity	74434
selling to direct sellers at the time the entity enters into a tax	74435
credit agreement with the tax credit authority pursuant to section	74436
122.17 of the Revised Code, provided that the agreement was	74437
entered into on or after January 1, 2007. Neither contingencies	74438
relevant to the granting of, nor later developments with respect	74439
to, the tax credit shall impair the status of the qualified direct	74440
selling entity under division (B)(48) of this section after	74441
execution of the tax credit agreement by the tax credit authority.	74442

(c) Division (B)(48) of this section is limited to machinery,	74443
equipment, and software first stored, used, or consumed in this	74444
state within the period commencing June 24, 2008, and ending on	74445
the date that is five years after that date.	74446

(49)(a) Sales of materials, parts, equipment, or engines used	74447
in the repair or maintenance of aircraft or avionics systems of	74448
such aircraft, and sales of repair, remodeling, replacement, or	74449
maintenance services in this state performed on aircraft or on an	74450
aircraft's avionics, engine, or component materials or parts. As	74451
used in division (B)(49)(a) of this section, "aircraft" means	74452
aircraft of more than six thousand pounds maximum certified	74453
takeoff weight or used exclusively in general aviation.	74454

(b) Sales of tangible personal property, including materials,	74455
parts, equipment, software, supplies, tools, fuel, catalysts, oil,	74456
acids, and other consumables, or services used or consumed in	74457
performing research and development activities with respect to	74458
aerospace vehicles, the parts, avionics systems, control systems,	74459
engines, software, component materials, or component parts of such	74460
aerospace vehicles, and human performance equipment and technology	74461
associated with operating and testing aerospace vehicles. As used	74462
in division (B)(49)(b) of this section, "aerospace vehicles" means	74463
any manned or unmanned aviation device including, but not limited	74464
to, aircraft, airplanes, helicopters, missiles, rockets, and space	74465
vehicles.	74466

(50) Sales of full flight simulators that are used for pilot	74467
or flight-crew training, sales of repair or replacement parts or	74468
components, and sales of repair or maintenance services for such	74469
full flight simulators. "Full flight simulator" means a replica of	74470
a specific type, or make, model, and series of aircraft cockpit.	74471
It includes the assemblage of equipment and computer programs	74472
necessary to represent aircraft operations in ground and flight	74473
conditions, a visual system providing an out-of-the-cockpit view,	74474
and a system that provides cues at least equivalent to those of a	74475
three-degree-of-freedom motion system, and has the full range of	74476
capabilities of the systems installed in the device as described	74477
in appendices A and B of part 60 of chapter 1 of title 14 of the	74478
Code of Federal Regulations.	74479

(51) Any transfer or lease of tangible personal property	74480
between the state and a successful proposer in accordance with	74481
sections 126.60 to 126.605 of the Revised Code, provided the	74482
property is part of a project as defined in section 126.60 of the	74483
Revised Code and the state retains ownership of the project or	74484
part thereof that is being transferred or leased, between the	74485
state and JobsOhio in accordance with section 4313.02 of the	74486
Revised Code.	74487

(C) For the purpose of the proper administration of this	74488
chapter, and to prevent the evasion of the tax, it is presumed	74489
that all sales made in this state are subject to the tax until the	74490
contrary is established.	74491

(D) The levy of this tax on retail sales of recreation and	74492
sports club service shall not prevent a municipal corporation from	74493
levying any tax on recreation and sports club dues or on any	74494
income generated by recreation and sports club dues.	74495

(E) The tax collected by the vendor from the consumer under	74496
this chapter is not part of the price, but is a tax collection for	74497
the benefit of the state, and of counties levying an additional	74498
sales tax pursuant to section 5739.021 or 5739.026 of the Revised	74499
Code and of transit authorities levying an additional sales tax	74500
pursuant to section 5739.023 of the Revised Code. Except for the	74501
discount authorized under section 5739.12 of the Revised Code and	74502
the effects of any rounding pursuant to section 5703.055 of the	74503
Revised Code, no person other than the state or such a county or	74504
transit authority shall derive any benefit from the collection or	74505
payment of the tax levied by this section or section 5739.021,	74506
5739.023, or 5739.026 of the Revised Code.	74507

Sec. 5743.03. (A) Except as provided in section 5743.04 of	74508
the Revised Code, the taxes imposed under sections 5743.02,	74509
5743.021, 5743.024, and 5743.026 of the Revised Code shall be paid	74510
by the purchase of tax stamps. A tax stamp shall be affixed to	74511
each package of an aggregate denomination not less than the amount	74512
of the tax upon the contents thereof. The tax stamp, so affixed,	74513
shall be prima-facie evidence of payment of the tax.	74514

Except as is provided in the rules prescribed by the tax	74515
commissioner under authority of sections 5743.01 to 5743.20 of the	74516
Revised Code, and unless tax stamps have been previously affixed,	74517
they shall be so affixed by each wholesale dealer, and canceled by	74518
writing or stamping across the face thereof the number assigned to	74519
such wholesale dealer by the tax commissioner for that purpose,	74520
prior to the delivery of any cigarettes to any person in this	74521
state, or in the case of a tax levied pursuant to section	74522
5743.021, 5743.024, or 5743.026 of the Revised Code, prior to the	74523
delivery of cigarettes to any person in the county in which the	74524
tax is levied.	74525

(B) Except as provided in the rules prescribed by the	74526
commissioner under authority of sections 5743.01 to 5743.20 of the	74527
Revised Code, each retail dealer, within twenty-four hours after	74528
the receipt of any cigarettes at the retail dealer's place of	74529
business, shall inspect the cigarettes to ensure that tax stamps	74530
are affixed. The inspection shall be completed before the	74531
cigarettes are delivered to any person in this state, or, in the	74532
case of a tax levied pursuant to section 5743.021, 5743.024, or	74533
5743.026 of the Revised Code, before the cigarettes are delivered	74534
to any person in the county in which the tax is levied.	74535

(C) Whenever any cigarettes are found in the place of	74536
business of any retail dealer without proper tax stamps affixed	74537
thereto and canceled, it is presumed that such cigarettes are kept	74538
therein in violation of sections 5743.01 to 5743.20 of the Revised	74539
Code.	74540

(D) Each wholesale dealer who purchases cigarettes without	74541
proper tax stamps affixed thereto shall, on or before the	74542
thirty-first day of the month following the close of each	74543
semiannual period, which period shall end on the thirtieth day of	74544
June and the thirty-first day of December of each year, make and	74545
file a return of the preceding semiannual period, on such form as	74546
is prescribed by the tax commissioner, showing the dealer's entire	74547
purchases and sales of cigarettes and stamps or impressions for	74548
such semiannual period and accurate inventories as of the	74549
beginning and end of each semiannual period of cigarettes, stamped	74550
or unstamped; cigarette tax stamps affixed or unaffixed and unused	74551
meter impressions; and such other information as the commissioner	74552
finds necessary to the proper administration of sections 5743.01	74553
to 5743.20 of the Revised Code. The commissioner may extend the	74554
time for making and filing returns and may remit all or any part	74555
of amounts of penalties that may become due under sections 5743.01	74556
to 5743.20 of the Revised Code. The wholesale dealer shall deliver	74557
the return together with a remittance of the tax deficiency	74558
reported thereon to the treasurer of state. The treasurer of state	74559
shall stamp or otherwise mark on the return the date it was	74560
received and shall also show thereon by stamp or otherwise a	74561
payment or nonpayment of the deficiency shown by the return.	74562
Thereafter, the treasurer of state shall immediately transmit all	74563
returns filed under this section to the commissioner.	74564

(E) Any wholesale dealer who fails to file a return under	74565
this section and the rules of the commissioner, other than a	74566
report required pursuant to division (F) of this section, may be	74567
required, for each day the dealer so fails, to forfeit and pay	74568
into the state treasury the sum of one dollar as revenue arising	74569
from the tax imposed by sections 5743.01 to 5743.20 of the Revised	74570
Code and such sum may be collected by assessment in the manner	74571
provided in section 5743.081 of the Revised Code. If the	74572
commissioner finds it necessary in order to insure the payment of	74573
the tax imposed by sections 5743.01 to 5743.20 of the Revised	74574
Code, the commissioner may require returns and payments to be made	74575
other than semiannually. The returns shall be signed by the	74576
wholesale dealer or an authorized agent thereof.	74577

(F) Each person required to file a tax return under section	74578
5743.03, 5743.52, or 5743.62 of the Revised Code shall report to	74579
the commissioner the quantity of all cigarettes and roll-your-own	74580
cigarette tobacco sold in Ohio for each brand not covered by the	74581
tobacco master settlement agreement for which the person is liable	74582
for the taxes levied under section 5743.02, 5743.51, or 5743.62 of	74583
the Revised Code.	74584

As used in this division, "tobacco master settlement	74585
agreement" has the same meaning as in section 183.01 of the	74586
Revised Code.	74587

(G) The report required by division (F) of this section shall	74588
be made on a form prescribed by the commissioner and shall be	74589
filed not later than the last day of each month for the previous	74590
month, except that if the commissioner determines that the	74591
quantity reported by a person does not warrant monthly reporting,	74592
the commissioner may authorize reporting at less frequent	74593
intervals. The commissioner may assess a penalty of not more than	74594
two hundred fifty dollars for each month or portion thereof that a	74595
person fails to timely file a required report, and such sum may be	74596
collected by assessment in the manner provided in section 5743.081	74597
of the Revised Code. All money collected under this division shall	74598
be considered as revenue arising from the taxes imposed by	74599
sections 5743.01 to 5743.20 of the Revised Code.	74600

(H) The treasurer of state or an agent of the treasurer may	74601
sell tax stamps only to a licensed wholesale dealer, except as	74602
otherwise authorized by the commissioner. The treasurer or an	74603
agent of the treasurer may charge the costs associated with the	74604
sale of tax stamps to the licensed wholesale dealer. Amounts	74605
collected from such charges shall be credited to the treasurer of	74606
state's administrative fund created under section 113.20 of the	74607
Revised Code.	74608

Sec. 5743.031. (A) A wholesale dealer may affix stamps only	74609
to packages of cigarettes that the dealer received directly from a	74610
manufacturer or importer of cigarettes that possesses a valid and	74611
current license under section 5743.15 of the Revised Code, or to	74612
packages of cigarettes that the dealer received from another	74613
wholesale dealer that possesses a valid and current license under	74614
section 5743.15 of the Revised Code, provided that the tax	74615
commissioner has authorized the sale of the cigarettes between	74616
those wholesale dealers and that the wholesale dealer that sells	74617
the cigarettes received them directly from a manufacturer or	74618
importer of cigarettes that possesses a valid and current license	74619
under section 5743.15 of the Revised Code.	74620

(B) Only a wholesale dealer that possesses a valid and	74621
current license under section 5743.15 of the Revised Code may	74622
purchase or obtain tax stamps. A wholesale dealer may not sell or	74623
provide such stamps to any other wholesale dealer or any other	74624
person.	74625

(C) Any person shipping unstamped packages of cigarettes into	74626
this state to a person other than a wholesale dealer licensed	74627
under section 5743.15 of the Revised Code shall, before such	74628
shipment, file notice of the shipment with the tax commissioner.	74629
Any person that transports unstamped packages of cigarettes into	74630
or within this state shall carry in the vehicle used to convey the	74631
shipment invoices or equivalent documentation of the shipment for	74632
all cigarettes in the shipment. The invoices or other	74633
documentation shall show the true name and address of the	74634
consignor or seller, the true name and address of the consignee or	74635
purchaser, and the quantity of the cigarettes being transported.	74636
This division does not apply to any ~~common or contract~~for-hire	74637
motor carrier transporting cigarettes through this state to	74638
another location under a proper bill of lading or freight bill	74639
that states the quantity, source, and destination of the	74640
cigarettes.	74641

Sec. 5751.033. For the purposes of this chapter, gross	74642
receipts shall be sitused to this state as follows:	74643

(A) Gross rents and royalties from real property located in	74644
this state shall be sitused to this state.	74645

(B) Gross rents and royalties from tangible personal property	74646
shall be sitused to this state to the extent the tangible personal	74647
property is located or used in this state.	74648

(C) Gross receipts from the sale of electricity and electric	74649
transmission and distribution services shall be sitused to this	74650
state in the manner provided under section 5733.059 of the Revised	74651
Code.	74652

(D) Gross receipts from the sale of real property located in	74653
this state shall be sitused to this state.	74654

(E) Gross receipts from the sale of tangible personal	74655
property shall be sitused to this state if the property is	74656
received in this state by the purchaser. In the case of delivery	74657
of tangible personal property by ~~common~~motor carrier or by other	74658
means of transportation, the place at which such property is	74659
ultimately received after all transportation has been completed	74660
shall be considered the place where the purchaser receives the	74661
property. For purposes of this section, the phrase "delivery of	74662
tangible personal property by ~~common~~motor carrier or by other	74663
means of transportation" includes the situation in which a	74664
purchaser accepts the property in this state and then transports	74665
the property directly or by other means to a location outside this	74666
state. Direct delivery in this state, other than for purposes of	74667
transportation, to a person or firm designated by a purchaser	74668
constitutes delivery to the purchaser in this state, and direct	74669
delivery outside this state to a person or firm designated by a	74670
purchaser does not constitute delivery to the purchaser in this	74671
state, regardless of where title passes or other conditions of	74672
sale.	74673

(F) Gross receipts from the sale, exchange, disposition, or	74674
other grant of the right to use trademarks, trade names, patents,	74675
copyrights, and similar intellectual property shall be sitused to	74676
this state to the extent that the receipts are based on the amount	74677
of use of the property in this state. If the receipts are not	74678
based on the amount of use of the property, but rather on the	74679
right to use the property, and the payor has the right to use the	74680
property in this state, then the receipts from the sale, exchange,	74681
disposition, or other grant of the right to use such property	74682
shall be sitused to this state to the extent the receipts are	74683
based on the right to use the property in this state.	74684

(G) Gross receipts from the sale of transportation services	74685
by a ~~common or contract~~motor carrier shall be sitused to this	74686
state in proportion to the mileage traveled by the carrier during	74687
the tax period on roadways, waterways, airways, and railways in	74688
this state to the mileage traveled by the carrier during the tax	74689
period on roadways, waterways, airways, and railways everywhere.	74690
With prior written approval of the tax commissioner, a ~~common or~~	74691
~~contract~~motor carrier may use an alternative situsing procedure	74692
for transportation services.	74693

(H) Gross receipts from dividends, interest, and other	74694
sources of income from financial instruments described in	74695
divisions (F)(4), (5), (6), (7), (8), (9), (10), (11), and (13) of	74696
section 5733.056 of the Revised Code shall be sitused to this	74697
state in accordance with the situsing provisions set forth in	74698
those divisions. When applying the provisions of divisions (F)(6),	74699
(8), and (13) of section 5733.056 of the Revised Code, "gross	74700
receipts" shall be substituted for "net gains" wherever "net	74701
gains" appears in those divisions. Nothing in this division limits	74702
or modifies the exclusions enumerated in divisions (E) and (F)(2)	74703
of section 5751.01 of the Revised Code. The tax commissioner may	74704
promulgate rules to further specify the manner in which to situs	74705
gross receipts subject to this division.	74706

(I) Gross receipts from the sale of all other services, and	74707
all other gross receipts not otherwise sitused under this section,	74708
shall be sitused to this state in the proportion that the	74709
purchaser's benefit in this state with respect to what was	74710
purchased bears to the purchaser's benefit everywhere with respect	74711
to what was purchased. The physical location where the purchaser	74712
ultimately uses or receives the benefit of what was purchased	74713
shall be paramount in determining the proportion of the benefit in	74714
this state to the benefit everywhere. If a taxpayer's records do	74715
not allow the taxpayer to determine that location, the taxpayer	74716
may use an alternative method to situs gross receipts under this	74717
division if the alternative method is reasonable, is consistently	74718
and uniformly applied, and is supported by the taxpayer's records	74719
as the records exist when the service is provided or within a	74720
reasonable period of time thereafter.	74721

(J) If the situsing provisions of divisions (A) to (H) of	74722
this section do not fairly represent the extent of a person's	74723
activity in this state, the person may request, or the tax	74724
commissioner may require or permit, an alternative method. Such	74725
request by a person must be made within the applicable statute of	74726
limitations set forth in this chapter.	74727

(K) The tax commissioner may adopt rules to provide	74728
additional guidance to the application of this section, and	74729
provide alternative methods of situsing gross receipts that apply	74730
to all persons, or subset of persons, that are engaged in similar	74731
business or trade activities.	74732

(L) As used in this section, "motor carrier" has the same	74733
meaning as in section 4923.01 of the Revised Code.	74734

Sec. 5751.12. The tax commissioner may prescribe	74735
requirements for the keeping of records and other pertinent	74736
documents, the filing of copies of federal income tax returns and	74737
determinations, and computations reconciling federal income tax	74738
returns with the returns and reports required by section 5751.05	74739
of the Revised Code. The commissioner may require any person, by	74740
rule or notice served on that person, to keep those records that	74741
the commissioner considers necessary to show whether, and the	74742
extent to which, a person is subject to this chapter. Those	74743
records and other documents shall be open during business hours to	74744
the inspection of the commissioner, and shall be preserved for a	74745
period of four years unless the commissioner, in writing, consents	74746
to their destruction within that period, or by order requires that	74747
they be kept longer. If such records are normally kept by the	74748
person electronically, the person shall provide such records to	74749
the commissioner electronically at the commissioner's request.	74750

Any information required by the ~~tax~~ commissioner under this	74751
chapter is confidential as provided for in section 5703.21 of the	74752
Revised Code. However, the commissioner shall make public an	74753
electronic list of all actively registered persons required to	74754
remit the tax under this chapter, including legal names, trade	74755
names, addresses, and account numbers. In addition, such list	74756
shall include all persons that cancelled their registration at any	74757
time during the preceding four calendar years, including the date	74758
the registration was cancelled.	74759

Sec. 6109.21. (A) Except as provided in divisions ~~(D)~~(I) and	74760
~~(E)~~(J) of this section, ~~on and after January 1, 1994,~~ no person	74761
shall operate ~~or maintain~~ a public water system in this state	74762
without a license issued by the director of environmental	74763
protection. ~~A person who operates or maintains a public water~~	74764
~~system on January 1, 1994, shall obtain an initial license under~~	74765
~~this section in accordance with the following schedule:~~	74766

~~(1) If the public water system is a community water system,~~	74767
~~not later than January 31, 1994;~~	74768

~~(2) If the public water system is not a community water~~	74769
~~system and serves a nontransient population, not later than~~	74770
~~January 31, 1994;~~	74771

~~(3) If the public water system is not a community water~~	74772
~~system and serves a transient population, not later than January~~	74773
~~31, 1995.~~	74774

~~A person proposing to operate or maintain a new public water~~	74775
~~system after January 1, 1994, in addition to complying with~~	74776
~~section 6109.07 of the Revised Code and rules adopted under it,~~	74777
~~shall submit an application for an initial license under this~~	74778
~~section to the director prior to commencing operation of the~~	74779
~~system.~~	74780

~~A license or license renewal issued under this section shall~~	74781
~~be renewed annually. Such a license or license renewal shall~~	74782
~~expire on the thirtieth day of January in the year following its~~	74783
~~issuance. A license holder that proposes to continue operating the~~	74784
~~public water system for which the license or license renewal was~~	74785
~~issued shall apply for a license renewal at least thirty days~~	74786
~~prior to that expiration date.~~	74787

~~The director shall adopt, and may amend and rescind, rules in~~	74788
~~accordance with Chapter 119. of the Revised Code establishing~~	74789
~~procedures governing and information to be included on~~	74790
~~applications for licenses and license renewals under this section.~~	74791
~~Through~~(B)(1) A person who proposes to operate a new public water	74792
system, in addition to complying with section 6109.07 of the	74793
Revised Code and rules adopted under it, shall obtain an initial	74794
license from the director. The person shall submit an application	74795
for the initial license at least forty-five days prior to	74796
commencing the operation of the system.	74797

(C) A license shall expire on the thirtieth day of January in	74798
the year following its issuance.	74799

(D) A license shall be renewed annually. A person proposing	74800
to continue operating a public water system shall apply for a	74801
license renewal at least thirty days prior to the expiration date	74802
of the license.	74803

(E) Through June 30, 2014, each application for a license or	74804
license renewal shall be accompanied by the appropriate fee	74805
established under division (M) of section 3745.11 of the Revised	74806
Code~~, provided that~~. However, an applicant for an initial license	74807
who is proposing to operate ~~or maintain~~ a new public water system	74808
~~after January 1, 1994,~~ shall submit a fee that equals a prorated	74809
amount of the appropriate fee established under that division for	74810
the remainder of the licensing year.	74811

~~(B)~~(F) Not later than thirty days after receiving a completed	74812
application and the appropriate license fee for ~~an initial~~a	74813
license ~~under division (A) of this section, the director shall~~	74814
~~issue the~~or license renewal for ~~the~~a public water system~~. Not~~	74815
~~later than thirty days after receiving a completed application and~~	74816
~~the appropriate license fee for a license renewal under division~~	74817
~~(A) of this section~~, the director shall do one of the following:	74818

(1) Issue the license or license renewal for the public water	74819
system;	74820

(2) Issue the license or license renewal subject to terms and	74821
conditions that the director determines are necessary to ensure	74822
compliance with this chapter and rules adopted under it;	74823

(3) Deny the license or license renewal if the director finds	74824
that the public water system ~~was not~~cannot be operated in	74825
substantial compliance with this chapter and rules adopted under	74826
it.	74827

~~(C)~~(G) The director may condition, suspend, or revoke a	74828
license or license renewal issued under this section at any time	74829
if the director finds that the public water system was not or will	74830
not be operated in substantial compliance with this chapter and	74831
rules adopted under it. ~~The director shall adopt, and may amend~~	74832
~~and rescind, rules in accordance with Chapter 119. of the Revised~~	74833
~~Code governing such suspensions and revocations.~~	74834

~~(D)~~(H) The director shall adopt rules in accordance with	74835
Chapter 119. of the Revised Code establishing procedures and	74836
requirements governing both of the following:	74837

(1) Information to be included on applications for licenses	74838
and license renewals issued under this section;	74839

(2) The issuance, conditioning, suspension, revocation, and	74840
denial of licenses and license renewals under this section.	74841

(I)(1) As used in division ~~(D)~~(I) of this section, "church"	74842
means a fellowship of believers, congregation, society,	74843
corporation, convention, or association that is formed primarily	74844
or exclusively for religious purposes and that is not formed or	74845
operated for the private profit of any person.	74846

(2) This section does not apply to a church that operates or	74847
maintains a public water system solely to provide water for that	74848
church or for a campground that is owned by the church and	74849
operated primarily or exclusively for members of the church and	74850
their families. ~~A church that, on or before March 5, 1996, has~~	74851
~~obtained a license under this section for such a public water~~	74852
~~system need not obtain a license renewal under this section.~~	74853

~~(E)~~(J) This section does not apply to any public or nonpublic	74854
school that meets minimum standards of the state board of	74855
education that operates or maintains a public water system solely	74856
to provide water for that school.	74857

~~(F)~~(K) The environmental protection agency shall collect well	74858
log filing fees on behalf of the division of soil and water	74859
resources in the department of natural resources in accordance	74860
with section 1521.05 of the Revised Code and rules adopted under	74861
it. The fees shall be submitted to the division quarterly as	74862
provided in those rules.	74863

Sec. 6111.46. (A) The environmental protection agency shall	74864
exercise general supervision of the treatment and disposal of	74865
sewage and industrial wastes and the operation and maintenance of	74866
works or means installed for the collection, treatment, and	74867
disposal of sewage and industrial wastes. Such general supervision	74868
shall apply to all features of construction, operation, and	74869
maintenance of the works or means that do or may affect the proper	74870
treatment and disposal of sewage and industrial wastes.	74871

(B)(1) The agency shall investigate the works or means	74872
employed in the collection, treatment, and disposal of sewage and	74873
industrial wastes whenever considered necessary or whenever	74874
requested to do so by local health officials and may issue and	74875
enforce orders and shall adopt rules governing the operation and	74876
maintenance of the works or means of treatment and disposal of	74877
such sewage and industrial wastes. In adopting rules under this	74878
section, the agency shall establish standards governing the	74879
construction, operation, and maintenance of the works or means of	74880
collection, treatment, and disposal of sewage that is generated at	74881
recreational vehicle parks, recreation camps, combined park-camps,	74882
and temporary park-camps that are separate from such standards	74883
relative to manufactured home parks.	74884

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

74885

(a) "Manufactured home parks" has the same meaning as in	74886
section ~~3733.01~~4781.01 of the Revised Code.	74887

(b) "Recreational vehicle parks," "recreation camps,"	74888
"combined park-camps," and "temporary park-camps" have the same	74889
meanings as in section 3729.01 of the Revised Code.	74890

(C) The agency may require the submission of records and data	74891
of construction, operation, and maintenance, including plans and	74892
descriptions of existing works or means of treatment and disposal	74893
of such sewage and industrial wastes. When the agency requires the	74894
submission of such records or information, the public officials or	74895
person, firm, or corporation having the works in charge shall	74896
comply promptly with that order.	74897

Sec. 6117.39. (A) Except as provided in division (B) of this	74898
section, whenever, in the opinion of the board of county	74899
commissioners, it is necessary to acquire real estate or any	74900
interest in real estate for the acquisition, construction,	74901
maintenance, or operation of any sewer, drainage, or other	74902
improvement authorized by this chapter, or to acquire the right to	74903
construct, maintain, and operate the sewer, drainage, or other	74904
improvement in and upon any property within or outside of a county	74905
sewer district, it may purchase the real estate, interest in real	74906
estate, or right by negotiation. If the board and the owner of the	74907
real estate, interest in real estate, or right are unable to agree	74908
upon its purchase and sale, or the amount of damages to be awarded	74909
for it, the board may appropriate the real estate, interest, or	74910
right in accordance with sections 163.01 to 163.22 of the Revised	74911
Code, except that the board, in the exercise of the powers granted	74912
by this section or any other section of this chapter, may not	74913
appropriate real estate or personal property owned by a municipal	74914
corporation.	74915

(B)(1) For the purposes of division (B) of this section,	74916
~~either~~any of the following constitutes a public exigency:	74917

(a) A finding by the director of environmental protection	74918
that a public health nuisance caused by an occasion of unavoidable	74919
urgency and suddenness due to unsanitary conditions compels the	74920
immediate construction of sewers for the protection of the public	74921
health and welfare;	74922

(b) The issuance of an order by the board of health of a	74923
health district to mitigate or abate a public health nuisance that	74924
is caused by an occasion of unavoidable urgency and suddenness due	74925
to unsanitary conditions and compels the immediate construction of	74926
sewers for the protection of the public health and welfare;	74927

(c) With respect to an affected parcel of property, an	74928
improvement required as a result of a federally imposed or	74929
state-imposed consent decree that prohibits future sewer inflows,	74930
combined sewer overflows, or sewer back-ups.	74931

(2) If the board of county commissioners is unable to	74932
purchase property for the purpose of ~~the construction of sewers to~~	74933
~~mitigate or abate the public health nuisance that is the subject~~	74934
~~of a finding of the director or an order of the board of health~~	74935
addressing a public exigency pursuant to division (B) of this	74936
section, the board of county commissioners may adopt a resolution	74937
finding that it is necessary for the protection of the public	74938
health and welfare to appropriate property that the board of	74939
county commissioners considers needed for that purpose. The	74940
resolution shall contain a definite, accurate, and detailed	74941
description of the property and the name and place of residence,	74942
if known or with reasonable diligence ascertainable, of the owners	74943
of the property to be appropriated.	74944

The board of county commissioners shall fix in its resolution	74945
what it considers to be the value of the property to be	74946
appropriated, which shall be the board's determination of the	74947
compensation for the property and shall be supported by an	74948
independent appraisal, together with any damages to the residue.	74949
The board shall deposit the compensation so determined, together	74950
with an amount for the damages to the residue, with the probate	74951
court or the court of common pleas of the county in which the	74952
property, or a part of it, is situated. Except as otherwise	74953
provided in this division, the power to appropriate property for	74954
the purposes of this division shall be exercised in the manner	74955
provided in sections 163.01 to 163.22 of the Revised Code for an	74956
appropriation in the time of public exigency. The board's	74957
resolution and a written copy of the independent appraisal shall	74958
accompany the petition filed under section 163.05 of the Revised	74959
Code.	74960

Sec. 6119.11. (A) Except as provided in division (B) of this	74961
section, the board of trustees of a regional water and sewer	74962
district may condemn for the use of the district any public or	74963
private land, easement, rights, rights-of-way, franchises, or	74964
other property within or without the district required by it for	74965
the accomplishment of its purposes according to the procedure set	74966
forth in sections 163.01 to 163.22 of the Revised Code.	74967

(B)(1) For the purposes of division (B) of this section,	74968
~~either~~any of the following constitutes a public exigency:	74969

(a) A finding by the director of environmental protection	74970
that a public health nuisance caused by an occasion of unavoidable	74971
urgency and suddenness due to unsanitary conditions compels the	74972
immediate construction of sewers for the protection of the public	74973
health and welfare;	74974

(b) The issuance of an order by the board of health of a	74975
health district to mitigate or abate a public health nuisance that	74976
is caused by an occasion of unavoidable urgency and suddenness due	74977
to unsanitary conditions and compels the immediate construction of	74978
sewers for the protection of the public health and welfare;	74979

(c) With respect to an affected parcel of property, an	74980
improvement required as a result of a federally imposed or	74981
state-imposed consent decree that prohibits future sewer inflows,	74982
combined sewer overflows, or sewer back-ups.	74983

(2) If the board of trustees of a regional water and sewer	74984
district is unable to purchase property for the purpose of ~~the~~	74985
~~construction of sewers to mitigate or abate the public health~~	74986
~~nuisance that is the subject of a finding of the director or an~~	74987
~~order of the board of health~~addressing a public exigency pursuant	74988
to division (B) of this section, the board of trustees may adopt a	74989
resolution finding that it is necessary for the protection of the	74990
public health and welfare to appropriate property that the board	74991
of trustees considers needed for that purpose. The resolution	74992
shall contain a definite, accurate, and detailed description of	74993
the property and the name and place of residence, if known or with	74994
reasonable diligence ascertainable, of the owners of the property	74995
to be appropriated.	74996

The board of trustees shall fix in its resolution what it	74997
considers to be the value of the property to be appropriated,	74998
which shall be the board's determination of the compensation for	74999
the property and shall be supported by an independent appraisal,	75000
together with any damages to the residue. The board shall deposit	75001
the compensation so determined, together with an amount for the	75002
damages to the residue, with the probate court or the court of	75003
common pleas of the county in which the property, or a part of it,	75004
is situated. Except as otherwise provided in this division, the	75005
power to appropriate property for the purposes of this division	75006
shall be exercised in the manner provided in sections 163.01 to	75007
163.22 of the Revised Code for an appropriation in the time of	75008
public exigency. The board's resolution and a written copy of the	75009
independent appraisal shall accompany the petition filed under	75010
section 163.05 of the Revised Code.	75011

Section 101.02. That existing sections 7.10, 7.16, 9.34,	75012
102.02, 103.05, 105.41, 107.54, 109.33, 109.57, 109.572, 109.801,	75013
119.032, 121.04, 121.08, 121.083, 121.084, 123.01, 123.011,	75014
123.024, 123.04, 123.07, 123.08, 123.09, 123.10, 123.101, 123.11,	75015
123.13, 123.14, 123.15, 123.152, 123.17, 123.21, 123.46, 123.47,	75016
123.48, 123.49, 123.77, 124.04, 124.06, 124.11, 124.12, 124.14,	75017
124.231, 124.241, 124.25, 124.26, 124.27, 124.30, 124.31, 125.082,	75018
125.14, 126.14, 135.35, 140.01, 140.03, 140.05, 140.08, 145.01,	75019
145.012, 149.43, 151.01, 152.18, 152.24, 153.01, 153.011, 153.013,	75020
153.02, 153.04, 153.06, 153.07, 153.08, 153.09, 153.11, 153.12,	75021
153.14, 153.16, 153.17, 153.502, 153.503, 153.53, 154.01, 167.04,	75022
173.14, 173.21, 173.23, 173.26, 173.27, 173.391, 173.394, 173.40,	75023
173.42, 173.45, 173.46, 185.01, 185.02, 185.03, 185.05, 185.06,	75024
185.07, 185.09, 185.12, 189.04, 189.05, 189.06, 189.08, 306.04,	75025
306.36, 306.55, 307.05, 307.051, 307.055, 313.121, 313.122,	75026
313.16, 329.01, 329.40, 329.41, 329.42, 329.43, 329.44, 329.45,	75027
329.46, 330.04, 339.091, 340.03, 340.05, 340.091, 505.37, 505.375,	75028
505.44, 505.72, 705.18, 749.04, 749.05, 749.18, 901.54, 924.51,	75029
955.16, 955.26, 991.02, 1121.23, 1155.03, 1163.05, 1315.141,	75030
1317.05, 1321.37, 1321.52, 1321.53, 1321.531, 1322.02, 1322.03,	75031
1322.031, 1345.05, 1501.04, 1502.01, 1502.02, 1502.03, 1502.04,	75032
1502.05, 1502.06, 1502.07, 1502.12, 1502.99, 1503.012, 1503.43,	75033
1506.42, 1509.071, 1533.10, 1541.26, 1551.33, 1555.02, 1555.03,	75034
1555.04, 1555.05, 1555.06, 1707.08, 1707.391, 1724.03, 1733.47,	75035
1751.01, 1751.02, 1751.13, 1761.26, 1901.06, 1901.18, 1907.13,	75036
1909.11, 1923.01, 1923.02, 1923.061, 1923.15, 2151.33, 2151.412,	75037
2151.86, 2152.121, 2152.22, 2301.01, 2301.27, 2301.271, 2301.571,	75038
2305.01, 2307.89, 2317.02, 2317.422, 2317.56, 2501.02, 2503.01,	75039
2743.02, 2743.10, 2746.01, 2901.01, 2903.33, 2907.29, 2909.21,	75040
2909.28, 2927.023, 2929.01, 2929.19, 2935.01, 2935.03, 2945.371,	75041
2945.38, 2945.39, 2945.40, 2945.401, 2961.22, 2967.03, 2967.05,	75042
2967.14, 2967.19, 2967.191, 2967.26, 2967.28, 2981.11, 2981.14,	75043
3109.14, 3125.41, 3301.55, 3304.16, 3304.181, 3304.182, 3305.01,	75044
3305.02, 3305.03, 3305.04, 3305.05, 3305.053, 3305.06, 3313.65,	75045
3313.71, 3313.976, 3313.978, 3313.979, 3318.034, 3318.08, 3318.10,	75046
3318.30, 3318.31, 3318.37, 3333.04, 3333.041, 3333.123, 3333.21,	75047
3333.60, 3333.61, 3333.71, 3333.72, 3334.08, 3345.16, 3345.28,	75048
3345.50, 3345.51, 3345.54, 3345.69, 3345.692, 3347.03, 3383.02,	75049
3383.07, 3517.20, 3701.021, 3701.023, 3701.024, 3701.025, 3701.03,	75050
3701.05, 3701.07, 3701.072, 3701.11, 3701.132, 3701.146, 3701.161,	75051
3701.20, 3701.201, 3701.21, 3701.221, 3701.23, 3701.232, 3701.24,	75052
3701.241, 3701.242, 3701.248, 3701.341, 3701.342, 3701.343,	75053
3701.344, 3701.345, 3701.347, 3701.352, 3701.40, 3701.503,	75054
3701.507, 3701.508, 3701.509, 3701.57, 3701.63, 3701.74, 3701.87,	75055
3701.881, 3702.141, 3702.31, 3702.51, 3702.52, 3702.522, 3702.523,	75056
3702.524, 3702.525, 3702.526, 3702.53, 3702.531, 3702.54, 3702.55,	75057
3702.56, 3702.57, 3702.59, 3702.592, 3702.593, 3702.594, 3702.60,	75058
3702.62, 3703.01, 3703.03, 3703.04, 3703.05, 3703.06, 3703.07,	75059
3703.08, 3703.10, 3703.21, 3703.99, 3704.035, 3705.24, 3705.242,	75060
3705.30, 3706.19, 3709.03, 3709.04, 3709.06, 3709.085, 3709.09,	75061
3709.092, 3709.32, 3709.35, 3710.01, 3710.02, 3710.04, 3710.05,	75062
3710.051, 3710.06, 3710.07, 3710.08, 3710.09, 3710.10, 3710.12,	75063
3710.13, 3710.17, 3711.04, 3711.06, 3711.08, 3711.12, 3711.21,	75064
3712.03, 3712.04, 3712.09, 3713.01, 3713.02, 3713.03, 3713.04,	75065
3713.05, 3713.06, 3713.07, 3713.08, 3713.09, 3713.10, 3714.073,	75066
3715.01, 3715.025, 3715.60, 3715.61, 3715.62, 3715.68, 3715.87,	75067
3716.01, 3716.03, 3717.01, 3717.04, 3717.05, 3717.07, 3717.45,	75068
3717.51, 3718.02, 3718.021, 3718.022, 3718.05, 3718.06, 3718.07,	75069
3718.09, 3721.01, 3721.011, 3721.02, 3721.03, 3721.032, 3721.04,	75070
3721.07, 3721.071, 3721.121, 3721.13, 3721.21, 3721.28, 3721.29,	75071
3721.50, 3721.51, 3723.06, 3723.07, 3723.09, 3725.02, 3727.01,	75072
3727.42, 3729.01, 3729.02, 3729.03, 3729.04, 3729.07, 3729.08,	75073
3730.10, 3733.02, 3733.021, 3733.022, 3733.024, 3733.025, 3733.03,	75074
3733.04, 3733.05, 3733.06, 3733.07, 3733.08, 3733.09, 3733.091,	75075
3733.10, 3733.101, 3733.11, 3733.12, 3733.121, 3733.122, 3733.123,	75076
3733.13, 3733.14, 3733.15, 3733.16, 3733.17, 3733.18, 3733.19,	75077
3733.20, 3733.41, 3733.42, 3734.01, 3734.131, 3734.15, 3734.51,	75078
3734.55, 3734.79, 3734.82, 3735.37, 3737.83, 3737.841, 3742.01,	75079
3742.02, 3742.03, 3742.04, 3742.05, 3742.30, 3742.31, 3742.32,	75080
3742.47, 3742.50, 3743.04, 3743.06, 3743.19, 3743.25, 3745.01,	75081
3745.11, 3745.112, 3748.04, 3748.05, 3748.07, 3748.10, 3748.12,	75082
3748.13, 3748.15, 3748.20, 3749.02, 3749.03, 3749.04, 3752.06,	75083
3770.06, 3781.03, 3781.06, 3781.102, 3781.11, 3781.112, 3783.05,	75084
3791.02, 3791.04, 3791.05, 3791.07, 3791.11, 3791.12, 3793.04,	75085
3793.09, 3905.36, 4104.01, 4104.02, 4104.06, 4104.07, 4104.08,	75086
4104.09, 4104.10, 4104.101, 4104.12, 4104.15, 4104.16, 4104.17,	75087
4104.18, 4104.19, 4104.21, 4104.33, 4104.42, 4104.43, 4104.44,	75088
4104.48, 4105.01, 4105.02, 4105.03, 4105.04, 4105.05, 4105.06,	75089
4105.09, 4105.11, 4105.12, 4105.13, 4105.15, 4105.16, 4105.17,	75090
4105.191, 4105.20, 4105.21, 4115.10, 4115.101, 4121.04, 4121.123,	75091
4121.30, 4123.20, 4123.35, 4123.54, 4123.57, 4141.35, 4163.07,	75092
4169.02, 4169.03, 4169.04, 4171.04, 4301.30, 4303.181, 4303.22,	75093
4313.02, 4501.01, 4501.06, 4501.271, 4503.031, 4503.061, 4503.062,	75094
4503.49, 4503.81, 4506.01, 4506.03, 4506.22, 4506.25, 4507.01,	75095
4507.011, 4507.12, 4507.51, 4508.02, 4510.037, 4510.038, 4511.191,	75096
4511.78, 4511.98, 4513.18, 4513.263, 4513.50, 4712.01, 4723.481,	75097
4730.42, 4731.052, 4731.22, 4735.01, 4735.02, 4735.052, 4735.10,	75098
4735.13, 4735.14, 4735.141, 4735.142, 4735.74, 4736.01, 4740.03,	75099
4740.11, 4740.14, 4743.05, 4763.05, 4765.02, 4765.03, 4765.04,	75100
4765.05, 4765.06, 4765.07, 4765.08, 4765.09, 4765.10, 4765.101,	75101
4765.102, 4765.11, 4765.111, 4765.112, 4765.113, 4765.114,	75102
4765.115, 4765.116, 4765.12, 4765.15, 4765.16, 4765.17, 4765.18,	75103
4765.22, 4765.23, 4765.28, 4765.29, 4765.30, 4765.31, 4765.32,	75104
4765.33, 4765.37, 4765.38, 4765.39, 4765.40, 4765.42, 4765.48,	75105
4765.49, 4765.55, 4765.56, 4766.01, 4766.03, 4766.04, 4766.05,	75106
4766.07, 4766.08, 4766.09, 4766.10, 4766.11, 4766.12, 4766.13,	75107
4766.15, 4766.22, 4773.08, 4781.01, 4781.02, 4781.04, 4781.07,	75108
4781.09, 4781.14, 4781.15, 4781.16, 4781.99, 4905.01, 4905.02,	75109
4905.03, 4905.05, 4905.06, 4905.402, 4905.54, 4905.57, 4905.58,	75110
4905.84, 4905.90, 4907.01, 4907.02, 4907.04, 4907.08, 4907.19,	75111
4907.28, 4907.35, 4907.37, 4907.43, 4907.49, 4907.57, 4907.59,	75112
4907.60, 4907.61, 4907.62, 4909.01, 4909.02, 4909.03, 4909.17,	75113
4909.22, 4909.24, 4909.28, 4911.01, 4927.01, 4929.01, 4929.02,	75114
4929.041, 4933.18, 4933.19, 4939.01, 4953.04, 4961.03, 4965.54,	75115
5101.01, 5101.46, 5101.60, 5101.61, 5101.97, 5104.012, 5104.013,	75116
5104.051, 5104.09, 5104.37, 5107.05, 5107.16, 5107.17, 5111.01,	75117
5111.013, 5111.014, 5111.0115, 5111.0120, 5111.031, 5111.032,	75118
5111.033, 5111.034, 5111.06, 5111.091, 5111.113, 5111.16,	75119
5111.161, 5111.171, 5111.20, 5111.222, 5111.23, 5111.242,	75120
5111.254, 5111.862, 5111.874, 5111.877, 5111.878, 5111.89,	75121
5111.894, 5111.941, 5111.97, 5112.31, 5112.33, 5112.341, 5112.37,	75122
5112.371, 5112.39, 5119.22, 5119.61, 5119.69, 5119.691, 5119.99,	75123
5120.036, 5120.105, 5120.132, 5120.66, 5122.31, 5123.01, 5123.033,	75124
5123.042, 5123.044, 5123.0412, 5123.0414, 5123.0415, 5123.081,	75125
5123.16, 5123.161, 5123.162, 5123.163, 5123.164, 5123.166,	75126
5123.169, 5123.171, 5123.19, 5123.31, 5123.38, 5123.41, 5123.50,	75127
5123.51, 5123.542, 5123.61, 5123.89, 5126.023, 5126.0220,	75128
5126.0221, 5126.043, 5126.046, 5126.055, 5126.13, 5126.15,	75129
5126.20, 5126.21, 5126.22, 5126.25, 5126.251, 5126.51, 5139.41,	75130
5139.43, 5149.311, 5155.14, 5501.04, 5501.07, 5502.01, 5502.011,	75131
5503.02, 5503.04, 5503.21, 5503.22, 5503.23, 5503.34, 5516.02,	75132
5516.06, 5701.13, 5703.05, 5705.08, 5705.19, 5705.25, 5705.28,	75133
5705.30, 5705.34, 5705.35, 5705.38, 5709.084, 5709.12, 5709.121,	75134
5709.212, 5709.43, 5709.62, 5709.63, 5709.632, 5709.73, 5709.75,	75135
5709.80, 5713.03, 5719.13, 5725.14, 5725.15, 5725.16, 5725.17,	75136
5725.22, 5725.221, 5731.39, 5733.064, 5739.01, 5739.02, 5743.03,	75137
5743.031, 5751.033, 5751.12, 6109.21, 6111.46, 6117.39, and	75138
6119.11 of the Revised Code are hereby repealed.	75139

Section 105.01. That sections 185.04, 185.08, 185.10,	75140
185.11, 2909.32, 2909.33, 2909.34, 3301.68, 3333.049, 3333.0411,	75141
3333.33, 3333.70, 3333.80, 3334.111, 3354.23, 3701.02, 3701.032,	75142
3701.12, 3701.33, 3701.34, 3701.35, 3702.521, 3702.5210,	75143
3702.5211, 3702.5212, 3702.5213, 3702.58, 3702.591, 3733.01,	75144
3733.031, 3745.111, 3781.183, 3791.043, 4113.11, 4121.18,	75145
4766.02, 4766.20, 4905.80, 4905.801, 4905.81, 4905.82, 4905.83,	75146
4919.75, 4919.76, 4919.77, 4919.78, 4919.79, 4919.99, 4921.01,	75147
4921.02, 4921.03, 4921.04, 4921.05, 4921.06, 4921.07, 4921.08,	75148
4921.09, 4921.10, 4921.101, 4921.11, 4921.12, 4921.13, 4921.14,	75149
4921.15, 4921.16, 4921.17, 4921.18, 4921.19, 4921.20, 4921.23,	75150
4921.24, 4921.25, 4921.26, 4921.27, 4921.28, 4921.30, 4921.31,	75151
4921.32, 4921.35, 4921.36, 4921.37, 4921.38, 4921.39, 4921.40,	75152
4921.99, 4923.01, 4923.02, 4923.03, 4923.04, 4923.05, 4923.06,	75153
4923.07, 4923.08, 4923.09, 4923.10, 4923.11, 4923.12, 4923.13,	75154
4923.14, 4923.17, 4923.20, 4923.26, 4923.99, 5111.651,	75155
5119.614, 5119.692, 5119.693, 5119.70, 5119.701, 5119.71,	75156
5119.711, 5119.712, 5119.72, 5119.73, 5119.731, 5119.74, 5119.75,	75157
5119.76, 5119.77, 5119.78, 5119.79, 5119.80, 5119.81, 5119.82,	75158
5119.83, 5119.84, 5119.85, 5119.86, 5119.87, 5119.88, 5123.082,	75159
5123.083, 5123.192, 5126.0222, 5126.252, 5126.26, 5126.27,	75160
5126.28, 5126.281, 5126.29, and 5501.09 of the Revised Code are	75161
hereby repealed.	75162

Section 105.10. Section 3356.10 of the Revised Code is hereby	75163
repealed, effective five years after the effective date of that	75164
section.	75165

Section 110.10. That the version of section 5122.31 of the	75166
Revised Code that is scheduled to take effect on October 1, 2012,	75167
be amended to read as follows:	75168

Sec. 5122.31. (A) All certificates, applications, records,	75169
and reports made for the purpose of this chapter and sections	75170
2945.38, 2945.39, 2945.40, 2945.401, and 2945.402 of the Revised	75171
Code, other than court journal entries or court docket entries,	75172
and directly or indirectly identifying a patient or former patient	75173
or person whose hospitalization has been sought under this	75174
chapter, shall be kept confidential and shall not be disclosed by	75175
any person except:	75176

(1) If the person identified, or the person's legal guardian,	75177
if any, or if the person is a minor, the person's parent or legal	75178
guardian, consents, and if the disclosure is in the best interests	75179
of the person, as may be determined by the court for judicial	75180
records and by the chief clinical officer for medical records;	75181

(2) When disclosure is provided for in this chapter or	75182
section 5123.601 of the Revised Code;	75183

(3) That hospitals, boards of alcohol, drug addiction, and	75184
mental health services, and community mental health agencies may	75185
release necessary medical information to insurers and other	75186
third-party payers, including government entities responsible for	75187
processing and authorizing payment, to obtain payment for goods	75188
and services furnished to the patient;	75189

(4) Pursuant to a court order signed by a judge;

75190

(5) That a patient shall be granted access to the patient's	75191
own psychiatric and medical records, unless access specifically is	75192
restricted in a patient's treatment plan for clear treatment	75193
reasons;	75194

(6) That hospitals and other institutions and facilities	75195
within the department of mental health may exchange psychiatric	75196
records and other pertinent information with other hospitals,	75197
institutions, and facilities of the department, and with community	75198
mental health agencies and boards of alcohol, drug addiction, and	75199
mental health services with which the department has a current	75200
agreement for patient care or services. Records and information	75201
that may be released pursuant to this division shall be limited to	75202
medication history, physical health status and history, financial	75203
status, summary of course of treatment in the hospital, summary of	75204
treatment needs, and a discharge summary, if any.	75205

(7) That hospitals within the department, other institutions	75206
and facilities within the department, hospitals licensed by the	75207
department under section 5119.20 of the Revised Code, and	75208
community mental health agencies may exchange psychiatric records	75209
and other pertinent information with payers and other providers of	75210
treatment and health services if the purpose of the exchange is to	75211
facilitate continuity of care for a patient;	75212

(8) That a patient's family member who is involved in the	75213
provision, planning, and monitoring of services to the patient may	75214
receive medication information, a summary of the patient's	75215
diagnosis and prognosis, and a list of the services and personnel	75216
available to assist the patient and the patient's family, if the	75217
patient's treating physician determines that the disclosure would	75218
be in the best interests of the patient. No such disclosure shall	75219
be made unless the patient is notified first and receives the	75220
information and does not object to the disclosure.	75221

(9) That community mental health agencies may exchange	75222
psychiatric records and certain other information with the board	75223
of alcohol, drug addiction, and mental health services and other	75224
agencies in order to provide services to a person involuntarily	75225
committed to a board. Release of records under this division shall	75226
be limited to medication history, physical health status and	75227
history, financial status, summary of course of treatment, summary	75228
of treatment needs, and discharge summary, if any.	75229

(10) That information may be disclosed to the executor or the	75230
administrator of an estate of a deceased patient when the	75231
information is necessary to administer the estate;	75232

(11) That records in the possession of the Ohio historical	75233
society may be released to the closest living relative of a	75234
deceased patient upon request of that relative;	75235

(12) That information may be disclosed to staff members of	75236
the appropriate board or to staff members designated by the	75237
director of mental health for the purpose of evaluating the	75238
quality, effectiveness, and efficiency of services and determining	75239
if the services meet minimum standards. Information obtained	75240
during such evaluations shall not be retained with the name of any	75241
patient.	75242

(13) That records pertaining to the patient's diagnosis,	75243
course of treatment, treatment needs, and prognosis shall be	75244
disclosed and released to the appropriate prosecuting attorney if	75245
the patient was committed pursuant to section 2945.38, 2945.39,	75246
2945.40, 2945.401, or 2945.402 of the Revised Code, or to the	75247
attorney designated by the board for proceedings pursuant to	75248
involuntary commitment under this chapter.	75249

(14) That the department of mental health may exchange	75250
psychiatric hospitalization records, other mental health treatment	75251
records, and other pertinent information with the department of	75252
rehabilitation and correction to ensure continuity of care for	75253
inmates who are receiving mental health services in an institution	75254
of the department of rehabilitation and correction. The department	75255
shall not disclose those records unless the inmate is notified,	75256
receives the information, and does not object to the disclosure.	75257
The release of records under this division is limited to records	75258
regarding an inmate's medication history, physical health status	75259
and history, summary of course of treatment, summary of treatment	75260
needs, and a discharge summary, if any.	75261

(15) That a community mental health agency that ceases to	75262
operate may transfer to either a community mental health agency	75263
that assumes its caseload or to the board of alcohol, drug	75264
addiction, and mental health services of the service district in	75265
which the patient resided at the time services were most recently	75266
provided any treatment records that have not been transferred	75267
elsewhere at the patient's request.	75268

(B) Before records are disclosed pursuant to divisions	75269
(A)(3), (6), ~~(7),~~ and (9) of this section, the custodian of the	75270
records shall attempt to obtain the patient's consent for the	75271
disclosure. No person shall reveal the contents of a medical	75272
record of a patient except as authorized by law.	75273

(C) The managing officer of a hospital who releases necessary	75274
medical information under division (A)(3) of this section to allow	75275
an insurance carrier or other third party payor to comply with	75276
section 5121.43 of the Revised Code shall neither be subject to	75277
criminal nor civil liability.	75278

Section 110.11. That the existing version of section 5122.31	75279
of the Revised Code that is scheduled to take effect on October 1,	75280
2012, is hereby repealed.	75281

Section 110.12. Sections 110.10 and 110.11 of this act take	75282
effect October 1, 2012.	75283

Section 110.20. That the version of section 5123.19 of the	75284
Revised Code that is scheduled to take effect on October 1, 2012,	75285
be amended to read as follows:	75286

Sec. 5123.19. (A) As used in ~~this section and in~~ sections	75287
~~5123.191, 5123.194, 5123.196, 5123.197, 5123.198, and~~5123.19 to	75288
5123.20 of the Revised Code:	75289

(1)~~(a) "Residential facility" means a home or facility in~~	75290
~~which a mentally retarded or developmentally disabled person~~	75291
~~resides, except the home of a relative or legal guardian in which~~	75292
~~a mentally retarded or developmentally disabled person resides, a~~	75293
~~respite care home certified under section 5126.05 of the Revised~~	75294
~~Code, a county home or district home operated pursuant to Chapter~~	75295
~~5155. of the Revised Code, or a dwelling in which the only~~	75296
~~mentally retarded or developmentally disabled residents are in an~~	75297
~~independent living arrangement or are being provided supported~~	75298
~~living.~~	75299

~~(b) "Intermediate care facility for the mentally retarded"~~	75300
~~means a residential facility that is considered an intermediate~~	75301
~~care facility for the mentally retarded for the purposes of~~	75302
~~Chapter 5111. of the Revised Code.~~	75303

~~(2) "Political subdivision" means a municipal corporation,~~	75304
~~county, or township.~~	75305

~~(3)~~ "Independent living arrangement" means an arrangement in	75306
which a mentally retarded or developmentally disabled person	75307
resides in an individualized setting chosen by the person or the	75308
person's guardian, which is not dedicated principally to the	75309
provision of residential services for mentally retarded or	75310
developmentally disabled persons, and for which no financial	75311
support is received for rendering such service from any	75312
governmental agency by a provider of residential services.	75313

~~(4)~~(2) "Intermediate care facility for the mentally retarded"	75314
has the same meaning as in section 1905(d) of the "Social Security	75315
Act," 101 Stat. 1330-204 (1987), 42 U.S.C. 1396d(d), as amended.	75316

(3) "Licensee" means the person or government agency that has	75317
applied for a license to operate a residential facility and to	75318
which the license was issued under this section.	75319

(4) "Political subdivision" means a municipal corporation,	75320
county, or township.	75321

(5) "Related party" has the same meaning as in section	75322
5123.16 of the Revised Code except that "provider" as used in the	75323
definition of "related party" means a person or government entity	75324
that held or applied for a license to operate a residential	75325
facility, rather than a person or government entity certified to	75326
provide supported living.	75327

(6)(a) Except as provided in division (A)(6)(b) of this	75328
section, "residential facility" means a home or facility,	75329
including a facility certified as an intermediate care facility	75330
for the mentally retarded, in which an individual with mental	75331
retardation or a developmental disability resides.	75332

(b) "Residential facility" does not mean any of the	75333
following:	75334

(i) The home of a relative or legal guardian in which an	75335
individual with mental retardation or a developmental disability	75336
resides;	75337

(ii) A respite care home certified under section 5126.05 of	75338
the Revised Code;	75339

(iii) A county home or district home operated pursuant to	75340
Chapter 5155. of the Revised Code;	75341

(iv) A dwelling in which the only residents with mental	75342
retardation or developmental disabilities are in independent	75343
living arrangements or are being provided supported living.	75344

(B) Every person or government agency desiring to operate a	75345
residential facility shall apply for licensure of the facility to	75346
the director of developmental disabilities unless the residential	75347
facility is subject to section 3721.02, ~~5119.73,~~ 5103.03, or	75348
5119.20, or division (A)(9)(b) of section 5119.22 of the Revised	75349
Code. ~~Notwithstanding Chapter 3721. of the Revised Code, a nursing~~	75350
~~home that is certified as an intermediate care facility for the~~	75351
~~mentally retarded under Title XIX of the "Social Security Act," 79~~	75352
~~Stat. 286 (1965), 42 U.S.C.A. 1396, as amended, shall apply for~~	75353
~~licensure of the portion of the home that is certified as an~~	75354
~~intermediate care facility for the mentally retarded.~~	75355

(C) Subject to section 5123.196 of the Revised Code, the	75356
director of developmental disabilities shall license the operation	75357
of residential facilities. An initial license shall be issued for	75358
a period that does not exceed one year, unless the director denies	75359
the license under division (D) of this section. A license shall be	75360
renewed for a period that does not exceed three years, unless the	75361
director refuses to renew the license under division (D) of this	75362
section. The director, when issuing or renewing a license, shall	75363
specify the period for which the license is being issued or	75364
renewed. A license remains valid for the length of the licensing	75365
period specified by the director, unless the license is	75366
terminated, revoked, or voluntarily surrendered.	75367

(D) If it is determined that an applicant or licensee is not	75368
in compliance with a provision of this chapter that applies to	75369
residential facilities or the rules adopted under such a	75370
provision, the director may deny issuance of a license, refuse to	75371
renew a license, terminate a license, revoke a license, issue an	75372
order for the suspension of admissions to a facility, issue an	75373
order for the placement of a monitor at a facility, issue an order	75374
for the immediate removal of residents, or take any other action	75375
the director considers necessary consistent with the director's	75376
authority under this chapter regarding residential facilities. In	75377
the director's selection and administration of the sanction to be	75378
imposed, all of the following apply:	75379

(1) The director may deny, refuse to renew, or revoke a	75380
license, if the director determines that the applicant or licensee	75381
has demonstrated a pattern of serious noncompliance or that a	75382
violation creates a substantial risk to the health and safety of	75383
residents of a residential facility.	75384

(2) The director may terminate a license if more than twelve	75385
consecutive months have elapsed since the residential facility was	75386
last occupied by a resident or a notice required by division (K)	75387
of this section is not given.	75388

(3) The director may issue an order for the suspension of	75389
admissions to a facility for any violation that may result in	75390
sanctions under division (D)(1) of this section and for any other	75391
violation specified in rules adopted under division (H)(2) of this	75392
section. If the suspension of admissions is imposed for a	75393
violation that may result in sanctions under division (D)(1) of	75394
this section, the director may impose the suspension before	75395
providing an opportunity for an adjudication under Chapter 119. of	75396
the Revised Code. The director shall lift an order for the	75397
suspension of admissions when the director determines that the	75398
violation that formed the basis for the order has been corrected.	75399

(4) The director may order the placement of a monitor at a	75400
residential facility for any violation specified in rules adopted	75401
under division (H)(2) of this section. The director shall lift the	75402
order when the director determines that the violation that formed	75403
the basis for the order has been corrected.	75404

(5) If the director determines that two or more residential	75405
facilities owned or operated by the same person or government	75406
entity are not being operated in compliance with a provision of	75407
this chapter that applies to residential facilities or the rules	75408
adopted under such a provision, and the director's findings are	75409
based on the same or a substantially similar action, practice,	75410
circumstance, or incident that creates a substantial risk to the	75411
health and safety of the residents, the director shall conduct a	75412
survey as soon as practicable at each residential facility owned	75413
or operated by that person or government entity. The director may	75414
take any action authorized by this section with respect to any	75415
facility found to be operating in violation of a provision of this	75416
chapter that applies to residential facilities or the rules	75417
adopted under such a provision.	75418

(6) When the director initiates license revocation	75419
proceedings, no opportunity for submitting a plan of correction	75420
shall be given. The director shall notify the licensee by letter	75421
of the initiation of the proceedings. The letter shall list the	75422
deficiencies of the residential facility and inform the licensee	75423
that no plan of correction will be accepted. The director shall	75424
also send a copy of the letter to the county board of	75425
developmental disabilities. The county board shall send a copy of	75426
the letter to each of the following:	75427

(a) Each resident who receives services from the licensee;

75428

(b) The guardian of each resident who receives services from	75429
the licensee if the resident has a guardian;	75430

(c) The parent or guardian of each resident who receives	75431
services from the licensee if the resident is a minor.	75432

(7) Pursuant to rules which shall be adopted in accordance	75433
with Chapter 119. of the Revised Code, the director may order the	75434
immediate removal of residents from a residential facility	75435
whenever conditions at the facility present an immediate danger of	75436
physical or psychological harm to the residents.	75437

(8) In determining whether a residential facility is being	75438
operated in compliance with a provision of this chapter that	75439
applies to residential facilities or the rules adopted under such	75440
a provision, or whether conditions at a residential facility	75441
present an immediate danger of physical or psychological harm to	75442
the residents, the director may rely on information obtained by a	75443
county board of developmental disabilities or other governmental	75444
agencies.	75445

(9) In proceedings initiated to deny, refuse to renew, or	75446
revoke licenses, the director may deny, refuse to renew, or revoke	75447
a license regardless of whether some or all of the deficiencies	75448
that prompted the proceedings have been corrected at the time of	75449
the hearing.	75450

(E) The director shall establish a program under which public	75451
notification may be made when the director has initiated license	75452
revocation proceedings or has issued an order for the suspension	75453
of admissions, placement of a monitor, or removal of residents.	75454
The director shall adopt rules in accordance with Chapter 119. of	75455
the Revised Code to implement this division. The rules shall	75456
establish the procedures by which the public notification will be	75457
made and specify the circumstances for which the notification must	75458
be made. The rules shall require that public notification be made	75459
if the director has taken action against the facility in the	75460
eighteen-month period immediately preceding the director's latest	75461
action against the facility and the latest action is being taken	75462
for the same or a substantially similar violation of a provision	75463
of this chapter that applies to residential facilities or the	75464
rules adopted under such a provision. The rules shall specify a	75465
method for removing or amending the public notification if the	75466
director's action is found to have been unjustified or the	75467
violation at the residential facility has been corrected.	75468

(F)(1) Except as provided in division (F)(2) of this section,	75469
appeals from proceedings initiated to impose a sanction under	75470
division (D) of this section shall be conducted in accordance with	75471
Chapter 119. of the Revised Code.	75472

(2) Appeals from proceedings initiated to order the	75473
suspension of admissions to a facility shall be conducted in	75474
accordance with Chapter 119. of the Revised Code, unless the order	75475
was issued before providing an opportunity for an adjudication, in	75476
which case all of the following apply:	75477

(a) The licensee may request a hearing not later than ten	75478
days after receiving the notice specified in section 119.07 of the	75479
Revised Code.	75480

(b) If a timely request for a hearing that includes the	75481
licensee's current address is made, the hearing shall commence not	75482
later than thirty days after the department receives the request.	75483

(c) After commencing, the hearing shall continue	75484
uninterrupted, except for Saturdays, Sundays, and legal holidays,	75485
unless other interruptions are agreed to by the licensee and the	75486
director.	75487

(d) If the hearing is conducted by a hearing examiner, the	75488
hearing examiner shall file a report and recommendations not later	75489
than ten days after the last of the following:	75490

(i) The close of the hearing;

75491

(ii) If a transcript of the proceedings is ordered, the	75492
hearing examiner receives the transcript;	75493

(iii) If post-hearing briefs are timely filed, the hearing	75494
examiner receives the briefs.	75495

(e) A copy of the written report and recommendation of the	75496
hearing examiner shall be sent, by certified mail, to the licensee	75497
and the licensee's attorney, if applicable, not later than five	75498
days after the report is filed.	75499

(f) Not later than five days after the hearing examiner files	75500
the report and recommendations, the licensee may file objections	75501
to the report and recommendations.	75502

(g) Not later than fifteen days after the hearing examiner	75503
files the report and recommendations, the director shall issue an	75504
order approving, modifying, or disapproving the report and	75505
recommendations.	75506

(h) Notwithstanding the pendency of the hearing, the director	75507
shall lift the order for the suspension of admissions when the	75508
director determines that the violation that formed the basis for	75509
the order has been corrected.	75510

(G) Neither a person or government agency whose application	75511
for a license to operate a residential facility is denied nor a	75512
related party of the person or government agency may apply for a	75513
license to operate a residential facility before the date that is	75514
one year after the date of the denial. Neither a licensee whose	75515
residential facility license is revoked nor a related party of the	75516
licensee may apply for a residential facility license before the	75517
date that is five years after the date of the revocation.	75518

(H) In accordance with Chapter 119. of the Revised Code, the	75519
director shall adopt and may amend and rescind rules for licensing	75520
and regulating the operation of residential facilities~~, including~~	75521
~~intermediate care facilities for the mentally retarded~~. The rules	75522
for residential facilities that are intermediate care facilities	75523
for the mentally retarded may differ from those for other	75524
residential facilities. The rules shall establish and specify the	75525
following:	75526

(1) Procedures and criteria for issuing and renewing	75527
licenses, including procedures and criteria for determining the	75528
length of the licensing period that the director must specify for	75529
each license when it is issued or renewed;	75530

(2) Procedures and criteria for denying, refusing to renew,	75531
terminating, and revoking licenses and for ordering the suspension	75532
of admissions to a facility, placement of a monitor at a facility,	75533
and the immediate removal of residents from a facility;	75534

(3) Fees for issuing and renewing licenses, which shall be	75535
deposited into the program fee fund created under section 5123.033	75536
of the Revised Code;	75537

(4) Procedures for surveying residential facilities;

75538

(5) Requirements for the training of residential facility	75539
personnel;	75540

(6) Classifications for the various types of residential	75541
facilities;	75542

(7) Certification procedures for licensees and management	75543
contractors that the director determines are necessary to ensure	75544
that they have the skills and qualifications to properly operate	75545
or manage residential facilities;	75546

(8) The maximum number of persons who may be served in a	75547
particular type of residential facility;	75548

(9) Uniform procedures for admission of persons to and	75549
transfers and discharges of persons from residential facilities;	75550

(10) Other standards for the operation of residential	75551
facilities and the services provided at residential facilities;	75552

(11) Procedures for waiving any provision of any rule adopted	75553
under this section.	75554

(I) Before issuing a license, the director of the department	75555
or the director's designee shall conduct a survey of the	75556
residential facility for which application is made. The director	75557
or the director's designee shall conduct a survey of each licensed	75558
residential facility at least once during the period the license	75559
is valid and may conduct additional inspections as needed. A	75560
survey includes but is not limited to an on-site examination and	75561
evaluation of the residential facility, its personnel, and the	75562
services provided there.	75563

In conducting surveys, the director or the director's	75564
designee shall be given access to the residential facility; all	75565
records, accounts, and any other documents related to the	75566
operation of the facility; the licensee; the residents of the	75567
facility; and all persons acting on behalf of, under the control	75568
of, or in connection with the licensee. The licensee and all	75569
persons on behalf of, under the control of, or in connection with	75570
the licensee shall cooperate with the director or the director's	75571
designee in conducting the survey.	75572

Following each survey, unless the director initiates a	75573
license revocation proceeding, the director or the director's	75574
designee shall provide the licensee with a report listing any	75575
deficiencies, specifying a timetable within which the licensee	75576
shall submit a plan of correction describing how the deficiencies	75577
will be corrected, and, when appropriate, specifying a timetable	75578
within which the licensee must correct the deficiencies. After a	75579
plan of correction is submitted, the director or the director's	75580
designee shall approve or disapprove the plan. A copy of the	75581
report and any approved plan of correction shall be provided to	75582
any person who requests it.	75583

The director shall initiate disciplinary action against any	75584
department employee who notifies or causes the notification to any	75585
unauthorized person of an unannounced survey of a residential	75586
facility by an authorized representative of the department.	75587

(J) In addition to any other information which may be	75588
required of applicants for a license pursuant to this section, the	75589
director shall require each applicant to provide a copy of an	75590
approved plan for a proposed residential facility pursuant to	75591
section 5123.042 of the Revised Code. This division does not apply	75592
to renewal of a license or to an applicant for an initial or	75593
modified license who meets the requirements of section ~~5123.193 or~~	75594
5123.197 of the Revised Code.	75595

(K) A licensee shall notify the owner of the building in	75596
which the licensee's residential facility is located of any	75597
significant change in the identity of the licensee or management	75598
contractor before the effective date of the change if the licensee	75599
is not the owner of the building.	75600

Pursuant to rules which shall be adopted in accordance with	75601
Chapter 119. of the Revised Code, the director may require	75602
notification to the department of any significant change in the	75603
ownership of a residential facility or in the identity of the	75604
licensee or management contractor. If the director determines that	75605
a significant change of ownership is proposed, the director shall	75606
consider the proposed change to be an application for development	75607
by a new operator pursuant to section 5123.042 of the Revised Code	75608
and shall advise the applicant within sixty days of the	75609
notification that the current license shall continue in effect or	75610
a new license will be required pursuant to this section. If the	75611
director requires a new license, the director shall permit the	75612
facility to continue to operate under the current license until	75613
the new license is issued, unless the current license is revoked,	75614
refused to be renewed, or terminated in accordance with Chapter	75615
119. of the Revised Code.	75616

(L) A county board of developmental disabilities and any	75617
interested person may file complaints alleging violations of	75618
statute or department rule relating to residential facilities with	75619
the department. All complaints shall be in writing and shall state	75620
the facts constituting the basis of the allegation. The department	75621
shall not reveal the source of any complaint unless the	75622
complainant agrees in writing to waive the right to	75623
confidentiality or until so ordered by a court of competent	75624
jurisdiction.	75625

The department shall adopt rules in accordance with Chapter	75626
119. of the Revised Code establishing procedures for the receipt,	75627
referral, investigation, and disposition of complaints filed with	75628
the department under this division.	75629

(M) The department shall establish procedures for the	75630
notification of interested parties of the transfer or interim care	75631
of residents from residential facilities that are closing or are	75632
losing their license.	75633

(N) Before issuing a license under this section to a	75634
residential facility that will accommodate at any time more than	75635
one mentally retarded or developmentally disabled individual, the	75636
director shall, by first class mail, notify the following:	75637

(1) If the facility will be located in a municipal	75638
corporation, the clerk of the legislative authority of the	75639
municipal corporation;	75640

(2) If the facility will be located in unincorporated	75641
territory, the clerk of the appropriate board of county	75642
commissioners and the fiscal officer of the appropriate board of	75643
township trustees.	75644

The director shall not issue the license for ten days after	75645
mailing the notice, excluding Saturdays, Sundays, and legal	75646
holidays, in order to give the notified local officials time in	75647
which to comment on the proposed issuance.	75648

Any legislative authority of a municipal corporation, board	75649
of county commissioners, or board of township trustees that	75650
receives notice under this division of the proposed issuance of a	75651
license for a residential facility may comment on it in writing to	75652
the director within ten days after the director mailed the notice,	75653
excluding Saturdays, Sundays, and legal holidays. If the director	75654
receives written comments from any notified officials within the	75655
specified time, the director shall make written findings	75656
concerning the comments and the director's decision on the	75657
issuance of the license. If the director does not receive written	75658
comments from any notified local officials within the specified	75659
time, the director shall continue the process for issuance of the	75660
license.	75661

(O) Any person may operate a licensed residential facility	75662
that provides room and board, personal care, habilitation	75663
services, and supervision in a family setting for at least six but	75664
not more than eight persons with mental retardation or a	75665
developmental disability as a permitted use in any residential	75666
district or zone, including any single-family residential district	75667
or zone, of any political subdivision. These residential	75668
facilities may be required to comply with area, height, yard, and	75669
architectural compatibility requirements that are uniformly	75670
imposed upon all single-family residences within the district or	75671
zone.	75672

(P) Any person may operate a licensed residential facility	75673
that provides room and board, personal care, habilitation	75674
services, and supervision in a family setting for at least nine	75675
but not more than sixteen persons with mental retardation or a	75676
developmental disability as a permitted use in any multiple-family	75677
residential district or zone of any political subdivision, except	75678
that a political subdivision that has enacted a zoning ordinance	75679
or resolution establishing planned unit development districts may	75680
exclude these residential facilities from those districts, and a	75681
political subdivision that has enacted a zoning ordinance or	75682
resolution may regulate these residential facilities in	75683
multiple-family residential districts or zones as a conditionally	75684
permitted use or special exception, in either case, under	75685
reasonable and specific standards and conditions set out in the	75686
zoning ordinance or resolution to:	75687

(1) Require the architectural design and site layout of the	75688
residential facility and the location, nature, and height of any	75689
walls, screens, and fences to be compatible with adjoining land	75690
uses and the residential character of the neighborhood;	75691

(2) Require compliance with yard, parking, and sign	75692
regulation;	75693

(3) Limit excessive concentration of these residential	75694
facilities.	75695

(Q) This section does not prohibit a political subdivision	75696
from applying to residential facilities nondiscriminatory	75697
regulations requiring compliance with health, fire, and safety	75698
regulations and building standards and regulations.	75699

(R) Divisions (O) and (P) of this section are not applicable	75700
to municipal corporations that had in effect on June 15, 1977, an	75701
ordinance specifically permitting in residential zones licensed	75702
residential facilities by means of permitted uses, conditional	75703
uses, or special exception, so long as such ordinance remains in	75704
effect without any substantive modification.	75705

(S)(1) The director may issue an interim license to operate a	75706
residential facility to an applicant for a license under this	75707
section if either of the following is the case:	75708

(a) The director determines that an emergency exists	75709
requiring immediate placement of persons in a residential	75710
facility, that insufficient licensed beds are available, and that	75711
the residential facility is likely to receive a permanent license	75712
under this section within thirty days after issuance of the	75713
interim license.	75714

(b) The director determines that the issuance of an interim	75715
license is necessary to meet a temporary need for a residential	75716
facility.	75717

(2) To be eligible to receive an interim license, an	75718
applicant must meet the same criteria that must be met to receive	75719
a permanent license under this section, except for any differing	75720
procedures and time frames that may apply to issuance of a	75721
permanent license.	75722

(3) An interim license shall be valid for thirty days and may	75723
be renewed by the director for a period not to exceed one hundred	75724
fifty days.	75725

(4) The director shall adopt rules in accordance with Chapter	75726
119. of the Revised Code as the director considers necessary to	75727
administer the issuance of interim licenses.	75728

(T) Notwithstanding rules adopted pursuant to this section	75729
establishing the maximum number of persons who may be served in a	75730
particular type of residential facility, a residential facility	75731
shall be permitted to serve the same number of persons being	75732
served by the facility on the effective date of the rules or the	75733
number of persons for which the facility is authorized pursuant to	75734
a current application for a certificate of need with a letter of	75735
support from the department of developmental disabilities and	75736
which is in the review process prior to April 4, 1986.	75737

(U) The director or the director's designee may enter at any	75738
time, for purposes of investigation, any home, facility, or other	75739
structure that has been reported to the director or that the	75740
director has reasonable cause to believe is being operated as a	75741
residential facility without a license issued under this section.	75742

The director may petition the court of common pleas of the	75743
county in which an unlicensed residential facility is located for	75744
an order enjoining the person or governmental agency operating the	75745
facility from continuing to operate without a license. The court	75746
may grant the injunction on a showing that the person or	75747
governmental agency named in the petition is operating a	75748
residential facility without a license. The court may grant the	75749
injunction, regardless of whether the residential facility meets	75750
the requirements for receiving a license under this section.	75751

Section 110.21. That the existing version of section 5123.19	75752
of the Revised Code that is scheduled to take effect on October 1,	75753
2012, is hereby repealed.	75754

Section 110.22. Sections 110.20 and 110.21 of this act take	75755
effect October 1, 2012.	75756

Section 110.30. That the version of section 5123.61 of the	75757
Revised Code that is scheduled to take effect on October 1, 2012,	75758
be amended to read as follows:	75759

Sec. 5123.61. (A) As used in this section:

75760

(1) "Law enforcement agency" means the state highway patrol,	75761
the police department of a municipal corporation, or a county	75762
sheriff.	75763

(2) "Abuse" has the same meaning as in section 5123.50 of the	75764
Revised Code, except that it includes a misappropriation, as	75765
defined in that section.	75766

(3) "Neglect" has the same meaning as in section 5123.50 of	75767
the Revised Code.	75768

(B) The department of developmental disabilities shall	75769
establish a registry office for the purpose of maintaining reports	75770
of abuse, neglect, and other major unusual incidents made to the	75771
department under this section and reports received from county	75772
boards of developmental disabilities under section 5126.31 of the	75773
Revised Code. The department shall establish committees to review	75774
reports of abuse, neglect, and other major unusual incidents.	75775

(C)(1) Any person listed in division (C)(2) of this section,	75776
having reason to believe that a person with mental retardation or	75777
a developmental disability has suffered or faces a substantial	75778
risk of suffering any wound, injury, disability, or condition of	75779
such a nature as to reasonably indicate abuse or neglect of that	75780
person, shall immediately report or cause reports to be made of	75781
such information to the entity specified in this division. Except	75782
as provided in section 5120.173 of the Revised Code or as	75783
otherwise provided in this division, the person making the report	75784
shall make it to a law enforcement agency or to the county board	75785
of developmental disabilities. If the report concerns a resident	75786
of a facility operated by the department of developmental	75787
disabilities the report shall be made either to a law enforcement	75788
agency or to the department. If the report concerns any act or	75789
omission of an employee of a county board of developmental	75790
disabilities, the report immediately shall be made to the	75791
department and to the county board.	75792

(2) All of the following persons are required to make a	75793
report under division (C)(1) of this section:	75794

(a) Any physician, including a hospital intern or resident,	75795
any dentist, podiatrist, chiropractor, practitioner of a limited	75796
branch of medicine as specified in section 4731.15 of the Revised	75797
Code, hospital administrator or employee of a hospital, nurse	75798
licensed under Chapter 4723. of the Revised Code, employee of an	75799
ambulatory health facility as defined in section 5101.61 of the	75800
Revised Code, employee of a home health agency, employee of an	75801
~~adult care~~a residential facility licensed under ~~Chapter 3722.~~	75802
section 5119.22 of the Revised Code that provides accommodations,	75803
supervision, and person care services for three to sixteen	75804
unrelated adults, or employee of a community mental health	75805
facility;	75806

(b) Any school teacher or school authority, social worker,	75807
psychologist, attorney, peace officer, coroner, or residents'	75808
rights advocate as defined in section 3721.10 of the Revised Code;	75809

(c) A superintendent, board member, or employee of a county	75810
board of developmental disabilities; an administrator, board	75811
member, or employee of a residential facility licensed under	75812
section 5123.19 of the Revised Code; an administrator, board	75813
member, or employee of any other public or private provider of	75814
services to a person with mental retardation or a developmental	75815
disability, or any MR/DD employee, as defined in section 5123.50	75816
of the Revised Code;	75817

(d) A member of a citizen's advisory council established at	75818
an institution or branch institution of the department of	75819
developmental disabilities under section 5123.092 of the Revised	75820
Code;	75821

(e) A ~~clergyman~~member of the clergy who is employed in a	75822
position that includes providing specialized services to an	75823
individual with mental retardation or another developmental	75824
disability, while acting in an official or professional capacity	75825
in that position, or a person who is employed in a position that	75826
includes providing specialized services to an individual with	75827
mental retardation or another developmental disability and who,	75828
while acting in an official or professional capacity, renders	75829
spiritual treatment through prayer in accordance with the tenets	75830
of an organized religion.	75831

(3)(a) The reporting requirements of this division do not	75832
apply to employees of the Ohio protection and advocacy system.	75833

(b) An attorney or physician is not required to make a report	75834
pursuant to division (C)(1) of this section concerning any	75835
communication the attorney or physician receives from a client or	75836
patient in an attorney-client or physician-patient relationship,	75837
if, in accordance with division (A) or (B) of section 2317.02 of	75838
the Revised Code, the attorney or physician could not testify with	75839
respect to that communication in a civil or criminal proceeding,	75840
except that the client or patient is deemed to have waived any	75841
testimonial privilege under division (A) or (B) of section 2317.02	75842
of the Revised Code with respect to that communication and the	75843
attorney or physician shall make a report pursuant to division	75844
(C)(1) of this section, if both of the following apply:	75845

(i) The client or patient, at the time of the communication,	75846
is a person with mental retardation or a developmental disability.	75847

(ii) The attorney or physician knows or suspects, as a result	75848
of the communication or any observations made during that	75849
communication, that the client or patient has suffered or faces a	75850
substantial risk of suffering any wound, injury, disability, or	75851
condition of a nature that reasonably indicates abuse or neglect	75852
of the client or patient.	75853

(4) Any person who fails to make a report required under	75854
division (C) of this section and who is an MR/DD employee, as	75855
defined in section 5123.50 of the Revised Code, shall be eligible	75856
to be included in the registry regarding misappropriation, abuse,	75857
neglect, or other specified misconduct by MR/DD employees	75858
established under section 5123.52 of the Revised Code.	75859

(D) The reports required under division (C) of this section	75860
shall be made forthwith by telephone or in person and shall be	75861
followed by a written report. The reports shall contain the	75862
following:	75863

(1) The names and addresses of the person with mental	75864
retardation or a developmental disability and the person's	75865
custodian, if known;	75866

(2) The age of the person with mental retardation or a	75867
developmental disability;	75868

(3) Any other information that would assist in the	75869
investigation of the report.	75870

(E) When a physician performing services as a member of the	75871
staff of a hospital or similar institution has reason to believe	75872
that a person with mental retardation or a developmental	75873
disability has suffered injury, abuse, or physical neglect, the	75874
physician shall notify the person in charge of the institution or	75875
that person's designated delegate, who shall make the necessary	75876
reports.	75877

(F) Any person having reasonable cause to believe that a	75878
person with mental retardation or a developmental disability has	75879
suffered or faces a substantial risk of suffering abuse or neglect	75880
may report or cause a report to be made of that belief to the	75881
entity specified in this division. Except as provided in section	75882
5120.173 of the Revised Code or as otherwise provided in this	75883
division, the person making the report shall make it to a law	75884
enforcement agency or the county board of developmental	75885
disabilities. If the person is a resident of a facility operated	75886
by the department of developmental disabilities, the report shall	75887
be made to a law enforcement agency or to the department. If the	75888
report concerns any act or omission of an employee of a county	75889
board of developmental disabilities, the report immediately shall	75890
be made to the department and to the county board.	75891

(G)(1) Upon the receipt of a report concerning the possible	75892
abuse or neglect of a person with mental retardation or a	75893
developmental disability, the law enforcement agency shall inform	75894
the county board of developmental disabilities or, if the person	75895
is a resident of a facility operated by the department of	75896
developmental disabilities, the director of the department or the	75897
director's designee.	75898

(2) On receipt of a report under this section that includes	75899
an allegation of action or inaction that may constitute a crime	75900
under federal law or the law of this state, the department of	75901
developmental disabilities shall notify the law enforcement	75902
agency.	75903

(3) When a county board of developmental disabilities	75904
receives a report under this section that includes an allegation	75905
of action or inaction that may constitute a crime under federal	75906
law or the law of this state, the superintendent of the board or	75907
an individual the superintendent designates under division (H) of	75908
this section shall notify the law enforcement agency. The	75909
superintendent or individual shall notify the department of	75910
developmental disabilities when it receives any report under this	75911
section.	75912

(4) When a county board of developmental disabilities	75913
receives a report under this section and believes that the degree	75914
of risk to the person is such that the report is an emergency, the	75915
superintendent of the board or an employee of the board the	75916
superintendent designates shall attempt a face-to-face contact	75917
with the person with mental retardation or a developmental	75918
disability who allegedly is the victim within one hour of the	75919
board's receipt of the report.	75920

(H) The superintendent of the board may designate an	75921
individual to be responsible for notifying the law enforcement	75922
agency and the department when the county board receives a report	75923
under this section.	75924

(I) An adult with mental retardation or a developmental	75925
disability about whom a report is made may be removed from the	75926
adult's place of residence only by law enforcement officers who	75927
consider that the adult's immediate removal is essential to	75928
protect the adult from further injury or abuse or in accordance	75929
with the order of a court made pursuant to section 5126.33 of the	75930
Revised Code.	75931

(J) A law enforcement agency shall investigate each report of	75932
abuse or neglect it receives under this section. In addition, the	75933
department, in cooperation with law enforcement officials, shall	75934
investigate each report regarding a resident of a facility	75935
operated by the department to determine the circumstances	75936
surrounding the injury, the cause of the injury, and the person	75937
responsible. The investigation shall be in accordance with the	75938
memorandum of understanding prepared under section 5126.058 of the	75939
Revised Code. The department shall determine, with the registry	75940
office which shall be maintained by the department, whether prior	75941
reports have been made concerning an adult with mental retardation	75942
or a developmental disability or other principals in the case. If	75943
the department finds that the report involves action or inaction	75944
that may constitute a crime under federal law or the law of this	75945
state, it shall submit a report of its investigation, in writing,	75946
to the law enforcement agency. If the person with mental	75947
retardation or a developmental disability is an adult, with the	75948
consent of the adult, the department shall provide such protective	75949
services as are necessary to protect the adult. The law	75950
enforcement agency shall make a written report of its findings to	75951
the department.	75952

If the person is an adult and is not a resident of a facility	75953
operated by the department, the county board of developmental	75954
disabilities shall review the report of abuse or neglect in	75955
accordance with sections 5126.30 to 5126.33 of the Revised Code	75956
and the law enforcement agency shall make the written report of	75957
its findings to the county board.	75958

(K) Any person or any hospital, institution, school, health	75959
department, or agency participating in the making of reports	75960
pursuant to this section, any person participating as a witness in	75961
an administrative or judicial proceeding resulting from the	75962
reports, or any person or governmental entity that discharges	75963
responsibilities under sections 5126.31 to 5126.33 of the Revised	75964
Code shall be immune from any civil or criminal liability that	75965
might otherwise be incurred or imposed as a result of such actions	75966
except liability for perjury, unless the person or governmental	75967
entity has acted in bad faith or with malicious purpose.	75968

(L) No employer or any person with the authority to do so	75969
shall discharge, demote, transfer, prepare a negative work	75970
performance evaluation, reduce pay or benefits, terminate work	75971
privileges, or take any other action detrimental to an employee or	75972
retaliate against an employee as a result of the employee's having	75973
made a report under this section. This division does not preclude	75974
an employer or person with authority from taking action with	75975
regard to an employee who has made a report under this section if	75976
there is another reasonable basis for the action.	75977

(M) Reports made under this section are not public records as	75978
defined in section 149.43 of the Revised Code. Information	75979
contained in the reports on request shall be made available to the	75980
person who is the subject of the report, to the person's legal	75981
counsel, and to agencies authorized to receive information in the	75982
report by the department or by a county board of developmental	75983
disabilities.	75984

(N) Notwithstanding section 4731.22 of the Revised Code, the	75985
physician-patient privilege shall not be a ground for excluding	75986
evidence regarding the injuries or physical neglect of a person	75987
with mental retardation or a developmental disability or the cause	75988
thereof in any judicial proceeding resulting from a report	75989
submitted pursuant to this section.	75990

Section 110.31. That the existing version of section 5123.61	75991
of the Revised Code that is scheduled to take effect on October 1,	75992
2012, is hereby repealed.	75993

Section 110.32. Sections 110.30 and 110.31 of this act take	75994
effect October 1, 2012.	75995

Section 301.11. The items set forth in this section are	75996
hereby appropriated out of any moneys in the state treasury to the	75997
credit of the Clean Ohio Conservation Fund (Fund 7056) that are	75998
not otherwise appropriated.	75999

Appropriations

PWC PUBLIC WORKS COMMISSION	76000

C15060	Clean Ohio Conservation	$	36,000,000	76001
Total Public Works Commission		$	36,000,000	76002
TOTAL Clean Ohio Conservation Fund		$	36,000,000	76003

The foregoing appropriation item C15060, Clean Ohio	76004
Conservation, shall be used in accordance with sections 164.20 to	76005
164.27 of the Revised Code. If the Public Works Commission	76006
receives refunds due to project overpayments that are discovered	76007
during the post-project audit, the Director of the Public Works	76008
Commission may certify to the Director of Budget and Management	76009
that refunds have been received. If the Director of Budget and	76010
Management determines that the project refunds are available to	76011
support additional appropriations, such amounts are hereby	76012
appropriated.	76013

Section 301.12. The items set forth in this section are	76014
hereby appropriated out of any moneys in the state treasury to the	76015
credit of the Clean Ohio Agricultural Easement Fund (Fund 7057)	76016
that are not otherwise appropriated.	76017

Appropriations

AGR DEPARTMENT OF AGRICULTURE	76018

C70009	Clean Ohio Agricultural Easements	$	6,000,000	76019
Total Department of Agriculture		$	6,000,000	76020
TOTAL Clean Ohio Agricultural Easement Fund		$	6,000,000	76021

Section 301.13. (A) The Ohio Public Facilities Commission is	76023
hereby authorized to issue and sell, in accordance with Section 2o	76024
and 2q of Article VIII, Ohio Constitution, and pursuant to	76025
sections 151.01 and 151.09 of the Revised Code, original	76026
obligations of the state in an aggregate principal amount not to	76027
exceed $36,000,000 in addition to the original issuance of	76028
obligations heretofore authorized by prior acts of the General	76029
Assembly. These authorized obligations shall be issued and sold	76030
from time to time, subject to applicable constitutional and	76031
statutory limitations, as needed to ensure sufficient moneys to	76032
the credit of the Clean Ohio Conservation Fund (Fund 7056) to pay	76033
costs of conservation projects.	76034

(B) The Ohio Public Facilities Commission is hereby	76035
authorized to issue and sell, in accordance with Section 2o and 2q	76036
of Article VIII, Ohio Constitution, and pursuant to sections	76037
151.01 and 151.09 of the Revised Code, original obligations of the	76038
state in an aggregate principal amount not to exceed $6,000,000 in	76039
addition to the original issuance of obligations heretofore	76040
authorized by prior acts of the General Assembly. These authorized	76041
obligations shall be issued and sold from time to time, subject to	76042
applicable constitutional and statutory limitations, as needed to	76043
ensure sufficient moneys to the credit of the Clean Ohio	76044
Agricultural Easement Fund (Fund 7057) to pay costs of	76045
conservation projects.	76046

Section 301.14. Notwithstanding section 126.14 of the Revised	76047
Code, appropriations from the Clean Ohio Conservation Fund (Fund	76048
7056) to the Public Works Commission shall be released upon	76049
presentation of a request to release the funds, by the agency to	76050
which the appropriation has been made, to the Director of Budget	76051
and Management.	76052

Section 301.15. The capital improvements for which	76053
appropriations are made in this act from the Clean Ohio	76054
Conservation Fund (Fund 7056) and the Clean Ohio Agricultural	76055
Easement Fund (Fund 7057) are determined to be capital	76056
improvements and capital facilities for natural resources and	76057
local subdivision capital improvement projects and are designated	76058
as capital facilities to which proceeds of obligations issued	76059
under Chapter 151. of the Revised Code are to be applied.	76060

Section 503.10. FISCAL YEAR 2012 GENERAL REVENUE FUND ENDING	76061
BALANCE	76062

Notwithstanding divisions (B) and (C) of section 131.44 of	76063
the Revised Code, the Director of Budget and Management shall	76064
determine the surplus General Revenue Fund revenue that existed on	76065
June 30, 2012, in excess of the amount required under division	76066
(A)(3) of section 131.44 of the Revised Code, and transfer from	76067
the General Revenue Fund, to the extent of the amount so	76068
determined, to the Statewide Treatment and Prevention Fund (Fund	76069
4750), a cash amount of $1,000,000 and to the Long-Term Care	76070
Ombudsman Program Fund (Fund 4C40), a cash amount of $1,500,000.	76071

Section 506.10. OHP HEALTH CARE GRANTS FUND

76072

For fiscal year 2012 and fiscal year 2013, the Department of	76073
Job and Family Services may deposit into the OHP Health Care	76074
Grants Fund (Fund 3FA0) federal grants for the administration of	76075
health care programs that the Department receives under the	76076
"Patient Protection and Affordable Care Act," Public Law 111-148,	76077
and the "Health Care and Education Reconciliation Act of 2010,"	76078
Public Law 111-152. The Department shall use the money in the fund	76079
to pay for expenses incurred in carrying out duties the Department	76080
assumes by accepting such federal grants, including expenses for	76081
the administration of health care programs.	76082

Section 512.10. TRANSFER OF FUNDS FOR CASINO CONTROL	76083
COMMISSION OPERATIONS	76084

During fiscal year 2013, the Director of Budget and	76085
Management may, in consultation with the Executive Director of the	76086
Casino Control Commission, transfer cash as necessary for	76087
operating expenses and casino investigations. The transfer shall	76088
be made from the General Revenue Fund to the Casino Control	76089
Commission Operating Fund (Fund 5HS0). Once funds from upfront	76090
license application fees and gross casino revenue taxes have been	76091
accumulated to sustain operations, the Director of Budget and	76092
Management, in consultation with the Executive Director of the	76093
Casino Control Commission, shall establish a repayment schedule	76094
for transfers to the General Revenue Fund from the Casino Control	76095
Commission Operating Fund (Fund 5HS0).	76096

Section 512.20. PRE-SECURITIZATION TOBACCO PAYMENTS

76097

The Pre-Securitization Tobacco Payments Fund (Fund 5LS0) is	76098
hereby created in the state treasury. All moneys received by the	76099
state in connection with releases from disputed payment accounts	76100
or amounts previously withheld under the Tobacco Master Settlement	76101
Agreement that do not constitute pledged receipts for the Buckeye	76102
Tobacco Settlement Financing Authority Tobacco Settlement Bonds,	76103
Series 2007, shall be credited to the fund and used by the	76104
Director of Budget and Management as authorized in this section.	76105

On July 1 of each fiscal year, or as soon as possible	76106
thereafter, the Director of Budget and Management shall determine,	76107
in consultation with the Attorney General, the amounts needed to	76108
fund tobacco enforcement-related activities and may transfer cash	76109
in those amounts from Fund 5LS0 to the Tobacco Oversight	76110
Administration and Enforcement Fund (Fund U087). The Director of	76111
Budget and Management may transfer remaining cash determined to be	76112
in excess of the tobacco enforcement needs of the Attorney General	76113
from Fund 5LS0 to the General Revenue Fund.	76114

Upon receipt of all pre-securitization Tobacco Master	76115
Settlement Agreement payments and the transfer of all cash	76116
credited to Fund 5LS0 as authorized in this section, Fund 5LS0 is	76117
abolished.	76118

On July 1, 2012, or as soon as possible thereafter, and upon	76119
the request of the Attorney General, the Director of Budget and	76120
Management may transfer up to $3,000,000 cash from the General	76121
Reimbursement Fund (Fund 1060) to the Tobacco Oversight	76122
Administration and Enforcement Fund (Fund U087).	76123

Section 512.30. CASH TRANSFER FROM TRAUMA AND EMERGENCY	76124
MEDICAL SERVICES GRANTS FUND	76125

On the effective date of this section, or as soon as possible	76126
thereafter, the Director of Budget and Management shall transfer	76127
the cash balance in the Trauma and Emergency Medical Services	76128
Grants Fund (Fund 83P0) to the Trauma and Emergency Medical	76129
Services Fund (Fund 83M0). The Director shall cancel any existing	76130
encumbrances against appropriation item 765637, EMS Grants, and	76131
reestablish them against appropriation item 765640, EMS – Grants.	76132
The reestablished encumbrance amounts are hereby appropriated.	76133

Section 512.40. CASH TRANSFER FROM ELEMENTARY SCHOOL SEAT	76134
BELT FUND	76135

On the effective date of this section, or as soon as possible	76136
thereafter, the Director of Budget and Management shall transfer	76137
the cash balance in the Elementary School Seat Belt Fund (Fund	76138
83N0) to the Trauma and Emergency Medical Services Fund (Fund	76139
83M0). The Director shall cancel any existing encumbrances against	76140
appropriation item 761611, Elementary School Seat Belt Program,	76141
and reestablish them against appropriation item 765624, Operating	76142
Expense - Trauma and EMS. The reestablished encumbrance amounts	76143
are hereby appropriated.	76144

Section 512.50. MEDICAID PROGRAM SUPPORT STATE FUND ABOLISHED

76145

The Director of Budget and Management shall transfer any	76146
remaining cash balance in the Medicaid Program Support State Fund	76147
(Fund 5C90) to the Health Care/Medicaid Support and Recoveries	76148
Fund (Fund 5DL0) created under section 5111.941 of the Revised	76149
Code. The Medicaid Program Support State Fund (Fund 5C90) shall	76150
cease to exist once the transfer is complete.	76151

Section 600.10. That Section 753.20 of Am. Sub. H.B. 114 of	76152
the 129th General Assembly be amended to read as follows:	76153

Sec. 753.20. (A) The Governor is authorized to execute a deed	76154
in the name of the state conveying to Taylor Chevrolet, Inc.	76155
(hereinafter the "grantee"), its successors and assigns, all of	76156
the state's right, title, and interest in the following described	76157
real estate known as Ohio State Highway Patrol Post 23, 1125 Ety	76158
Road, in the City of Lancaster, County of Fairfield, State of	76159
Ohio, and in the land on which the post is situated.:	76160

Being a part of Section 27, Township 15, Range 19, Greenfield	76161
Township, Fairfield County, Ohio and being more particularly	76162
described as follows:	76163

Commencing at a point in the east line of Section 27 and in	76164
the centerline of U.S. Route 33 at Station 139 plus 53.38, (1941	76165
Survey) as shown by plans on file with the Department of Highways,	76166
said point being N 1° 21' E, 452.70 feet from the southeast corner	76167
of said Section 27; thence, along said Section line, N 1° 21 min.	76168
E, 85.21 feet, to a point in the centerline of Township Road No.	76169
201 and to an easement for electric power line of the Ohio Power	76170
Company, Deed Record Volume 166, Page 375, Recorder's Office,	76171
Fairfield County, Ohio, said point being the place of beginning of	76172
the tract herein described; thence, along said Section line and	76173
along the centerline of said Township Road, N 1° 21' E, 224.90	76174
feet, to a point; thence, leaving said road, N 74° 38' 30" W,	76175
226.61 feet, to a point; thence, S 28° 31' 30" W, 148.15 feet, to	76176
a point in the northerly right of way line of said U.S. Route 33;	76177
thence, along said northerly right of way line of said U.S. 33, S	76178
62° 01' E, 122.04 feet to a point; thence, continuing along said	76179
right of way line, S 61° 19' E, 94.12 feet, to a point; thence,	76180
continuing along said right of way line, S 60° 52' E 107.24 feet,	76181
to a point, the place of beginning containing 1.11 acres, more or	76182
less.	76183

The above described tract of land is subject to an easement	76184
for Highway purposes along Township Road No. 201.	76185

(B) ~~In preparing the deed, the Auditor of State, with the~~	76186
~~assistance of the Attorney General, shall develop a legal~~	76187
~~description of the real estate in conformity with the actual~~	76188
~~bounds of the real estate.~~	76189

~~(C)~~ Consideration for conveyance of the real estate shall be	76190
agreed upon between the Superintendent of the State Highway Patrol	76191
and the grantee.	76192

~~(D)~~(C) The deed may contain any condition or restriction that	76193
the Governor determines is reasonably necessary to protect the	76194
state's interests.	76195

~~(E)~~(D) The grantee shall pay all costs associated with the	76196
purchase and conveyance of the real estate, including recordation	76197
costs of the deed.	76198

~~(F)~~(E) Upon payment of the purchase price, the Auditor of	76199
State, with the assistance of the Attorney General, shall prepare	76200
a deed to the real estate. The deed shall state the consideration	76201
and any conditions or restrictions and shall be executed by the	76202
Governor in the name of the state, countersigned by the Secretary	76203
of State, sealed with the Great Seal of the State, presented in	76204
the Office of the Auditor of State for recording, and delivered to	76205
the grantee. The grantee shall present the deed for recording in	76206
the Office of the Fairfield County Recorder.	76207

~~(G)~~(F) The proceeds of the conveyance of the real estate	76208
shall be deposited into the state treasury to the credit of the	76209
State Highway Safety Fund.	76210

~~(H)~~(G) This section expires one year after its effective	76211
date.	76212

Section 600.11. That existing Section 753.20 of Am. Sub. H.B.	76213
114 of the 129th General Assembly is hereby repealed.	76214

Section 601.10. That Section 205.10 of Am. Sub. H.B. 114 of	76215
the 129th General Assembly, as amended by Am. Sub. H.B. 153 of the	76216
129th General Assembly, be amended to read as follows:	76217

Sec. 205.10. DPS DEPARTMENT OF PUBLIC SAFETY

76218

State Highway Safety Fund Group	76219

4W40	762321	Operating Expense - BMV	$	80,003,146	$	~~82,403,240~~ 82,003,240	76220
4W40	762410	Registrations Supplement	$	28,945,176	$	29,813,532	76221
5V10	762682	License Plate Contributions	$	2,100,000	$	2,100,000	76222
7036	761321	Operating Expense - Information and Education	$	7,124,366	$	~~7,338,097~~ 6,988,097	76223
7036	761401	Lease Rental Payments	$	9,978,300	$	2,315,700	76224
7036	764033	Minor Capital Projects	$	1,250,000	$	1,250,000	76225
7036	764321	Operating Expense - Highway Patrol	$	260,744,934	$	258,365,903	76226
7036	764605	Motor Carrier Enforcement Expenses	$	2,860,000	$	2,860,000	76227
8300	761603	Salvage and Exchange - Administration	$	19,469	$	20,053	76228
8310	761610	Information and Education - Federal	$	422,084	$	~~434,746~~ 409,746	76229
8310	764610	Patrol - Federal	$	2,209,936	$	2,276,234	76230
8310	764659	Transportation Enforcement - Federal	$	5,519,333	$	5,684,913	76231
8310	765610	EMS - Federal	$	532,007	$	532,007	76232
8310	769610	~~Food Stamp Trafficking Enforcement - Federal~~ Investigative Unit Federal Reimbursement	$	1,546,319	$	1,546,319	76233
8310	769631	Homeland Security - Federal	$	2,184,000	$	2,184,000	76234
8320	761612	Traffic Safety - Federal	$	16,577,565	$	16,577,565	76235
8350	762616	Financial Responsibility Compliance	$	5,457,240	$	~~5,549,068~~ 5,274,068	76236
8370	764602	Turnpike Policing	$	11,553,959	$	11,553,959	76237
8380	764606	Patrol Reimbursement	$	50,000	$	50,000	76238
83C0	764630	Contraband, Forfeiture, Other	$	622,894	$	622,894	76239
83F0	764657	Law Enforcement Automated Data System	$	9,053,266	$	9,053,266	76240
83G0	764633	OMVI Enforcement/Education	$	623,230	$	641,927	76241
83J0	764693	Highway Patrol Justice Contraband	$	2,100,000	$	2,100,000	76242
83M0	765624	Operating Expense - Trauma and EMS	$	2,632,106	$	~~2,711,069~~ 3,204,925	76243
83M0	765640	EMS - Grants	$	0	$	4,229,819	76244
83N0	761611	Elementary School Seat Belt Program	$	305,600	$	~~305,600~~ 0	76245
83P0	765637	EMS Grants	$	4,106,621	$	~~4,229,819~~ 0	76246
83R0	762639	Local Immobilization Reimbursement	$	450,000	$	450,000	76247
83T0	764694	Highway Patrol Treasury Contraband	$	21,000	$	21,000	76248
8400	764607	State Fair Security	$	1,256,655	$	1,294,354	76249
8400	764617	Security and Investigations	$	6,432,686	$	6,432,686	76250
8400	764626	State Fairgrounds Police Force	$	849,883	$	849,883	76251
8400	769632	Homeland Security - Operating	$	737,791	$	737,791	76252
8410	764603	Salvage and Exchange - Highway Patrol	$	1,339,399	$	1,339,399	76253
8460	761625	Motorcycle Safety Education	$	3,185,013	$	3,280,563	76254
8490	762627	Automated Title Processing Board	$	17,316,755	$	14,335,513	76255
TOTAL HSF State Highway Safety Fund Group			$	490,110,733	$	~~481,261,100~~ 480,399,356	76256

General Services Fund Group	76257

4P60	768601	Justice Program Services	$	998,104	$	1,028,047	76258
4S30	766661	Hilltop Utility Reimbursement	$	540,800	$	540,800	76259
5ET0	768625	Drug Law Enforcement	$	3,780,000	$	3,893,400	76260
5Y10	764695	Highway Patrol Continuing Professional Training	$	170,000	$	170,000	76261
5Y10	767696	Investigative Unit Continuing Professional Training	$	15,000	$	15,000	76262
TOTAL GSF General Services Fund Group			$	5,503,904	$	5,647,247	76263

Federal Special Revenue Fund Group	76264

3290	763645	Federal Mitigation Program	$	10,110,332	$	10,413,642	76265
3370	763609	Federal Disaster Relief	$	27,707,636	$	27,707,636	76266
3390	763647	Emergency Management Assistance and Training	$	75,664,821	$	77,934,765	76267
3CB0	768691	Federal Justice Grants - FFY06	$	200,000	$	50,000	76268
3CC0	768609	Justice Assistance Grants - FFY07	$	583,222	$	310,000	76269
3CD0	768610	Justice Assistance Grants – FFY08	$	310,000	$	150,000	76270
3CE0	768611	Justice Assistance Grants – FFY09	$	865,000	$	1,200,000	76271
3CV0	768697	Justice Assistance Grants Supplement – FFY08	$	2,000	$	0	76272
3DE0	768612	Federal Stimulus - Justice Assistance Grants	$	1,015,000	$	1,015,000	76273
3DH0	768613	Federal Stimulus - Justice Programs	$	150,000	$	150,000	76274
3DU0	762628	BMV Grants	$	1,525,000	$	~~1,580,000~~ 1,480,000	76275
3EU0	768614	Justice Assistance Grants – FFY10	$	650,000	$	920,000	76276
3L50	768604	Justice Program	$	11,400,000	$	11,400,000	76277
3N50	763644	U.S. Department of Energy Agreement	$	31,672	$	31,672	76278
TOTAL FED Federal Special Revenue Fund Group			$	130,214,683	$	~~132,862,715~~ 132,762,715	76279

State Special Revenue Fund Group	76280

4V30	763662	EMA Service and Reimbursement	$	4,368,369	$	4,499,420	76281
5390	762614	Motor Vehicle Dealers Board	$	180,000	$	185,400	76282
5B90	766632	Private Investigator and Security Guard Provider	$	1,562,637	$	1,562,637	76283
5BK0	768687	Criminal Justice Services - Operating	$	400,000	$	400,000	76284
5BK0	768689	Family Violence Shelter Programs	$	750,000	$	750,000	76285
5CM0	767691	~~Federal Investigative Seizure~~ Investigative Unit Federal Equitable Sharing - Treasury	$	300,000	$	300,000	76286
5DS0	769630	Homeland Security	$	1,414,384	$	1,414,384	76287
5FF0	762621	Indigent Interlock and Alcohol Monitoring	$	2,000,000	$	2,000,000	76288
5FL0	769634	Investigations	$	899,300	$	899,300	76289
5LM0	768698	Criminal Justice Services Law Enforcement Support	$	33,991	$	816,955	76290
6220	767615	Investigative Contraband and Forfeiture	$	375,000	$	375,000	76291
6570	763652	Utility Radiological Safety	$	1,415,945	$	1,415,945	76292
6810	763653	SARA Title III HAZMAT Planning	$	262,438	$	262,438	76293
8500	767628	Investigative Unit Salvage	$	90,000	$	92,700	76294
TOTAL SSR State Special Revenue Fund Group			$	~~14,018,073~~ 14,052,064	$	~~14,157,224~~ 14,974,179	76295

Liquor Control Fund Group	76296

7043	767321		Liquor Enforcement - Operating		$	11,000,000		$	11,000,000		76297
TOTAL LCF Liquor Control Fund Group					$	11,000,000		$	11,000,000		76298

Agency Fund Group	76299

5J90	761678		Federal Salvage/GSA		$	1,500,000		$	1,500,000		76300
TOTAL AGY Agency Fund Group					$	1,500,000		$	1,500,000		76301

Holding Account Redistribution Fund Group	76302

R024	762619	Unidentified Motor Vehicle Receipts	$	1,885,000	$	1,885,000	76303
R052	762623	Security Deposits	$	350,000	$	350,000	76304
TOTAL 090 Holding Account Redistribution Fund Group			$	2,235,000	$	2,235,000	76305
TOTAL ALL BUDGET FUND GROUPS			$	~~654,582,393~~ 654,616,384	$	~~648,663,286~~ 648,518,497	76306

MOTOR VEHICLE REGISTRATION

76307

The Registrar of Motor Vehicles may deposit revenues to meet	76308
the cash needs of the State Bureau of Motor Vehicles Fund (Fund	76309
4W40) established in section 4501.25 of the Revised Code, obtained	76310
under sections 4503.02 and 4504.02 of the Revised Code, less all	76311
other available cash. Revenue deposited pursuant to this paragraph	76312
shall support, in part, appropriations for operating expenses and	76313
defray the cost of manufacturing and distributing license plates	76314
and license plate stickers and enforcing the law relative to the	76315
operation and registration of motor vehicles. Notwithstanding	76316
section 4501.03 of the Revised Code, the revenues shall be paid	76317
into Fund 4W40 before any revenues obtained pursuant to sections	76318
4503.02 and 4504.02 of the Revised Code are paid into any other	76319
fund. The deposit of revenues to meet the aforementioned cash	76320
needs shall be in approximately equal amounts on a monthly basis	76321
or as otherwise determined by the Director of Budget and	76322
Management pursuant to a plan submitted by the Registrar of Motor	76323
Vehicles.	76324

CAPITAL PROJECTS

76325

The Registrar of Motor Vehicles may transfer cash from the	76326
State Bureau of Motor Vehicles Fund (Fund 4W40) to the State	76327
Highway Safety Fund (Fund 7036) to meet its obligations for	76328
capital projects CIR-047, Department of Public Safety Office	76329
Building and CIR-049, Warehouse Facility.	76330

OBA BOND AUTHORITY/LEASE RENTAL PAYMENTS

76331

The foregoing appropriation item 761401, Lease Rental	76332
Payments, shall be used for payments to the Ohio Building	76333
Authority for the period July 1, 2011, to June 30, 2013, under the	76334
primary leases and agreements for public safety related buildings	76335
financed by obligations issued under Chapter 152. of the Revised	76336
Code. Notwithstanding section 152.24 of the Revised Code, the Ohio	76337
Building Authority may, with approval of the Director of Budget	76338
and Management, lease capital facilities to the Department of	76339
Public Safety.	76340

HILLTOP TRANSFER

76341

The Director of Public Safety shall determine, per an	76342
agreement with the Director of Transportation, the share of each	76343
debt service payment made out of appropriation item 761401, Lease	76344
Rental Payments, that relates to the Department of	76345
Transportation's portion of the Hilltop Building Project, and	76346
shall certify to the Director of Budget and Management the amounts	76347
of this share. The Director of Budget and Management shall	76348
transfer the amounts of such shares from the Highway Operating	76349
Fund (Fund 7002) to the State Highway Safety Fund (Fund 7036).	76350

CASH TRANSFERS TO TRAUMA AND EMERGENCY MEDICAL SERVICES FUND

76351

On July 1, 2011, or as soon as possible thereafter, the	76352
Director of Budget and Management shall transfer the unexpended	76353
and unencumbered cash balance in the Seat Belt Education Fund	76354
(Fund 8440) to the Trauma and Emergency Medical Services Fund	76355
(Fund 83M0). Upon completion of the transfer, Fund 8440 is	76356
abolished. The Director shall cancel any existing encumbrances	76357
against appropriation item 761613, Seat Belt Education Program,	76358
and reestablish them against appropriation item 765624, Operating	76359
Expense - Trauma and EMS. The reestablished encumbrance amounts	76360
are hereby appropriated.	76361

CASH TRANSFERS BETWEEN FUNDS

76362

Notwithstanding any provision of law to the contrary, the	76363
Director of Budget and Management, upon the written request of the	76364
Director of Public Safety, may approve the transfer of cash	76365
between the following six funds: the Trauma and Emergency Medical	76366
Services Fund (Fund 83M0), the Homeland Security Fund (Fund 5DS0),	76367
the Investigations Fund (Fund 5FL0), the Emergency Management	76368
Agency Service and Reimbursement Fund (Fund 4V30), the Justice	76369
Program Services Fund (Fund 4P60), and the State Bureau of Motor	76370
Vehicles Fund (Fund 4W40).	76371

CASH TRANSFERS TO SECURITY, INVESTIGATIONS, AND POLICING FUND

76372

Notwithstanding any provision of law to the contrary, the	76373
Director of Budget and Management, upon the written request of the	76374
Director of Public Safety, may approve the transfer of cash from	76375
the Continuing Professional Training Fund (Fund 5Y10), the State	76376
Highway Patrol Contraband, Forfeiture, and Other Fund (Fund 83C0),	76377
the Trauma and Emergency Medical Services Fund (Fund 83M0), and	76378
the Highway Safety Salvage and Exchange Highway Patrol Fund (Fund	76379
8410) to the Security, Investigations, and Policing Fund (Fund	76380
8400).	76381

CASH TRANSFERS OF SEAT BELT FINE REVENUES

76382

Notwithstanding any provision of law to the contrary, the	76383
Controlling Board, upon request of the Director of Public Safety,	76384
may approve the transfer of cash between the following ~~four~~three	76385
funds that receive fine revenues from enforcement of the mandatory	76386
seat belt law: the Trauma and Emergency Medical Services Fund	76387
(Fund 83M0), the Elementary School Program Fund (Fund 83N0), and	76388
the Trauma and Emergency Medical Services Grants Fund (Fund 83P0).	76389

STATE DISASTER RELIEF

76390

The State Disaster Relief Fund (Fund 5330) may accept	76391
transfers of cash and appropriations from Controlling Board	76392
appropriation items for Ohio Emergency Management Agency disaster	76393
response costs and disaster program management costs, and may also	76394
be used for the following purposes:	76395

(A) To accept transfers of cash and appropriations from	76396
Controlling Board appropriation items for Ohio Emergency	76397
Management Agency public assistance and mitigation program match	76398
costs to reimburse eligible local governments and private	76399
nonprofit organizations for costs related to disasters;	76400

(B) To accept and transfer cash to reimburse the costs	76401
associated with Emergency Management Assistance Compact (EMAC)	76402
deployments;	76403

(C) To accept disaster related reimbursement from federal,	76404
state, and local governments. The Director of Budget and	76405
Management may transfer cash from reimbursements received by this	76406
fund to other funds of the state from which transfers were	76407
originally approved by the Controlling Board.	76408

(D) To accept transfers of cash and appropriations from	76409
Controlling Board appropriation items to fund the State Disaster	76410
Relief Program, for disasters that have been declared by the	76411
Governor, and the State Individual Assistance Program for	76412
disasters that have been declared by the Governor and the federal	76413
Small Business Administration. The Ohio Emergency Management	76414
Agency shall publish and make available application packets	76415
outlining procedures for the State Disaster Relief Program and the	76416
State Individual Assistance Program.	76417

JUSTICE ASSISTANCE GRANT FUND

76418

The federal payments made to the state for the Byrne Justice	76419
Assistance Grants Program under Title II of Division A of the	76420
American Recovery and Reinvestment Act of 2009 shall be deposited	76421
to the credit of the Justice Assistance Grant Fund (Fund 3DE0),	76422
which is hereby created in the state treasury. All investment	76423
earnings of the fund shall be credited to the fund.	76424

FEDERAL STIMULUS – JUSTICE PROGRAMS

76425

The federal payments made to the state for the Violence	76426
Against Women Formula Grant under Title II of Division A of the	76427
American Recovery and Reinvestment Act of 2009 shall be deposited	76428
to the credit of the Federal Stimulus – Justice Programs Fund	76429
(Fund 3DH0).	76430

TRANSFER FROM STATE FIRE MARSHAL FUND TO EMERGENCY MANAGEMENT	76431
AGENCY SERVICE AND REIMBURSEMENT FUND	76432

On July 1 of each fiscal year, or as soon as possible	76433
thereafter, the Director of Budget and Management shall transfer	76434
$200,000 in cash from the State Fire Marshal Fund (Fund 5460) to	76435
the Emergency Management Agency Service and Reimbursement Fund	76436
(Fund 4V30) to be distributed to the Ohio Task Force One – Urban	76437
Search and Rescue Unit and other urban search and rescue programs	76438
around the state.	76439

FAMILY VIOLENCE PREVENTION FUND

76440

Notwithstanding any provision of law to the contrary, in each	76441
of fiscal years 2012 and 2013, the first $750,000 received to the	76442
credit of the Family Violence Prevention Fund (Fund 5BK0) shall be	76443
appropriated to appropriation item 768689, Family Violence Shelter	76444
Programs, and the next $400,000 received to the credit of Fund	76445
5BK0 in each of those fiscal years shall be appropriated to	76446
appropriation item 768687, Criminal Justice Services - Operating.	76447
Any moneys received to the credit of Fund 5BK0 in excess of the	76448
aforementioned appropriated amounts in each fiscal year shall,	76449
upon the approval of the Controlling Board, be used to provide	76450
grants to family violence shelters in Ohio.	76451

SARA TITLE III HAZMAT PLANNING

76452

The SARA Title III HAZMAT Planning Fund (Fund 6810) is	76453
entitled to receive grant funds from the Emergency Response	76454
Commission to implement the Emergency Management Agency's	76455
responsibilities under Chapter 3750. of the Revised Code.	76456

COLLECTIVE BARGAINING INCREASES

76457

Notwithstanding division (D) of section 127.14 and division	76458
(B) of section 131.35 of the Revised Code, except for the General	76459
Revenue Fund, the Controlling Board may, upon the request of	76460
either the Director of Budget and Management, or the Department of	76461
Public Safety with the approval of the Director of Budget and	76462
Management, increase appropriations for any fund, as necessary for	76463
the Department of Public Safety, to assist in paying the costs of	76464
increases in employee compensation that have occurred pursuant to	76465
collective bargaining agreements under Chapter 4117. of the	76466
Revised Code and, for exempt employees, under section 124.152 of	76467
the Revised Code.	76468

CASH BALANCE FUND REVIEW

76469

Not later than the first day of April in each fiscal year of	76470
the biennium, the Director of Budget and Management shall review	76471
the cash balances for each fund, except the State Highway Safety	76472
Fund (Fund 7036) and the State Bureau of Motor Vehicles Fund (Fund	76473
4W40), in the State Highway Safety Fund Group, and shall recommend	76474
to the Controlling Board an amount to be transferred to the credit	76475
of Fund 7036 or Fund 4W40, as appropriate.	76476

Section 601.11. That existing Section 205.10 of Am. Sub. H.B.	76477
114 of the 129th General Assembly, as amended by Am. Sub. H.B. 153	76478
of the 129th General Assembly, is hereby repealed.	76479

Section 601.20. That Section 201 of Sub. H.B. 123 of the	76480
129th General Assembly be amended to read as follows:	76481

Sec. 201. All items in Sections 201 and 203 of this act are	76482
hereby appropriated out of any moneys in the state treasury to the	76483
credit of the designated fund. For all appropriations made in this	76484
act, those in the first column are for fiscal year 2012, and those	76485
in the second column are for fiscal year 2013.	76486

FND

AI TITLE

Appropriations

76487

BWC BUREAU OF WORKERS' COMPENSATION	76488

Workers' Compensation Fund Group	76489

7023	855401	William Green Lease Payments to OBA	$	18,291,365	$	17,533,370	76490
7023	855407	Claims, Risk and Medical Management	$	125,427,732	$	~~124,192,959~~ 122,492,959	76491
7023	855408	Fraud Prevention	$	11,331,154	$	11,164,226	76492
7023	855409	Administrative Services	$	101,724,950	$	~~104,136,037~~ 103,346,037	76493
7023	855410	Attorney General Payments	$	4,621,850	$	4,621,850	76494
8220	855606	Coal Workers' Fund	$	150,586	$	147,666	76495
8230	855608	Marine Industry	$	76,532	$	75,527	76496
8250	855605	Disabled Workers Relief Fund	$	322,266	$	319,718	76497
8260	855609	Safety and Hygiene Operating	$	20,382,567	$	20,161,132	76498
8260	855610	Gear Program	$	4,000,000	$	4,000,000	76499
8290	855604	Long Term Care Loan Program	$	1,000,000	$	~~1,000,000~~ 100,000	76500
TOTAL WCF Workers' Compensation							76501
Fund Group			$	287,329,002	$	~~287,352,485~~ 283,962,485	76502

Federal Special Revenue Fund Group	76503

3490	855601	OSHA Enforcement	$	1,670,998	$	1,647,515	76504
TOTAL FED Federal Special Revenue Fund Group			$	1,670,998	$	1,647,515	76505
TOTAL ALL BUDGET FUND GROUPS			$	289,000,000	$	~~289,000,000~~ 285,610,000	76506

WILLIAM GREEN LEASE PAYMENTS

76507

The foregoing appropriation item 855401, William Green Lease	76508
Payments to OBA, shall be used for lease payments to the Ohio	76509
Building Authority, and these appropriations shall be used to meet	76510
all payments at the times they are required to be made during the	76511
period from July 1, 2011, to June 30, 2013, by the Bureau of	76512
Workers' Compensation to the Ohio Building Authority pursuant to	76513
leases and agreements made under Chapter 152. of the Revised Code	76514
and Section 6 of Am. Sub. H.B. 743 of the 118th General Assembly.	76515
Of the amounts received in Fund 7023, appropriation item 855401,	76516
William Green Lease Payments to OBA, up to $35,824,735 shall be	76517
restricted for lease rental payments to the Ohio Building	76518
Authority. If it is determined that additional appropriations are	76519
necessary for such purpose, such amounts are hereby appropriated.	76520

Notwithstanding any provision of law to the contrary, all	76521
tenants of the William Green Building not funded by the Workers'	76522
Compensation Fund (Fund 7023) shall pay their fair share of the	76523
costs of lease payments to the Workers' Compensation Fund (Fund	76524
7023) by intrastate transfer voucher.	76525

WORKERS' COMPENSATION FRAUD UNIT

76526

The Workers' Compensation Section Fund (Fund 1950)	76527
administered by the Attorney General shall receive payments from	76528
the Bureau of Workers' Compensation at the beginning of each	76529
quarter of each fiscal year to fund expenses of the Workers'	76530
Compensation Fraud Unit within the Attorney General's Office. Of	76531
the foregoing appropriation item 855410, Attorney General	76532
Payments, $828,200 in fiscal year 2012 and $828,200 in fiscal year	76533
2013 shall be used to provide these payments.	76534

SAFETY AND HYGIENE

76535

Notwithstanding section 4121.37 of the Revised Code, the	76536
Treasurer of State shall transfer $20,382,567 cash in fiscal year	76537
2012 and $20,161,132 cash in fiscal year 2013 from the State	76538
Insurance Fund to the Safety and Hygiene Fund (Fund 8260).	76539

OSHA ON-SITE CONSULTATION PROGRAM

76540

The Bureau of Workers' Compensation may designate a portion	76541
of appropriation item 855609, Safety and Hygiene Operating, to be	76542
used to match federal funding for the federal Occupational Safety	76543
and Health Administration's (OSHA) on-site consultation program.	76544

VOCATIONAL REHABILITATION

76545

The Bureau of Workers' Compensation and the Rehabilitation	76546
Services Commission shall enter into an interagency agreement for	76547
the provision of vocational rehabilitation services and staff to	76548
mutually eligible clients. The bureau shall provide $605,407 in	76549
fiscal year 2012 and $605,407 in fiscal year 2013 from the State	76550
Insurance Fund to fund vocational rehabilitation services and	76551
staff in accordance with the interagency agreement.	76552

FUND BALANCE

76553

Any unencumbered cash balance in excess of $45,000,000 in the	76554
Workers' Compensation Fund (Fund 7023) on the thirtieth day of	76555
June of each fiscal year shall be used to reduce the	76556
administrative cost rate charged to employers to cover	76557
appropriations for Bureau of Workers' Compensation operations.	76558

Section 601.21. That existing Section 201 of Sub. H.B. 123 of	76559
the 129th General Assembly is hereby repealed.	76560

Section 601.30. That Section 1 of H.B. 124 of the 129th	76561
General Assembly be amended to read as follows:	76562

Sec. 1. All items in this section are hereby appropriated out	76563
of any moneys in the state treasury to the credit of the	76564
designated fund. For all appropriations made in this section,	76565
those in the first column are for fiscal year 2012, and those in	76566
the second column are for fiscal year 2013.	76567

Appropriations

76568

FND

AI TITLE

FY 2012

FY 2013

76569

OIC INDUSTRIAL COMMISSION	76570

Workers' Compensation Fund Group	76571

5W30	845321	Operating Expenses	$	50,100,000	$	~~48,900,000~~ 47,732,000	76572
5W30	845402	Rent - William Green Building	$	5,500,000	$	5,500,000	76573
5W30	845410	Attorney General Payments	$	3,900,000	$	4,000,000	76574
TOTAL WCF Workers' Compensation							76575
Fund Group			$	59,500,000	$	~~58,400,000~~ 57,232,000	76576
TOTAL ALL BUDGET FUND GROUPS			$	59,500,000	$	~~58,400,000~~ 57,232,000	76577

RENT - WILLIAM GREEN BUILDING

76578

The foregoing appropriation item 845402, Rent - William Green	76579
Building, shall be used for rent and operating expenses for the	76580
space occupied by the Industrial Commission in the William Green	76581
Building.	76582

Section 601.31. That existing Section 1 of H.B. 124 of the	76583
129th General Assembly is hereby repealed.	76584

Section 601.40. That Sections 205.10, 207.10, 207.10.80,	76585
207.20.10, 207.20.30, 207.20.90, 209.10, 209.20, 209.30, 211.10,	76586
215.10, 215.20, 223.10, 229.10, 243.10, 261.10.40, 261.10.70,	76587
261.20.40, 261.20.50, 261.20.60, 261.20.80, 261.20.90, 261.30.10,	76588
261.30.20, 261.30.30, 261.30.40, 261.30.60, 261.30.70, 261.30.80,	76589
261.30.90, 261.40.10, 263.10, 263.10.30, 263.10.90, 263.20.40,	76590
263.20.70, 267.10, 267.10.10, 267.10.20, 267.10.40, 267.30.20,	76591
267.30.40, 279.10, 283.10, 287.10, 291.10, 307.10, 309.10,	76592
309.30.10, 309.30.30, 309.30.33, 309.30.53, 309.30.73, 313.10,	76593
315.10, 323.10, 327.10, 335.10, 337.10, 343.10, 343.40, 365.10,	76594
367.10, 369.10, 371.10, 371.30.30, 371.50.61, 371.50.65,	76595
371.60.80, 373.10, 375.10, 379.10, 387.10, 403.10, 411.10, 415.10,	76596
503.50, and 521.70 of Am. Sub. H.B. 153 of the 129th General	76597
Assembly be amended to read as follows:	76598

Sec. 205.10. ADJ ADJUTANT GENERAL

76599

General Revenue Fund	76600

GRF	745401	Ohio Military Reserve	$	12,308	$	12,308	76601
GRF	745404	Air National Guard	$	1,810,606	$	1,810,606	76602
GRF	745407	National Guard Benefits	$	400,000	$	400,000	76603
GRF	745409	Central Administration	$	2,692,098	$	~~2,692,098~~ 2,682,098	76604
GRF	745499	Army National Guard	$	3,687,888	$	3,689,871	76605
TOTAL GRF General Revenue Fund			$	8,602,900	$	~~8,604,883~~ 8,594,883	76606

General Services Fund Group	76607

5340	745612	Property Operations Management	$	534,304	$	534,304	76608
5360	745605	Marksmanship Activities	$	128,600	$	128,600	76609
5360	745620	Camp Perry and Buckeye Inn Operations	$	1,178,311	$	978,846	76610
5370	745604	Ohio National Guard Facilities Maintenance	$	62,000	$	62,000	76611
TOTAL GSF General Services Fund Group			$	1,903,215	$	1,703,750	76612

Federal Special Revenue Fund Group	76613

3410	745615	Air National Guard Base Security	$	2,977,692	$	2,977,692	76614
3420	745616	Army National Guard Service Agreement	$	10,970,050	$	10,970,050	76615
3E80	745628	Air National Guard Operations and Maintenance	$	16,958,595	$	16,958,595	76616
3R80	745603	Counter Drug Operations	$	25,000	$	25,000	76617
TOTAL FED Federal Special Revenue Fund Group			$	30,931,337	$	30,931,337	76618

State Special Revenue Fund Group	76619

5U80	745613		Community Match Armories		$	250,000		$	250,000		76620
TOTAL SSR State Special Revenue Fund Group					$	250,000		$	250,000		76621

TOTAL ALL BUDGET FUND GROUPS

41,687,452

~~41,489,970~~ 41,479,970

76622

NATIONAL GUARD BENEFITS

76623

The foregoing appropriation item 745407, National Guard	76624
Benefits, shall be used for purposes of sections 5919.31 and	76625
5919.33 of the Revised Code, and for administrative costs of the	76626
associated programs.	76627

For active duty members of the Ohio National Guard who died	76628
after October 7, 2001, while performing active duty, the death	76629
benefit, pursuant to section 5919.33 of the Revised Code, shall be	76630
paid to the beneficiary or beneficiaries designated on the	76631
member's Servicemembers' Group Life Insurance Policy.	76632

STATE ACTIVE DUTY COSTS

76633

Of the foregoing appropriation item 745409, Central	76634
Administration, $50,000 in each fiscal year shall be used for the	76635
purpose of paying expenses related to state active duty of members	76636
of the Ohio organized militia, in accordance with a proclamation	76637
of the Governor. Expenses include, but are not limited to, the	76638
cost of equipment, supplies, and services, as determined by the	76639
Adjutant General's Department.	76640

Sec. 207.10. DAS DEPARTMENT OF ADMINISTRATIVE SERVICES

76641

General Revenue Fund	76642

GRF	100403	Public Employees Health Care Program	$	400,000	$	~~400,000~~ 344,000	76643
GRF	100415	OAKS Rental Payments	$	23,024,500	$	23,006,300	76644
GRF	100416	STARS Lease Rental Payments	$	4,970,700	$	4,971,300	76645
GRF	100418	Web Sites and Business Gateway	$	2,895,063	$	~~2,795,176~~ 0	76646
GRF	100419	IT Security Infrastructure	$	742,535	$	~~742,648~~ 0	76647
GRF	100439	Equal Opportunity Certification Programs	$	625,000	$	~~625,000~~ 0	76648
GRF	100447	OBA - Building Rent Payments	$	53,260,000	$	83,504,200	76649
GRF	100448	OBA - Building Operating Payments	$	21,000,000	$	~~21,000,000~~ 20,000,000	76650
GRF	100449	DAS - Building Operating Payments	$	7,551,245	$	7,551,571	76651
GRF	100451	Minority Affairs	$	24,016	$	~~24,016~~ 0	76652
GRF	100452	Efficiency & Results Program	$	0	$	650,000	76653
GRF	100456	State IT Services	$	0	$	3,537,824	76654
GRF	100457	Equal Opportunity Services	$	0	$	1,610,516	76655
GRF	100458	State Construction Management Services	$	0	$	2,745,751	76656
GRF	102321	Construction Compliance	$	920,000	$	~~920,000~~ 0	76657
GRF	130321	State Agency Support Services	$	2,779,457	$	~~2,780,032~~ 2,752,232	76658
TOTAL GRF General Revenue Fund			$	118,192,516	$	~~148,320,243~~ 150,673,694	76659

General Services Fund Group	76660

1120	100616	DAS Administration	$	5,974,625	$	~~5,886,524~~ 5,827,659	76661
1150	100632	Central Service Agency	$	911,995	$	~~912,305~~ 903,182	76662
1170	100644	General Services Division - Operating	$	13,000,000	$	13,000,000	76663
1220	100637	Fleet Management	$	3,978,827	$	~~4,204,066~~ 4,412,025	76664
1250	100622	Human Resources Division - Operating	$	16,922,295	$	~~16,717,009~~ 16,549,839	76665
1250	100657	Benefits Communication	$	925,586	$	~~921,531~~ 912,316	76666
1280	100620	Collective Bargaining	$	3,462,529	$	~~3,464,148~~ 3,429,507	76667
1300	100606	Risk Management Reserve	$	10,349,494	$	~~12,149,884~~ 12,028,385	76668
1310	100639	State Architect's Office	$	9,812,132	$	~~9,813,342~~ 9,463,342	76669
1320	100631	DAS Building Management	$	11,000,000	$	11,000,000	76670
1330	100607	IT Services Delivery	$	58,088,940	$	~~58,103,005~~ 57,521,975	76671
1880	100649	Equal Opportunity Division - Operating	$	939,559	$	863,013	76672
2100	100612	State Printing	$	17,597,054	$	16,659,526	76673
2290	100630	IT Governance	$	14,000,000	$	14,000,000	76674
2290	100640	Leveraged Enterprise Purchases	$	3,000,000	$	~~3,000,000~~ 2,816,535	76675
4270	100602	Investment Recovery	$	4,100,000	$	~~4,100,000~~ 4,000,000	76676
4N60	100617	Major IT Purchases	$	1,950,000	$	4,950,000	76677
4P30	100603	DAS Information Services	$	5,047,565	$	~~4,979,392~~ 4,929,598	76678
5C20	100605	MARCS Administration	$	14,075,705	$	14,077,467	76679
5C30	100608	Skilled Trades	$	404,297	$	~~404,375~~ 204,375	76680
5EB0	100635	OAKS Support Organization	$	19,000,539	$	~~19,003,108~~ 18,813,077	76681
5EB0	100656	OAKS Updates and Developments	$	12,265,952	$	~~8,743,462~~ 8,656,027	76682
5HU0	100655	Construction Reform Demo Compliance	$	150,000	$	150,000	76683
5L70	100610	Professional Development	$	2,496,679	$	2,496,760	76684
5V60	100619	Employee Educational Development	$	800,000	$	850,000	76685
5X30	100634	Centralized Gateway Enhancement	$	2,052,308	$	2,052,308	76686
TOTAL GSF General Services Fund							76687
Group			$	232,306,081	$	~~232,501,225~~ 230,566,916	76688

Federal Special Revenue Fund Group	76689

3AJ0	100654	ARRA Broadband Mapping Grant	$	270,756	$	106,347	76690
TOTAL FED Federal Special Revenue							76691
Fund Group			$	270,756	$	106,347	76692

State Special Revenue Fund Group	76693

5JQ0	100658	~~Professions~~ Professionals Licensing System	$	2,000,000	$	~~1,000,000~~ 990,000	76694
TOTAL SSR State Special Revenue							76695
Fund Group			$	2,000,000	$	~~1,000,000~~ 990,000	76696
TOTAL ALL BUDGET FUND GROUPS			$	352,769,353	$	~~381,927,815~~ 382,336,957	76697

Sec. 207.10.80. DAS - BUILDING OPERATING PAYMENTS

76699

The foregoing appropriation item 100449, DAS - Building	76700
Operating Payments, shall be used to pay the rent expenses of	76701
veterans organizations pursuant to section 123.024 of the Revised	76702
Code in fiscal years 2012 and 2013.	76703

The foregoing appropriation item, 100449, DAS - Building	76704
Operating Payments, also may be used to provide funding for the	76705
cost of property appraisals or building studies that the	76706
Department of Administrative Services may be required to obtain	76707
for property that is being sold by the state or property under	76708
consideration to be renovated or purchased by the state.	76709

Notwithstanding section 125.28 of the Revised Code, the	76710
remaining portion of the appropriation may be used to pay the	76711
operating expenses of state facilities maintained by the	76712
Department of Administrative Services that are not billed to	76713
building tenants, or other costs associated with the Voinovich	76714
Center in Youngstown, Ohio. These expenses may include, but are	76715
not limited to, the costs for vacant space and space undergoing	76716
renovation, and the rent expenses of tenants that are relocated	76717
because of building renovations. These payments shall be processed	76718
by the Department of Administrative Services through intrastate	76719
transfer vouchers and placed in the Building Management Fund (Fund	76720
1320).	76721

STATE IT SERVICES

76722

The foregoing appropriation item 100456, State IT Services,	76723
shall be used to pay costs associated with the Ohio Business	76724
Gateway, State Portal, and Shared Hosting Service that were	76725
formerly paid from appropriation item 100418, Web Sites and	76726
Business Gateway, and costs associated with statewide operators	76727
and the Ohio Geographically Referenced Information Program that	76728
were formerly paid from appropriation item 100419, IT Security	76729
Infrastructure. The Director of Budget and Management shall cancel	76730
any existing encumbrances against appropriation items 100418, Web	76731
Site and Business Gateway and 100419, IT Security Infrastructure,	76732
and reestablish them against appropriation item 100456, State IT	76733
Services. The reestablished encumbrance amounts are hereby	76734
appropriated.	76735

EQUAL OPPORTUNITY SERVICES

76736

The foregoing appropriation item 100457, Equal Opportunity	76737
Services, shall be used to pay costs associated with the	76738
certification of businesses for participation in the Minority	76739
Business Enterprise and Encouraging Diversity, Growth and Equity	76740
Programs that were formerly paid from appropriation item 100439,	76741
Equal Opportunity Certification Programs; the activities of the	76742
Ohio Dr. Martin Luther King, Jr. Holiday Commission that were	76743
formerly paid from appropriation item 100451, Minority Affairs;	76744
and the monitoring of equal employment opportunity (EEO) and	76745
affirmative action requirements to ensure contractors bidding on	76746
and receiving contracts comply with EEO laws, rules, and	76747
regulations that were formerly paid from appropriation item	76748
102321, Construction Compliance. The Director of Budget and	76749
Management shall cancel any existing encumbrances against	76750
appropriation items 100439, Equal Opportunity Certification	76751
Programs; 100451, Minority Affairs; and 102321, Construction	76752
Compliance, and reestablish them against appropriation item	76753
100457, Equal Opportunity Services. The reestablished encumbrance	76754
amounts are hereby appropriated.	76755

STATE CONSTRUCTION MANAGEMENT SERVICES

76756

The foregoing appropriation item 100458, State Construction	76757
Management Services, shall be used to pay costs of statewide	76758
shared construction-related services and capital improvement	76759
project management services provided through the state's	76760
enterprise resource planning system.	76761

CASH TRANSFER FROM THE WORKFORCE DEVELOPMENT FUND TO THE	76762
HUMAN RESOURCES SERVICES FUND	76763

Upon request of the Director of Administrative Services, in	76764
FY 2013, the Director of Budget and Management shall transfer up	76765
to $975,000 from the Workforce Development Fund (Fund 5D70) to the	76766
Human Resources Services Fund (Fund 1250) to support one-time	76767
human resources administration activities for state agencies.	76768

Sec. 207.20.10. GENERAL SERVICE CHARGES

76769

The Department of Administrative Services, with the approval	76770
of the Director of Budget and Management, shall establish charges	76771
for recovering the costs of administering the programs funded by	76772
the General Services Fund (Fund 1170) and the State Printing Fund	76773
(Fund 2100). Such charges within Fund 1170 may be used to recover	76774
the cost of paying a vendor to establish reduced pricing for	76775
contracted supplies or services.	76776

If the Director of Administrative Services determines that	76777
additional amounts are necessary to pay for consulting and	76778
administrative costs related to securing lower pricing, the	76779
Director of Administrative Services may request that the Director	76780
of Budget and Management approve additional expenditures. Such	76781
approved additional amounts are appropriated to appropriation item	76782
100644, General Services Division-Operating.	76783

Sec. 207.20.30. EQUAL OPPORTUNITY PROGRAM

76784

The Department of Administrative Services, with the approval	76785
of the Director of Budget and Management, shall establish charges	76786
for recovering the costs of administering the activities supported	76787
by the State EEO Fund (Fund 1880). These charges shall be	76788
deposited to the credit of the State EEO Fund (Fund 1880) upon	76789
payment made by state agencies, state-supported or state-assisted	76790
institutions of higher education, and tax-supported agencies,	76791
municipal corporations, and other political subdivisions of the	76792
state, for services rendered.	76793

LEVERAGED ENTERPRISE PURCHASES

76794

The foregoing appropriation item 100640, Leveraged Enterprise	76795
Purchases, shall be used by the Department of Administrative	76796
Services to make information technology purchases for the benefit	76797
of one or more government entities as authorized under division	76798
(G) of section 125.18 of the Revised Code. If the Director of	76799
Administrative Services determines that the existing appropriation	76800
is insufficient to timely make such purchases, the Director of	76801
Administrative Services shall seek Controlling Board approval for	76802
an increase in appropriation to make the requested purchases.	76803

Sec. 207.20.90. ~~CASH TRANSFERS FROM THE MAJOR IT PURCHASES~~	76804
~~FUND~~	76805

~~Upon request of the Director of Administrative Services, the~~	76806
~~Director of Budget and Management may make the following transfers~~	76807
~~from the Major IT Purchases Fund (Fund 4N60):~~	76808

~~(1) Up to $2,800,000 in each fiscal year of the biennium to~~	76809
~~the State Architect's Fund (Fund 1310) to support the OAKS Capital~~	76810
~~Improvements Module and other costs of the State Architect's~~	76811
~~Office that are not directly related to capital projects managed~~	76812
~~by the State Architect;~~	76813

~~(2) Up to $310,276 in fiscal year 2012 and up to $305,921 in~~	76814
~~fiscal year 2013 to the Director's Office Fund (Fund 1120) to~~	76815
~~support operating expenses of the Accountability and Results~~	76816
~~Initiative.~~	76817

CASH TRANSFERS TO THE MAJOR IT PURCHASES FUND

76818

Upon request of the Director of Administrative Services, the	76819
Director of Budget and Management may transfer up to $4,000,000	76820
from the OAKS Support Organization Fund (Fund 5EB0) to the Major	76821
IT Purchases Fund (Fund 4N60). This amount represents cash	76822
transferred from Fund 4N60 during fiscal year 2010 pursuant to	76823
Section 207.30.80 of Am. Sub. H.B. 1 of the 128th General	76824
Assembly. Any portion of appropriation item 100617, Major IT	76825
Purchases, that is unencumbered and unexpended at the end of	76826
fiscal year 2012 is hereby reappropriated for fiscal year 2013.	76827

Sec. 209.10. AGE DEPARTMENT OF AGING

76828

General Revenue Fund	76829

GRF	490321	Operating Expenses	$	1,501,616	$	~~1,502,442~~ 1,487,418	76830
GRF	490410	Long-Term Care Ombudsman	$	482,271	$	~~482,271~~ 477,448	76831
GRF	490411	Senior Community Services	$	7,130,952	$	~~7,131,236~~ 7,060,844	76832
GRF	490414	Alzheimer's Respite	$	1,917,740	$	~~1,917,757~~ 1,895,245	76833
GRF	490423	Long-Term Care Budget - State	$	3,419,250	$	~~3,419,250~~ 3,385,057	76834
GRF	490506	National Senior Service Corps	$	241,413	$	241,413	76835
TOTAL GRF General Revenue Fund			$	14,693,242	$	~~14,694,369~~ 14,547,425	76836

General Services Fund Group	76837

4800	490606	Senior Community Outreach and Education	$	372,518	$	372,523	76838
TOTAL GSF General Services Fund							76839
Group			$	372,518	$	372,523	76840

Federal Special Revenue Fund Group	76841

3220	490618	Federal Aging Grants	$	14,000,000	$	14,000,000	76842
3C40	490623	Long-Term Care Budget	$	3,525,000	$	3,525,000	76843
3M40	490612	Federal Independence Services	$	63,655,080	$	63,655,080	76844
TOTAL FED Federal Special Revenue							76845
Fund Group			$	81,180,080	$	81,180,080	76846

State Special Revenue Fund Group	76847

4C40	490609	Regional Long-Term Care Ombudsman Program	$	935,000	$	~~935,000~~ 2,435,000	76848
5BA0	490620	Ombudsman Support	$	750,000	$	750,000	76849
5K90	490613	Long-Term Care Consumers Guide	$	1,059,400	$	1,059,400	76850
5W10	490616	Resident Services Coordinator Program	$	344,692	$	344,700	76851
TOTAL SSR State Special Revenue							76852
Fund Group			$	3,089,092	$	~~3,089,100~~ 4,589,100	76853
TOTAL ALL BUDGET FUND GROUPS			$	99,334,932	$	~~99,336,072~~ 100,689,128	76854

Sec. 209.20. LONG-TERM CARE

76856

Pursuant to an interagency agreement, the Department of Job	76857
and Family Services ~~shall~~may designate the Department of Aging to	76858
perform assessments under section 5111.204 of the Revised Code.	76859
The Department of Aging shall provide long-term care consultations	76860
under section 173.42 of the Revised Code to assist individuals in	76861
planning for their long-term health care needs.	76862

The Department of Aging shall administer the Medicaid	76863
waiver-funded PASSPORT Home Care Program, the Choices Program, the	76864
Assisted Living Program, and the PACE Program as delegated by the	76865
Department of Job and Family Services in an interagency agreement.	76866
The foregoing appropriation items 490423, Long-Term Care Budget -	76867
State, and 490623, Long-Term Care Budget, may be used to support	76868
the Department of Aging's administrative costs associated with	76869
operating the PASSPORT, Choices, Assisted Living, and PACE	76870
programs.	76871

Sec. 209.30. LONG-TERM CARE OMBUDSMAN

76872

The foregoing appropriation item 490410, Long-Term Care	76873
Ombudsman, shall be used for a program to fund ombudsman program	76874
activities as authorized in sections 173.14 to 173.27 and section	76875
173.99 of the Revised Code.	76876

SENIOR COMMUNITY SERVICES

76877

The foregoing appropriation item 490411, Senior Community	76878
Services, shall be used for services designated by the Department	76879
of Aging, including, but not limited to, home-delivered and	76880
congregate meals, transportation services, personal care services,	76881
respite services, adult day services, home repair, care	76882
coordination, and decision support systems. Service priority shall	76883
be given to low income, frail, and cognitively impaired persons 60	76884
years of age and over. The department shall promote cost sharing	76885
by service recipients for those services funded with senior	76886
community services funds, including, when possible, sliding-fee	76887
scale payment systems based on the income of service recipients.	76888

ALZHEIMER'S RESPITE

76889

The foregoing appropriation item 490414, Alzheimer's Respite,	76890
shall be used to fund only Alzheimer's disease services under	76891
section 173.04 of the Revised Code.	76892

SENIOR COMMUNITY OUTREACH AND EDUCATION

76893

The foregoing appropriation item 490606, Senior Community	76894
Outreach and Education, may be used to provide training to workers	76895
in the field of aging pursuant to division (G) of section 173.02	76896
of the Revised Code.	76897

TRANSFER OF APPROPRIATIONS - FEDERAL INDEPENDENCE SERVICES	76898
AND FEDERAL AGING GRANTS	76899

At the request of the Director of Aging, the Director of	76900
Budget and Management may transfer appropriation between	76901
appropriation items 490612, Federal Independence Services, and	76902
490618, Federal Aging Grants. The amounts transferred shall not	76903
exceed 30 per cent of the appropriation from which the transfer is	76904
made. Any transfers shall be reported by the Department of Aging	76905
to the Controlling Board at the next scheduled meeting of the	76906
board.	76907

REGIONAL LONG-TERM CARE OMBUDSMAN PROGRAM

76908

~~The~~Of the foregoing appropriation item 490609, Regional	76909
Long-Term Care Ombudsman Program, $935,000 in each fiscal year	76910
shall be used to pay the costs of operating the regional long-term	76911
care ombudsman programs designated by the Long-Term Care	76912
Ombudsman.	76913

Notwithstanding division (B) of section 173.26 of the Revised	76914
Code, of the foregoing appropriation item 490609, Regional	76915
Long-Term Care Ombudsman Program, $1,500,000 in fiscal year 2013	76916
shall be used for costs associated with the Aging in Place Pilot	76917
Program.	76918

TRANSFER OF RESIDENT PROTECTION FUNDS

76919

In each fiscal year, the Director of Budget and Management	76920
may transfer up to $750,000 cash from the Resident Protection Fund	76921
(Fund 4E30), which is used by the Department of Job and Family	76922
Services, to the Ombudsman Support Fund (Fund 5BA0), which is used	76923
by the Department of Aging. The moneys in the Ombudsman Support	76924
Fund may be used by the state office of the Long-Term Care	76925
Ombudsman Program and by regional ombudsman programs to promote	76926
person-centered care in nursing homes.	76927

On July 1, 2011, or as soon as possible thereafter, the	76928
Department of Aging shall certify to the Director of Budget and	76929
Management the amount of the cash balance in the Ombudsman Support	76930
Fund at the end of fiscal year 2011.	76931

LONG-TERM CARE CONSUMERS GUIDE

76932

The foregoing appropriation item 490613, Long-Term Care	76933
Consumers Guide, shall be used to conduct annual customer	76934
satisfaction surveys and to pay for other administrative expenses	76935
related to the publication of the Ohio Long-Term Care Consumer	76936
Guide.	76937

During fiscal year 2012 and fiscal year 2013, the Department	76938
of Aging shall identify methods and tools for assessing consumer	76939
satisfaction with adult care facilities and with the providers of	76940
home and community-based services. The Department shall also	76941
consider the development of a provider fee structure to support	76942
the inclusion of information about adult care facilities and	76943
providers of home and community-based services among the types of	76944
providers reviewed in the Ohio Long-Term Care Consumer Guide.	76945

Sec. 211.10. AGR DEPARTMENT OF AGRICULTURE

76946

General Revenue Fund	76947

GRF	700401	Animal Disease Control	$	3,936,687	$	3,936,687	76948
GRF	700403	Dairy Division	$	1,088,115	$	1,088,115	76949
GRF	700404	Ohio Proud	$	50,000	$	50,000	76950
GRF	700406	Consumer Analytical Lab	$	1,287,556	$	1,287,556	76951
GRF	700407	Food Safety	$	848,792	$	848,792	76952
GRF	700409	Farmland Preservation	$	72,750	$	72,750	76953
GRF	700412	Weights and Measures	$	600,000	$	600,000	76954
GRF	700415	Poultry Inspection	$	392,978	$	392,978	76955
GRF	700418	Livestock Regulation Program	$	1,108,071	$	1,108,071	76956
GRF	700424	Livestock Testing and Inspections	$	102,770	$	102,770	76957
GRF	700499	Meat Inspection Program - State Share	$	4,175,097	$	4,175,097	76958
GRF	700501	County Agricultural Societies	$	391,413	$	391,413	76959
TOTAL GRF General Revenue Fund			$	14,054,229	$	14,054,229	76960

General Services Fund Group	76961

5DA0	700644	Laboratory Administration Support	$	1,094,867	$	1,094,867	76962
5GH0	700655	Central Support Indirect Cost	$	4,456,842	$	4,456,842	76963
TOTAL GSF General Services Fund Group			$	5,551,709	$	5,551,709	76964

Federal Special Revenue Fund Group	76965

3260	700618	Meat Inspection Program - Federal Share	$	4,950,000	$	4,950,000	76966
3360	700617	Ohio Farm Loan Revolving Fund	$	150,000	$	150,000	76967
3820	700601	Cooperative Contracts	$	2,000,000	$	2,000,000	76968
3AB0	700641	Agricultural Easement	$	1,000,000	$	1,000,000	76969
3J40	700607	Indirect Cost	$	600,000	$	600,000	76970
3R20	700614	Federal Plant Industry	$	1,000,000	$	1,000,000	76971
TOTAL FED Federal Special Revenue							76972
Fund Group			$	9,700,000	$	9,700,000	76973

State Special Revenue Fund Group	76974

4960	700626	Ohio Grape Industries	$	846,611	$	846,611	76975
4970	700627	Commodity Handlers Regulatory Program	$	483,402	$	483,402	76976
4C90	700605	Commercial Feed and Seed	$	1,816,897	$	1,816,897	76977
4D20	700609	Auction Education	$	41,000	$	41,000	76978
4E40	700606	Utility Radiological Safety	$	131,785	$	131,785	76979
4P70	700610	Food Safety Inspection	$	1,085,836	$	1,085,836	76980
4R00	700636	Ohio Proud Marketing	$	30,500	$	30,500	76981
4R20	700637	Dairy Industry Inspection	$	1,758,247	$	1,758,247	76982
4T60	700611	Poultry and Meat Inspection	$	180,000	$	180,000	76983
4T70	700613	Ohio Proud International and Domestic Market Development	$	50,000	$	50,000	76984
5780	700620	Ride Inspection Fees	$	1,175,142	$	1,175,142	76985
5B80	700629	Auctioneers	$	359,823	$	359,823	76986
5FC0	700648	Plant Pest Program	$	~~1,164,000~~ 3,164,000	$	1,164,000	76987
5H20	700608	Metrology Lab and Scale Certification	$	750,000	$	750,000	76988
5HP0	700656	Livestock Care Standards Board	$	80,000	$	80,000	76989
5L80	700604	Livestock Management Program	$	584,000	$	584,000	76990
6520	700634	Animal and Consumer Analytical Laboratory	$	4,366,383	$	4,366,383	76991
6690	700635	Pesticide, Fertilizer, and Lime Inspection Program	$	3,418,041	$	3,418,041	76992
TOTAL SSR State Special Revenue							76993
Fund Group			$	~~18,321,667~~ 20,321,667	$	18,321,667	76994

Clean Ohio Conservation Fund Group	76995

7057	700632		Clean Ohio Agricultural Easement		$	310,000		$	310,000		76996
TOTAL CLF Clean Ohio Conservation Fund Group					$	310,000		$	310,000		76997

TOTAL ALL BUDGET FUND GROUPS

~~47,937,605~~ 49,937,605

47,937,605

76998

COUNTY AGRICULTURAL SOCIETIES

76999

The foregoing appropriation item 700501, County Agricultural	77000
Societies, shall be used to reimburse county and independent	77001
agricultural societies for expenses related to Junior Fair	77002
activities.	77003

ABOLISHMENT OF VARIOUS FUNDS

77004

Upon the effective date of this amendment, or as soon as	77005
possible thereafter, the Director of Budget and Management shall	77006
transfer the cash balances in the following twelve funds to the	77007
Indirect Cost Fund (Fund 5GH0): (1) the Federal Grants Fund (Fund	77008
3X60), (2) the Specialty Crops Support Fund (Fund 3X70), (3) the	77009
Fruits and Vegetables Fund (Fund 4930), (4) the Dairy Fund (Fund	77010
4V00), (5) the Animal Industry Fund (Fund 4VS0), (6) the Scale	77011
Certification Fund (Fund 5790), (7) the Weights and Measures	77012
Permits Fund (Fund 58F0), (8) the Food Policy Council Fund (Fund	77013
5FD0), (9) the Sustainable Agriculture Fund (Fund 5FE0), (10) the	77014
Pilot Farmland Preservation Fund (Fund 5GS0), (11) the Farm	77015
Service Electronic Filing Fund (Fund SY70), and (12) the Seed Fund	77016
(Fund SZ40). Upon completion of the cash transfers, the funds from	77017
which the required cash transfers were made are abolished. The	77018
Director shall cancel any existing encumbrances against applicable	77019
line items within the abolished funds and reestablish them against	77020
Fund 5GH0 appropriation item 700655, Central Support Indirect	77021
Cost. The reestablished encumbrance amounts are hereby	77022
appropriated.	77023

ASIAN LONGHORNED BEETLE

77024

On the effective date of this act, or as soon as possible	77025
thereafter, the Director of Budget and Management shall transfer	77026
up to $2,000,000 in cash from the General Revenue Fund to the	77027
Plant Pest Fund (Fund 5FC0).	77028

Of the foregoing appropriation item 700648, Plant Pest	77029
Program, up to $2,000,000 in FY 2012 shall be used for	77030
reforestation and the eradication of the Asian Longhorned Beetle.	77031
Any portion of this transfer that remains unexpended and	77032
unencumbered in FY 2012 is hereby reappropriated for the same	77033
purpose in FY 2013.	77034

CLEAN OHIO AGRICULTURAL EASEMENT

77035

The foregoing appropriation item 700632, Clean Ohio	77036
Agricultural Easement, shall be used by the Department of	77037
Agriculture in administering Ohio Agricultural Easement Fund (Fund	77038
7057) projects pursuant to sections 901.21, 901.22, and 5301.67 to	77039
5301.70 of the Revised Code.	77040

Sec. 215.10. ADA DEPARTMENT OF ALCOHOL AND DRUG ADDICTION	77041
SERVICES	77042

General Revenue Fund	77043

GRF	038401	Treatment Services	$	11,225,590	$	7,020,974	77044
GRF	038404	Prevention Services	$	868,659	$	868,659	77045
GRF	038501	Medicaid Match	$	23,959,113	$	0	77046
TOTAL GRF General Revenue Fund			$	36,053,362	$	7,889,633	77047

General Services Fund	77048

5T90	038616		Problem Gambling Services		$	335,000		$	335,000		77049
TOTAL GSF General Services Fund Group					$	335,000		$	335,000		77050

Federal Special Revenue Fund Group	77051

3G40	038614	Substance Abuse Block Grant	$	69,000,000	$	69,000,000	77052
3H80	038609	Demonstration Grants	$	8,675,580	$	8,675,580	77053
3J80	038610	Medicaid	$	69,200,000	$	0	77054
3N80	038611	Administrative Reimbursement	$	300,000	$	300,000	77055
TOTAL FED Federal Special Revenue							77056
Fund Group			$	147,175,580	$	77,975,580	77057

State Special Revenue Fund Group	77058

4750	038621	Statewide Treatment and Prevention	$	16,000,000	$	~~14,000,000~~ 15,000,000	77059
5JL0	038629	Problem Casino Gambling and Addictions Fund	$	226,612	$	5,446,364	77060
5JW0	038615	Board Match Reimbursement	$	3,000,000	$	3,000,000	77061
6890	038604	Education and Conferences	$	75,000	$	75,000	77062
TOTAL SSR State Special Revenue							77063
Fund Group			$	~~19,075,000~~ 19,301,612	$	~~17,075,000~~ 23,521,364	77064
TOTAL ALL BUDGET FUND GROUPS			$	~~202,638,942~~ 202,865,554	$	~~103,275,213~~ 109,721,577	77065

Sec. 215.20. ALCOHOL AND DRUG ADDICTION MEDICAID MATCH

77067

(A) As used in this section, "community alcohol and drug	77068
addiction Medicaid services" means services provided under the	77069
component, or aspect of the component, of the Medicaid program	77070
that the Department of Alcohol and Drug Addiction Services	77071
administers pursuant to a contract entered into with the	77072
Department of Job and Family Services under section 5111.91 of the	77073
Revised Code.	77074

(B) Subject to division (C) of this section, the foregoing	77075
appropriation item 038501, Medicaid Match, shall be used by the	77076
Department of Alcohol and Drug Addiction Services to make payments	77077
for community alcohol and drug addiction Medicaid services.	77078

(C) For state fiscal year 2012, the Department shall allocate	77079
foregoing appropriation item 038501, Medicaid Match, and a portion	77080
of appropriation item 038621, Statewide Treatment and Prevention,	77081
to boards of alcohol, drug addiction, and mental health services	77082
in accordance with a distribution methodology the Department shall	77083
establish. Notwithstanding sections 5111.911 and 5111.913 of the	77084
Revised Code, the boards shall use the funds allocated to them	77085
under this section to pay claims for community alcohol and drug	77086
addiction Medicaid services provided during fiscal year 2012. The	77087
boards shall use all federal financial participation that the	77088
Department receives for claims paid for community alcohol and drug	77089
addiction Medicaid services provided during fiscal year 2012 as	77090
the first payment source to pay claims for community alcohol and	77091
drug addiction Medicaid services provided during fiscal year 2012.	77092
The boards are not required to use any funds other than the funds	77093
allocated to them under this section and the federal financial	77094
participation received for claims for community alcohol and drug	77095
addiction Medicaid services provided during fiscal year 2012 to	77096
pay for such claims.	77097

(D) The Department shall enter into an agreement with each	77098
board regarding the issue of paying claims that are for community	77099
alcohol and drug addiction Medicaid services provided before July	77100
1, 2011, and submitted for payment on or after that date. Such	77101
claims shall be paid in accordance with the agreements. A board	77102
shall receive the federal financial participation received for	77103
claims for community alcohol and drug addiction Medicaid services	77104
that were provided before July 1, 2011, and paid by the board.	77105

STATEWIDE TREATMENT AND PREVENTION

77106

Of the foregoing appropriation item 038621, Statewide	77107
Treatment and Prevention, up to $1,000,000 in fiscal year 2013	77108
shall be used to fund the pilot program for opioid- and	77109
alcohol-dependent offenders established under Section 737.70 of	77110
H.B. 487 of the 129th General Assembly.	77111

Sec. 223.10. AGO ATTORNEY GENERAL

77112

General Revenue Fund	77113

GRF	055321	Operating Expenses	$	42,514,169	$	42,514,169	77114
GRF	055405	Law-Related Education	$	100,000	$	100,000	77115
GRF	055411	County Sheriffs' Pay Supplement	$	757,921	$	757,921	77116
GRF	055415	County Prosecutors' Pay Supplement	$	831,499	$	831,499	77117
TOTAL GRF General Revenue Fund			$	44,203,589	$	44,203,589	77118

General Services Fund Group	77119

1060	055612	General Reimbursement	$	43,357,968	$	43,011,277	77120
1950	055660	Workers' Compensation Section	$	8,415,504	$	8,415,504	77121
4180	055615	Charitable Foundations	$	7,286,000	$	7,286,000	77122
4200	055603	Attorney General Antitrust	$	1,871,674	$	1,839,074	77123
4210	055617	Police Officers' Training Academy Fee	$	2,124,942	$	2,088,805	77124
4Z20	055609	BCI Asset Forfeiture and Cost Reimbursement	$	1,529,685	$	1,521,731	77125
5900	055633	Peace Officer Private Security Fund	$	98,370	$	98,370	77126
5A90	055618	Telemarketing Fraud Enforcement	$	7,500	$	7,500	77127
5L50	055619	Law Enforcement Assistance Program	$	300,222	$	0	77128
5LR0	055655	Peace Officer Training - Casino	$	192,620	$	4,629,409	77129
6310	055637	Consumer Protection Enforcement	$	3,799,115	$	3,718,973	77130
TOTAL GSF General Services Fund							77131
Group			$	~~68,790,980~~ 68,983,600	$	~~67,987,234~~ 72,616,643	77132

Federal Special Revenue Fund Group	77133

3060	055620	Medicaid Fraud Control	$	4,211,235	$	4,122,399	77134
3810	055611	Civil Rights Legal Service	$	402,540	$	402,540	77135
3830	055634	Crime Victims Assistance	$	13,000,000	$	13,000,000	77136
3E50	055638	Attorney General Pass-Through Funds	$	1,223,606	$	1,222,172	77137
3R60	055613	Attorney General Federal Funds	$	3,823,251	$	3,673,251	77138
TOTAL FED Federal Special Revenue							77139
Fund Group			$	22,660,632	$	22,420,362	77140

State Special Revenue Fund Group	77141

4020	055616	Victims of Crime	$	26,000,000	$	26,000,000	77142
4170	055621	Domestic Violence Shelter	$	25,000	$	25,000	77143
4190	055623	Claims Section	$	44,197,843	$	41,953,025	77144
4L60	055606	DARE Programs	$	4,477,962	$	4,477,962	77145
4Y70	055608	Title Defect Recision	$	600,000	$	600,000	77146
6590	055641	Solid and Hazardous Waste Background Investigations	$	662,227	$	651,049	77147
TOTAL SSR State Special Revenue							77148
Fund Group			$	75,963,032	$	73,707,036	77149

Holding Account Redistribution Fund Group	77150

R004	055631	General Holding Account	$	1,000,000	$	1,000,000	77151
R005	055632	Antitrust Settlements	$	1,000	$	1,000	77152
R018	055630	Consumer Frauds	$	750,000	$	750,000	77153
R042	055601	Organized Crime Commission Distributions	$	25,025	$	25,025	77154
R054	055650	Collection Outside Counsel Payments	$	4,500,000	$	4,500,000	77155
TOTAL 090 Holding Account							77156
Redistribution Fund Group			$	6,276,025	$	6,276,025	77157

Tobacco Master Settlement Agreement Fund Group	77158

J087	055635	Law Enforcement Technology, Training, and Facility Enhancements	$	2,300,000	$	0	77159
U087	055402	Tobacco Settlement Oversight, Administration, and Enforcement	$	2,527,992	$	2,514,690	77160
TOTAL TSF Tobacco Master Settlement Agreement Fund Group			$	4,827,992	$	2,514,690	77161
TOTAL ALL BUDGET FUND GROUPS			$	~~222,722,250~~ 222,914,870	$	~~217,108,936~~ 221,738,345	77162

COUNTY SHERIFFS' PAY SUPPLEMENT

77163

The foregoing appropriation item 055411, County Sheriffs' Pay	77164
Supplement, shall be used for the purpose of supplementing the	77165
annual compensation of county sheriffs as required by section	77166
325.06 of the Revised Code.	77167

At the request of the Attorney General, the Director of	77168
Budget and Management may transfer appropriation from	77169
appropriation item 055321, Operating Expenses, to appropriation	77170
item 055411, County Sheriffs' Pay Supplement. Any appropriation so	77171
transferred shall be used to supplement the annual compensation of	77172
county sheriffs as required by section 325.06 of the Revised Code.	77173

COUNTY PROSECUTORS' PAY SUPPLEMENT

77174

The foregoing appropriation item 055415, County Prosecutors'	77175
Pay Supplement, shall be used for the purpose of supplementing the	77176
annual compensation of certain county prosecutors as required by	77177
section 325.111 of the Revised Code.	77178

At the request of the Attorney General, the Director of	77179
Budget and Management may transfer appropriation from	77180
appropriation item 055321, Operating Expenses, to appropriation	77181
item 055415, County Prosecutors' Pay Supplement. Any appropriation	77182
so transferred shall be used to supplement the annual compensation	77183
of county prosecutors as required by section 325.111 of the	77184
Revised Code.	77185

GENERAL REIMBURSEMENT FUND

77186

Notwithstanding any other provision of law to the contrary,	77187
on July 1, 2011, or as soon as possible thereafter, the Director	77188
of Budget and Management shall transfer $160,000 cash from the	77189
General Revenue Fund to the General Reimbursement Fund (Fund 1060)	77190
used by the Office of the Attorney General.	77191

WORKERS' COMPENSATION SECTION

77192

The Workers' Compensation Fund (Fund 1950) is entitled to	77193
receive payments from the Bureau of Workers' Compensation and the	77194
Ohio Industrial Commission at the beginning of each quarter of	77195
each fiscal year to fund legal services to be provided to the	77196
Bureau of Workers' Compensation and the Ohio Industrial Commission	77197
during the ensuing quarter. The advance payment shall be subject	77198
to adjustment.	77199

In addition, the Bureau of Workers' Compensation shall	77200
transfer payments at the beginning of each quarter for the support	77201
of the Workers' Compensation Fraud Unit.	77202

All amounts shall be mutually agreed upon by the Attorney	77203
General, the Bureau of Workers' Compensation, and the Ohio	77204
Industrial Commission.	77205

ATTORNEY GENERAL PASS-THROUGH FUNDS

77206

The foregoing appropriation item 055638, Attorney General	77207
Pass-Through Funds, shall be used to receive federal grant funds	77208
provided to the Attorney General by other state agencies,	77209
including, but not limited to, the Department of Youth Services	77210
and the Department of Public Safety.	77211

GENERAL HOLDING ACCOUNT

77212

The foregoing appropriation item 055631, General Holding	77213
Account, shall be used to distribute moneys under the terms of	77214
relevant court orders or other settlements received in a variety	77215
of cases involving the Office of the Attorney General. If it is	77216
determined that additional amounts are necessary for this purpose,	77217
the amounts are hereby appropriated.	77218

ANTITRUST SETTLEMENTS

77219

The foregoing appropriation item 055632, Antitrust	77220
Settlements, shall be used to distribute moneys under the terms of	77221
relevant court orders or other out of court settlements in	77222
antitrust cases or antitrust matters involving the Office of the	77223
Attorney General. If it is determined that additional amounts are	77224
necessary for this purpose, the amounts are hereby appropriated.	77225

CONSUMER FRAUDS

77226

The foregoing appropriation item 055630, Consumer Frauds,	77227
shall be used for distribution of moneys from court-ordered	77228
judgments against sellers in actions brought by the Office of	77229
Attorney General under sections 1334.08 and 4549.48 and division	77230
(B) of section 1345.07 of the Revised Code. These moneys shall be	77231
used to provide restitution to consumers victimized by the fraud	77232
that generated the court-ordered judgments. If it is determined	77233
that additional amounts are necessary for this purpose, the	77234
amounts are hereby appropriated.	77235

ORGANIZED CRIME COMMISSION DISTRIBUTIONS

77236

The foregoing appropriation item 055601, Organized Crime	77237
Commission Distributions, shall be used by the Organized Crime	77238
Investigations Commission, as provided by section 177.011 of the	77239
Revised Code, to reimburse political subdivisions for the expenses	77240
the political subdivisions incur when their law enforcement	77241
officers participate in an organized crime task force. If it is	77242
determined that additional amounts are necessary for this purpose,	77243
the amounts are hereby appropriated.	77244

COLLECTION OUTSIDE COUNSEL PAYMENTS

77245

The foregoing appropriation item 055650, Collection Outside	77246
Counsel Payments, shall be used for the purpose of paying	77247
contingency counsel fees for cases where debtors mistakenly paid	77248
the client agencies instead of the Attorney General's Revenue	77249
Recovery/Collections Enforcement Section. If it is determined that	77250
additional amounts are necessary for this purpose, the amounts are	77251
hereby appropriated.	77252

Sec. 229.10. OBM OFFICE OF BUDGET AND MANAGEMENT

77253

General Revenue Fund	77254

GRF	042321	Budget Development and Implementation	$	2,362,025	$	~~2,378,166~~ 2,353,166	77255
GRF	042409	Commission Closures	$	50,000	$	50,000	77256
GRF	042416	Office of Health Transformation	$	306,285	$	0 499,252	77257
GRF	042423	Liquor Enterprise Transaction	$	500,000	$	0	77258
TOTAL GRF General Revenue Fund			$	3,218,310	$	~~2,428,166~~ 2,902,418	77259

General Services Fund Group	77260

1050	042603	State Accounting and Budgeting	$	~~21,917,230~~ 21,158,069	$	~~22,006,331~~ 22,262,185	77261
5N40	042602	OAKS Project Implementation	$	1,358,000	$	~~1,309,500~~ 1,296,000	77262
5Z80	042608	Office of Health Transformation Administration	$	57,752	$	0	77263
TOTAL GSF General Services Fund Group			$	~~23,332,982~~ 22,573,821	$	~~23,315,831~~ 23,558,185	77264

Federal Special Revenue Fund Group	77265

3CM0	042606		Office of Health Transformation - Federal		$	384,037		$	~~145,500~~ 438,723		77266
TOTAL FED Federal Special Revenue Fund Group					$	384,037		$	~~145,500~~ 438,723		77267

Agency Fund Group	77268

5EH0	042604	Forgery Recovery	$	50,000	$	~~50,000~~ 49,000	77269
TOTAL AGY Agency Fund Group			$	50,000	$	~~50,000~~ 49,000	77270
TOTAL ALL BUDGET FUND GROUPS			$	~~26,985,329~~ 26,226,168	$	~~25,939,497~~ 26,948,326	77271

COMMISSION CLOSURES

77272

The foregoing appropriation item 042409, Commission Closures,	77273
may be used to pay obligations associated with the closure of the	77274
Commission on Dispute Resolution and Conflict Management, the	77275
School Employees Health Care Board, the Legal Rights Service, and	77276
the Workers' Compensation Council. Notwithstanding any provision	77277
of law to the contrary, this appropriation item may also be used	77278
to pay final payroll expenses occurring after the closure of the	77279
Commission on Dispute Resolution and Conflict Management, the	77280
School Employees Health Care Board, the Legal Rights Service, and	77281
the Workers' Compensation Council in the event that appropriations	77282
or cash in the closing agency are insufficient to do so.	77283

The Director of Budget and Management may request Controlling	77284
Board approval for funds to be transferred to appropriation item	77285
042409, Commission Closures, from appropriation item 911614, CB	77286
Emergency Purposes, for anticipated expenses associated with	77287
agency closures.	77288

LIQUOR ENTERPRISE TRANSACTION

77289

The foregoing appropriation item 042423, Liquor Enterprise	77290
Transaction, shall be used by the Director of Budget and	77291
Management, without need for any other approval, to retain or	77292
contract for the services of commercial appraisers, underwriters,	77293
investment bankers, and financial advisers, as are necessary in	77294
the Director's judgment to commence negotiation of the transfer	77295
agreement referred to in sections 4313.01 and 4313.02 of the	77296
Revised Code, as enacted by ~~this act~~Am. Sub. H.B. 153 of the	77297
129th General Assembly. Any amounts expended from appropriation	77298
item 042423 shall be reimbursed from the proceeds of the	77299
enterprise acquisition project transaction authorized in those	77300
sections.	77301

The Director of Budget and Management, in consultation with	77302
the Director of Commerce, may negotiate an initial agreement with	77303
JobsOhio, which shall be executed by the Directors of Budget and	77304
Management and Commerce upon its completion.	77305

AUDIT COSTS AND DUES

77306

All centralized audit costs associated with either Single	77307
Audit Schedules or financial statements prepared in conformance	77308
with generally accepted accounting principles for the state shall	77309
be paid from the foregoing appropriation item 042603, State	77310
Accounting and Budgeting.	77311

Costs associated with the audit of the Auditor of State and	77312
national association dues shall be paid from the foregoing	77313
appropriation item 042321, Budget Development and Implementation.	77314

SHARED SERVICES CENTER

77315

The Director of Budget and Management shall use the OAKS	77316
Project Implementation Fund (Fund 5N40) and the Accounting and	77317
Budgeting Fund (Fund 1050) to support a Shared Services Center	77318
within the Office of Budget and Management for the purpose of	77319
consolidating statewide business functions and common	77320
transactional processes.	77321

The Director of Budget and Management shall include the	77322
recovery of costs to operate the Shared Services Center in the	77323
accounting and budgeting services payroll rate and through a	77324
direct charge using intrastate transfer vouchers to agencies for	77325
services rendered. The Director of Budget and Management shall	77326
determine the cost recovery methodology. Such cost recovery	77327
revenues shall be deposited to the credit of Fund 1050.	77328

INTERNAL CONTROL AND AUDIT OVERSIGHT

77329

The Director of Budget and Management shall include the	77330
recovery of costs to operate the Internal Control and Audit	77331
Oversight Program in the accounting and budgeting services payroll	77332
rate and through a direct charge using intrastate transfer	77333
vouchers to agencies reviewed by the program. The Director of	77334
Budget and Management, with advice from the Internal Audit	77335
Advisory Council, shall determine the cost recovery methodology.	77336
Such cost recovery revenues shall be deposited to the credit of	77337
the Accounting and Budgeting Fund (Fund 1050).	77338

FORGERY RECOVERY

77339

The foregoing appropriation item 042604, Forgery Recovery,	77340
shall be used to reissue warrants that have been certified as	77341
forgeries by the rightful recipient as determined by the Bureau of	77342
Criminal Identification and Investigation and the Treasurer of	77343
State. Upon receipt of funds to cover the reissuance of the	77344
warrant, the Director of Budget and Management shall reissue a	77345
state warrant of the same amount.	77346

GRF TRANSFER TO THE OAKS PROJECT IMPLEMENTATION FUND

77347

On July 1 of each fiscal year, or as soon as possible	77348
thereafter, the Director of Budget and Management shall transfer	77349
an amount not to exceed $1,100,000 in cash from the General	77350
Revenue Fund to the OAKS Project Implementation Fund (Fund 5N40).	77351

Sec. 243.10. COM DEPARTMENT OF COMMERCE

77352

General Services Fund Group	77353

1630	800620	Division of Administration	$	6,200,000	$	6,200,000	77354
1630	800637	Information Technology	$	5,999,892	$	6,011,977	77355
5430	800602	Unclaimed Funds-Operating	$	7,836,107	$	7,841,473	77356
5430	800625	Unclaimed Funds-Claims	$	69,700,000	$	~~69,800,000~~ 68,000,000	77357
5F10	800635	Small Government Fire Departments	$	300,000	$	300,000	77358
TOTAL GSF General Services Fund							77359
Group			$	90,035,999	$	~~90,153,450~~ 88,353,450	77360

Federal Special Revenue Fund Group	77361

3480	800622	Underground Storage Tanks	$	1,129,518	$	1,129,518	77362
3480	800624	Leaking Underground Storage Tanks	$	1,556,211	$	1,556,211	77363
TOTAL FED Federal Special Revenue							77364
Fund Group			$	2,685,729	$	2,685,729	77365

State Special Revenue Fund Group	77366

4B20	800631	Real Estate Appraisal Recovery	$	35,000	$	35,000	77367
4H90	800608	Cemeteries	$	268,067	$	268,293	77368
4X20	800619	Financial Institutions	$	2,186,271	$	~~1,990,693~~ 1,970,786	77369
5440	800612	Banks	$	7,242,364	$	~~6,942,336~~ 6,872,913	77370
5450	800613	Savings Institutions	$	2,257,220	$	2,259,536	77371
5460	800610	Fire Marshal	$	15,400,000	$	~~15,501,562~~ 15,484,574	77372
5460	800639	Fire Department Grants	$	1,698,802	$	1,698,802	77373
5470	800603	Real Estate Education/Research	$	125,000	$	~~125,000~~ 80,655	77374
5480	800611	Real Estate Recovery	$	25,000	$	25,000	77375
5490	800614	Real Estate	$	3,413,708	$	3,332,308	77376
5500	800617	Securities	$	4,312,434	$	~~4,314,613~~ 4,271,467	77377
5520	800604	Credit Union	$	3,450,390	$	~~3,450,390~~ 3,415,886	77378
5530	800607	Consumer Finance	$	3,613,016	$	~~3,516,861~~ 3,481,692	77379
5560	800615	Industrial Compliance	$	27,639,372	$	~~27,664,695~~ 27,388,048	77380
5FW0	800616	Financial Literacy Education	$	240,000	$	~~240,000~~ 200,000	77381
5GK0	800609	Securities Investor Education/Enforcement	$	1,135,000	$	~~485,000~~ 480,150	77382
5HV0	800641	Cigarette Enforcement	$	120,000	$	~~120,000~~ 118,800	77383
5LN0	800645	Liquor Operating Services	$	0	$	5,500,000	77384
5LP0	800646	Liquor Regulatory Operating Expense	$	0	$	8,500,000	77385
5X60	800623	Video Service	$	340,299	$	~~340,630~~ 337,224	77386
6530	800629	UST Registration/Permit Fee	$	1,854,675	$	~~1,509,653~~ 1,494,556	77387
6A40	800630	Real Estate Appraiser-Operating	$	699,565	$	648,890	77388
TOTAL SSR State Special Revenue							77389
Fund Group			$	76,056,183	$	~~74,469,262~~ 87,864,580	77390

Liquor Control Fund Group	77391

7043	800601	Merchandising	$	472,209,274	$	0	77392
7043	800627	Liquor Control Operating	$	13,398,274	$	~~10,110,479~~ 1,509,374	77393
7043	800633	Development Assistance Debt Service	$	51,973,200	$	0	77394
7043	800636	Revitalization Debt Service	$	21,129,800	$	0	77395
TOTAL LCF Liquor Control							77396
Fund Group			$	558,710,548	$	~~10,110,479~~ 1,509,374	77397
TOTAL ALL BUDGET FUND GROUPS			$	727,488,459	$	~~177,418,920~~ 180,413,133	77398

SMALL GOVERNMENT FIRE DEPARTMENTS

77399

Notwithstanding section 3737.17 of the Revised Code, the	77400
foregoing appropriation item 800635, Small Government Fire	77401
Departments, may be used to provide loans to private fire	77402
departments.	77403

UNCLAIMED FUNDS PAYMENTS

77404

The foregoing appropriation item 800625, Unclaimed	77405
Funds-Claims, shall be used to pay claims under section 169.08 of	77406
the Revised Code. If it is determined that additional amounts are	77407
necessary, the amounts are appropriated.	77408

UNCLAIMED FUNDS TRANSFERS

77409

Notwithstanding division (A) of section 169.05 of the Revised	77410
Code, during the FY 2012-FY 2013 biennium, the Director of Budget	77411
and Management shall request the Director of Commerce to transfer	77412
to the General Revenue Fund up to $215,000,000 of unclaimed funds	77413
that have been reported by holders of unclaimed funds under	77414
section 169.05 of the Revised Code, irrespective of the allocation	77415
of the unclaimed funds under that section. The Director of	77416
Commerce shall transfer the funds at the times requested by the	77417
Director of Budget and Management.	77418

FIRE DEPARTMENT GRANTS

77419

Of the foregoing appropriation item 800639, Fire Department	77420
Grants, up to $1,647,140 in each fiscal year shall be used to make	77421
annual grants to the following eligible recipients: volunteer fire	77422
departments, fire departments that serve one or more small	77423
municipalities or small townships, joint fire districts comprised	77424
of fire departments that primarily serve small municipalities or	77425
small townships, local units of government responsible for such	77426
fire departments, and local units of government responsible for	77427
the provision of fire protection services for small municipalities	77428
or small townships. For the purposes of these grants, a private	77429
fire company, as that phrase is defined in section 9.60 of the	77430
Revised Code, that is providing fire protection services under a	77431
contract to a political subdivision of the state, is an additional	77432
eligible recipient for a training grant.	77433

Eligible recipients that consist of small municipalities or	77434
small townships that all intend to contract with the same fire	77435
department or private fire company for fire protection services	77436
may jointly apply and be considered for a grant. If a joint	77437
applicant is awarded a grant, the State Fire Marshal shall, if	77438
feasible, proportionately award the grant and any equipment	77439
purchased with grant funds to each of the joint applicants based	77440
upon each applicant's contribution to and demonstrated need for	77441
fire protection services.	77442

If the grant awarded to joint applicants is an equipment	77443
grant and the equipment to be purchased cannot be readily	77444
distributed or possessed by multiple recipients, each of the joint	77445
applicants shall be awarded by the State Fire Marshal an ownership	77446
interest in the equipment so purchased in proportion to each	77447
applicant's contribution to and demonstrated need for fire	77448
protection services. The joint applicants shall then mutually	77449
agree on how the equipment is to be maintained, operated, stored,	77450
or disposed of. If, for any reason, the joint applicants cannot	77451
agree as to how jointly owned equipment is to be maintained,	77452
operated, stored, or disposed of or any of the joint applicants no	77453
longer maintain a contract with the same fire protection service	77454
provider as the other applicants, then the joint applicants shall,	77455
with the assistance of the State Fire Marshal, mutually agree as	77456
to how the jointly owned equipment is to be maintained, operated,	77457
stored, disposed of, or owned. If the joint applicants cannot	77458
agree how the grant equipment is to be maintained, operated,	77459
stored, disposed of, or owned, the State Fire Marshal may, in its	77460
discretion, require all of the equipment acquired by the joint	77461
applicants with grant funds to be returned to the State Fire	77462
Marshal. The State Fire Marshal may then award the returned	77463
equipment to any eligible recipients.	77464

The grants shall be used by recipients to purchase	77465
firefighting or rescue equipment or gear or similar items, to	77466
provide full or partial reimbursement for the documented costs of	77467
firefighter training, or, at the discretion of the State Fire	77468
Marshal, to cover fire department costs for providing fire	77469
protection services in that grant recipient's jurisdiction.	77470

Grant awards for firefighting or rescue equipment or gear or	77471
for fire department costs of providing fire protection services	77472
shall be up to $15,000 per fiscal year, or up to $25,000 per	77473
fiscal year if an eligible entity serves a jurisdiction in which	77474
the Governor declared a natural disaster during the preceding or	77475
current fiscal year in which the grant was awarded. In addition to	77476
any grant funds awarded for rescue equipment or gear, or for fire	77477
department costs associated with the provision of fire protection	77478
services, an eligible entity may receive a grant for up to $15,000	77479
per fiscal year for full or partial reimbursement of the	77480
documented costs of firefighter training. For each fiscal year,	77481
the State Fire Marshal shall determine the total amounts to be	77482
allocated for each eligible purpose.	77483

The grant program shall be administered by the State Fire	77484
Marshal in accordance with rules the State Fire Marshal adopts as	77485
part of the state fire code adopted pursuant to section 3737.82 of	77486
the Revised Code that are necessary for the administration and	77487
operation of the grant program. The rules may further define the	77488
entities eligible to receive grants and establish criteria for the	77489
awarding and expenditure of grant funds, including methods the	77490
State Fire Marshal may use to verify the proper use of grant funds	77491
or to obtain reimbursement for or the return of equipment for	77492
improperly used grant funds. Any amounts in appropriation item	77493
800639, Fire Department Grants, in excess of the amount allocated	77494
for these grants may be used for the administration of the grant	77495
program.	77496

CASH TRANSFERS TO THE DIVISION OF SECURITIES INVESTOR	77497
EDUCATION AND ENFORCEMENT EXPENSE FUND	77498

The Director of Budget and Management, upon the request of	77499
the Director of Commerce, shall transfer up to $485,000 in cash in	77500
each fiscal year from the Division of Securities Fund (Fund 5500)	77501
to the Division of Securities Investor Education and Enforcement	77502
Expense Fund (Fund 5GK0) created in section 1707.37 of the Revised	77503
Code.	77504

CASH TRANSFER TO VIDEO SERVICE AUTHORIZATION FUND

77505

The Director of Budget and Management, upon the request of	77506
the Director of Commerce, shall transfer up to $340,000 in cash in	77507
each fiscal year from the Division of Administration Fund (Fund	77508
1630) to the Video Service Authorization Fund (Fund 5X60).	77509

INCREASED APPROPRIATION - MERCHANDISING

77510

The foregoing appropriation item 800601, Merchandising, shall	77511
be used under section 4301.12 of the Revised Code. If it is	77512
determined that additional expenditures are necessary, the amounts	77513
are hereby appropriated.	77514

DEVELOPMENT ASSISTANCE DEBT SERVICE

77515

The foregoing appropriation item 800633, Development	77516
Assistance Debt Service, shall be used to pay debt service and	77517
related financing costs at the times they are required to be made	77518
during the period from July 1, 2011, to June 30, 2012, for bond	77519
service charges on obligations issued under Chapter 166. of the	77520
Revised Code. If it is determined that additional appropriations	77521
are necessary for this purpose, such amounts are appropriated,	77522
subject to the limitations set forth in section 166.11 of the	77523
Revised Code. An appropriation for this purpose is not required,	77524
but is made in this form and in ~~this act~~Am. Sub. H.B. 153 of the	77525
129th General Assembly for record purposes only.	77526

REVITALIZATION DEBT SERVICE

77527

The foregoing appropriation item 800636, Revitalization Debt	77528
Service, shall be used to pay debt service and related financing	77529
costs at the times they are required to be made pursuant to	77530
sections 151.01 and 151.40 of the Revised Code during the period	77531
from July 1, 2011, to June 30, 2012. If it is determined that	77532
additional appropriations are necessary for this purpose, such	77533
amounts are hereby appropriated. The General Assembly acknowledges	77534
the priority of the pledge of a portion of receipts from that	77535
source to obligations issued and to be issued under Chapter 166.	77536
of the Revised Code.	77537

LIQUOR CONTROL FUND TRANSFER

77538

On January 1, 2012, or as soon as possible thereafter, the	77539
Director of Budget and Management may transfer up to $10,600,000	77540
in cash from the General Revenue Fund to the Liquor Control Fund	77541
(Fund 7043) for the liquor permitting and compliance functions of	77542
the Division of Liquor Control in the Department of Commerce and	77543
for the operations of the Liquor Control Commission and the	77544
Department of Public Safety pursuant to Chapter 4301. of the	77545
Revised Code.	77546

On July 1, 2012, or as soon as possible thereafter, the	77547
Director of Budget and Management may transfer up to $21,800,000	77548
in cash from the General Revenue Fund to the Liquor Control Fund	77549
(Fund 7043) for the liquor permitting and compliance functions of	77550
the Division of Liquor Control in the Department of Commerce and	77551
for the operations of the Liquor Control Commission and the	77552
Department of Public Safety pursuant to Chapter 4301. of the	77553
Revised Code.	77554

On July 1, 2012, or as soon as possible thereafter, the	77555
Director of Budget and Management shall transfer $500,000 in cash	77556
from the Liquor Control Fund (Fund 7043) to the State Liquor	77557
Regulatory Fund (Fund 5LP0) created in section 4301.30 of the	77558
Revised Code.	77559

ADMINISTRATIVE ASSESSMENTS

77560

Notwithstanding any other provision of law to the contrary,	77561
the Division of Administration Fund (Fund 1630) is entitled to	77562
receive assessments from all operating funds of the Department in	77563
accordance with procedures prescribed by the Director of Commerce	77564
and approved by the Director of Budget and Management.	77565

Sec. 261.10.40. TRAVEL AND TOURISM

77566

The foregoing appropriation item 195407, Travel and Tourism,	77567
shall be used for marketing the state of Ohio as a tourism	77568
destination and to support administrative expenses and contracts	77569
necessary to market Ohio.	77570

~~STRATEGIC~~ BUSINESS ~~INVESTMENT DIVISION AND REGIONAL OFFICES~~	77571
DEVELOPMENT SERVICES	77572

The foregoing appropriation item 195415, ~~Strategic~~ Business	77573
~~Investment Division and Regional Offices~~Development Services,	77574
shall be used for the operating expenses of the ~~Strategic~~ Business	77575
~~Investment~~Services Division and the regional economic development	77576
offices and for grants for cooperative economic development	77577
ventures.	77578

Sec. 261.10.70. CLEAN OHIO IMPLEMENTATION

77579

The foregoing appropriation item 195426, Clean Ohio	77580
Implementation, shall be used to fund the costs of administering	77581
the Clean Ohio Revitalization program and other urban	77582
revitalization programs that may be implemented by the ~~Department~~	77583
of Development Services Agency.	77584

CDBG OPERATING MATCH

77585

The foregoing appropriation item 195497, CDBG Operating	77586
Match, shall be used as matching funds for grants from the United	77587
States Department of Housing and Urban Development pursuant to the	77588
Housing and Community Development Act of 1974 and regulations and	77589
policy guidelines for the programs pursuant thereto.	77590

TECHNOLOGY PROGRAMS AND GRANTS

77591

The foregoing appropriation item 195532, Technology Programs	77592
and Grants, shall be used for the same purposes as funding	77593
previously appropriated for appropriation items 195401, Thomas	77594
Edison Program, and 195422, Technology Action. Of the foregoing	77595
appropriation item 195532, Technology Programs and Grants, up to	77596
$547,341 in fiscal year 2013 shall be used for operating expenses	77597
incurred in administering the Ohio Third Frontier pursuant to	77598
sections 184.10 to 184.20 of the Revised Code; and up to	77599
$13,000,000 in fiscal year 2013 shall be used for the Thomas	77600
Edison Program pursuant to sections 122.28 to 122.38 of the	77601
Revised Code, of which not more than ten per cent shall be used	77602
for operating expenses incurred in administering the program.	77603

BUSINESS ASSISTANCE

77604

The foregoing appropriation item 195533, Business Assistance,	77605
shall be used as matching funds for grants from the United States	77606
Small Business Administration and other federal agencies, pursuant	77607
to Public Law No. 96-302 as amended by Public Law No. 98-395, and	77608
regulations and policy guidelines for the programs pursuant	77609
thereto. This appropriation item also may be used to provide	77610
grants to local organizations to support economic development	77611
activities that promote minority business development, small	77612
business development, entrepreneurship, and exports of Ohio's	77613
goods and services.	77614

APPALACHIA ASSISTANCE

77615

The foregoing appropriation item 195535, Appalachia	77616
Assistance, may be used for the administrative costs of planning	77617
and liaison activities for the Governor's Office of Appalachia, to	77618
provide financial assistance to projects in Ohio's Appalachian	77619
counties, to pay dues for the Appalachian Regional Commission, and	77620
to match federal funds from the Appalachian Regional Commission.	77621

Of the foregoing appropriation item 195535, Appalachia	77622
Assistance, up to $440,000 in fiscal year 2013 shall be used to	77623
support four local development districts. Of that amount, up to	77624
$135,000 shall be allocated to the Ohio Valley Regional	77625
Development Commission, up to $135,000 shall be allocated to the	77626
Ohio Mid-Eastern Government Association, up to $135,000 shall be	77627
allocated to the Buckeye Hills-Hocking Valley Regional Development	77628
District, and up to $35,000 shall be allocated to the Eastgate	77629
Regional Council of Governments. Local development districts	77630
receiving funding under this section shall use the funds for the	77631
implementation and administration of programs and duties under	77632
section 107.21 of the Revised Code.	77633

Sec. 261.20.40. ~~SUPPORTIVE~~DEVELOPMENT SERVICES OPERATIONS

77634

The Director of Development Services may assess ~~divisions~~	77635
offices of the ~~department~~agency for the cost of central service	77636
operations. An assessment shall contain the characteristics of	77637
administrative ease and uniform application. A division's payments	77638
shall be credited to the Supportive Services Fund (Fund 1350)	77639
using an intrastate transfer voucher.	77640

~~ECONOMIC DEVELOPMENT CONTINGENCY~~

77641

~~The foregoing appropriation item 195677, Economic Development~~	77642
~~Contingency, may be used to award funds directly to either (1)~~	77643
~~business entities considering Ohio for expansion or new site~~	77644
~~location opportunities or (2) political subdivisions to assist~~	77645
~~with necessary costs involved in attracting a business entity. In~~	77646
~~addition, the Director of Development may award funds for~~	77647
~~alternative purposes when appropriate to satisfy an economic~~	77648
~~development opportunity or need deemed extraordinary in nature by~~	77649
~~the Director.~~	77650

LEGACY PROJECTS

77651

The foregoing appropriation item 195633, Legacy Projects,	77652
shall be used to support existing grant commitments to companies	77653
incurred prior to fiscal year 2013. A portion of the appropriation	77654
item may also be used to support administrative expenses and other	77655
costs associated with these projects.	77656

~~DIRECT COST RECOVERY~~DEVELOPMENT SERVICES REIMBURSABLE	77657
EXPENDITURES	77658

The foregoing appropriation item 195636, ~~Direct Cost Recovery~~	77659
Development Services Reimbursable Expenditures, shall be used for	77660
reimbursable costs incurred by the agency. Revenues to the General	77661
Reimbursement Fund (Fund 6850) shall consist of moneys charged for	77662
administrative costs that are not central service costs.	77663

Sec. 261.20.50. WORKFORCE DEVELOPMENT INITIATIVES

77664

Any unexpended and unencumbered portion of the foregoing	77665
appropriation item 195643, Workforce Development Initiatives, at	77666
the end of fiscal year 2012 is hereby reappropriated for the same	77667
purpose in fiscal year 2013.	77668

HEAP WEATHERIZATION

77669

Up to fifteen per cent of the federal funds deposited to the	77670
credit of the Home Energy Assistance Block Grant Fund (Fund 3K90)	77671
may be expended from appropriation item 195614, HEAP	77672
Weatherization, to provide home weatherization services in the	77673
state as determined by the Director of Development Services. Any	77674
transfers or increases in appropriation for the foregoing	77675
appropriation items 195614, HEAP Weatherization, or 195611, Home	77676
Energy Assistance Block Grant, shall be subject to approval by the	77677
Controlling Board.	77678

Sec. 261.20.60. BUSINESS ASSISTANCE PROGRAMS

77679

The foregoing appropriation item 195649, Business Assistance	77680
Programs, shall be used for administrative expenses associated	77681
with the operation of tax credit programs, loan servicing, the	77682
Ohio Film Office, and the Office of Strategic Business	77683
Investments, and for payments to the JobsOhio corporation	77684
established in Chapter 187. of the Revised Code for services	77685
provided for the administration of the 166 Direct Loan Program,	77686
Ohio Enterprise Bond Fund, Research and Development Loan Program,	77687
and Innovation Ohio Loan Program.	77688

STATE SPECIAL PROJECTS

77689

The State Special Projects Fund (Fund 4F20), may be used for	77690
the deposit of private-sector funds from utility companies and for	77691
the deposit of other miscellaneous state funds. State moneys so	77692
deposited ~~shall~~may also be used to match federal housing grants	77693
for the homeless ~~and to market economic development opportunities~~	77694
~~in the state~~. Private-sector moneys shall be deposited for use in	77695
appropriation item 195699, Utility ~~Provided Funds~~Community	77696
Assistance, and shall be used to (1) pay the expenses of verifying	77697
the income-eligibility of HEAP applicants, (2) leverage additional	77698
federal funds, (3) fund special projects to assist ~~homeless~~	77699
~~individuals~~income-eligible veterans and families with services	77700
and energy assistance programs, (4) fund special projects to	77701
assist with the energy efficiency of households eligible to	77702
participate in the Percentage of Income Payment Plan, and (5)	77703
assist with training programs for agencies that administer	77704
low-income customer assistance programs.	77705

Sec. 261.20.80. MINORITY BUSINESS ENTERPRISE LOAN

77706

All repayments from the Minority Development Financing	77707
Advisory Board Loan Program and the Ohio Mini-Loan Guarantee	77708
Program shall be deposited in the State Treasury to the credit of	77709
the Minority Business Enterprise Loan Fund (Fund 4W10). Operating	77710
costs of administering the Minority Business Enterprise Loan Fund	77711
may be paid from the Minority Business Enterprise Loan Fund (Fund	77712
4W10).	77713

MINORITY BUSINESS BONDING FUND

77714

Notwithstanding Chapters 122., 169., and 175. of the Revised	77715
Code, the Director of Development Services may, upon the	77716
recommendation of the Minority Development Financing Advisory	77717
Board, pledge up to $10,000,000 in the fiscal year 2012-fiscal	77718
year 2013 biennium of unclaimed funds administered by the Director	77719
of Commerce and allocated to the Minority Business Bonding Program	77720
under section 169.05 of the Revised Code. The transfer of any cash	77721
by the Director of Budget and Management from the ~~Department of~~	77722
~~Commerce's~~ Unclaimed Funds Fund (Fund 5430) used by the Department	77723
of Commerce to the ~~Department of Development's~~ Minority Business	77724
Bonding Fund (Fund 4490) used by the Development Services Agency	77725
shall occur, if requested by the Director of Development Services,	77726
only if such funds are needed for payment of losses arising from	77727
the Minority Business Bonding Program, and only after proceeds of	77728
the initial transfer of $2,700,000 by the Controlling Board to the	77729
Minority Business Bonding Program has been used for that purpose.	77730
Moneys transferred by the Director of Budget and Management from	77731
the Department of Commerce for this purpose may be moneys in	77732
custodial funds held by the Treasurer of State. If expenditures	77733
are required for payment of losses arising from the Minority	77734
Business Bonding Program, such expenditures shall be made from	77735
appropriation item 195623, Minority Business Bonding Contingency	77736
in the Minority Business Bonding Fund, and such amounts are hereby	77737
appropriated.	77738

Sec. 261.20.90. ~~OHIO~~ INCUMBENT WORKFORCE TRAINING VOUCHERS

77739

(A) On July 1, 2011, or as soon as possible thereafter, the	77740
Director of Budget and Management shall transfer up to $20,000,000	77741
cash from the Economic Development Programs Fund (Fund 5JC0) used	77742
by the Board of Regents to the Ohio Incumbent Workforce Job	77743
Training Fund (Fund 5HR0) used by the ~~Department of~~ Development	77744
Services Agency.	77745

On July 1, 2012, or as soon as possible thereafter, the	77746
Director of Budget and Management shall transfer up to $30,000,000	77747
cash from the Economic Development Programs Fund (Fund 5JC0) used	77748
by the Board of Regents to the Ohio Incumbent Workforce Job	77749
Training Fund (Fund 5HR0) used by the ~~Department of~~ Development	77750
Services Agency.	77751

(B) Of the foregoing appropriation item 195526, ~~Ohio~~	77752
Incumbent Workforce ~~Job~~ Training Vouchers, up to $20,000,000 in	77753
fiscal year 2012 and up to $30,000,000 in fiscal year 2013 shall	77754
be used to support the Ohio Incumbent Workforce Training Voucher	77755
Program. The Director of Development Services and the Chief	77756
Investment Officer of JobsOhio may enter into an agreement to	77757
operate the program pursuant to the contract between the	77758
~~Department of~~ Development Services Agency and JobsOhio under	77759
section 187.04 of the Revised Code. The agreement may include a	77760
provision for granting, loaning, or transferring funds from	77761
appropriation item 195526, ~~Ohio~~ Incumbent Workforce ~~Job~~ Training	77762
Vouchers, to JobsOhio to provide training for incumbent workers.	77763

Any unexpended and unencumbered portion of the foregoing	77764
appropriation item 195526, Incumbent Workforce Training Vouchers,	77765
at the end of fiscal year 2012 is hereby reappropriated for the	77766
same purpose in fiscal year 2013.	77767

(C) Regardless of any agreement between the Director and the	77768
Chief Investment Officer under division (B) of this section, the	77769
Ohio Incumbent Workforce Training Voucher Program shall conform to	77770
guidelines for the operation of the program, including, but not	77771
limited to, the following:	77772

(1) A requirement that a training voucher under the program	77773
shall not exceed $6,000 per worker per year;	77774

(2) A provision for an employer of an eligible employee to	77775
apply for a voucher on behalf of the eligible employee;	77776

(3) A provision for an eligible employee to apply directly	77777
for a training voucher with the pre-approval of the employee's	77778
employer; and	77779

(4) A requirement that an employee participating in the	77780
program, or the employee's employer, shall pay for not less than	77781
thirty-three per cent of the training costs under the program.	77782

DEFENSE DEVELOPMENT ASSISTANCE

77783

On July 1 of each fiscal year, or as soon as possible	77784
thereafter, the Director of Budget and Management shall transfer	77785
$5,000,000 in cash from the Economic Development Projects Fund	77786
(Fund 5JC0) used by the Board of Regents to the Ohio Incumbent	77787
Workforce Job Training Fund (Fund 5HR0) used by the ~~Department of~~	77788
Development Services Agency. The transferred funds are hereby	77789
appropriated in appropriation item 195622, Defense Development	77790
Assistance.	77791

The foregoing appropriation item 195622, Defense Development	77792
Assistance, shall be used for economic development programs and	77793
the creation of new jobs to leverage and support mission gains at	77794
Department of Defense facilities in Ohio by working with future	77795
base realignment and closure activities and ongoing Department of	77796
Defense efficiency initiatives, assisting efforts to secure	77797
Department of Defense support contracts for Ohio companies,	77798
assessing and supporting regional job training and workforce	77799
development needs generated by the Department of Defense and the	77800
Ohio aerospace industry, and for expanding job training and	77801
economic development programs in human performance related	77802
initiatives. These funds shall be matched by private industry	77803
partners or the Department of Defense in an aggregate amount of	77804
$6,000,000 over the FY 2012-FY 2013 biennium.	77805

Any unexpended and unencumbered portion of the foregoing	77806
appropriation item 195622, Defense Development Assistance, at the	77807
end of fiscal year 2012 is hereby reappropriated for the same	77808
purpose in fiscal year 2013.	77809

WORKFORCE DEVELOPMENT PROGRAMS

77810

The foregoing appropriation item 195655, Workforce	77811
Development Programs, may be used for the Ohio Workforce Guarantee	77812
Program to promote training through grants to businesses and, in	77813
the case of a business consortium, to the consortium for training	77814
and education providers for the reimbursement of eligible training	77815
expenses. Not more than ten per cent of appropriation item 195655,	77816
Workforce Development Programs, shall be used for administrative	77817
expenses related to the Ohio Workforce Guarantee Program.	77818

Sec. 261.30.10. ADVANCED ENERGY ~~FUND~~LOAN PROGRAMS

77819

The foregoing appropriation item 195660, Advanced Energy Loan	77820
Programs, shall be used to provide financial assistance to	77821
customers for eligible advanced energy projects for residential,	77822
commercial, and industrial business, local government, educational	77823
institution, nonprofit, and agriculture customers, and to pay for	77824
the program's administrative costs as provided in sections 4928.61	77825
to 4928.63 of the Revised Code and rules adopted by the Director	77826
of Development Services.	77827

On July 1 of each fiscal year, or as soon as possible	77828
thereafter, the Director of Budget and Management shall transfer	77829
$750,000 in cash from the Advanced Energy Fund (Fund 5M50) to the	77830
Alternative Fuel Transportation Grant Fund (Fund 5CG0).	77831

VOLUME CAP ADMINISTRATION

77832

The foregoing appropriation item 195654, Volume Cap	77833
Administration, shall be used for expenses related to the	77834
administration of the Volume Cap Program. Revenues received by the	77835
Volume Cap Administration Fund (Fund 6170) shall consist of	77836
application fees, forfeited deposits, and interest earned from the	77837
custodial account held by the Treasurer of State.	77838

Sec. 261.30.20. INNOVATION OHIO LOAN FUND

77839

The foregoing appropriation item 195664, Innovation Ohio,	77840
shall be used to provide for innovation Ohio purposes, including	77841
loan guarantees and loans under Chapter 166. and particularly	77842
sections 166.12 to 166.16 of the Revised Code.	77843

RESEARCH AND DEVELOPMENT

77844

The foregoing appropriation item 195665, Research and	77845
Development, shall be used to provide for research and development	77846
purposes, including loans, under Chapter 166. and particularly	77847
sections 166.17 to 166.21 of the Revised Code.	77848

LOGISTICS AND DISTRIBUTION INFRASTRUCTURE

77849

Appropriation item 195698, Logistics and Distribution	77850
Infrastructure, shall be used for eligible logistics and	77851
distribution infrastructure projects as defined in section 166.01	77852
of the Revised Code. Any unexpended and unencumbered portion of	77853
the appropriation item at the end of fiscal year 2011 is hereby	77854
reappropriated for the same purpose in fiscal year 2012, and any	77855
unexpended and unencumbered portion of the appropriation item at	77856
the end of fiscal year 2012 is hereby reappropriated for the same	77857
purpose in fiscal year 2013.	77858

After all encumbrances have been paid, the Director of Budget	77859
and Management shall transfer the remaining cash balance in the	77860
Logistics and Distribution Infrastructure Fund (Fund 7008) to the	77861
Facilities Establishment Fund (Fund 7037).	77862

FACILITIES ESTABLISHMENT ~~FUND~~

77863

The foregoing appropriation item 195615, Facilities	77864
Establishment (Fund 7037), shall be used for the purposes of the	77865
Facilities Establishment Fund under Chapter 166. of the Revised	77866
Code.	77867

Notwithstanding Chapter 166. of the Revised Code, an amount	77868
not to exceed $1,000,000 in cash in fiscal year 2012 may be	77869
transferred from the Facilities Establishment Fund (Fund 7037) to	77870
the ~~Economic Development Financing Operating~~Business Assistance	77871
Fund (Fund 4510). The transfer is subject to Controlling Board	77872
approval under division (B) of section 166.03 of the Revised Code.	77873

Notwithstanding Chapter 166. of the Revised Code, the	77874
Director of Budget and Management may transfer an amount not to	77875
exceed $2,500,000 in cash in each fiscal year from the Facilities	77876
Establishment Fund (Fund 7037) to the Minority Business Enterprise	77877
Loan Fund (Fund 4W10).	77878

On July 1, ~~2011~~2012, or as soon as possible thereafter, the	77879
Director of Budget and Management shall transfer the unexpended	77880
and unencumbered cash balance in the Urban Development Loans Fund	77881
(Fund 5D20) to the Facilities Establishment Fund (Fund 7037).	77882

On July 1, ~~2011~~2012, or as soon as possible thereafter, the	77883
Director of Budget and Management shall transfer the unexpended	77884
and unencumbered cash balance in the Rural Industrial Park Loan	77885
Fund (Fund 4Z60) to the Facilities Establishment Fund (Fund 7037).	77886

CAPITAL ACCESS LOAN PROGRAM

77887

The foregoing appropriation item 195628, Capital Access Loan	77888
Program, shall be used for operating, program, and administrative	77889
expenses of the program. Funds of the Capital Access Loan Program	77890
shall be used to assist participating financial institutions in	77891
making program loans to eligible businesses that face barriers in	77892
accessing working capital and obtaining fixed-asset financing.	77893

Sec. 261.30.30. CLEAN OHIO OPERATING EXPENSES

77894

The foregoing appropriation item 195663, Clean Ohio	77895
~~Operating~~Program, shall be used by the ~~Department of~~ Development	77896
Services Agency in administering Clean Ohio Revitalization Fund	77897
(Fund 7003) projects pursuant to sections 122.65 to 122.658 of the	77898
Revised Code.	77899

Sec. 261.30.40. THIRD FRONTIER OPERATING

77900

The foregoing appropriation items 195686, Third Frontier	77901
Operating, and 195620, Third Frontier Operating - Tax, shall be	77902
used for operating expenses incurred by the ~~Department of~~	77903
Development Services Agency in administering projects pursuant to	77904
sections 184.10 to 184.20 of the Revised Code. Operating expenses	77905
paid from item 195686 shall be limited to the administration of	77906
projects funded from the Third Frontier Research & Development	77907
Fund (Fund 7011) and operating expenses paid from item 195620	77908
shall be limited to the administration of projects funded from the	77909
Third Frontier Research & Development Taxable Bond Project Fund	77910
(Fund 7014).	77911

Sec. 261.30.60. JOB READY SITE ~~OPERATING~~PROGRAM

77912

The foregoing appropriation item 195688, Job Ready Site	77913
~~Operating~~Program, shall be used for operating expenses incurred	77914
by the ~~Department of~~ Development Services Agency in administering	77915
Job Ready Site Development Fund (Fund 7012) projects pursuant to	77916
sections 122.085 to 122.0820 of the Revised Code. Operating	77917
expenses include, but are not limited to, certain qualified	77918
expenses of the District Public Works Integrating Committees, as	77919
applicable, engineering review of submitted applications by the	77920
State Architect or a third-party engineering firm, audit and	77921
accountability activities, and costs associated with formal	77922
certifications verifying that site infrastructure is in place and	77923
is functional.	77924

Sec. 261.30.70. OHIO COAL DEVELOPMENT OFFICE

77925

On July 1, 2011, or as soon as possible thereafter, the	77926
Director of Budget and Management shall transfer any unexpended	77927
and unencumbered portion of appropriation item 898604, Coal	77928
Research and Development Fund, used by the Ohio Air Quality	77929
Development Authority, to a new capital appropriation item in the	77930
~~Department of~~ Development Services Agency, to be determined by the	77931
Director. The Director also shall cancel all outstanding	77932
encumbrances against appropriation item 898604, Coal Research and	77933
Development Fund, and reestablish them against the foregoing new	77934
capital appropriation item. The amounts of the transfer and the	77935
reestablished encumbrances, plus $2,283,264, are hereby	77936
appropriated for fiscal year 2012 in the foregoing new	77937
appropriation item and shall be used to provide funding for coal	77938
research and development purposes.	77939

Sec. 261.30.80. THIRD FRONTIER BIOMEDICAL RESEARCH AND	77940
COMMERCIALIZATION SUPPORT	77941

The General Assembly and the Governor recognize the role that	77942
the biomedical industry has in job creation, innovation, and	77943
economic development throughout Ohio. It is the intent of the	77944
General Assembly, the Governor, the Director of Development	77945
Services, and the Director of Budget and Management to work	77946
together in continuing to provide comprehensive state support for	77947
the biomedical industry.	77948

Sec. 261.30.90. UNCLAIMED FUNDS TRANSFER

77949

(A)(1) Notwithstanding division (A) of section 169.05 of the	77950
Revised Code, upon the request of the Director of Budget and	77951
Management, the Director of Commerce, before June 30, 2012, shall	77952
transfer to the Job Development Initiatives Fund (Fund 5AD0) an	77953
amount not to exceed $25,000,000 in cash of the unclaimed funds	77954
that have been reported by the holders of unclaimed funds under	77955
section 169.05 of the Revised Code, regardless of the allocation	77956
of the unclaimed funds described under that section.	77957

Notwithstanding division (A) of section 169.05 of the Revised	77958
Code, upon the request of the Director of Budget and Management,	77959
the Director of Commerce, before June 30, 2013, shall transfer to	77960
the Job Development Initiatives Fund (Fund 5AD0) an amount not to	77961
exceed $~~15,000,000~~18,600,000 in cash of the unclaimed funds that	77962
have been reported by the holders of unclaimed funds under section	77963
169.05 of the Revised Code, regardless of the allocation of the	77964
unclaimed funds described under that section.	77965

~~(B)~~(2) Notwithstanding division (A) of section 169.05 of the	77966
Revised Code, upon the request of the Director of Budget and	77967
Management, the Director of Commerce, before June 30, 2012, shall	77968
transfer to the State Special Projects Fund (Fund 4F20) an amount	77969
not to exceed $5,000,000 in cash of the unclaimed funds that have	77970
been reported by the holders of unclaimed funds under section	77971
169.05 of the Revised Code, regardless of the allocation of the	77972
unclaimed funds described under that section.	77973

(B) ASSORTED TRANSFERS FOR RESTRUCTURING

77974

On July 1, 2012, or as soon as possible thereafter, the	77975
Director of Budget and Management shall transfer the cash balance	77976
in the Water and Sewer Fund (Fund 4440) to the General	77977
Reimbursement Fund (Fund 6850).	77978

On July 1, 2012, or as soon as possible thereafter, the	77979
Director of Budget and Management shall transfer the cash balance	77980
in the Water and Sewer Administration Fund (Fund 6110) to the	77981
General Reimbursement Fund (Fund 6850).	77982

On July 1, 2012, or as soon as possible thereafter, the	77983
Director of Budget and Management shall transfer the cash balance	77984
in the Tax Incentive Programs Operating Fund (Fund 4S00) to the	77985
Business Assistance Fund (Fund 4510).	77986

On July 1, 2012, or as soon as possible thereafter, the	77987
Director of Budget and Management shall transfer the cash balance	77988
in the Brownfield Stormwater Loan Fund (Fund 5KD0) to the New	77989
Market Tax Credit Program Fund (Fund 5JR0).	77990

Sec. 261.40.10. WORKFORCE DEVELOPMENT

77991

The Director of Development Services and the Director of Job	77992
and Family Services may enter into one or more interagency	77993
agreements between the two departments and take other actions the	77994
directors consider appropriate to further integrate workforce	77995
development into a larger economic development strategy, to	77996
implement the recommendations of the Workforce Policy Board, and	77997
to complete activities related to the transition of the	77998
administration of employment programs identified by the board.	77999
Subject to the approval of the Director of Budget and Management,	78000
the ~~Department of~~ Development Services Agency and the Department	78001
of Job and Family Services may expend moneys to support the	78002
recommendations of the Workforce Policy Board in the area of	78003
integration of employment functions as described in this paragraph	78004
and to complete implementation and transition activities from the	78005
appropriations to those departments.	78006

Sec. 263.10. DDD DEPARTMENT OF DEVELOPMENTAL DISABILITIES

78007

General Revenue Fund	78008

GRF	320321	Central Administration	$	4,422,794	$	4,422,794	78009
GRF	320412	Protective Services	$	2,174,826	$	1,957,343	78010
GRF	320415	Lease-Rental Payments	$	18,394,250	$	~~19,907,900~~ 17,907,900	78011
GRF	322407	Medicaid State Match	$	218,034,162	$	214,902,506	78012
GRF	322420	Screening and Early Intervention	$	0	$	300,000	78013
GRF	322451	Family Support Services	$	5,932,758	$	5,932,758	78014
GRF	322501	County Boards Subsidies	$	40,906,365	$	44,449,280	78015
GRF	322503	Tax Equity	$	14,000,000	$	14,000,000	78016
TOTAL GRF General Revenue Fund			$	303,865,155	$	~~305,572,581~~ 303,872,581	78017

General Services Fund Group	78018

1520	323609		Developmental Center and Residential Operating Services		$	3,414,317		$	3,414,317		78019
TOTAL GSF General Services Fund Group					$	3,414,317		$	3,414,317		78020

Federal Special Revenue Fund Group	78021

3A50	320613	DD Council	$	3,341,572	$	3,341,572	78022
3250	322612	Community Social Service Programs	$	11,017,754	$	10,604,896	78023
3DZ0	322648	Enhanced Medicaid - Federal	$	10,000,000	$	0	78024
3G60	322639	Medicaid Waiver - Federal	$	866,566,007	$	985,566,007	78025
3M70	322650	CAFS Medicaid	$	29,349,502	$	~~29,349,502~~ 3,000,000	78026
3A40	323605	Developmental Center and Residential Facility Services and Support	$	180,266,029	$	~~179,384,881~~ 174,000,000	78027
TOTAL FED Federal Special Revenue Fund Group			$	1,100,540,864	$	~~1,208,246,858~~ 1,176,512,475	78028

State Special Revenue Fund Group	78029

5GE0	320606	Operating and Services	$	7,406,609	$	7,407,297	78030
2210	322620	Supplement Service Trust	$	150,000	$	150,000	78031
4K80	322604	Medicaid Waiver - State Match	$	12,000,000	$	12,000,000	78032
5CT0	322632	Intensive Behavioral Needs	$	1,000,000	$	1,000,000	78033
5DJ0	322625	Targeted Case Management Match	$	21,000,000	$	24,000,000	78034
5DJ0	322626	Targeted Case Management Services	$	57,307,357	$	66,000,000	78035
5DK0	322629	Capital Replacement Facilities	$	750,000	$	750,000	78036
5EV0	322627	Program Fees	$	685,000	$	685,000	78037
5H00	322619	Medicaid Repayment	$	160,000	$	160,000	78038
5JX0	322651	Interagency Workgroup - Autism	$	45,000		45,000	78039
5Z10	322624	County Board Waiver Match	$	235,000,000	$	290,000,000	78040
4890	323632	Developmental Center Direct Care Support	$	16,497,170	$	16,497,169	78041
5S20	590622	Medicaid Administration & Oversight	$	20,875,567	$	21,727,540	78042
TOTAL SSR State Special Revenue Fund Group			$	372,876,703	$	440,422,006	78043
TOTAL ALL BUDGET FUND GROUPS			$	1,780,697,039	$	~~1,957,655,762~~ 1,924,221,379	78044

Sec. 263.10.30. ~~FAMILY~~SCREENING AND EARLY INTERVENTION

78046

The foregoing appropriation item 322420, Screening and Early	78047
Intervention, shall be used for screening and early intervention	78048
programs for children with autism selected by the Director.	78049

FAMILY SUPPORT SERVICES SUBSIDY

78050

(A) The foregoing appropriation item 322451, Family Support	78051
Services, may be used as follows in fiscal year 2012 and fiscal	78052
year 2013:	78053

(1) The appropriation item may be used to provide a subsidy	78054
to county boards of developmental disabilities for family support	78055
services provided under section 5126.11 of the Revised Code. The	78056
subsidy shall be paid in quarterly installments and allocated to	78057
county boards according to a formula the Director of Developmental	78058
Disabilities shall develop in consultation with representatives of	78059
county boards. A county board shall use not more than seven per	78060
cent of its subsidy for administrative costs.	78061

(2) The appropriation item may be used to distribute funds to	78062
county boards for the purpose of addressing economic hardships and	78063
to promote efficiency of operations. In consultation with	78064
representatives of county boards, the Director shall determine the	78065
amount of funds to distribute for these purposes and the criteria	78066
for distributing the funds.	78067

(B) Each county board shall submit reports to the Department	78068
of Developmental Disabilities on the use of funds received under	78069
this section. The reports shall be submitted at the times and in	78070
the manner specified in rules the Director shall adopt in	78071
accordance with Chapter 119. of the Revised Code.	78072

Sec. 263.10.90. TARGETED CASE MANAGEMENT SERVICES

78073

County boards of developmental disabilities shall pay the	78074
nonfederal portion of targeted case management costs to the	78075
Department of Developmental Disabilities.	78076

The Directors of Developmental Disabilities and Job and	78077
Family Services may enter into an interagency agreement under	78078
which the Department of Developmental Disabilities shall transfer	78079
cash from the Targeted Case Management Fund (Fund 5DJ0) to the	78080
~~Medicaid Program Support - State~~Health Care/Medicaid Support and	78081
Recoveries Fund (Fund ~~5C90~~5DL0) used by the Department of Job and	78082
Family Services in an amount equal to the nonfederal portion of	78083
the cost of targeted case management services paid by county	78084
boards, and the Department of Job and Family Services shall pay	78085
the total cost of targeted case management claims. The transfer	78086
shall be made using an intrastate transfer voucher.	78087

Sec. 263.20.40. TRANSFER OF FUNDS FOR DEVELOPMENTAL CENTER	78088
PHARMACY PROGRAMS	78089

The Director of Developmental Disabilities shall quarterly	78090
transfer cash from the Medicaid - Medicare Fund (Fund 3A40) to the	78091
~~Medicaid Program Support - State~~Health Care/Medicaid Support and	78092
Recoveries Fund (Fund ~~5C90~~5DL0) used by the Department of Job and	78093
Family Services, in an amount equal to the nonfederal share of	78094
Medicaid prescription drug claim costs for all developmental	78095
centers paid by the Department of Job and Family Services. The	78096
quarterly transfer shall be made using an intrastate transfer	78097
voucher.	78098

Sec. 263.20.70. RATE INCREASE FOR WAIVER PROVIDERS SERVING	78099
FORMER RESIDENTS OF DEVELOPMENTAL CENTERS OR RESIDENTS OF	78100
CONVERTED FACILITIES	78101

~~Subject~~(A) As used in this section, "converted facility"	78102
means an intermediate care facility for the mentally retarded as	78103
defined in section 5111.20 of the Revised Code, or former	78104
intermediate care facility for the mentally retarded, that	78105
converted some or all of its beds to providing home and	78106
community-based services under the Individual Options Waiver	78107
pursuant to section 5111.874 of the Revised Code.	78108

(B) Subject to approval by the Centers for Medicare and	78109
Medicaid Services, the Department of Job and Family Services shall	78110
increase the rate paid to a provider under the Individual Options	78111
Waiver by fifty-two cents for each fifteen minutes of routine	78112
homemaker/personal care provided to an individual for up to a year	78113
if all of the following apply:	78114

~~(A)~~(1) The individual was a resident of a developmental	78115
center or converted facility immediately prior to enrollment in	78116
the waiver;	78117

~~(B)~~(2) The provider begins serving the individual on or after	78118
July 1, 2011;	78119

~~(C)~~(3) The Director of Developmental Disabilities determines	78120
that the increased rate is warranted by the individual's special	78121
circumstances, including the individual's diagnosis, service	78122
needs, or length of stay at the developmental center or converted	78123
facility, and that serving the individual through the Individual	78124
Options Waiver is fiscally prudent for the Medicaid program.	78125

Sec. 267.10. EDU DEPARTMENT OF EDUCATION

78126

General Revenue Fund	78127

GRF	200100	Personal Services	$	8,579,178	$	~~8,579,178~~ 0	78128
GRF	200320	Maintenance and Equipment	$	2,830,407	$	~~2,830,407~~ 0	78129
GRF	200321	Operating Expenses	$	0	$	13,142,780	78130
GRF	200408	Early Childhood Education	$	23,268,341	$	23,268,341	78131
GRF	200416	Career-Technical Education Match	$	2,233,195	$	~~2,233,195~~ 0	78132
GRF	200420	~~Computer/Application/ Network~~ Information Technology Development and Support	$	4,241,296	$	4,241,296	78133
GRF	200421	Alternative Education Programs	$	7,403,998	$	7,403,998	78134
GRF	200422	School Management Assistance	$	2,842,812	$	3,000,000	78135
GRF	200424	Policy Analysis	$	328,558	$	328,558	78136
GRF	200425	Tech Prep Consortia Support	$	260,542	$	260,542	78137
GRF	200426	Ohio Educational Computer Network	$	17,974,489	$	17,974,489	78138
GRF	200427	Academic Standards	$	4,346,060	$	3,700,000	78139
GRF	200437	Student Assessment	$	55,002,167	$	55,002,167	78140
GRF	200439	Accountability/Report Cards	$	3,579,279	$	3,579,279	78141
GRF	200442	Child Care Licensing	$	827,140	$	827,140	78142
GRF	200446	Education Management Information System	$	6,833,070	$	6,833,070	78143
GRF	200447	GED Testing	$	879,551	$	879,551	78144
GRF	200448	Educator Preparation	$	786,737	$	786,737	78145
GRF	200455	Community Schools and Choice Programs	$	2,200,000	$	2,200,000	78146
GRF	200502	Pupil Transportation	$	438,248,936	$	442,113,527	78147
GRF	200505	School Lunch Match	$	9,100,000	$	9,100,000	78148
GRF	200511	Auxiliary Services	$	124,194,099	$	126,194,099	78149
GRF	200532	Nonpublic Administrative Cost Reimbursement	$	56,164,384	$	57,006,850	78150
GRF	200540	Special Education Enhancements	$	135,820,668	$	135,820,668	78151
GRF	200545	Career-Technical Education Enhancements	$	8,802,699	$	8,802,699	78152
GRF	200550	Foundation Funding	$	5,536,347,861	$	~~5,610,290,686~~ 5,612,562,311	78153
GRF	200901	Property Tax Allocation - Education	$	1,086,500,000	$	1,095,000,000	78154
TOTAL GRF General Revenue Fund			$	7,539,595,467	$	~~7,628,256,477~~ 7,630,028,102	78155

General Services Fund Group	78156

1380	200606	~~Computer Services-Operational~~ Information Technology Development and Support	$	7,600,090	$	~~7,600,090~~ 6,100,090	78157
4520	200638	~~Miscellaneous Educational Services~~ Fees and Refunds	$	300,000	$	300,000	78158
4L20	200681	Teacher Certification and Licensure	$	8,147,756	$	8,147,756	78159
5960	200656	Ohio Career Information System	$	529,761	$	529,761	78160
5H30	200687	School District Solvency Assistance	$	25,000,000	$	25,000,000	78161
TOTAL GSF General Services							78162
Fund Group			$	41,577,607	$	~~41,577,607~~ 40,077,607	78163

Federal Special Revenue Fund Group	78164

3090	200601	Neglected and Delinquent Education	$	2,168,642	$	2,168,642	78165
3670	200607	School Food Services	$	6,803,472	$	6,959,906	78166
3690	200616	Career-Technical Education Federal Enhancement	$	5,000,000	$	5,000,000	78167
3700	200624	Education of Exceptional Children	$	1,905,000	$	0	78168
3780	200660	Learn and Serve	$	619,211	$	619,211	78169
3AF0	200603	Schools Medicaid Administrative Claims	$	639,000	$	639,000	78170
3AN0	200671	School Improvement Grants	$	20,400,000	$	20,400,000	78171
3AX0	200698	Improving Health and Educational Outcomes of Young People	$	630,954	$	630,954	78172
3BK0	200628	Longitudinal Data Systems	$	500,000	$	250,000	78173
3C50	200661	Early Childhood Education	$	14,554,749	$	14,554,749	78174
3CG0	200646	Teacher Incentive Fund	$	1,925,881	$	0	78175
3D10	200664	Drug Free Schools	$	1,500,000	$	0	78176
3D20	200667	Math Science Partnerships	$	9,500,001	$	9,500,001	78177
3DG0	200630	Federal Stimulus - McKinney Vento Grants	$	330,512	$	0	78178
3DJ0	200699	IDEA Part B - Federal Stimulus	$	21,886,803	$	0	78179
3DK0	200642	Title 1A - Federal Stimulus	$	18,633,673	$	0	78180
3DL0	200650	IDEA Preschool - Federal Stimulus	$	670,000	$	0	78181
3DM0	200651	Title IID Technology - Federal Stimulus	$	1,195,100	$	0	78182
3DP0	200652	Title I School Improvement - Federal Stimulus	$	48,500,000	$	30,000,000	78183
3EC0	200653	Teacher Incentive - Federal Stimulus	$	7,500,000	$	7,500,000	78184
3EH0	200620	Migrant Education	$	2,645,905	$	2,645,905	78185
3EJ0	200622	Homeless Children Education	$	1,759,782	$	1,759,782	78186
3EN0	200655	State Data Systems - Federal Stimulus	$	2,500,000	$	2,500,000	78187
3ES0	200657	General Supervisory Enhancement Grant	$	500,000	$	500,000	78188
3ET0	200658	Education Jobs Fund	$	300,000,000	$	50,000,000	78189
3FD0	200665	Race to the Top	$	100,000,000	$	100,000,000	78190
3FE0	200669	Striving Readers	$	180,000	$	100,000	78191
3H90	200605	Head Start Collaboration Project	$	225,000	$	225,000	78192
3L60	200617	Federal School Lunch	$	327,516,539	$	337,323,792	78193
3L70	200618	Federal School Breakfast	$	87,596,850	$	90,224,756	78194
3L80	200619	Child/Adult Food Programs	$	100,850,833	$	103,876,359	78195
3L90	200621	Career-Technical Education Basic Grant	$	48,466,864	$	48,466,864	78196
3M00	200623	ESEA Title 1A	$	530,010,000	$	530,010,000	78197
3M20	200680	Individuals with Disabilities Education Act	$	443,170,050	$	443,170,050	78198
3S20	200641	Education Technology	$	9,487,397	$	9,487,397	78199
3T40	200613	Public Charter Schools	$	14,291,353	$	14,291,353	78200
3Y20	200688	21st Century Community Learning Centers	$	43,720,462	$	45,906,485	78201
3Y60	200635	Improving Teacher Quality	$	101,900,000	$	101,900,000	78202
3Y70	200689	English Language Acquisition	$	8,373,995	$	8,373,995	78203
3Y80	200639	Rural and Low Income Technical Assistance	$	1,500,000	$	1,500,000	78204
3Z20	200690	State Assessments	$	11,882,258	$	11,882,258	78205
3Z30	200645	Consolidated Federal Grant Administration	$	8,949,280	$	~~8,949,280~~ 7,949,280	78206
TOTAL FED Federal Special							78207
Revenue Fund Group			$	2,310,389,566	$	~~2,011,315,739~~ 2,010,315,739	78208

State Special Revenue Fund Group	78209

4540	200610	~~Guidance and~~ GED Testing	$	1,050,000	$	1,050,000	78210
4550	200608	Commodity Foods	$	24,000,000	$	24,000,000	78211
4R70	200695	Indirect Operational Support	$	6,500,000	$	6,600,000	78212
4V70	200633	Interagency ~~Operational~~ Program Support	$	1,117,725	$	~~1,117,725~~ 717,725	78213
5980	200659	Auxiliary Services Reimbursement	$	1,328,910	$	1,328,910	78214
5BB0	200696	State Action for Education Leadership	$	231,300	$	0	78215
5BJ0	200626	Half-Mill Maintenance Equalization	$	17,300,000	$	18,000,000	78216
5U20	200685	National Education Statistics	$	300,000	$	300,000	78217
6200	200615	Educational Improvement Grants	$	3,000,000	$	3,000,000	78218
TOTAL SSR State Special Revenue							78219
Fund Group			$	54,827,935	$	~~55,396,635~~ 54,996,635	78220

Lottery Profits Education Fund Group	78221

7017	200612	Foundation Funding	$	717,500,000	$	680,500,000	78222
TOTAL LPE Lottery Profits							78223
Education Fund Group			$	717,500,000	$	680,500,000	78224

Revenue Distribution Fund Group	78225

7047	200909	School District Property Tax Replacement-Business	$	722,000,000	$	475,000,000	78226
7053	200900	School District Property Tax Replacement-Utility	$	34,000,000	$	30,000,000	78227
TOTAL RDF Revenue Distribution							78228
Fund Group			$	756,000,000	$	505,000,000	78229
TOTAL ALL BUDGET FUND GROUPS			$	11,419,890,575	$	~~10,922,046,458~~ 10,920,918,083	78230

Sec. 267.10.10. OPERATING EXPENSES

78232

The foregoing appropriation item 200321, Operating Expenses,	78233
shall be used to support the same activities as are supported	78234
prior to July 1, 2012, by appropriation items 200100, Personal	78235
Services, and 200320, Maintenance and Equipment. A portion of this	78236
appropriation item also shall be used by the Department of	78237
Education to provide matching funds under 20 U.S.C. 2321, which	78238
are provided by appropriation item 200416, Career-Technical	78239
Education Match, prior to July 1, 2012.	78240

On July 1, 2012, or as soon as possible thereafter, the	78241
Director of Budget and Management shall cancel any existing	78242
encumbrances against appropriation items 200100, Personal	78243
Services, 200320, Maintenance and Equipment, and 200416,	78244
Career-Technical Education Match, and reestablish them against	78245
appropriation item 200321, Operating Expenses. The reestablished	78246
encumbrance amounts are hereby appropriated.	78247

EARLY CHILDHOOD EDUCATION

78248

The Department of Education shall distribute the foregoing	78249
appropriation item 200408, Early Childhood Education, to pay the	78250
costs of early childhood education programs.	78251

(A) As used in this section:

78252

(1) "Provider" means a city, local, exempted village, or	78253
joint vocational school district, or an educational service	78254
center.	78255

(2) In the case of a city, local, or exempted village school	78256
district, "new eligible provider" means a district that did not	78257
receive state funding for Early Childhood Education in the	78258
previous fiscal year or demonstrates a need for early childhood	78259
programs as defined in division (D) of this section.	78260

(3) "Eligible child" means a child who is at least three	78261
years of age as of the district entry date for kindergarten, is	78262
not of the age to be eligible for kindergarten, and whose family	78263
earns not more than two hundred per cent of the federal poverty	78264
guidelines as defined in division (A)(3) of section 5101.46 of the	78265
Revised Code. Children with an Individualized Education Program	78266
and where the Early Childhood Education program is the least	78267
restrictive environment may be enrolled on their third birthday.	78268

(B) In each fiscal year, up to two per cent of the total	78269
appropriation may be used by the Department for program support	78270
and technical assistance. The Department shall distribute the	78271
remainder of the appropriation in each fiscal year to serve	78272
eligible children.	78273

(C) The Department shall provide an annual report to the	78274
Governor, the Speaker of the House of Representatives, and the	78275
President of the Senate and post the report to the Department's	78276
web site, regarding early childhood education programs operated	78277
under this section and the early learning program guidelines.	78278

(D) After setting aside the amounts to make payments due from	78279
the previous fiscal year, in fiscal year 2012, the Department	78280
shall distribute funds first to recipients of funds for early	78281
childhood education programs under Section 265.10.20 of Am. Sub.	78282
H.B. 1 of the 128th General Assembly in the previous fiscal year	78283
and the balance to new eligible providers of early childhood	78284
education programs under this section or to existing providers to	78285
serve more eligible children or for purposes of program expansion,	78286
improvement, or special projects to promote quality and	78287
innovation.	78288

After setting aside the amounts to make payments due from the	78289
previous fiscal year, in fiscal year 2013, the Department shall	78290
distribute funds first to providers of early childhood education	78291
programs under this section in the previous fiscal year and the	78292
balance to new eligible providers or to existing providers to	78293
serve more eligible children or for purposes of program expansion,	78294
improvement, or special projects to promote quality and	78295
innovation.	78296

Awards under this section shall be distributed on a per-pupil	78297
basis, and in accordance with division (H) of this section. The	78298
Department may adjust the per-pupil amount so that the per-pupil	78299
amount multiplied by the number of eligible children enrolled and	78300
receiving services on the first day of December or the business	78301
day closest to that date equals the amount allocated under this	78302
section.	78303

(E) Costs for developing and administering an early childhood	78304
education program may not exceed fifteen per cent of the total	78305
approved costs of the program.	78306

All providers shall maintain such fiscal control and	78307
accounting procedures as may be necessary to ensure the	78308
disbursement of, and accounting for, these funds. The control of	78309
funds provided in this program, and title to property obtained,	78310
shall be under the authority of the approved provider for purposes	78311
provided in the program unless, as described in division (J) of	78312
this section, the program waives its right for funding or a	78313
program's funding is eliminated or reduced due to its inability to	78314
meet financial or early learning program guidelines. The approved	78315
provider shall administer and use such property and funds for the	78316
purposes specified.	78317

(F) The Department may examine a provider's financial and	78318
program records. If the financial practices of the program are not	78319
in accordance with standard accounting principles or do not meet	78320
financial standards outlined under division (E) of this section,	78321
or if the program fails to substantially meet the early learning	78322
program guidelines, meet a quality rating level in the tiered	78323
quality rating and improvement system developed under section	78324
5104.30 of the Revised Code as prescribed by the Department, or	78325
exhibits below average performance as measured against the	78326
guidelines, the early childhood education program shall propose	78327
and implement a corrective action plan that has been approved by	78328
the Department. The approved corrective action plan shall be	78329
signed by the chief executive officer and the executive of the	78330
official governing body of the provider. The corrective action	78331
plan shall include a schedule for monitoring by the Department.	78332
Such monitoring may include monthly reports, inspections, a	78333
timeline for correction of deficiencies, and technical assistance	78334
to be provided by the Department or obtained by the early	78335
childhood education program. The Department may withhold funding	78336
pending corrective action. If an early childhood education program	78337
fails to satisfactorily complete a corrective action plan, the	78338
Department may deny expansion funding to the program or withdraw	78339
all or part of the funding to the program and establish a new	78340
eligible provider through a selection process established by the	78341
Department.	78342

(G) Each early childhood education program shall do all of	78343
the following:	78344

(1) Meet teacher qualification requirements prescribed by	78345
section 3301.311 of the Revised Code;	78346

(2) Align curriculum to the early learning content standards	78347
developed by the Department;	78348

(3) Meet any child or program assessment requirements	78349
prescribed by the Department;	78350

(4) Require teachers, except teachers enrolled and working to	78351
obtain a degree pursuant to section 3301.311 of the Revised Code,	78352
to attend a minimum of twenty hours every two years of	78353
professional development as prescribed by the Department;	78354

(5) Document and report child progress as prescribed by the	78355
Department;	78356

(6) Meet and report compliance with the early learning	78357
program guidelines as prescribed by the Department;	78358

(7) Participate in the tiered quality rating and improvement	78359
system developed under section 5104.30 of the Revised Code.	78360
Effective July 1, 2016, all programs shall be rated through the	78361
system.	78362

(H) Per-pupil funding for programs subject to this section	78363
shall be sufficient to provide eligible children with services for	78364
a standard early childhood schedule which shall be defined in this	78365
section as a minimum of twelve and one-half hours per school week	78366
as defined in section 3313.62 of the Revised Code for the minimum	78367
school year as defined in sections 3313.48, 3313.481, and 3313.482	78368
of the Revised Code. Nothing in this section shall be construed to	78369
prohibit program providers from utilizing other funds to serve	78370
eligible children in programs that exceed the twelve and one-half	78371
hours per week or that exceed the minimum school year. For any	78372
provider for which a standard early childhood education schedule	78373
creates a hardship or for which the provider shows evidence that	78374
the provider is working in collaboration with a preschool special	78375
education program, the provider may submit a waiver to the	78376
Department requesting an alternate schedule. If the Department	78377
approves a waiver for an alternate schedule that provides services	78378
for less time than the standard early childhood education	78379
schedule, the Department may reduce the provider's annual	78380
allocation proportionately. Under no circumstances shall an annual	78381
allocation be increased because of the approval of an alternate	78382
schedule.	78383

(I) Each provider shall develop a sliding fee scale based on	78384
family incomes and shall charge families who earn more than two	78385
hundred per cent of the federal poverty guidelines, as defined in	78386
division (A)(3) of section 5101.46 of the Revised Code, for the	78387
early childhood education program.	78388

The Department shall conduct an annual survey of each	78389
provider to determine whether the provider charges families	78390
tuition or fees, the amount families are charged relative to	78391
family income levels, and the number of families and students	78392
charged tuition and fees for the early childhood program.	78393

(J) If an early childhood education program voluntarily	78394
waives its right for funding, or has its funding eliminated for	78395
not meeting financial standards or the early learning program	78396
guidelines, the provider shall transfer control of title to	78397
property, equipment, and remaining supplies obtained through the	78398
program to providers designated by the Department and return any	78399
unexpended funds to the Department along with any reports	78400
prescribed by the Department. The funding made available from a	78401
program that waives its right for funding or has its funding	78402
eliminated or reduced may be used by the Department for new grant	78403
awards or expansion grants. The Department may award new grants or	78404
expansion grants to eligible providers who apply. The eligible	78405
providers who apply must do so in accordance with the selection	78406
process established by the Department.	78407

(K) As used in this section, "early learning program	78408
guidelines" means the guidelines established by the Department	78409
pursuant to division (C)(3) of Section 206.09.54 of Am. Sub. H.B.	78410
66 of the 126th General Assembly.	78411

(L) Eligible expenditures for the Early Childhood Education	78412
program shall be claimed each fiscal year to help meet the state's	78413
TANF maintenance of effort requirement. The Superintendent of	78414
Public Instruction and the Director of Job and Family Services	78415
shall enter into an interagency agreement to carry out the	78416
requirements under this division, which shall include developing	78417
reporting guidelines for these expenditures.	78418

Sec. 267.10.20. CAREER-TECHNICAL EDUCATION MATCH

78419

~~The~~For fiscal year 2012, the foregoing appropriation item	78420
200416, Career-Technical Education Match, shall be used by the	78421
Department of Education to provide ~~vocational administration~~	78422
matching funds under 20 U.S.C. ~~2311~~2321.	78423

~~The Director of Budget and Management shall transfer any~~	78424
~~remaining appropriation from appropriation item 200416,~~	78425
~~Career-Technical Education Match, to appropriation item 200426,~~	78426
~~Ohio Educational Computer Network, to support the Ohio Educational~~	78427
~~Computer Network.~~	78428

~~COMPUTER/APPLICATION/NETWORK~~INFORMATION TECHNOLOGY	78429
DEVELOPMENT AND SUPPORT	78430

The foregoing appropriation item 200420,	78431
~~Computer/Application/Network~~Information Technology Development	78432
and Support, shall be used to support the development and	78433
implementation of information technology solutions designed to	78434
improve the performance and services of the Department of	78435
Education. Funds may be used for personnel, maintenance, and	78436
equipment costs related to the development and implementation of	78437
these technical system projects. Implementation of these systems	78438
shall allow the Department to provide greater levels of assistance	78439
to school districts and to provide more timely information to the	78440
public, including school districts, administrators, and	78441
legislators. Funds may also be used to support data-driven	78442
decision-making and differentiated instruction, as well as to	78443
communicate academic content standards and curriculum models to	78444
schools through web-based applications.	78445

Sec. 267.10.40. SCHOOL MANAGEMENT ASSISTANCE

78446

Of the foregoing appropriation item 200422, School Management	78447
Assistance, $1,000,000 in each fiscal year ~~2012 and $1,300,000 in~~	78448
~~fiscal year 2013~~ shall be used by the Auditor of State in	78449
consultation with the Department of Education for expenses	78450
incurred in the Auditor of State's role relating to fiscal	78451
caution, fiscal watch, and fiscal emergency activities as defined	78452
in Chapter 3316. of the Revised Code and may also be used by the	78453
Auditor of State to conduct performance audits of other school	78454
districts with priority given to districts in fiscal distress.	78455
Districts in fiscal distress shall be determined by the Auditor of	78456
State and shall include districts that the Auditor of State, in	78457
consultation with the Department of Education, determines are	78458
employing fiscal practices or experiencing budgetary conditions	78459
that could produce a state of fiscal watch or fiscal emergency.	78460

The remainder of appropriation item 200422, School Management	78461
Assistance, shall be used by the Department of Education to	78462
provide fiscal technical assistance and inservice education for	78463
school district management personnel and to administer, monitor,	78464
and implement the fiscal caution, fiscal watch, and fiscal	78465
emergency provisions under Chapter 3316. of the Revised Code.	78466

COMMUNITY SCHOOL AND CHOICE PROGRAMS

78467

An amount equal to the unexpended, unencumbered balances of	78468
the GRF appropriations for the Department of Education at the end	78469
of fiscal year 2012, but not to exceed $600,000, is hereby	78470
reappropriated to appropriation item 200455, Community Schools and	78471
Choice Programs, for fiscal year 2013 for the Department of	78472
Education to provide STEM schools with matching funds for industry	78473
workforce development initiatives.	78474

If the unexpended, unencumbered balances reappropriated above	78475
are less than $600,000, the Superintendent of Public Instruction	78476
shall identify outstanding GRF encumbrances of the Department for	78477
fiscal year 2012 and prior fiscal years that are no longer needed	78478
to support the obligations of the Department. On July 1, 2012, or	78479
as soon as possible thereafter, the Superintendent shall certify	78480
the identified encumbrances to the Director of Budget and	78481
Management. Upon receipt of the certification, the Director of	78482
Budget and Management shall cancel identified encumbrances in an	78483
amount up to the difference between $600,000 and the amount	78484
reappropriated above. The amount of canceled encumbrances is	78485
hereby appropriated to appropriation item 200455, Community	78486
Schools and Choice Programs, for fiscal year 2013 for the	78487
Department of Education to provide STEM schools with matching	78488
funds for industry workforce development initiatives.	78489

Sec. 267.30.20. SPECIAL EDUCATION ENHANCEMENTS

78490

Of the foregoing appropriation item 200540, Special Education	78491
Enhancements, up to $2,206,875 in each fiscal year shall be used	78492
for home instruction for children with disabilities.	78493

Of the foregoing appropriation item 200540, Special Education	78494
Enhancements, up to $45,282,959 in each fiscal year shall be used	78495
to fund special education and related services at county boards of	78496
developmental disabilities for eligible students under section	78497
3317.20 of the Revised Code and at institutions for eligible	78498
students under section 3317.201 of the Revised Code.	78499
Notwithstanding the distribution formulas under sections 3317.20	78500
and 3317.201 of the Revised Code, funding for DD boards and	78501
institutions for fiscal year 2012 and fiscal year 2013 shall be	78502
determined by providing the per pupil amount received by each DD	78503
board and institution for the prior fiscal year for each student	78504
served in the current fiscal year.	78505

Of the foregoing appropriation item 200540, Special Education	78506
Enhancements, up to $1,333,468 in each fiscal year shall be used	78507
for parent mentoring programs.	78508

Of the foregoing appropriation item 200540, Special Education	78509
Enhancements, up to $2,537,824 in each fiscal year may be used for	78510
school psychology interns.	78511

The remainder of appropriation item 200540, Special Education	78512
Enhancements, shall be distributed by the Department of Education	78513
to county boards of developmental disabilities, educational	78514
service centers, and school districts for preschool special	78515
education units and preschool supervisory units under section	78516
3317.052 of the Revised Code. To the greatest extent possible, the	78517
Department of Education shall allocate these units to school	78518
districts and educational service centers.	78519

The Department may reimburse county DD boards, educational	78520
service centers, and school districts for services provided by	78521
instructional assistants, related services as defined in rule	78522
3301-51-11 of the Administrative Code, physical therapy services	78523
provided by a licensed physical therapist or physical therapist	78524
assistant under the supervision of a licensed physical therapist	78525
as required under Chapter 4755. of the Revised Code and Chapter	78526
4755-27 of the Administrative Code and occupational therapy	78527
services provided by a licensed occupational therapist or	78528
occupational therapy assistant under the supervision of a licensed	78529
occupational therapist as required under Chapter 4755. of the	78530
Revised Code and Chapter 4755-7 of the Administrative Code.	78531
Nothing in this section authorizes occupational therapy assistants	78532
or physical therapist assistants to generate or manage their own	78533
caseloads.	78534

The Department of Education shall require school districts,	78535
educational service centers, and county DD boards serving	78536
preschool children with disabilities to adhere to Ohio's Early	78537
Learning Program Guidelines, participate in the tiered quality	78538
rating and improvement system developed under section 5104.30 of	78539
the Revised Code, and document child progress using research-based	78540
indicators prescribed by the Department and report results	78541
annually. The reporting dates and method shall be determined by	78542
the Department. Effective July 1, 2018, all programs shall be	78543
rated through the tiered quality rating and improvement system.	78544

Sec. 267.30.40. FOUNDATION FUNDING

78545

Of the foregoing appropriation item 200550, Foundation	78546
Funding, up to $675,000 in each fiscal year shall be used to	78547
support the work of the College of Education and Human Ecology at	78548
the Ohio State University in reviewing and assessing the alignment	78549
of courses offered through the distance learning clearinghouse	78550
established in sections 3333.81 to 3333.88 of the Revised Code	78551
with the academic content standards adopted under division (A) of	78552
section 3301.079 of the Revised Code.	78553

Of the foregoing appropriation item 200550, Foundation	78554
Funding, up to $250,000 in each fiscal year may be used by the	78555
Department to fund a shared services pilot project involving at	78556
least two educational service centers. The pilot project shall	78557
focus on the design, implementation, and evaluation of a shared	78558
service delivery model. The educational service centers	78559
participating in the pilot project shall submit a report not later	78560
than September 1, 2013, to the Governor, members of the General	78561
Assembly, and members of the State Board of Education, reviewing	78562
the opportunities and challenges of implementing shared services	78563
initiatives as well as any real or projected cost efficiencies	78564
achieved through the pilot project.	78565

Of the foregoing appropriation item 200550, Foundation	78566
Funding, up to $50,000 shall be expended in each fiscal year for	78567
court payments under section 2151.362 of the Revised Code.	78568

Of the foregoing appropriation item 200550, Foundation	78569
Funding, up to $8,100,000 in each fiscal year shall be used to	78570
fund gifted education at educational service centers.	78571
Notwithstanding division (D)(5) of section 3317.018 of the Revised	78572
Code, the Department shall distribute the funding through the	78573
unit-based funding methodology in place under division (L) of	78574
section 3317.024, division (E) of section 3317.05, and divisions	78575
(A), (B), and (C) of section 3317.053 of the Revised Code as they	78576
existed prior to fiscal year 2010.	78577

Of the foregoing appropriation item 200550, Foundation	78578
Funding, up to $10,000,000 in each fiscal year shall be used to	78579
provide additional state aid to school districts, joint vocational	78580
school districts, and community schools for special education	78581
students under division (C)(3) of section 3317.022 of the Revised	78582
Code, except that the Controlling Board may increase these amounts	78583
if presented with such a request from the Department of Education	78584
at the final meeting of the fiscal year; and up to $2,000,000 in	78585
each fiscal year shall be reserved for Youth Services tuition	78586
payments under section 3317.024 of the Revised Code.	78587

Of the foregoing appropriation item 200550, Foundation	78588
Funding, up to $41,760,000 in fiscal year 2012 and up to	78589
$35,496,000 in fiscal year 2013 shall be reserved to fund the	78590
state reimbursement of educational service centers under section	78591
3317.11 of the Revised Code and the section of this act entitled	78592
"EDUCATIONAL SERVICE CENTERS FUNDING"; and up to $3,545,752 in	78593
each fiscal year shall be distributed to educational service	78594
centers for School Improvement Initiatives. Educational service	78595
centers shall be required to support districts in the development	78596
and implementation of their continuous improvement plans as	78597
required in section 3302.04 of the Revised Code and to provide	78598
technical assistance and support in accordance with Title I of the	78599
"No Child Left Behind Act of 2001," 115 Stat. 1425, 20 U.S.C.	78600
6317.	78601

Of the foregoing appropriation item 200550, Foundation	78602
Funding, up to $700,000 in each fiscal year shall be used by the	78603
Department of Education for a program to pay for educational	78604
services for youth who have been assigned by a juvenile court or	78605
other authorized agency to any of the facilities described in	78606
division (A) of the section of this act entitled "PRIVATE	78607
TREATMENT FACILITY PROJECT."	78608

Of the foregoing appropriation item 200550, Foundation	78609
Funding, up to $12,522,860 in ~~each~~ fiscal year 2012 and up to	78610
$14,794,485 in fiscal year 2013 shall be used to support ~~the~~	78611
~~Cleveland~~ school choice ~~program~~programs.	78612

Of the portion of the funds distributed to the Cleveland	78613
Municipal School District under this section, up to $11,901,887 in	78614
each fiscal year shall be used to operate the school choice	78615
program in the Cleveland Municipal School District under sections	78616
3313.974 to 3313.979 of the Revised Code. Notwithstanding	78617
divisions (B) and (C) of section 3313.978 and division (C) of	78618
section 3313.979 of the Revised Code, up to $1,000,000 in each	78619
fiscal year of this amount shall be used by the Cleveland	78620
Municipal School District to provide tutorial assistance as	78621
provided in division (H) of section 3313.974 of the Revised Code.	78622
The Cleveland Municipal School District shall report the use of	78623
these funds in the district's three-year continuous improvement	78624
plan as described in section 3302.04 of the Revised Code in a	78625
manner approved by the Department of Education.	78626

Any sums, in addition to the amounts specifically	78627
appropriated in appropriation item 200550, Foundation Funding, for	78628
payments of the scholarships required under sections 3313.974 to	78629
3313.979 of the Revised Code, which are determined to be necessary	78630
by the Superintendent of Public Instruction, are hereby	78631
appropriated.	78632

Of the foregoing appropriation item 200550, Foundation	78633
Funding, an amount shall be available in each fiscal year to be	78634
paid to joint vocational school districts in accordance with the	78635
section of this act entitled "FUNDING FOR JOINT VOCATIONAL SCHOOL	78636
DISTRICTS."	78637

Of the foregoing appropriation item 200550, Foundation	78638
Funding, a portion in each fiscal year shall be paid to city,	78639
exempted village, and local school districts in accordance with	78640
the section of this act entitled "SUPPLEMENTAL SCHOOL DISTRICT	78641
FUNDING."	78642

Of the foregoing appropriation item 200550, Foundation	78643
Funding, a portion in each fiscal year shall be paid to school	78644
districts and community schools in accordance with the section of	78645
this act entitled "SUBSIDY FOR HIGH PERFORMING SCHOOL DISTRICTS."	78646

The remainder of appropriation item 200550, Foundation	78647
Funding, shall be used to distribute the amounts calculated for	78648
formula aid under Section 267.30.50 of this act.	78649

Appropriation items 200502, Pupil Transportation, 200540,	78650
Special Education Enhancements, and 200550, Foundation Funding,	78651
other than specific set-asides, are collectively used in each	78652
fiscal year to pay state formula aid obligations for school	78653
districts, community schools, STEM schools, and joint vocational	78654
school districts under this act. The first priority of these	78655
appropriation items, with the exception of specific set-asides, is	78656
to fund state formula aid obligations. It may be necessary to	78657
reallocate funds among these appropriation items or use excess	78658
funds from other general revenue fund appropriation items in the	78659
Department of Education's budget in each fiscal year, in order to	78660
meet state formula aid obligations. If it is determined that it is	78661
necessary to transfer funds among these appropriation items or to	78662
transfer funds from other General Revenue Fund appropriations in	78663
the Department of Education's budget to meet state formula aid	78664
obligations, the Department of Education shall seek approval from	78665
the Controlling Board to transfer funds as needed.	78666

Sec. 279.10. EPA ENVIRONMENTAL PROTECTION AGENCY

78667

General Services Fund Group	78668

1990	715602	Laboratory Services	$	402,295	$	408,560	78669
2190	715604	Central Support Indirect	$	8,594,348	$	8,555,680	78670
4A10	715640	Operating Expenses	$	2,304,267	$	2,093,039	78671
4D50	715618	Recycled State Materials	$	0	$	50,000	78672
TOTAL GSF General Services							78673
Fund Group			$	11,300,910	$	~~11,057,279~~ 11,107,279	78674

Federal Special Revenue Fund Group	78675

3530	715612	Public Water Supply	$	2,941,282	$	2,941,282	78676
3540	715614	Hazardous Waste Management - Federal	$	4,193,000	$	4,193,000	78677
3570	715619	Air Pollution Control - Federal	$	6,310,203	$	6,310,203	78678
3620	715605	Underground Injection Control - Federal	$	111,874	$	111,874	78679
3BU0	715684	Water Quality Protection	$	8,100,000	$	6,785,000	78680
3CS0	715688	Federal NRD Settlements	$	100,000	$	100,000	78681
3F20	715630	Revolving Loan Fund - Operating	$	907,543	$	907,543	78682
3F30	715632	Federally Supported Cleanup and Response	$	3,344,746	$	3,290,405	78683
3F50	715641	Nonpoint Source Pollution Management	$	6,265,000	$	6,260,000	78684
3T30	715669	Drinking Water State Revolving Fund	$	2,273,323	$	2,273,323	78685
3V70	715606	Agencywide Grants	$	600,000	$	600,000	78686
TOTAL FED Federal Special Revenue							78687
Fund Group			$	35,146,971	$	33,772,630	78688

State Special Revenue Fund Group	78689

4J00	715638	Underground Injection Control	$	445,234	$	445,571	78690
4K20	715648	Clean Air - Non Title V	$	3,152,306	$	2,906,267	78691
4K30	715649	Solid Waste	$	16,742,551	$	16,414,654	78692
4K40	715650	Surface Water Protection	$	7,642,625	$	6,672,246	78693
4K40	715686	Environmental Lab Service	$	2,096,007	$	2,096,007	78694
4K50	715651	Drinking Water Protection	$	7,410,118	$	7,405,428	78695
4P50	715654	Cozart Landfill	$	100,000	$	100,000	78696
4R50	715656	Scrap Tire Management	$	1,368,610	$	1,376,742	78697
4R90	715658	Voluntary Action Program	$	999,503	$	997,425	78698
4T30	715659	Clean Air - Title V Permit Program	$	16,349,471	$	16,241,822	78699
4U70	715660	Construction and Demolition Debris	$	425,913	$	433,591	78700
5000	715608	Immediate Removal Special Account	$	633,832	$	634,033	78701
5030	715621	Hazardous Waste Facility Management	$	10,241,107	$	9,789,620	78702
5050	715623	Hazardous Waste Cleanup	$	12,511,234	$	12,331,272	78703
5050	715674	Clean Ohio Environmental Review	$	108,104	$	108,104	78704
5320	715646	Recycling and Litter Control	$	0	$	4,911,575	78705
5410	715670	Site Specific Cleanup	$	2,048,101	$	2,048,101	78706
5420	715671	Risk Management Reporting	$	132,636	$	132,636	78707
5860	715637	Scrap Tire Market Development	$	0	$	1,497,645	78708
5920	715627	Anti Tampering Settlement	$	2,285	$	2,285	78709
5BC0	715617	Clean Ohio	$	611,455	$	611,455	78710
5BC0	715622	Local Air Pollution Control	$	2,297,980	$	2,297,980	78711
5BC0	715624	Surface Water	$	8,970,181	$	9,114,974	78712
5BC0	715672	Air Pollution Control	$	4,438,629	$	4,534,758	78713
5BC0	715673	Drinking and Ground Water	$	4,317,527	$	4,323,521	78714
5BC0	715675	Hazardous Waste	$	95,266	$	95,266	78715
5BC0	715676	Assistance and Prevention	$	640,179	$	645,069	78716
5BC0	715677	Laboratory	$	939,717	$	958,586	78717
5BC0	715678	Corrective Actions	$	31,765	$	105,423	78718
5BC0	715687	Areawide Planning Agencies	$	450,000	$	450,000	78719
5BC0	715692	Administration	$	8,562,476	$	8,212,627	78720
5BT0	715679	C&DD Groundwater Monitoring	$	203,800	$	203,800	78721
5BY0	715681	Auto Emissions Test	$	13,029,952	$	~~13,242,762~~ 11,242,762	78722
5CD0	715682	Clean Diesel School Buses	$	600,000	$	600,000	78723
5H40	715664	Groundwater Support	$	77,508	$	78,212	78724
5N20	715613	Dredge and Fill	$	29,250	$	29,250	78725
5Y30	715685	Surface Water Improvement	$	2,800,000	$	2,800,000	78726
6440	715631	ER Radiological Safety	$	279,838	$	279,966	78727
6600	715629	Infectious Waste Management	$	91,573	$	88,764	78728
6760	715642	Water Pollution Control Loan Administration	$	4,317,376	$	4,321,605	78729
6780	715635	Air Toxic Release	$	138,669	$	138,669	78730
6790	715636	Emergency Planning	$	2,623,192	$	2,623,252	78731
6960	715643	Air Pollution Control Administration	$	1,100,000	$	1,100,000	78732
6990	715644	Water Pollution Control Administration	$	220,000	$	220,000	78733
6A10	715645	Environmental Education	$	1,488,260	$	1,488,718	78734
TOTAL SSR State Special Revenue Fund Group			$	140,764,230	$	~~138,700,461~~ 143,109,681	78735

Clean Ohio Conservation Fund Group	78736

5S10	715607	Clean Ohio - Operating	$	284,083	$	284,124	78737
TOTAL CLF Clean Ohio Conservation Fund Group			$	284,083	$	284,124	78738
TOTAL ALL BUDGET FUND GROUPS			$	187,496,194	$	~~183,814,494~~ 188,273,714	78739

AUTOMOBILE EMISSIONS TESTING PROGRAM OPERATION AND OVERSIGHT

78740

On July 1 of each fiscal year, or as soon as possible	78741
thereafter, the Director of Budget and Management may transfer up	78742
to $13,029,952 in cash in fiscal year 2012, and up to $~~13,242,762~~	78743
11,242,762 in cash in fiscal year 2013 from the General Revenue	78744
Fund to the Auto Emissions Test Fund (Fund 5BY0) for the operation	78745
and oversight of the auto emissions testing program.	78746

AREAWIDE PLANNING AGENCIES

78747

The Director of Environmental Protection Agency may award	78748
grants from appropriation item 715687, Areawide Planning Agencies,	78749
to areawide planning agencies engaged in areawide water quality	78750
management and planning activities in accordance with Section 208	78751
of the "Federal Clean Water Act," 33 U.S.C. 1288.	78752

CORRECTIVE CASH TRANSFERS

78753

On July 1, 2011, or as soon as possible thereafter, the	78754
Director of Budget and Management shall transfer $376,891.85 in	78755
cash that was mistakenly deposited in the Clean Air Non Title V	78756
Fund (Fund 4K20) to the Clean Air Title V Permit Fund (Fund 4T30).	78757

On July 1, 2011, or as soon as possible thereafter, the	78758
Director of Budget and Management shall transfer $133,026.63 in	78759
cash that was mistakenly deposited in the Scrap Tire Management	78760
Fund (Fund 4R50) to the Site Specific Cleanup Fund (Fund 5410).	78761

Sec. 283.10. ETC ETECH OHIO

78762

General Revenue Fund	78763

GRF	935401	Statehouse News Bureau	$	215,561	$	215,561	78764
GRF	935402	Ohio Government Telecommunications Services	$	702,089	$	~~702,089~~ 1,002,089	78765
GRF	935408	General Operations	$	1,251,789	$	1,254,193	78766
GRF	935409	Technology Operations	$	2,092,432	$	2,091,823	78767
GRF	935410	Content Development, Acquisition, and Distribution	$	2,607,094	$	2,607,094	78768
GRF	935411	Technology Integration and Professional Development	$	4,251,185	$	4,252,671	78769
GRF	935412	Information Technology	$	829,340	$	829,963	78770
TOTAL GRF General Revenue Fund			$	11,949,490	$	~~11,953,394~~ 12,253,394	78771

General Services Fund Group	78772

4F30	935603	Affiliate Services	$	50,000	$	50,000	78773
4T20	935605	Government Television/Telecommunications Operating	$	25,000	$	25,000	78774
TOTAL GSF General Services Fund Group			$	75,000	$	75,000	78775

State Special Revenue Fund Group	78776

4W90	935630	Telecommunity	$	25,000	$	25,000	78777
4X10	935634	Distance Learning	$	24,150	$	24,150	78778
5D40	935640	Conference/Special Purposes	$	2,100,000	$	2,100,000	78779
5FK0	935608	Media Services	$	637,601	$	637,956	78780
5JU0	935611	Information Technology Services	$	1,455,000	$	1,455,000	78781
5T30	935607	Gates Foundation Grants	$	200,000	$	171,112	78782
TOTAL SSR State Special Revenue Fund Group			$	4,441,751	$	4,413,218	78783
TOTAL ALL BUDGET FUND GROUPS			$	16,466,241	$	~~16,441,612~~ 16,741,612	78784

Sec. 287.10. EXP OHIO EXPOSITIONS COMMISSION

78786

General Revenue Fund	78787

GRF	723403	Junior Fair Subsidy	$	250,000	$	250,000	78788
GRF	723501	Building Construction	$	0	$	1,000,000	78789
TOTAL GRF General Revenue Fund			$	250,000	$	~~250,000~~ 1,250,000	78790

State Special Revenue Fund Group	78791

4N20	723602	Ohio State Fair Harness Racing	$	400,000	$	400,000	78792
5060	723601	Operating Expenses	$	12,991,000	$	12,894,000	78793
TOTAL SSR State Special Revenue							78794
Fund Group			$	13,391,000	$	13,294,000	78795
TOTAL ALL BUDGET FUND GROUPS			$	13,641,000	$	~~13,544,000~~ 14,544,000	78796

STATE FAIR RESERVE

78797

The General Manager of the Expositions Commission may submit	78798
a request to the Controlling Board to use available amounts in the	78799
State Fair Reserve Fund (Fund 6400) if the following conditions	78800
apply:	78801

(A) Admissions receipts for the 2011 or 2012 Ohio State Fair	78802
are less than $1,982,000 because of inclement weather or	78803
extraordinary circumstances;	78804

(B) The Ohio Expositions Commission declares a state of	78805
fiscal exigency; and	78806

(C) The request contains a plan describing how the	78807
Expositions Commission will eliminate the cash shortage causing	78808
the request.	78809

The amount approved by the Controlling Board is hereby	78810
appropriated.	78811

BUILDING CONSTRUCTION

78812

The foregoing GRF appropriation item 723501, Building	78813
Construction, shall be used for acquiring purchased services and	78814
for construction of a new Expositions facility for which matching	78815
funds are received in the amount of $1,000,000 from a private	78816
sector partnering entity.	78817

Sec. 291.10. DOH DEPARTMENT OF HEALTH

78818

General Revenue Fund	78819

GRF	440412	Cancer Incidence Surveillance System	$	600,000	$	600,000	78820
GRF	440413	Local Health Department Support	$	2,302,788	$	2,303,061	78821
GRF	440416	Mothers and Children Safety Net Services	$	4,227,842	$	4,228,015	78822
GRF	440418	Immunizations	$	6,430,538	$	~~8,930,829~~ 8,825,829	78823
GRF	440431	Free Clinics Safety Net Services	$	437,326	$	437,326	78824
GRF	440438	Breast and Cervical Cancer Screening	$	823,217	$	823,217	78825
GRF	440444	AIDS Prevention and Treatment	$	5,842,315	$	5,842,315	78826
GRF	440451	Public Health Laboratory	$	3,654,348	$	3,655,449	78827
GRF	440452	Child and Family Health Services Match	$	630,390	$	630,444	78828
GRF	440453	Health Care Quality Assurance	$	8,170,694	$	8,174,361	78829
GRF	440454	Local Environmental Health	$	1,310,141	$	~~1,310,362~~ 1,194,634	78830
GRF	440459	Help Me Grow	$	33,673,545	$	33,673,987	78831
GRF	440465	Federally Qualified Health Centers	$	458,688	$	2,686,688	78832
GRF	440467	Access to Dental Care	$	540,484	$	540,484	78833
GRF	440468	Chronic Disease and Injury Prevention	$	2,577,251	$	~~2,577,251~~ 2,447,251	78834
GRF	440472	Alcohol Testing	$	550,000	$	1,100,000	78835
GRF	440505	Medically Handicapped Children	$	7,512,451	$	7,512,451	78836
GRF	440507	Targeted Health Care Services Over 21	$	1,045,414	$	1,045,414	78837
TOTAL GRF General Revenue Fund			$	80,787,432	$	~~86,071,654~~ 85,720,926	78838

State Highway Safety Fund Group	78839

4T40	440603	Child Highway Safety	$	233,894	$	233,894	78840
TOTAL HSF State Highway Safety							78841
Fund Group			$	233,894	$	233,894	78842

General Services Fund Group	78843

1420	440646	Agency Health Services	$	8,825,788	$	8,826,146	78844
2110	440613	Central Support Indirect Costs	$	28,900,000	$	29,000,000	78845
4730	440622	Lab Operating Expenses	$	5,000,000	$	5,000,000	78846
5HB0	440470	Breast and Cervical Cancer Screening	$	1,000,000	$	0	78847
6830	440633	Employee Assistance Program	$	1,100,000	$	1,100,000	78848
6980	440634	Nurse Aide Training	$	99,239	$	99,265	78849
TOTAL GSF General Services							78850
Fund Group			$	44,925,027	$	44,025,411	78851

Federal Special Revenue Fund Group	78852

3200	440601	Maternal Child Health Block Grant	$	27,068,886	$	27,068,886	78853
3870	440602	Preventive Health Block Grant	$	7,826,659	$	7,826,659	78854
3890	440604	Women, Infants, and Children	$	308,672,689	$	308,672,689	78855
3910	440606	Medicaid/Medicare	$	29,625,467	$	29,257,457	78856
3920	440618	Federal Public Health Programs	$	137,976,988	$	137,976,988	78857
TOTAL FED Federal Special Revenue							78858
Fund Group			$	511,170,689	$	510,802,679	78859

State Special Revenue Fund Group	78860

4700	440647	Fee Supported Programs	$	24,503,065	$	~~24,513,973~~ 24,263,973	78861
4710	440619	Certificate of Need	$	878,145	$	878,433	78862
4770	440627	Medically Handicapped Children Audit	$	3,692,704	$	3,692,703	78863
4D60	440608	Genetics Services	$	3,310,953	$	3,311,039	78864
4F90	440610	Sickle Cell Disease Control	$	1,032,754	$	1,032,824	78865
4G00	440636	Heirloom Birth Certificate	$	5,000	$	5,000	78866
4G00	440637	Birth Certificate Surcharge	$	5,000	$	5,000	78867
4L30	440609	Miscellaneous Expenses	$	3,333,164	$	3,333,164	78868
4P40	440628	Ohio Physician Loan Repayment	$	476,870	$	476,870	78869
4V60	440641	Save Our Sight	$	2,255,760	$	2,255,789	78870
5B50	440616	Quality, Monitoring, and Inspection	$	878,638	$	878,997	78871
5C00	440615	Alcohol Testing and Permit	$	551,018	$	0	78872
5CN0	440645	Choose Life	$	75,000	$	75,000	78873
5D60	440620	Second Chance Trust	$	1,151,815	$	1,151,902	78874
5ED0	440651	Smoke Free Indoor Air	$	190,452	$	190,452	78875
5G40	440639	Adoption Services	$	20,000	$	20,000	78876
5L10	440623	Nursing Facility Technical Assistance Program	$	687,500	$	687,528	78877
5Z70	440624	Ohio Dentist Loan Repayment	$	140,000	$	140,000	78878
6100	440626	Radiation Emergency Response	$	930,525	$	930,576	78879
6660	440607	Medically Handicapped Children - County Assessments	$	19,738,286	$	19,739,617	78880
TOTAL SSR State Special Revenue							78881
Fund Group			$	63,856,649	$	~~63,318,867~~ 63,068,867	78882

Holding Account Redistribution Fund Group	78883

R014	440631	Vital Statistics	$	44,986	$	44,986	78884
R048	440625	Refunds, Grants Reconciliation, and Audit Settlements	$	20,000	$	20,000	78885
TOTAL 090 Holding Account							78886
Redistribution Fund Group			$	64,986	$	64,986	78887

Tobacco Master Settlement Agreement Fund Group	78888

5BX0	440656	Tobacco Use Prevention	$	1,000,000	$	1,000,000	78889
TOTAL TSF Tobacco Master Settlement Agreement Fund Group			$	1,000,000	$	1,000,000	78890
TOTAL ALL BUDGET FUND GROUPS			$	702,038,677	$	~~705,517,491~~ 704,916,763	78891

Sec. 307.10. INS DEPARTMENT OF INSURANCE

78893

Federal Special Revenue Fund Group	78894

3EV0	820610	Health Insurance Premium Review	$	1,000,000	$	1,000,000	78895
3EW0	820611	Health Exchange Planning	$	1,000,000	$	1,000,000	78896
3U50	820602	OSHIIP Operating Grant	$	2,270,726	$	2,270,725	78897
TOTAL FED Federal Special							78898
Revenue Fund Group			$	4,270,726	$	4,270,725	78899

State Special Revenue Fund Group	78900

5540	820601	Operating Expenses - OSHIIP	$	190,000	$	180,000	78901
5540	820606	Operating Expenses	$	22,745,538	$	~~22,288,550~~ 22,931,817	78902
5550	820605	Examination	$	9,065,684	$	~~8,934,065~~ 8,184,065	78903
TOTAL SSR State Special Revenue							78904
Fund Group			$	32,001,222	$	~~31,402,615~~ 31,295,882	78905
TOTAL ALL BUDGET FUND GROUPS			$	36,271,948	$	~~35,673,340~~ 35,566,607	78906

MARKET CONDUCT EXAMINATION

78907

When conducting a market conduct examination of any insurer	78908
doing business in this state, the Superintendent of Insurance may	78909
assess the costs of the examination against the insurer. The	78910
superintendent may enter into consent agreements to impose	78911
administrative assessments or fines for conduct discovered that	78912
may be violations of statutes or rules administered by the	78913
superintendent. All costs, assessments, or fines collected shall	78914
be deposited to the credit of the Department of Insurance	78915
Operating Fund (Fund 5540).	78916

EXAMINATIONS OF DOMESTIC FRATERNAL BENEFIT SOCIETIES

78917

The Director of Budget and Management, at the request of the	78918
Superintendent of Insurance, may transfer funds from the	78919
Department of Insurance Operating Fund (Fund 5540), established by	78920
section 3901.021 of the Revised Code, to the Superintendent's	78921
Examination Fund (Fund 5550), established by section 3901.071 of	78922
the Revised Code, only for expenses incurred in examining domestic	78923
fraternal benefit societies as required by section 3921.28 of the	78924
Revised Code.	78925

TRANSFER FROM FUND 5540 TO GENERAL REVENUE FUND

78926

Not later than the thirty-first day of July each fiscal year,	78927
the Director of Budget and Management shall transfer $5,000,000	78928
from the Department of Insurance Operating Fund (Fund 5540) to the	78929
General Revenue Fund.	78930

Sec. 309.10. JFS DEPARTMENT OF JOB AND FAMILY SERVICES

78931

General Revenue Fund	78932

GRF	600321	Program Support ~~Services~~					78933
		State	$	34,801,760	$	~~31,932,117~~ 31,612,796	78934
		Federal	$	9,322,222	$	~~9,207,441~~ 9,115,366	78935
		Program Support ~~Services~~ Total	$	44,123,982	$	~~41,139,558~~ 40,728,162	78936
GRF	600410	TANF State/Maintenance of Effort	$	151,386,934	$	151,386,934	78937
GRF	600413	Child Care ~~Match~~ State/Maintenance of Effort	$	84,732,730	$	84,732,730	78938
GRF	600416	~~Computer~~ Information Technology Projects					78939
		State	$	67,955,340	$	~~69,263,506~~ 68,570,871	78940
		Federal	$	13,105,167	$	~~12,937,222~~ 12,807,850	78941
		~~Computer~~ Information Technology Projects Total	$	81,060,507	$	~~82,200,728~~ 81,378,721	78942
GRF	600417	Medicaid Provider Audits	$	1,312,992	$	~~1,312,992~~ 1,299,862	78943
GRF	600420	Child Support ~~Administration~~ Programs	$	6,163,534	$	~~6,065,588~~ 6,004,932	78944
GRF	600421	~~Office of~~ Family ~~Stability~~ Assistance Programs	$	3,768,929	$	~~3,757,493~~ 3,719,918	78945
GRF	600423	~~Office of Children and~~ Families and Children Programs	$	5,123,406	$	4,978,756	78946
GRF	600425	~~Office of Ohio~~ Health ~~Plans~~ Care Programs					78947
		State	$	13,149,582	$	~~15,740,987~~ 15,583,577	78948
		Federal	$	12,556,921	$	~~12,286,234~~ 12,163,372	78949
		~~Office of Ohio~~ Health ~~Plans~~ Care Programs Total	$	25,706,503	$	~~28,027,221~~ 27,746,949	78950
GRF	600502	~~Administration~~ Child Support - Local	$	23,814,103	$	23,814,103	78951
GRF	600511	Disability Financial Assistance	$	26,599,666	$	27,108,734	78952
GRF	600521	~~Entitlement Administration~~ Family Assistance - Local	$	72,200,721	$	72,200,721	78953
GRF	600523	Family and Children ~~and Families~~ Services	$	~~53,605,323~~ 52,605,323	$	~~53,105,323~~ 54,105,323	78954
GRF	600525	Health Care/Medicaid					78955
		State	$	4,313,761,372	$	~~4,689,051,017~~ 4,689,701,017	78956
		Federal	$	7,530,008,024	$	~~8,429,762,527~~ 8,430,897,261	78957
		Health Care Total	$	11,843,769,396	$	~~13,118,813,544~~ 13,120,598,278	78958
GRF	600526	Medicare Part D	$	277,996,490	$	296,964,743	78959
GRF	600528	Adoption Services					78960
		State	$	29,257,932	$	29,257,932	78961
		Federal	$	41,085,169	$	41,085,169	78962
		Adoption Services Total	$	70,343,101	$	70,343,101	78963
GRF	600533	Child, Family, and Adult Community & Protective Services	$	13,500,000	$	13,500,000	78964
GRF	600534	Adult Protective Services	$	366,003	$	366,003	78965
GRF	600535	Early Care and Education	$	123,596,474	$	123,596,474	78966
GRF	600537	Children's Hospital	$	6,000,000	$	6,000,000	78967
GRF	600540	Second Harvest Food Banks	$	4,000,000	$	4,000,000	78968
GRF	600541	Kinship Permanency Incentive Program	$	2,500,000	$	3,500,000	78969
TOTAL GRF General Revenue Fund							78970
		State	$	~~5,315,593,291~~ 5,314,593,291	$	~~5,711,636,153~~ 5,712,005,426	78971
		Federal	$	7,606,077,503	$	~~8,505,278,593~~ 8,506,069,018	78972
		GRF Total	$	~~12,921,670,794~~ 12,920,670,794	$	~~14,216,914,746~~ 14,218,074,444	78973

General Services Fund Group	78974

4A80	600658	Public Assistance Activities	$	34,000,000	$	34,000,000	78975
5C90	600671	Medicaid Program Support	$	85,800,878	$	~~82,839,266~~ 0	78976
5DL0	600639	~~Medicaid Revenue and Collections~~ Health Care/Medicaid Support - Recoveries	$	89,256,974	$	~~84,156,974~~ 166,996,240	78977
5DM0	600633	Administration & Operating	$	20,392,173	$	~~19,858,928~~ 19,660,339	78978
5FX0	600638	Medicaid Payment Withholding	$	5,000,000	$	6,000,000	78979
5HL0	600602	State and County Shared services	$	3,020,000	$	3,020,000	78980
5P50	600692	~~Prescription Drug Rebate - State~~ Health Care/Medicaid Support - Drug Rebates	$	220,600,000	$	242,600,000	78981
6130	600645	Training Activities	$	500,000	$	500,000	78982
TOTAL GSF General Services							78983
Fund Group			$	458,570,025	$	~~472,975,168~~ 472,776,579	78984

Federal Special Revenue Fund Group	78985

3270	600606	Child Welfare	$	29,769,865	$	29,769,866	78986
3310	600615	Veterans Programs	$	0	$	8,000,000	78987
3310	600624	Employment Services Programs	$	0	$	33,943,023	78988
3310	600686	~~Federal Operating~~ Workforce Programs	$	49,128,140	$	~~48,203,023~~ 6,260,000	78989
3840	600610	Food Assistance ~~and State Administration~~ Programs	$	180,381,394	$	180,381,394	78990
3850	600614	Refugee Services	$	11,582,440	$	12,564,952	78991
3950	600616	~~Special Activities/Child and Family Services~~ Federal Discretionary Grants	$	2,259,264	$	2,259,264	78992
3960	600620	Social Services Block Grant	$	64,999,999	$	64,999,998	78993
3970	600626	Child Support - Federal	$	255,812,837	$	255,813,528	78994
3980	600627	Adoption ~~Maintenance/ Administration~~ Program - Federal	$	352,183,862	$	~~352,184,253~~ 174,178,779	78995
3A20	600641	Emergency Food Distribution	$	5,000,000	$	5,000,000	78996
3AW0	600675	Faith Based Initiatives	$	544,140	$	544,140	78997
3D30	600648	Children's Trust Fund Federal	$	2,040,524	$	2,040,524	78998
3ER0	600603	Health Information Technology	$	411,661,286	$	416,395,286	78999
3F00	600623	Health Care Federal	$	2,637,061,505	$	2,720,724,869	79000
3F00	600650	Hospital Care Assurance ~~Match~~ - Federal	$	372,784,046	$	380,645,627	79001
3FA0	600680	~~Ohio~~ Health Care Grants - Federal	$	9,405,000	$	20,000,000	79002
3G50	600655	Interagency Reimbursement	$	1,621,305,787	$	1,380,391,478	79003
3H70	600617	Child Care Federal	$	208,290,036	$	204,813,731	79004
3N00	600628	~~IV-E~~ Foster Care ~~Maintenance~~ Program - Federal	$	133,963,142	$	~~133,963,142~~ 311,968,616	79005
3S50	600622	Child Support Projects	$	534,050	$	534,050	79006
3V00	600688	Workforce Investment Act Programs	$	176,496,250	$	172,805,562	79007
3V40	600678	Federal Unemployment Programs	$	188,680,096	$	186,723,415	79008
3V40	600679	~~Unemployment Compensation~~ UC Review Commission - Federal	$	4,166,988	$	4,068,758	79009
3V60	600689	TANF Block Grant	$	727,968,260	$	727,968,260	79010
TOTAL FED Federal Special Revenue							79011
Fund Group			$	7,446,018,911	$	7,302,795,120	79012

State Special Revenue Fund Group	79013

1980	600647	Children's Trust Fund	$	5,873,637	$	5,873,848	79014
4A90	600607	Unemployment Compensation Administration Fund	$	21,924,998	$	21,424,998	79015
4A90	600694	~~Unemployment Compensation~~ UC Review Commission - SAF	$	2,173,167	$	2,117,031	79016
4E30	600605	~~Nursing Home Assessments~~ Resident Protection Fund	$	2,878,320	$	2,878,319	79017
4E70	600604	~~Child and~~ Family and Children Services Collections	$	400,000	$	400,000	79018
4F10	600609	Family and Children ~~and Family Services~~ Activities	$	683,359	$	683,549	79019
4K10	600621	~~ICF/MR Bed Assessments~~ DDD Support - Franchise Fee	$	41,405,596	$	44,372,874	79020
4Z10	600625	HealthCare Compliance	$	11,551,076	$	14,582,000	79021
5AJ0	600631	Money Follows the Person	$	5,483,080	$	4,733,080	79022
5DB0	600637	Military Injury ~~Grants~~ Relief Subsidies	$	2,000,000	$	2,000,000	79023
5DP0	600634	Adoption Assistance Loan	$	500,000	$	500,000	79024
5ES0	600630	Food Bank Assistance	$	500,000	$	500,000	79025
5GF0	600656	~~Medicaid~~ Health Care/Medicaid Support - Hospital/UPL	$	436,000,000	$	436,000,000	79026
5KC0	600682	Health Care ~~Special Activities~~ Grants - State	$	10,000,000	$	10,000,000	79027
5KU0	600611	Unemployment Compensation Support - Other Sources	$	2,000,000	$	4,000,000	79028
5R20	600608	~~Medicaid-Nursing Facilities~~ Long-Term Care Support	$	402,489,308	$	407,100,746	79029
5S30	600629	~~MR/DD Medicaid Administration~~ Health Care Program and ~~Oversight~~ DDD Support	$	9,252,738	$	9,147,791	79030
5U30	600654	Health Care ~~Services Administration~~ Program Support	$	24,400,000	$	~~24,400,000~~ 24,156,000	79031
5U60	600663	~~Children~~ Family and ~~Family~~ Children Support	$	4,000,000	$	4,000,000	79032
6510	600649	Hospital Care Assurance Program Fund	$	212,526,123	$	217,008,050	79033
TOTAL SSR State Special Revenue							79034
Fund Group			$	~~1,194,041,402~~ 1,196,041,402	$	~~1,207,722,286~~ 1,211,478,286	79035

Agency Fund Group	79036

1920	600646	Child Support Intercept - Federal	$	130,000,000	$	~~130,000,000~~ 129,250,000	79037
5830	600642	Child Support Intercept - State	$	16,000,000	$	~~16,000,000~~ 14,000,000	79038
5B60	600601	Food Assistance Intercept	$	2,000,000	$	~~2,000,000~~ 1,000,000	79039
TOTAL AGY Agency Fund Group			$	148,000,000	$	~~148,000,000~~ 144,250,000	79040

Holding Account Redistribution Fund Group	79041

R012	600643	Refunds and Audit Settlements	$	2,200,000	$	2,200,000	79042
R013	600644	Forgery Collections	$	10,000	$	10,000	79043
TOTAL 090 Holding Account Redistribution Fund Group			$	2,210,000	$	2,210,000	79044
TOTAL ALL BUDGET FUND GROUPS			$	~~22,170,511,132~~ 22,171,511,132	$	~~23,350,617,320~~ 23,351,584,429	79045

Sec. 309.30.10. HEALTH CARE/MEDICAID

79047

The foregoing appropriation item 600525, Health	79048
Care/Medicaid, shall not be limited by section 131.33 of the	79049
Revised Code.	79050

HEALTH CARE/MEDICAID ENDING BALANCE

79051

Thirty million dollars of the unexpended and unencumbered	79052
portion of appropriation item 600525, Health Care/Medicaid, at the	79053
end of fiscal year 2012 is hereby reappropriated to the Department	79054
of Job and Family Services for payments to nursing facilities for	79055
fiscal year 2013 in accordance with the section of this act titled	79056
"FISCAL YEAR 2013 QUALITY BONUS PAYMENTS TO NURSING FACILITIES."	79057

Sec. 309.30.30. REDUCTION IN MEDICAID PAYMENT RATES

79058

(A) As used in this section, "charge high trim point" means a	79059
measure, excluding the measure established by paragraph (A)(6) of	79060
rule 5101:3-2-07.9 of the Administrative Code, used to determine	79061
whether a claim for a hospital inpatient service qualifies for a	79062
cost outlier payment under the Medicaid program.	79063

(B) For fiscal year 2012 and fiscal year 2013, the Director	79064
of Job and Family Services shall implement purchasing strategies	79065
and rate reductions for hospital and other Medicaid-covered	79066
services, as determined by the Director, that result in payment	79067
rates for those services being at least two per cent less than the	79068
respective payment rates for fiscal year 2011. In implementing the	79069
purchasing strategies and rate reductions, the Director shall do	79070
the following:	79071

(1) Notwithstanding the section of ~~this act~~Am. Sub. H.B. 153	79072
of the 129th General Assembly titled "CONTINUATION OF MEDICAID	79073
RATES FOR HOSPITAL INPATIENT AND OUTPATIENT SERVICES," modernize	79074
hospital inpatient and outpatient reimbursement methodologies by	79075
doing the following:	79076

(a) Modifying the inpatient hospital capital reimbursement	79077
methodology;	79078

(b) Establishing new diagnosis-related groups in a	79079
cost-neutral manner;	79080

(c) For hospital discharges that occur during the period	79081
beginning October 1, 2011, and ending January 1, 2012, modifying	79082
charge high trim points, as in effect on January 1, 2011, by a	79083
factor of 13.6%;	79084

(d) For hospital discharges that occur during the period	79085
beginning January 1, 2012, and ending on the effective date of the	79086
first of the new diagnosis-related groups established under	79087
division (B)(1)(b) of this section, modifying charge high trim	79088
points, as in effect on October 1, 2011, by a factor of 9.72%;	79089

(e) Implementing other changes the Director considers	79090
appropriate.	79091

(2) Establish selective contracting and prior authorization	79092
requirements for types of medical assistance the Director	79093
identifies.	79094

(C) The Director shall adopt rules under ~~section~~sections	79095
5111.02 and 5111.85 of the Revised Code as necessary to implement	79096
this section. The rules adopted to implement divisions (B)(1)(a),	79097
(b), and (e) of this section shall include quality factors and	79098
quality-based incentive payments.	79099

(D) This section does not apply to nursing facility and	79100
intermediate care facility for the mentally retarded services	79101
provided under the Medicaid program.	79102

Sec. 309.30.33. HOSPITAL INPATIENT AND OUTPATIENT	79103
SUPPLEMENTAL UPPER PAYMENT LIMIT PROGRAM; MEDICAID MANAGED CARE	79104
HOSPITAL INCENTIVE PAYMENT PROGRAM	79105

(A) As used in this section:

79106

(1) "Hospital" has the same meaning as in section 5112.40 of	79107
the Revised Code.	79108

(2) "Hospital Assessment Fund" means the fund created under	79109
section 5112.45 of the Revised Code.	79110

(3) "Medicaid managed care organization" means an entity	79111
under contract pursuant to section 5111.17 of the Revised Code to	79112
provide or arrange services for Medicaid recipients who are	79113
required or permitted to participate in the Medicaid care	79114
management system.	79115

(B) The Department of Job and Family Services shall submit to	79116
the United States Secretary of Health and Human Services a	79117
Medicaid state plan amendment to do both of the following:	79118

(1) Continue the Hospital Inpatient and Outpatient	79119
Supplemental Upper Payment Limit Program that was established	79120
pursuant to Section 309.30.17 of Am. Sub. H.B. 1 of the 128th	79121
General Assembly, with any modifications necessary to implement	79122
the program as described under division (D) of this section;	79123

(2) Create the Medicaid Managed Care Hospital Incentive	79124
Payment Program, as described under division (E) of this section.	79125

(C) Of the amounts deposited into the Hospital Assessment	79126
Fund in fiscal year 2012 and fiscal year 2013:	79127

(1) Up to $432,432,725 (state and federal) in fiscal year	79128
2012 and up to $415,162,388 (state and federal) in fiscal year	79129
2013 shall be used for the Hospital Inpatient and Outpatient	79130
Supplemental Upper Payment Limit Program;	79131

(2) Up to $162,000,000 (state and federal) in each fiscal	79132
year shall be used for the Medicaid Managed Care Hospital	79133
Incentive Payment Program;	79134

(3) Up to $176,021,111 (state and federal) in fiscal year	79135
2012 and up to $195,158,394 (state and federal) in fiscal year	79136
2013 shall be used for the program authorized by the section of	79137
~~this act~~Am. Sub. H.B. 153 of the 129th General Assembly titled	79138
"CONTINUATION OF MEDICAID RATES FOR HOSPITAL INPATIENT AND	79139
OUTPATIENT SERVICES."	79140

(D)(1) If the Medicaid state plan amendment submitted under	79141
division (B)(1) of this section is approved, the Department shall	79142
implement the Hospital Inpatient and Outpatient Supplemental Upper	79143
Payment Limit Program during fiscal year 2012 and fiscal year	79144
2013. Under the Program, subject to division (D)(2) of this	79145
section, supplemental Medicaid payments shall be made to hospitals	79146
for Medicaid-covered inpatient and outpatient services. The	79147
Department shall make the payments through amounts that are made	79148
available for the Program under division (C) of this section and	79149
any federal financial participation available for the Program.	79150

(2) The Department shall take all actions necessary to cease	79151
implementation of the Program if the United States Secretary	79152
determines that the assessment imposed under section 5112.41 of	79153
the Revised Code is an impermissible healthcare-related tax under	79154
section 1903(w) of the "Social Security Act," 105 Stat. 1793	79155
(1991), 42 U.S.C. 1396b(w), as amended.	79156

(E)(1) If the Medicaid state plan amendment submitted under	79157
division (B)(2) of this section is approved, the Department shall	79158
implement the Medicaid Managed Care Hospital Incentive Payment	79159
Program. The purpose of the Program is to increase access to	79160
hospital services for Medicaid recipients who are enrolled in	79161
Medicaid managed care organizations.	79162

Under the Program, subject to division (E)(3) of this	79163
section, funds shall be provided to Medicaid managed care	79164
organizations, which shall use the funds to increase payments to	79165
hospitals for providing services to Medicaid recipients who are	79166
enrolled in the organizations. The Department shall provide the	79167
funds through amounts that are made available for the Program	79168
under division (C) of this section and any federal financial	79169
participation available for the Program.	79170

(2) Not later than July 1, 2012, the Department shall select	79171
an actuary to conduct a study of the contracted reimbursement	79172
rates between Medicaid managed care organizations and hospitals.	79173
The actuary shall determine if a reduction in the capitation rates	79174
paid to Medicaid managed care organizations in fiscal year 2013 is	79175
appropriate as a result of the contracted reimbursement rates	79176
between the organizations and hospitals. The actuary shall notify	79177
the Department of its determination.	79178

If the actuary determines that a reduction in the capitation	79179
rates paid to Medicaid managed care organizations in fiscal year	79180
2013 will not achieve $22 million in state savings in fiscal year	79181
2013, the state shall receive the difference between what the	79182
actuary determines the state will save and $22 million. The	79183
Department, in consultation with the Ohio Association of Health	79184
Plans and the Ohio Hospital Association, shall establish a	79185
methodology under which the difference is paid equally by Medicaid	79186
managed care organizations and hospitals in this state.	79187

Notwithstanding anything to the contrary specified in	79188
division (E)(3)(b) or (c) of this section, the Medicaid managed	79189
care organizations and hospitals shall pay the amounts determined	79190
under the methodology, unless the Department waives the	79191
requirement to make the payments. The requirement may be waived if	79192
spending for the Medicaid program in fiscal year 2013 is less than	79193
the amount that is budgeted for that fiscal year. If payments are	79194
made, the amount received by the Department shall be deposited	79195
into the state treasury to the credit of the Health Care	79196
Compliance Fund created under section ~~5111.171~~5111.946 of the	79197
Revised Code.	79198

(3)(a) The Department shall not provide funds to Medicaid	79199
managed care organizations under the Program unless an actuary	79200
selected by the Department certifies that the Program would not	79201
violate the actuarial soundness of the capitation rates paid to	79202
Medicaid managed care organizations.	79203

(b) The Department shall not implement the Program in a	79204
manner that causes a hospital to receive less money from the	79205
Hospital Assessment Fund than the hospital would have received if	79206
the Program were not implemented.	79207

(c) The Department shall not implement the Program in a	79208
manner that causes a Medicaid managed care organization to receive	79209
a lower capitation payment rate solely because funds are made	79210
available to the organization under the Program.	79211

(d) The Department shall take all necessary actions to cease	79212
implementation of the Program if the United States Secretary	79213
determines that the assessment imposed under section 5112.41 of	79214
the Revised Code is an impermissible healthcare-related tax under	79215
section 1903(w) of the "Social Security Act," 105 Stat. 1793	79216
(1991), 42 U.S.C. 1396b(w), as amended.	79217

(F) The Director of Budget and Management may authorize	79218
additional expenditures from appropriation item 600623, Health	79219
Care Federal, appropriation item 600525, Health Care/Medicaid, and	79220
appropriation item 600656, Medicaid-Hospital, in order to	79221
implement the programs authorized by this section and to implement	79222
the section of ~~this act~~Am. Sub. H.B. 153 of the 129th General	79223
Assembly titled "CONTINUATION OF MEDICAID RATES FOR HOSPITAL	79224
INPATIENT AND OUTPATIENT SERVICES." Any amounts authorized are	79225
hereby appropriated.	79226

(G) Nothing in this section reduces payments to children's	79227
hospitals authorized under the section of ~~this act~~Am. Sub. H.B.	79228
153 of the 129th General Assembly titled "CHILDREN'S HOSPITALS	79229
SUPPLEMENTAL FUNDING."	79230

Sec. 309.30.53. MEDICAID MANAGED CARE EXEMPTIONS

79231

(A) As used in this section, "disabled individual" means any	79232
individual receiving services through the program for medically	79233
handicapped children established under section 3701.023 of the	79234
Revised Code who has one or more of the following conditions:	79235

(1) Cystic fibrosis;

79236

(2) Hemophilia;

79237

(3) Cancer.

79238

(B) Notwithstanding section 5111.16 of the Revised Code, as	79239
amended by ~~this act~~Am. Sub. H.B. 153 of the 129th General	79240
Assembly, the Department of Job and Family Services shall not	79241
include in the care management system established under that	79242
section ~~in either fiscal year 2012 or fiscal year 2013 any~~	79243
~~individual receiving services through the program for medically~~	79244
~~handicapped children established under section 3701.023 of the~~	79245
~~Revised Code who has one or more of the following conditions and~~	79246
~~who was not receiving services through the care management system~~	79247
~~immediately before the effective date of this section:~~	79248

~~(1) Cystic fibrosis;~~

79249

~~(2) Hemophilia;~~

79250

~~(3) Cancer~~any disabled individual who was not receiving	79251
services through the care management system immediately before	79252
June 30, 2011, until the later of the following:	79253

(1) January 1, 2014;

79254

(2) One year after the date that the Department first	79255
designates any individual who receives Medicaid on the basis of	79256
being aged, blind, or disabled who is under twenty-one years of	79257
age as an individual who is permitted or required to participate	79258
in the care management system.	79259

Sec. 309.30.73. JOINT LEGISLATIVE COMMITTEE FOR UNIFIED	79260
LONG-TERM SERVICES AND SUPPORTS	79261

(A) There is hereby created the Joint Legislative Committee	79262
for Unified Long-Term Services and Supports. The Committee shall	79263
consist of the following members:	79264

(1) Two members of the House of Representatives from the	79265
majority party, appointed by the Speaker of the House of	79266
Representatives;	79267

(2) One member of the House of Representatives from the	79268
minority party, appointed by the Speaker of the House of	79269
Representatives;	79270

(3) Two members of the Senate from the majority party,	79271
appointed by the President of the Senate;	79272

(4) One member of the Senate from the minority party,	79273
appointed by the President of the Senate.	79274

(B) The Speaker of the House of Representatives shall	79275
designate one of the members of the Committee appointed under	79276
division (A)(1) of this section to serve as co-chairperson of the	79277
Committee. The President of the Senate shall designate one of the	79278
members of the Committee appointed under division (A)(3) of this	79279
section to serve as the other co-chairperson of the Committee. The	79280
Committee shall meet at the call of the co-chairpersons. The	79281
co-chairpersons may request assistance for the Committee from the	79282
Legislative Service Commission.	79283

79284

(1) The implementation of the dual eligible integrated care	79285
demonstration project authorized by section 5111.981 of the	79286
Revised Code;	79287

(2) The implementation of a unified long-term services and	79288
support Medicaid waiver component under section 5111.864 of the	79289
Revised Code;	79290

(3) Providing consumers choices regarding a continuum of	79291
services that meet their health-care needs, promote autonomy and	79292
independence, and improve quality of life;	79293

(4) Ensuring that long-term care services and supports are	79294
delivered in a cost-effective and quality manner;	79295

(5) Subjecting county homes, county nursing homes, and	79296
district homes operated pursuant to Chapter 5155. of the Revised	79297
Code to the franchise permit fee under sections 3721.50 to 3721.58	79298
of the Revised Code;	79299

(6) Other issues of interest to the committee.

79300

(D) The co-chairpersons of the Committee shall provide for	79301
the Medical Assistance Director ~~of the Office of Ohio Health Plans~~	79302
~~in the Department of Job and Family Services~~ to testify before the	79303
Committee not later than September 30, 2011, and at least	79304
quarterly thereafter regarding the issues that the Committee	79305
examines.	79306

Sec. 309.35.73. HEALTHCARE COMPLIANCE APPROPRIATION

79307

Notwithstanding the provisions of section ~~5111.171~~5111.946	79308
of the Revised Code specifying the uses of the ~~HealthCare~~Health	79309
Care Compliance Fund, appropriations in appropriation item 600625,	79310
HealthCare Compliance, may be used for expenses incurred in	79311
implementation or operation of Health Home programs, contracts for	79312
consultants regarding Medicaid, and for the creation,	79313
modification, or replacement of any federally funded Medicaid	79314
healthcare systems in fiscal year 2012 and fiscal year 2013.	79315

Sec. 313.10. JCO JUDICIAL CONFERENCE OF OHIO

79316

General Revenue Fund	79317

GRF	018321		Operating Expenses		$	~~720,000~~ 801,000		$	~~720,000~~ 801,700		79318
TOTAL GRF General Revenue Fund					$	~~720,000~~ 801,000		$	~~720,000~~ 801,700		79319

General Services Fund Group	79320

4030	018601	Ohio Jury Instructions	$	350,000	$	350,000	79321
TOTAL GSF General Services Fund Group			$	350,000	$	350,000	79322
TOTAL ALL BUDGET FUND GROUPS			$	~~1,070,000~~ 1,151,000	$	~~1,070,000~~ 1,151,700	79323

STATE COUNCIL OF UNIFORM STATE LAWS

79324

Notwithstanding section 105.26 of the Revised Code, of the	79325
foregoing appropriation item 018321, Operating Expenses, up to	79326
$81,000 in fiscal year 2012 and up to $81,700 in fiscal year 2013	79327
shall be used to pay the expenses of the State Council of Uniform	79328
State Laws, including membership dues to the National Conference	79329
of Commissioners on Uniform State Laws.	79330

OHIO JURY INSTRUCTIONS FUND

79331

The Ohio Jury Instructions Fund (Fund 4030) shall consist of	79332
grants, royalties, dues, conference fees, bequests, devises, and	79333
other gifts received for the purpose of supporting costs incurred	79334
by the Judicial Conference of Ohio in its activities as a part of	79335
the judicial system of the state as determined by the Judicial	79336
Conference Executive Committee. Fund 4030 shall be used by the	79337
Judicial Conference of Ohio to pay expenses incurred in its	79338
activities as a part of the judicial system of the state as	79339
determined by the Judicial Conference Executive Committee. All	79340
moneys accruing to Fund 4030 in excess of $350,000 in fiscal year	79341
2012 and in excess of $350,000 in fiscal year 2013 are hereby	79342
appropriated for the purposes authorized.	79343

No money in Fund 4030 shall be transferred to any other fund	79344
by the Director of Budget and Management or the Controlling Board.	79345

Sec. 315.10. JSC THE JUDICIARY/SUPREME COURT

79346

General Revenue Fund	79347

GRF	005321	Operating Expenses - Judiciary/Supreme Court	$	~~133,704,620~~ 132,347,507	$	~~132,565,410~~ 133,922,523	79348
GRF	005406	Law-Related Education	$	236,172	$	236,172	79349
GRF	005409	Ohio Courts Technology Initiative	$	2,150,000	$	2,150,000	79350
TOTAL GRF General Revenue Fund			$	~~136,090,792~~ 134,733,679	$	~~134,951,582~~ 136,308,695	79351

General Services Fund Group	79352

6720	005601		Continuing Judicial Education		$	172,142		$	169,420		79353
TOTAL GSF General Services Fund Group					$	172,142		$	169,420		79354

Federal Special Revenue Fund Group	79355

3J00	005603		Federal Grants		$	1,653,317		$	1,605,717		79356
TOTAL FED Federal Special Revenue Fund Group					$	1,653,317		$	1,605,717		79357

State Special Revenue Fund Group	79358

4C80	005605	Attorney Services	$	3,718,328	$	3,695,192	79359
5HT0	005617	Court Interpreter Certification	$	39,000	$	39,000	79360
5T80	005609	Grants and Awards	$	50,000	$	50,000	79361
6A80	005606	Supreme Court Admissions	$	1,223,340	$	1,205,056	79362
TOTAL SSR State Special Revenue Fund Group			$	5,030,668	$	4,989,248	79363
TOTAL ALL BUDGET FUND GROUPS			$	~~142,946,919~~ 141,589,806	$	~~141,715,967~~ 143,073,080	79364

OPERATING EXPENSES - JUDICIARY/SUPREME COURT

79365

Of the foregoing appropriation item 005321, Operating	79366
Expenses - Judiciary/Supreme Court, up to $206,770 in each fiscal	79367
year may be used to support the functions of the State Criminal	79368
Sentencing Council.	79369

LAW-RELATED EDUCATION

79370

The foregoing appropriation item 005406, Law-Related	79371
Education, shall be distributed directly to the Ohio Center for	79372
Law-Related Education for the purposes of providing continuing	79373
citizenship education activities to primary and secondary	79374
students, expanding delinquency prevention programs, increasing	79375
activities for at-risk youth, and accessing additional public and	79376
private money for new programs.	79377

OHIO COURTS TECHNOLOGY INITIATIVE

79378

The foregoing appropriation item 005409, Ohio Courts	79379
Technology Initiative, shall be used to fund an initiative by the	79380
Supreme Court to facilitate the exchange of information and	79381
warehousing of data by and between Ohio courts and other justice	79382
system partners through the creation of an Ohio Courts Network,	79383
the delivery of technology services to courts throughout the	79384
state, including the provision of hardware, software, and the	79385
development and implementation of educational and training	79386
programs for judges and court personnel, and operation of the	79387
Commission on Technology and the Courts by the Supreme Court for	79388
the promulgation of statewide rules, policies, and uniform	79389
standards, and to aid in the orderly adoption and comprehensive	79390
use of technology in Ohio courts.	79391

CONTINUING JUDICIAL EDUCATION

79392

The Continuing Judicial Education Fund (Fund 6720) shall	79393
consist of fees paid by judges and court personnel for attending	79394
continuing education courses and other gifts and grants received	79395
for the purpose of continuing judicial education. The foregoing	79396
appropriation item 005601, Continuing Judicial Education, shall be	79397
used to pay expenses for continuing education courses for judges	79398
and court personnel. If it is determined by the Administrative	79399
Director of the Supreme Court that additional appropriations are	79400
necessary, the amounts are hereby appropriated.	79401

No money in Fund 6720 shall be transferred to any other fund	79402
by the Director of Budget and Management or the Controlling Board.	79403
Interest earned on money in Fund 6720 shall be credited to the	79404
fund.	79405

FEDERAL GRANTS

79406

The Federal Grants Fund (Fund 3J00) shall consist of grants	79407
and other moneys awarded to the Supreme Court (The Judiciary) by	79408
the United States Government or other entities that receive the	79409
moneys directly from the United States Government and distribute	79410
those moneys to the Supreme Court (The Judiciary). The foregoing	79411
appropriation item 005603, Federal Grants, shall be used in a	79412
manner consistent with the purpose of the grant or award. If it is	79413
determined by the Administrative Director of the Supreme Court	79414
that additional appropriations are necessary, the amounts are	79415
hereby appropriated.	79416

No money in Fund 3J00 shall be transferred to any other fund	79417
by the Director of Budget and Management or the Controlling Board.	79418
However, interest earned on money in Fund 3J00 shall be credited	79419
or transferred to the General Revenue Fund.	79420

ATTORNEY SERVICES

79421

The Attorney Services Fund (Fund 4C80), formerly known as the	79422
Attorney Registration Fund, shall consist of money received by the	79423
Supreme Court (The Judiciary) pursuant to the Rules for the	79424
Government of the Bar of Ohio. In addition to funding other	79425
activities considered appropriate by the Supreme Court, the	79426
foregoing appropriation item 005605, Attorney Services, may be	79427
used to compensate employees and to fund appropriate activities of	79428
the following offices established by the Supreme Court: the Office	79429
of Disciplinary Counsel, the Board of Commissioners on Grievances	79430
and Discipline, the Clients' Security Fund, and the Attorney	79431
Services Division. If it is determined by the Administrative	79432
Director of the Supreme Court that additional appropriations are	79433
necessary, the amounts are hereby appropriated.	79434

No money in Fund 4C80 shall be transferred to any other fund	79435
by the Director of Budget and Management or the Controlling Board.	79436
Interest earned on money in Fund 4C80 shall be credited to the	79437
fund.	79438

COURT INTERPRETER CERTIFICATION

79439

The Court Interpreter Certification Fund (Fund 5HT0) shall	79440
consist of money received by the Supreme Court (The Judiciary)	79441
pursuant to Rules 80 through 87 of the Rules of Superintendence	79442
for the Courts of Ohio. The foregoing appropriation item 005617,	79443
Court Interpreter Certification, shall be used to provide	79444
training, to provide the written examination, and to pay language	79445
experts to rate, or grade, the oral examinations of those applying	79446
to become certified court interpreters. If it is determined by the	79447
Administrative Director that additional appropriations are	79448
necessary, the amounts are hereby appropriated.	79449

No money in Fund 5HT0 shall be transferred to any other fund	79450
by the Director of Budget and Management or the Controlling Board.	79451
Interest earned on money in Fund 5HT0 shall be credited to the	79452
fund.	79453

GRANTS AND AWARDS

79454

The Grants and Awards Fund (Fund 5T80) shall consist of	79455
grants and other money awarded to the Supreme Court (The	79456
Judiciary) by the State Justice Institute, the Division of	79457
Criminal Justice Services, or other entities. The foregoing	79458
appropriation item 005609, Grants and Awards, shall be used in a	79459
manner consistent with the purpose of the grant or award. If it is	79460
determined by the Administrative Director of the Supreme Court	79461
that additional appropriations are necessary, the amounts are	79462
hereby appropriated.	79463

No money in Fund 5T80 shall be transferred to any other fund	79464
by the Director of Budget and Management or the Controlling Board.	79465
However, interest earned on money in Fund 5T80 shall be credited	79466
or transferred to the General Revenue Fund.	79467

SUPREME COURT ADMISSIONS

79468

The foregoing appropriation item 005606, Supreme Court	79469
Admissions, shall be used to compensate Supreme Court employees	79470
who are primarily responsible for administering the attorney	79471
admissions program under the Rules for the Government of the Bar	79472
of Ohio, and to fund any other activities considered appropriate	79473
by the court. Moneys shall be deposited into the Supreme Court	79474
Admissions Fund (Fund 6A80) under the Supreme Court Rules for the	79475
Government of the Bar of Ohio. If it is determined by the	79476
Administrative Director of the Supreme Court that additional	79477
appropriations are necessary, the amounts are hereby appropriated.	79478

No money in Fund 6A80 shall be transferred to any other fund	79479
by the Director of Budget and Management or the Controlling Board.	79480
Interest earned on money in Fund 6A80 shall be credited to the	79481
fund.	79482

Sec. 323.10. LSC LEGISLATIVE SERVICE COMMISSION

79483

General Revenue Fund	79484

GRF	035321	Operating Expenses	$	15,117,700	$	15,117,700	79485
GRF	035402	Legislative Fellows	$	1,022,120	$	1,022,120	79486
GRF	035405	Correctional Institution Inspection Committee	$	438,900	$	438,900	79487
GRF	035407	Legislative Task Force on Redistricting	$	590,000	$	750,000	79488
GRF	035409	National Associations	$	460,560	$	460,560	79489
GRF	035410	Legislative Information Systems	$	3,661,250	$	~~3,661,250~~ 3,861,250	79490
GRF	035411	Ohio Constitutional Modernization Commission	$	50,000	$	50,000	79491
TOTAL GRF General Revenue Fund			$	21,340,530	$	~~21,500,530~~ 21,700,530	79492

General Services Fund Group	79493

4100	035601	Sale of Publications	$	10,000	$	10,000	79494
4F60	035603	Legislative Budget Services	$	200,000	$	200,000	79495
5EF0	035607	Legislative Agency Telephone Usage	$	30,000	$	30,000	79496
TOTAL GSF General Services							79497
Fund Group			$	240,000	$	240,000	79498
TOTAL ALL BUDGET FUND GROUPS			$	21,580,530	$	~~21,740,530~~ 21,940,530	79499

OPERATING EXPENSES

79500

On July 1, 2011, or as soon as possible thereafter, the	79501
Director of the Legislative Service Commission may certify to the	79502
Director of Budget and Management the amount of the unexpended,	79503
unencumbered balance of the foregoing appropriation item 035321,	79504
Operating Expenses, at the end of fiscal year 2011 to be	79505
reappropriated to fiscal year 2012. The amount certified is hereby	79506
reappropriated to the same appropriation item for fiscal year	79507
2012.	79508

On July 1, 2012, or as soon as possible thereafter, the	79509
Director of the Legislative Service Commission may certify to the	79510
Director of Budget and Management the amount of the unexpended,	79511
unencumbered balance of the foregoing appropriation item 035321,	79512
Operating Expenses, at the end of fiscal year 2012 to be	79513
reappropriated to fiscal year 2013. The amount certified is hereby	79514
reappropriated to the same appropriation item for fiscal year	79515
2013.	79516

LEGISLATIVE TASK FORCE ON REDISTRICTING

79517

An amount equal to the unexpended, unencumbered portion of	79518
the foregoing appropriation item 035407, Legislative Task Force on	79519
Redistricting, at the end of fiscal year 2011 is hereby	79520
reappropriated to the Legislative Service Commission for the same	79521
purpose for fiscal year 2012.	79522

An amount equal to the unexpended, unencumbered portion of	79523
the foregoing appropriation item 035407, Legislative Task Force on	79524
Redistricting, at the end of fiscal year 2012 is hereby	79525
reappropriated to the Legislative Service Commission for the same	79526
purpose for fiscal year 2013.	79527

LEGISLATIVE INFORMATION SYSTEMS

79528

On July 1, 2011, or as soon as possible thereafter, the	79529
Director of the Legislative Service Commission may certify to the	79530
Director of Budget and Management the amount of the unexpended,	79531
unencumbered balance of the foregoing appropriation item 035410,	79532
Legislative Information Systems, at the end of fiscal year 2011 to	79533
be reappropriated to fiscal year 2012. The amount certified is	79534
hereby reappropriated to the same appropriation item for fiscal	79535
year 2012.	79536

On July 1, 2012, or as soon as possible thereafter, the	79537
Director of the Legislative Service Commission may certify to the	79538
Director of Budget and Management the amount of the unexpended,	79539
unencumbered balance of the foregoing appropriation item 035410,	79540
Legislative Information Systems, at the end of fiscal year 2012 to	79541
be reappropriated to fiscal year 2013. The amount certified is	79542
hereby reappropriated to the same appropriation item for fiscal	79543
year 2013.	79544

OHIO CONSTITUTIONAL MODERNIZATION COMMISSION

79545

The foregoing appropriation item 035411, Ohio Constitutional	79546
Modernization Commission, shall be used to support the operation	79547
and expenses of the Ohio Constitutional Modernization Commission	79548
under sections 103.61 to 103.67 of the Revised Code.	79549

Sec. 327.10. LCO LIQUOR CONTROL COMMISSION

79550

State Special Revenue Fund Group	79551

5LP0	970601		Commission Operating Expense		$	0		$	754,146		79552
TOTAL SSR State Special Revenue Fund Group					$	0		$	754,146		79553

Liquor Control Fund Group	79554

7043	970321	Operating Expenses	$	753,933	$	~~754,146~~ 0	79555
TOTAL LCF Liquor Control Fund Group			$	753,933	$	~~754,146~~ 0	79556
TOTAL ALL BUDGET FUND GROUPS			$	753,933	$	754,146	79557

Sec. 335.10. AMB OHIO MEDICAL TRANSPORTATION BOARD

79559

General Services Fund Group	79560

4K90	915604	Operating Expenses	$	493,641	$	~~493,856~~ 0	79561
TOTAL GSF General Services							79562
Fund Group			$	493,641	$	~~493,856~~ 0	79563
TOTAL ALL BUDGET FUND GROUPS			$	493,641	$	~~493,856~~ 0	79564

Sec. 337.10. DMH DEPARTMENT OF MENTAL HEALTH

79566

General Revenue Fund	79567

GRF	332401	Forensic Services	$	3,244,251	$	3,244,251	79568
GRF	333321	Central Administration	$	16,000,000	$	16,000,000	79569
GRF	333402	Resident Trainees	$	450,000	$	450,000	79570
GRF	333403	Pre-Admission Screening Expenses	$	486,119	$	~~486,119~~ 286,119	79571
GRF	333415	Lease-Rental Payments	$	18,394,250	$	~~19,907,900~~ 17,907,900	79572
GRF	333416	Research Program Evaluation	$	421,724	$	421,998	79573
GRF	334412	Hospital Services	$	194,918,888	$	~~192,051,209~~ 191,051,209	79574
GRF	334506	Court Costs	$	584,210	$	584,210	79575
GRF	335405	Family & Children First	$	1,386,000	$	1,386,000	79576
GRF	335419	Community Medication Subsidy	$	8,963,818	$	8,963,818	79577
GRF	335501	Mental Health Medicaid Match	$	186,400,000	$	0	79578
GRF	335505	Local Mental Health Systems of Care	$	49,963,776	$	~~59,087,955~~ 62,087,955	79579
GRF	335506	Residential State Supplement	$	4,702,875	$	4,702,875	79580
TOTAL GRF General Revenue Fund			$	485,915,911	$	~~307,286,335~~ 307,086,335	79581

General Services Fund Group	79582

1490	333609	Central Office Operating	$	1,343,190	$	1,343,190	79583
1490	334609	Hospital - Operating Expenses	$	28,190,000	$	28,190,000	79584
1500	334620	Special Education	$	150,000	$	150,000	79585
4P90	335604	Community Mental Health Projects	$	4,061,100	$	250,000	79586
1510	336601	Office of Support Services	$	129,770,770	$	~~129,779,822~~ 127,297,130	79587
TOTAL GSF General Services Fund Group			$	163,515,060	$	~~159,713,012~~ 157,230,320	79588

Federal Special Revenue Fund Group	79589

3240	333605	Medicaid/Medicare	$	154,500	$	154,500	79590
3A60	333608	Federal Miscellaneous	$	140,000	$	140,000	79591
3A70	333612	Social Services Block Grant	$	50,000	$	50,000	79592
3A80	333613	Federal Grant - Administration	$	4,717,000	$	4,717,000	79593
3A90	333614	Mental Health Block Grant - Administration	$	748,470	$	748,470	79594
3B10	333635	Community Medicaid Expansion	$	13,691,682	$	13,691,682	79595
3240	334605	Medicaid/Medicare	$	28,200,000	$	28,200,000	79596
3A60	334608	Federal Miscellaneous	$	200,000	$	200,000	79597
3A80	334613	Federal Letter of Credit	$	200,000	$	200,000	79598
3A60	335608	Federal Miscellaneous	$	2,170,000	$	2,170,000	79599
3A70	335612	Social Services Block Grant	$	8,400,000	$	8,400,000	79600
3A80	335613	Federal Grant - Community Mental Health Board Subsidy	$	2,500,000	$	2,500,000	79601
3A90	335614	Mental Health Block Grant	$	14,200,000	$	14,200,000	79602
3B10	335635	Community Medicaid Expansion	$	346,200,000	$	0	79603
TOTAL FED Federal Special Revenue Fund Group			$	421,571,652	$	75,371,652	79604

State Special Revenue Fund Group	79605

2320	333621	Family and Children First Administration	$	448,286	$	432,197	79606
4850	333632	Mental Health Operating	$	134,233	$	134,233	79607
4X50	333607	Behavioral Health Medicaid Services	$	3,000,624	$	3,000,624	79608
5V20	333611	Non-Federal Miscellaneous	$	100,000	$	100,000	79609
4850	334632	Mental Health Operating	$	2,477,500	$	2,477,500	79610
5AU0	335615	Behavioral Healthcare	$	6,690,000	$	6,690,000	79611
6320	335616	Community Capital Replacement	$	350,000	$	350,000	79612
TOTAL SSR State Special Revenue Fund Group			$	13,200,643	$	13,184,554	79613
TOTAL ALL BUDGET FUND GROUPS			$	1,084,203,266	$	~~555,555,553~~ 552,872,861	79614

Sec. 343.10. DNR DEPARTMENT OF NATURAL RESOURCES

79616

General Revenue Fund	79617

GRF	725401	Wildlife-GRF Central Support	$	1,800,000	$	1,800,000	79618
GRF	725413	Lease Rental Payments	$	20,568,600	$	19,734,700	79619
GRF	725456	Canal Lands	$	135,000	$	135,000	79620
GRF	725502	Soil and Water Districts	$	2,900,000	$	2,900,000	79621
GRF	725505	Healthy Lake Erie Fund	$	0	$	3,350,000	79622
GRF	725903	Natural Resources General Obligation Debt Service	$	5,375,300	$	25,209,100	79623
GRF	727321	Division of Forestry	$	4,878,338	$	4,880,000	79624
GRF	729321	Office of Information Technology	$	194,118	$	197,117	79625
GRF	730321	Division of Parks and Recreation	$	30,000,000	$	30,000,000	79626
GRF	736321	Division of Engineering	$	3,024,459	$	~~3,025,078~~ 2,995,078	79627
GRF	737321	Division of Soil and Water Resources	$	4,982,961	$	4,983,356	79628
GRF	741321	Division of Natural Areas and Preserves	$	1,200,000	$	1,200,000	79629
TOTAL GRF General Revenue Fund			$	75,058,776	$	~~94,064,351~~ 97,384,351	79630

General Services Fund Group	79631

1550	725601	Departmental Projects	$	3,365,651	$	~~2,725,484~~ 2,512,977	79632
1570	725651	Central Support Indirect	$	5,854,167	$	5,857,800	79633
2040	725687	Information Services	$	4,659,276	$	4,643,835	79634
2070	725690	Real Estate Services	$	50,000	$	50,000	79635
2230	725665	Law Enforcement Administration	$	2,106,776	$	2,126,432	79636
2270	725406	Parks Projects Personnel	$	436,500	$	436,500	79637
4300	725671	Canal Lands	$	907,618	$	~~907,879~~ 883,879	79638
4D50	725618	Recycled Materials	$	50,000	$	~~50,000~~ 0	79639
4S90	725622	NatureWorks Personnel	$	400,358	$	400,358	79640
4X80	725662	Water Resources Council	$	138,011	$	138,005	79641
5100	725631	Maintenance - State-owned Residences	$	303,611	$	303,611	79642
5160	725620	Water Management	$	2,541,565	$	2,559,292	79643
6350	725664	Fountain Square Facilities Management	$	3,544,623	$	~~3,548,445~~ 3,473,413	79644
6970	725670	Submerged Lands	$	836,162	$	848,546	79645
TOTAL GSF General Services							79646
Fund Group			$	25,194,318	$	~~24,596,187~~ 24,234,648	79647

Federal Special Revenue Fund Group	79648

3320	725669	Federal Mine Safety Grant	$	258,102	$	258,102	79649
3B30	725640	Federal Forest Pass-Thru	$	600,000	$	600,000	79650
3B40	725641	Federal Flood Pass-Thru	$	600,000	$	600,000	79651
3B50	725645	Federal Abandoned Mine Lands	$	21,007,667	$	21,207,667	79652
3B60	725653	Federal Land and Water Conservation Grants	$	1,150,000	$	1,150,000	79653
3B70	725654	Reclamation - Regulatory	$	3,200,000	$	3,200,000	79654
3P10	725632	Geological Survey - Federal	$	692,401	$	692,401	79655
3P20	725642	Oil and Gas-Federal	$	234,509	$	234,509	79656
3P30	725650	Coastal Management - Federal	$	3,290,633	$	3,290,633	79657
3P40	725660	Federal - Soil and Water Resources	$	1,213,048	$	1,209,957	79658
3R50	725673	Acid Mine Drainage Abatement/Treatment	$	2,025,001	$	2,025,001	79659
3Z50	725657	Federal Recreation and Trails	$	1,850,000	$	1,850,000	79660
TOTAL FED Federal Special Revenue							79661
Fund Group			$	36,121,361	$	36,318,270	79662

State Special Revenue Fund Group	79663

4J20	725628	Injection Well Review	$	130,899	$	128,466	79664
4M70	725686	Wildfire Suppression	$	100,000	$	100,000	79665
4U60	725668	Scenic Rivers Protection	$	100,000	$	100,000	79666
5090	725602	State Forest	$	7,891,747	$	7,058,793	79667
5110	725646	Ohio Geological Mapping	$	704,777	$	705,130	79668
5120	725605	State Parks Operations	$	32,284,117	$	31,550,444	79669
5140	725606	Lake Erie Shoreline	$	1,502,654	$	1,505,983	79670
5180	725643	Oil and Gas Permit Fees	$	5,821,970	$	~~5,623,645~~ 9,823,645	79671
5180	725677	Oil and Gas Well Plugging	$	800,000	$	800,000	79672
5210	725627	Off-Road Vehicle Trails	$	143,490	$	143,490	79673
5220	725656	Natural Areas and Preserves	$	546,580	$	546,639	79674
5260	725610	Strip Mining Administration Fee	$	2,000,000	$	2,000,000	79675
5270	725637	Surface Mining Administration	$	1,940,977	$	1,941,532	79676
5290	725639	Unreclaimed Land Fund	$	2,004,180	$	2,004,180	79677
5310	725648	Reclamation Forfeiture	$	1,423,000	$	~~1,423,000~~ 500,000	79678
5320	725644	Litter Control and Recycling	$	4,926,730	$	~~4,911,575~~ 0	79679
5860	725633	Scrap Tire Program	$	1,497,645	$	~~1,497,645~~ 0	79680
5B30	725674	Mining Regulation	$	28,135	$	28,135	79681
5BV0	725658	Heidelberg Water Quality Lab	$	250,000	$	250,000	79682
5BV0	725683	Soil and Water Districts	$	8,000,000	$	8,000,000	79683
5CU0	725647	Mine Safety	$	3,000,000	$	3,000,000	79684
5EJ0	725608	Forestry Law Enforcement	$	1,000	$	1,000	79685
5EK0	725611	Natural Areas & Preserves Law Enforcement	$	1,000	$	1,000	79686
5EL0	725612	Wildlife Law Enforcement	$	12,000	$	12,000	79687
5EM0	725613	Park Law Enforcement	$	34,000	$	34,000	79688
5EN0	725614	Watercraft Law Enforcement	$	2,500	$	2,500	79689
5HK0	725625	Ohio Nature Preserves	$	1,000	$	1,000	79690
6150	725661	Dam Safety	$	925,344	$	926,028	79691
TOTAL SSR State Special Revenue							79692
Fund Group			$	76,073,745	$	~~74,296,185~~ 71,163,965	79693

Clean Ohio Conservation Fund Group	79694

7061	725405		Clean Ohio Operating		$	300,775		$	300,775		79695
TOTAL CLF Clean Ohio Conservation Fund Group					$	300,775		$	300,775		79696

Wildlife Fund Group	79697

5P20	725634	Wildlife Boater Angler Administration	$	4,000,000	$	4,000,000	79698
7015	740401	Division of Wildlife Conservation	$	52,721,044	$	51,669,158	79699
8150	725636	Cooperative Management Projects	$	120,449	$	120,449	79700
8160	725649	Wetlands Habitat	$	966,885	$	966,885	79701
8170	725655	Wildlife Conservation Checkoff Fund	$	3,240,000	$	3,240,000	79702
8180	725629	Cooperative Fisheries Research	$	1,500,000	$	1,500,000	79703
8190	725685	Ohio River Management	$	128,584	$	128,584	79704
TOTAL WLF Wildlife Fund Group			$	62,676,962	$	61,625,076	79705

Waterways Safety Fund Group	79706

7086	725414	Waterways Improvement	$	5,692,601	$	5,693,671	79707
7086	725418	Buoy Placement	$	52,182	$	52,182	79708
7086	725501	Waterway Safety Grants	$	120,000	$	120,000	79709
7086	725506	Watercraft Marine Patrol	$	576,153	$	576,153	79710
7086	725513	Watercraft Educational Grants	$	366,643	$	366,643	79711
7086	739401	Division of Watercraft	$	18,040,593	$	17,552,370	79712
TOTAL WSF Waterways Safety Fund							79713
Group			$	24,848,172	$	24,361,019	79714

Accrued Leave Liability Fund Group	79715

4M80	725675	FOP Contract	$	20,219	$	20,219	79716
TOTAL ALF Accrued Leave							79717
Liability Fund Group			$	20,219	$	20,219	79718

Holding Account Redistribution Fund Group	79719

R017	725659	Performance Cash Bond Refunds	$	296,263	$	296,263	79720
R043	725624	Forestry	$	2,000,000	$	2,154,750	79721
TOTAL 090 Holding Account							79722
Redistribution Fund Group			$	2,296,263	$	2,451,013	79723
TOTAL ALL BUDGET FUND GROUPS			$	302,590,591	$	~~318,033,095~~ 317,859,336	79724

Sec. 343.40. LEASE RENTAL PAYMENTS

79726

The foregoing appropriation item 725413, Lease Rental	79727
Payments, shall be used to meet all payments at the times they are	79728
required to be made during the period from July 1, 2011, through	79729
June 30, 2013, by the Department of Natural Resources pursuant to	79730
leases and agreements made under section 154.22 of the Revised	79731
Code. These appropriations are the source of funds pledged for	79732
bond service charges or obligations issued pursuant to Chapter	79733
154. of the Revised Code.	79734

CANAL LANDS

79735

The foregoing appropriation item 725456, Canal Lands, shall	79736
be used to transfer funds to the Canal Lands Fund (Fund 4300) to	79737
provide operating expenses for the State Canal Lands Program. The	79738
transfer shall be made using an intrastate transfer voucher and	79739
shall be subject to the approval of the Director of Budget and	79740
Management.	79741

HEALTHY LAKE ERIE FUND

79742

Of the foregoing appropriation item 725505, Healthy Lake Erie	79743
Fund, up to $3,000,000 shall be used by the Director of Natural	79744
Resources, in consultation with the Director of Agriculture and	79745
the Director of Environmental Protection, to implement	79746
nonstatutory recommendations of the Agriculture Nutrients and	79747
Water Quality Working Group. The Director shall give priority to	79748
recommendations that encourage farmers to adopt agricultural	79749
production guidelines commonly known as 4R nutrient stewardship	79750
practices. Funds may also be used for enhanced soil testing in the	79751
Western Lake Erie Basin, monitoring the quality of Lake Erie and	79752
its tributaries, and conducting research and establishing pilot	79753
projects that have the goal of reducing algae blooms in Lake Erie.	79754

Of the foregoing appropriation item 725505, Healthy Lake Erie	79755
Fund, up to $350,000 in fiscal year 2013 may be used by the	79756
Director of Natural Resources for monitoring inland lakes and	79757
stream water quality.	79758

NATURAL RESOURCES GENERAL OBLIGATION DEBT SERVICE

79759

The foregoing appropriation item 725903, Natural Resources	79760
General Obligation Debt Service, shall be used to pay all debt	79761
service and related financing costs during the period July 1,	79762
2011, through June 30, 2013, on obligations issued under sections	79763
151.01 and 151.05 of the Revised Code.	79764

Sec. 365.10. PUC PUBLIC UTILITIES COMMISSION OF OHIO

79765

General Services Fund Group	79766

5F60	870622	Utility and Railroad Regulation	$	30,637,234	$	31,638,708	79767
5F60	870624	NARUC/NRRI Subsidy	$	158,000	$	~~158,000~~ 100,000	79768
5F60	870625	Motor Transportation Regulation	$	4,976,641	$	~~5,971,218~~ 0	79769
5Q50	870626	Telecommunications Relay Service	$	5,000,000	$	5,000,000	79770
TOTAL GSF General Services							79771
Fund Group			$	40,771,875	$	~~42,767,926~~ 36,738,708	79772

Federal Special Revenue Fund Group	79773

3330	870601	Gas Pipeline Safety	$	597,959	$	597,959	79774
3500	870608	Motor Carrier Safety	$	7,351,660	$	7,351,660	79775
3CU0	870627	Electric Market Modeling	$	91,183	$	0	79776
3EA0	870630	Energy Assurance Planning	$	384,000	$	384,000	79777
3ED0	870631	State Regulators Assistance	$	231,824	$	231,824	79778
3V30	870604	Commercial Vehicle Information Systems/Networks	$	100,000	$	100,000	79779
TOTAL FED Federal Special Revenue							79780
Fund Group			$	8,756,626	$	8,665,443	79781

State Special Revenue Fund Group	79782

4A30	870614	Grade Crossing Protection Devices-State	$	1,347,357	$	1,347,357	79783
4L80	870617	Pipeline Safety-State	$	181,992	$	181,992	79784
4S60	870618	Hazardous Material Registration	$	450,395	$	~~450,395~~ 0	79785
4S60	870621	Hazardous Materials Base State Registration	$	373,346	$	~~373,346~~ 0	79786
4U80	870620	Civil Forfeitures	$	277,347	$	~~277,496~~ 0	79787
5590	870605	Public Utilities Territorial Administration	$	3,880	$	~~3,880~~ 0	79788
5600	870607	Special Assessment	$	97,000	$	~~97,000~~ 0	79789
5610	870606	Power Siting Board	$	631,508	$	~~631,618~~ 581,618	79790
5BP0	870623	Wireless 9-1-1 Administration	$	36,440,000	$	~~18,220,000~~ 17,757,250	79791
5HD0	870629	Radioactive Waste Transportation	$	98,800	$	~~98,800~~ 0	79792
5LT0	870640	Intrastate Registration	$	0	$	180,000	79793
5LT0	870641	Unified Carrier Registration	$	0	$	420,000	79794
5LT0	870642	Hazardous Materials Registration	$	0	$	823,741	79795
5LT0	870643	Nonhazardous Materials Civil Forfeiture	$	0	$	277,496	79796
5LT0	870644	Hazardous Materials Civil Forfeiture	$	0	$	898,800	79797
5LT0	870645	Motor Carrier Enforcement	$	0	$	5,401,318	79798
6380	870611	Biofuels/Municipal Waste Technology	$	570	$	0	79799
6610	870612	Hazardous Materials Transportation	$	898,800	$	~~898,800~~ 0	79800
TOTAL SSR State Special Revenue							79801
Fund Group			$	40,800,995	$	~~22,580,684~~ 27,869,572	79802
TOTAL ALL BUDGET FUND GROUPS			$	90,329,496	$	~~74,014,053~~ 73,273,723	79803

COMMUNITY-VOICEMAIL SERVICE PILOT PROGRAM

79804

The Community-voicemail Service Pilot Program assessments	79805
authorized by Section 6 of Sub. S.B. 162 of the 128th General	79806
Assembly shall cease. These assessments shall be refunded without	79807
interest to those assessed under the program by the Public	79808
Utilities Commission within 60 days of the effective date of this	79809
section.	79810

FUND ADJUSTMENTS

79811

On July 1, 2012, or as soon as practicable thereafter, the	79812
Director of Budget and Management shall transfer the cash balances	79813
in the Hazardous Materials Registration Fund (Fund 4S60) and the	79814
Base State Registration Fund (Fund 4G40) to the Public Utilities	79815
Transportation Safety Fund (Fund 5LT0). The Director shall cancel	79816
any existing encumbrances against appropriation items 870618,	79817
Hazardous Material Registration, and 870621, Hazardous Materials	79818
Base State Registration, and reestablish them against	79819
appropriation item 870642, Hazardous Materials Registration. The	79820
amounts of the reestablished encumbrances are hereby appropriated.	79821
Upon completion of these transfers, the Hazardous Materials	79822
Registration Fund (Fund 4S60) and the Base State Registration Fund	79823
(Fund 4G40) are hereby abolished.	79824

On July 1, 2012, or as soon as practicable thereafter, the	79825
Director of Budget and Management shall transfer the cash balance	79826
in the Transportation Enforcement Fund (Fund 4U80) to the Public	79827
Utilities Transportation Safety Fund (Fund 5LT0). The Director	79828
shall cancel any existing encumbrances against appropriation item	79829
870620, Civil Forfeitures, and reestablish them against	79830
appropriation item 870643, Nonhazardous Materials Civil	79831
Forfeitures. The amounts of the reestablished encumbrances are	79832
hereby appropriated. Upon completion of these transfers, the	79833
Transportation Enforcement Fund (Fund 4U80) is hereby abolished.	79834

On July 1, 2012, or as soon as practicable thereafter, the	79835
Director of Budget and Management shall transfer the cash balance	79836
in the Radioactive Waste Transportation Fund (Fund 5HD0) to the	79837
Public Utilities Transportation Safety Fund (Fund 5LT0). The	79838
Director shall cancel any existing encumbrances against	79839
appropriation item 870629, Radioactive Waste Transportation, and	79840
reestablish them against appropriation item 870645, Motor Carrier	79841
Enforcement. The amounts of the reestablished encumbrances are	79842
hereby appropriated. Upon completion of these transfers, the	79843
Radioactive Waste Transportation Fund (Fund 5HD0) is hereby	79844
abolished.	79845

On July 1, 2012, or as soon as practicable thereafter, the	79846
Director of Budget and Management shall transfer the cash balance	79847
in the Hazardous Materials Transportation Fund (Fund 6610) to the	79848
Public Utilities Transportation Safety Fund (Fund 5LT0). The	79849
Director shall cancel any existing encumbrances against	79850
appropriation item 870612, Hazardous Materials Transportation, and	79851
reestablish them against appropriation item 870644, Hazardous	79852
Materials Civil Forfeitures. The amounts of the reestablished	79853
encumbrances are hereby appropriated. Upon completion of these	79854
transfers, the Hazardous Materials Transportation Fund (Fund 6610)	79855
is hereby abolished.	79856

On July 1, 2012, or as soon as practicable thereafter, the	79857
Director of Budget and Management shall transfer cash in an amount	79858
up to $21,000,000 from the Public Utilities Fund (Fund 5F60) to	79859
the Public Utilities Transportation Safety Fund (Fund 5LT0). The	79860
Director shall cancel any existing encumbrances against	79861
appropriation item 870625, Motor Transportation Regulation, and	79862
reestablish encumbrances or parts of encumbrances as needed in the	79863
fiscal year in the appropriate fund and appropriation item for the	79864
same purpose and to the same vendor. The amounts of the	79865
reestablished encumbrances are hereby appropriated.	79866

The fund created by division (E) of section 4921.21 of the	79867
Revised Code is the same fund, with the same name, as the Motor	79868
Carrier Safety Fund (Fund 3500).	79869

The fund created by division (D) of section 4921.21 of the	79870
Revised Code is the same fund, with the same name, as the	79871
Commercial Vehicle Transportation Systems Fund (Fund 3V30).	79872

Sec. 367.10. PWC PUBLIC WORKS COMMISSION

79873

General Revenue Fund	79874

GRF	150904	Conservation General Obligation Debt Service	$	21,953,000	$	29,297,300	79875
GRF	150907	State Capital Improvements	$	106,770,600	$	~~215,571,100~~ 208,571,100	79876
		General Obligation Debt Service					79877
TOTAL GRF General Revenue Fund			$	128,723,600	$	~~244,868,400~~ 237,868,400	79878

Clean Ohio Conservation Fund Group	79879

7056	150403		Clean Ohio Operating Expenses		$	300,000		$	288,980		79880
TOTAL 056 Clean Ohio Conservation Fund Group					$	300,000		$	288,980		79881

TOTAL ALL BUDGET FUND GROUPS

129,023,600

~~245,157,380~~ 238,157,380

79882

CONSERVATION GENERAL OBLIGATION DEBT SERVICE

79883

The foregoing appropriation item 150904, Conservation General	79884
Obligation Debt Service, shall be used to pay all debt service and	79885
related financing costs during the period from July 1, 2011,	79886
through June 30, 2013, at the times they are required to be made	79887
for obligations issued under sections 151.01 and 151.09 of the	79888
Revised Code.	79889

STATE CAPITAL IMPROVEMENTS GENERAL OBLIGATION DEBT SERVICE

79890

The foregoing appropriation item 150907, State Capital	79891
Improvements General Obligation Debt Service, shall be used to pay	79892
all debt service and related financing costs during the period	79893
from July 1, 2011, through June 30, 2013, at the times they are	79894
required to be made for obligations issued under sections 151.01	79895
and 151.08 of the Revised Code.	79896

CLEAN OHIO OPERATING EXPENSES

79897

The foregoing appropriation item 150403, Clean Ohio Operating	79898
Expenses, shall be used by the Ohio Public Works Commission in	79899
administering Clean Ohio Conservation Fund (Fund 7056) projects	79900
pursuant to sections 164.20 to 164.27 of the Revised Code.	79901

REIMBURSEMENT TO THE GENERAL REVENUE FUND

79902

(A) On or before July 15, 2013, the Director of the Public	79903
Works Commission shall certify to the Director of Budget and	79904
Management the following:	79905

(1) The total amount disbursed from appropriation item	79906
700409, Farmland Preservation, during the FY 2012-FY 2013	79907
biennium; and	79908

(2) The amount of interest earnings that have been credited	79909
to the Clean Ohio Conservation Fund (Fund 7056) that are in excess	79910
of the amount needed for other purposes as calculated by the	79911
Director of the Public Works Commission.	79912

(B) If the Director of Budget and Management determines under	79913
division (A)(2) of this section that there are excess interest	79914
earnings, the Director of Budget and Management shall, on or	79915
before July 15, 2013, transfer the excess interest earnings to the	79916
General Revenue Fund in an amount equal to the total amount	79917
disbursed under division (A)(1) of this section from the Clean	79918
Ohio Conservation Fund (Fund 7056).	79919

Sec. 369.10. RAC STATE RACING COMMISSION

79920

State Special Revenue Fund Group	79921

5620	875601	Thoroughbred Race Fund	$	1,796,328	$	1,696,456	79922
5630	875602	Standardbred Development Fund	$	1,697,418	$	1,697,452	79923
5640	875603	Quarter Horse Development Fund	$	1,000	$	1,000	79924
5650	875604	Racing Commission Operating	$	3,095,331	$	2,934,178	79925
5C40	875607	Simulcast Horse Racing Purse	$	12,000,000	$	12,000,000	79926
5JK0	875610	Racing Commission Fund	$	339,919	$	8,169,547	79927
TOTAL SSR State Special Revenue							79928
Fund Group			$	~~18,590,078~~ 18,929,996	$	~~18,329,087~~ 26,498,633	79929

Holding Account Redistribution Fund Group	79930

R021	875605	Bond Reimbursements	$	100,000	$	100,000	79931
TOTAL 090 Holding Account Redistribution							79932
Fund Group			$	100,000	$	100,000	79933
TOTAL ALL BUDGET FUND GROUPS			$	~~18,690,078~~ 19,029,996	$	~~18,429,087~~ 26,598,633	79934

Sec. 371.10. BOR BOARD OF REGENTS

79936

General Revenue Fund	79937

GRF	235321	Operating Expenses	$	2,300,000	$	2,300,000	79938
GRF	235401	Lease Rental Payments	$	83,151,600	$	57,634,400	79939
GRF	235402	Sea Grants	$	285,000	$	285,000	79940
GRF	235406	Articulation and Transfer	$	2,000,000	$	2,000,000	79941
GRF	235408	Midwest Higher Education Compact	$	95,000	$	95,000	79942
GRF	235409	HEI Information System	$	800,000	$	800,000	79943
GRF	235414	State Grants and Scholarship Administration	$	1,230,000	$	1,230,000	79944
GRF	235417	~~Ohio Learning Network~~ eStudent Services	$	2,532,688	$	2,532,688	79945
GRF	235428	Appalachian New Economy Partnership	$	737,366	$	737,366	79946
GRF	235433	Economic Growth Challenge	$	440,000	$	440,000	79947
GRF	235438	Choose Ohio First Scholarship	$	15,750,085	$	15,750,085	79948
GRF	235443	Adult Basic and Literacy Education - State	$	7,302,416	$	7,302,416	79949
GRF	235444	Post-Secondary Adult Career-Technical Education	$	15,317,547	$	15,317,547	79950
GRF	235474	Area Health Education Centers Program Support	$	900,000	$	900,000	79951
GRF	235501	State Share of Instruction	$	1,735,530,031	$	1,751,225,497	79952
GRF	235502	Student Support Services	$	632,974	$	632,974	79953
GRF	235504	War Orphans Scholarships	$	4,787,833	$	4,787,833	79954
GRF	235507	OhioLINK	$	6,100,000	$	6,100,000	79955
GRF	235508	Air Force Institute of Technology	$	1,740,803	$	1,740,803	79956
GRF	235510	Ohio Supercomputer Center	$	3,347,418	$	3,347,418	79957
GRF	235511	Cooperative Extension Service	$	22,220,910	$	22,220,910	79958
GRF	235514	Central State Supplement	$	11,503,651	$	10,928,468	79959
GRF	235515	Case Western Reserve University School of Medicine	$	2,146,253	$	2,146,253	79960
GRF	235519	Family Practice	$	3,166,185	$	3,166,185	79961
GRF	235520	Shawnee State Supplement	$	2,448,523	$	2,326,097	79962
GRF	235524	Police and Fire Protection	$	107,814	$	107,814	79963
GRF	235525	Geriatric Medicine	$	522,151	$	522,151	79964
GRF	235526	Primary Care Residencies	$	1,500,000	$	1,500,000	79965
GRF	235535	Ohio Agricultural Research and Development Center	$	33,100,000	$	33,100,000	79966
GRF	235536	The Ohio State University Clinical Teaching	$	9,668,941	$	9,668,941	79967
GRF	235537	University of Cincinnati Clinical Teaching	$	7,952,573	$	7,952,573	79968
GRF	235538	University of Toledo Clinical Teaching	$	6,198,600	$	6,198,600	79969
GRF	235539	Wright State University Clinical Teaching	$	3,011,400	$	3,011,400	79970
GRF	235540	Ohio University Clinical Teaching	$	2,911,212	$	2,911,212	79971
GRF	235541	Northeast Ohio Medical University Clinical Teaching	$	2,994,178	$	2,994,178	79972
GRF	235552	Capital Component	$	20,638,274	$	~~20,638,274~~ 13,628,639	79973
GRF	235555	Library Depositories	$	1,440,342	$	1,440,342	79974
GRF	235556	Ohio Academic Resources Network	$	3,172,519	$	3,172,519	79975
GRF	235558	Long-term Care Research	$	195,300	$	195,300	79976
GRF	235563	Ohio College Opportunity Grant	$	80,284,265	$	80,284,265	79977
GRF	235572	The Ohio State University Clinic Support	$	766,533	$	766,533	79978
GRF	235599	National Guard Scholarship Program	$	16,912,271	$	18,143,293	79979
GRF	235909	Higher Education General Obligation Debt Service	$	108,262,500	$	201,555,000	79980
TOTAL GRF General Revenue Fund			$	2,226,105,156	$	~~2,310,109,335~~ 2,303,099,700	79981

General Services Fund Group	79982

2200	235614	Program Approval and Reauthorization	$	1,311,567	$	1,457,959	79983
4560	235603	Sales and Services	$	199,250	$	199,250	79984
5JC0	235649	Co-op Internship Program	$	12,000,000	$	12,000,000	79985
5JC0	235667	Ohio College Opportunity Grant-Proprietary	$	6,000,000	$	6,000,000	79986
5JC0	235668	Air Force Institute of Technology - Defense/Aerospace Graduate Studies Institute	$	4,000,000	$	4,000,000	79987
TOTAL GSF General Services							79988
Fund Group			$	23,510,817	$	23,657,209	79989

Federal Special Revenue Fund Group	79990

3120	235609	Tech Prep	$	183,850	$	~~183,850~~ 0	79991
3120	235611	Gear-up Grant	$	3,900,000	$	~~3,900,000~~ 50,000	79992
3120	235612	Carl D. Perkins Grant/Plan Administration	$	912,961	$	912,961	79993
3120	235617	Improving Teacher Quality Grant	$	3,200,000	$	3,200,000	79994
3120	235641	Adult Basic and Literacy Education - Federal	$	14,835,671	$	14,835,671	79995
3120	235659	Race to the Top Scholarship Program	$	2,400,000	$	~~3,780,000~~ 0	79996
3120	235660	Race to the Top Educator Preparation Reform Initiative	$	448,000	$	~~1,120,000~~ 0	79997
3120	235661	Americorps Grant	$	260,000	$	~~260,000~~ 0	79998
3H20	235608	Human Services Project	$	3,500,000	$	3,500,000	79999
3N60	235638	College Access Challenge Grant	$	4,381,431	$	4,381,431	80000
TOTAL FED Federal Special Revenue							80001
Fund Group			$	34,021,913	$	~~36,073,913~~ 26,880,063	80002

State Special Revenue Fund Group	80003

4E80	235602	Higher Educational Facility Commission Administration	$	29,100	$	29,100	80004
5FR0	235640	~~Joyce Foundation~~ Shifting Gears Grant	$	919,719	$	919,719	80005
5FR0	235647	Developmental Education Initiatives	$	135,000	$	135,000	80006
5FR0	235657	Win-Win Grant	$	37,000	$	15,000	80007
5P30	235663	Variable Savings Plan	$	8,946,994	$	9,072,136	80008
6450	235664	Guaranteed Savings Plan	$	900,293	$	907,514	80009
6820	235606	Nursing Loan Program	$	891,320	$	891,320	80010
TOTAL SSR State Special Revenue							80011
Fund Group			$	11,859,426	$	11,969,789	80012

Third Frontier Research & Development Fund Group	80013

7011	235634	Research Incentive Third Frontier Fund	$	8,000,000	$	8,000,000	80014
TOTAL 011 Third Frontier Research & Development Fund Group			$	8,000,000	$	8,000,000	80015
TOTAL ALL BUDGET FUND GROUPS			$	2,303,497,312	$	~~2,389,810,246~~ 2,373,606,761	80016

Sec. 371.30.30. AIR FORCE INSTITUTE OF TECHNOLOGY

80018

The foregoing appropriation item 235508, Air Force Institute	80019
of Technology, shall be used by the director of the Air Force	80020
Institute to: (A) strengthen the research and educational linkages	80021
between the Wright Patterson Air Force Base and institutions of	80022
higher education in Ohio; and (B) support the Dayton Area Graduate	80023
Studies Institute, an engineering graduate consortium of Wright	80024
State University, the University of Dayton, and the Air Force	80025
Institute of Technology, with the participation of the University	80026
of Cincinnati and The Ohio State University.	80027

Any unexpended and unencumbered portion of the foregoing	80028
appropriation item 235508, Air Force Institute of Technology, at	80029
the end of fiscal year 2012 is hereby reappropriated for the same	80030
purpose in fiscal year 2013.	80031

Sec. 371.50.61. CO-OP INTERNSHIP PROGRAM

80032

Of the foregoing appropriation item 235649, Co-op Internship	80033
Program, $75,000 in each fiscal year shall be used by the	80034
Chancellor of the Board of Regents to support the operations of	80035
Ohio University's Voinovich School.	80036

Of the foregoing appropriation item 235649, Co-op Internship	80037
Program, $75,000 in each fiscal year, shall be used by the	80038
Chancellor of the Board of Regents to support the operations of	80039
The Ohio State University's John Glenn School of Public Affairs.	80040

Of the foregoing appropriation item 235649, Co-op Internship	80041
Program, $75,000 in each fiscal year shall be used to support the	80042
Bliss Institute of Applied Politics at the University of Akron.	80043

Of the foregoing appropriation item 235649, Co-op Internship	80044
Program, $75,000 in each fiscal year shall be used to support the	80045
Center for Public Management and Regional Affairs at Miami	80046
University.	80047

Of the foregoing appropriation item 235649, Co-op Internship	80048
Program, $75,000 in each fiscal year shall be used to support the	80049
Washington Center Internship Program.	80050

Of the foregoing appropriation item 235649, Co-op Internship	80051
Program, $75,000 in each fiscal year shall be used to support the	80052
~~Maxine Goodman Levin College of Urban Affairs~~mentoring program of	80053
the Ohio Center for the Advancement of Women in Public Service at	80054
the Cleveland State University.	80055

Of the foregoing appropriation item 235649, Co-op Internship	80056
Program, $75,000 in each fiscal year shall be used to support the	80057
University of Cincinnati Internship Program.	80058

Any unexpended and unencumbered portion of the foregoing	80059
appropriation item 235649, Co-op Internship Program, at the end of	80060
fiscal year 2012 is hereby reappropriated for the same purpose in	80061
fiscal year 2013.	80062

Sec. 371.50.65. AIR FORCE INSTITUTE OF TECHNOLOGY –	80063
DEFENSE/AEROSPACE GRADUATE STUDIES INSTITUTE	80064

The foregoing appropriation item 235668, Air Force Institute	80065
of Technology – Defense/Aerospace Graduate Studies Institute,	80066
shall be used by the Defense/Aerospace Graduate Studies Institute	80067
to strengthen regional job training, equip Ohio's workforce with	80068
needed skills, and strengthen the research and educational	80069
linkages among Department of Defense facilities in Ohio,	80070
institutions of higher education in Ohio, and available industry	80071
jobs in Ohio. These funds shall be matched by private industry	80072
partners or the Department of Defense in the aggregate amount of	80073
$2,500,000 over the FY 2012 - FY 2013 biennium.	80074

Any unexpended and unencumbered portion of the foregoing	80075
appropriation item 235668, Air Force Institute of Technology -	80076
Defense/Aerospace Graduate Studies Institute, at the end of fiscal	80077
year 2012 is hereby reappropriated for the same purpose in fiscal	80078
year 2013.	80079

Sec. 371.60.80. (A) The Ohio Digital Learning Task Force is	80080
hereby established to develop a strategy for the expansion of	80081
digital learning that enables students to customize their	80082
education, produces cost savings, and meets the needs of Ohio's	80083
economy. The Task Force shall consist of the following members:	80084

(1) The Chancellor of the Ohio Board of Regents or the	80085
Chancellor's designee;	80086

(2) The Superintendent of Public Instruction or the	80087
Superintendent's designee;	80088

(3) The Director of the Governor's Office of 21st Century	80089
Education or the Director's designee;	80090

(4) Up to six members appointed by the Governor, who shall be	80091
representatives of school districts or community schools,	80092
established under Chapter 3314. of the Revised Code, that are	80093
high-performing of their type and have demonstrated the ability to	80094
incorporate technology into the classroom successfully;	80095

(5) A member appointed by the President of the Senate;

80096

(6) A member appointed by the Speaker of the House of	80097
Representatives.	80098

(B) Members of the Task Force shall be appointed not later	80099
than sixty days after the effective date of this section.	80100
Vacancies on the Task Force shall be filled in the same manner as	80101
the original appointments. Members shall serve without	80102
compensation.	80103

(C) The Governor shall designate the chairperson of the Task	80104
Force. All meetings of the Task Force shall be held at the call of	80105
the chairperson.	80106

(D) The Task Force shall do all of the following:

80107

(1) Request information from textbook publishers about the	80108
development of digital textbooks and other new digital content	80109
distribution methods for use by primary, secondary, and	80110
post-secondary schools and institutions and examine that	80111
information;	80112

(2) Examine potential cost savings and efficiency of	80113
utilizing digital textbooks and other new digital content	80114
distribution methods in primary, secondary, and post-secondary	80115
schools and institutions;	80116

(3) Examine potential academic benefits of utilizing digital	80117
textbooks and other new digital content distribution methods,	80118
including, but not limited to, the ability to individualize	80119
content to specific student learning styles, accessibility for	80120
individuals with disabilities, and the integration of formative	80121
and other online assessments;	80122

(4) Examine digital content pilot programs and initiatives	80123
currently operating at primary, secondary, and post-secondary	80124
schools and institutions in Ohio, including, but not limited to,	80125
those financed in part with federal funds;	80126

(5) Examine any state-level initiatives to provide or	80127
facilitate use of digital content in primary, secondary, and	80128
post-secondary schools and institutions in Ohio.	80129

(E) The Task Force shall make recommendations regarding all	80130
of the following:	80131

(1) The creation of high quality digital content and	80132
instruction in grades kindergarten to twelve for free access by	80133
public and nonpublic schools and students receiving home	80134
instruction;	80135

(2) High quality professional development for teachers and	80136
principals providing online instruction or blended learning	80137
programs;	80138

(3) Funding strategies that create incentives for high	80139
performance, innovation, and options in course providers and	80140
delivery;	80141

(4) Student assessment and accountability;

80142

(5) Infrastructure to support digital learning;

80143

(6) Mobile learning and mobile learning applications;

80144

(7) The clearinghouse established under section 3333.82 of	80145
the Revised Code;	80146

(8) Ways to align the resources and digital learning	80147
initiatives of state agencies and offices;	80148

(9) Methods for removing redundancy and inefficiency in, and	80149
for providing coordination, of all digital learning programs,	80150
including the provision of free online instruction to public and	80151
nonpublic schools on a statewide basis;	80152

(10) Methods of addressing future changes in technology and	80153
learning.	80154

~~(E)~~(F) Not later than March 1, 2012, the Task Force shall	80155
issue a report of its findings and recommendations to the	80156
Governor, the President of the Senate, and the Speaker of the	80157
House of Representatives. ~~Upon issuance of~~After issuing its	80158
report, the Task Force shall monitor the implementation of its	80159
recommendations. Not later than June 30, 2013, the Task Force	80160
shall report to the Governor, the President of the Senate, and the	80161
Speaker of the House of Representatives whether digital learning	80162
is advancing in Ohio schools and submit any recommendations to	80163
further enhance the full deployment of useful digital learning	80164
programs and services. The Task Force shall cease to exist on June	80165
30, 2013.	80166

Sec. 373.10. DRC DEPARTMENT OF REHABILITATION AND CORRECTION

80167

General Revenue Fund							80168
GRF	501321	Institutional Operations	$	909,547,156	$	866,592,589	80169
GRF	501403	Prisoner Compensation	$	8,599,255	$	8,599,255	80170
GRF	501405	Halfway House	$	43,637,069	$	43,622,104	80171
GRF	501406	Lease Rental Payments	$	42,863,100	$	104,301,500	80172
GRF	501407	Community Nonresidential Programs	$	25,859,382	$	25,839,390	80173
GRF	501408	Community Misdemeanor Programs	$	14,906,800	$	14,906,800	80174
GRF	501501	Community Residential Programs - CBCF	$	62,692,785	$	62,477,785	80175
GRF	502321	Mental Health Services	$	58,525,816	$	51,778,513	80176
GRF	503321	Parole and Community Operations	$	68,197,272	$	63,783,848	80177
GRF	504321	Administrative Operations	$	21,996,504	$	20,085,474	80178
GRF	505321	Institution Medical Services	$	209,231,014	$	195,241,961	80179
GRF	506321	Institution Education Services	$	20,237,576	$	18,086,492	80180
GRF	507321	Institution Recovery Services	$	5,786,109	$	5,375,737	80181
TOTAL GRF General Revenue Fund			$	1,492,079,838	$	1,480,691,448	80182

General Services Fund Group	80183

1480	501602	~~Services and Agricultural~~ Institutional Services	$	3,579,250	$	3,584,263	80184
2000	501607	Ohio Penal Industries	$	38,000,000	$	38,000,000	80185
4830	501605	Property Receipts	$	182,723	$	182,086	80186
4B00	501601	Sewer Treatment Services	$	2,145,630	$	~~2,157,682~~ 2,057,682	80187
4D40	501603	Prisoner Programs	$	14,900,000	$	14,900,000	80188
4L40	501604	Transitional Control	$	1,168,843	$	~~1,213,120~~ 1,113,120	80189
4S50	501608	Education Services	$	2,376,041	$	2,359,775	80190
5710	501606	Training Academy Receipts	$	125,000	$	125,000	80191
5930	501618	Laboratory Services	$	6,665,137	$	6,664,729	80192
5AF0	501609	State and Non-Federal Awards	$	1,440,000	$	1,440,000	80193
5H80	501617	Offender Financial Responsibility	$	2,000,000	$	2,000,000	80194
5L60	501611	Information Technology Services	$	600,000	$	~~600,000~~ 350,000	80195
TOTAL GSF General Services Fund Group			$	73,182,624	$	~~73,226,655~~ 72,776,655	80196

Federal Special Revenue Fund Group	80197

3230	501619	Federal Grants	$	9,013,558	$	9,180,703	80198
TOTAL FED Federal Special Revenue							80199
Fund Group			$	9,013,558	$	9,180,703	80200

TOTAL ALL BUDGET FUND GROUPS

1,574,276,020

~~1,563,098,806~~ 1,562,648,806

80201

TRANSFER OF OPERATING APPROPRIATIONS TO IMPLEMENT CRIMINAL	80202
SENTENCING REFORMS	80203

For the purposes of implementing criminal sentencing reforms,	80204
and notwithstanding any other provision of law to the contrary,	80205
the Director of Budget and Management, at the request of the	80206
Director of Rehabilitation and Correction, may transfer up to	80207
$14,000,000 in appropriations, in each of fiscal years 2012 and	80208
2013, from appropriation item 501321, Institutional Operations, to	80209
any combination of appropriation items 501405, Halfway House;	80210
501407, Community Residential Programs; 501408, Community	80211
Misdemeanor Programs; and 501501, Community Residential Programs -	80212
CBCF.	80213

OHIO BUILDING AUTHORITY LEASE PAYMENTS

80214

The foregoing appropriation item 501406, Lease Rental	80215
Payments, shall be used to meet all payments at the times they are	80216
required to be made during the period from July 1, 2011, through	80217
June 30, 2013, by the Department of Rehabilitation and Correction	80218
to the Ohio Building Authority under the primary leases and	80219
agreements for those buildings made under Chapter 152. of the	80220
Revised Code. These appropriations are the source of funds pledged	80221
for bond service charges or obligations issued pursuant to Chapter	80222
152. of the Revised Code.	80223

OSU MEDICAL CHARGES

80224

Notwithstanding section 341.192 of the Revised Code, at the	80225
request of the Department of Rehabilitation and Correction, The	80226
Ohio State University Medical Center, including the James Cancer	80227
Hospital and Solove Research Institute and the Richard M. Ross	80228
Heart Hospital, shall provide necessary care to persons who are	80229
confined in state adult correctional facilities. The provision of	80230
necessary care shall be billed to the Department at a rate not to	80231
exceed the authorized reimbursement rate for the same service	80232
established by the Department of Job and Family Services under the	80233
Medical Assistance Program.	80234

CASH TRANSFER FROM INSTITUTIONAL SERVICES FUND TO OHIO PENAL	80235
INDUSTRIES FUND	80236

The Director of Budget and Management may transfer an amount	80237
not to exceed $4,000,000 in cash in fiscal year 2013 from the	80238
Institutional Services Fund (Fund 1480) to the Ohio Penal	80239
Industries Fund (Fund 2000).	80240

Sec. 375.10. RSC REHABILITATION SERVICES COMMISSION

80241

General Revenue Fund	80242

GRF	415402	Independent Living Council	$	252,000	$	252,000	80243
GRF	415406	Assistive Technology	$	26,618	$	26,618	80244
GRF	415431	Office for People with Brain Injury	$	126,567	$	126,567	80245
GRF	415506	Services for People with Disabilities	$	12,777,884	$	12,777,884	80246
GRF	415508	Services for the Deaf	$	28,000	$	28,000	80247
TOTAL GRF General Revenue Fund			$	13,211,069	$	13,211,069	80248

General Services Fund Group	80249

4670	415609	Business Enterprise Operating Expenses	$	1,308,431	$	1,303,090	80250
TOTAL GSF General Services							80251
Fund Group			$	1,308,431	$	1,303,090	80252

Federal Special Revenue Fund Group	80253

3170	415620	Disability Determination	$	97,579,095	$	~~97,579,095~~ 87,579,095	80254
3790	415616	Federal - Vocational Rehabilitation	$	103,160,426	$	103,150,102	80255
3L10	415601	Social Security Personal Care Assistance	$	3,370,000	$	3,370,000	80256
3L10	415605	Social Security Community Centers for the Deaf	$	772,000	$	772,000	80257
3L10	415608	Social Security Special Programs/Assistance	$	1,521,406	$	1,520,184	80258
3L40	415612	Federal Independent Living Centers or Services	$	652,222	$	652,222	80259
3L40	415615	Federal - Supported Employment	$	929,755	$	929,755	80260
3L40	415617	Independent Living/Vocational Rehabilitation Programs	$	2,137,338	$	2,137,338	80261
TOTAL FED Federal Special							80262
Revenue Fund Group			$	210,122,242	$	~~210,110,696~~ 200,110,696	80263

State Special Revenue Fund Group	80264

4680	415618	Third Party Funding	$	10,802,589	$	10,802,589	80265
4L10	415619	Services for Rehabilitation	$	3,700,000	$	3,700,000	80266
4W50	415606	Program Management Expenses	$	11,636,730	$	11,587,201	80267
TOTAL SSR State Special							80268
Revenue Fund Group			$	26,139,319	$	26,089,790	80269
TOTAL ALL BUDGET FUND GROUPS			$	250,781,061	$	~~250,714,645~~ 240,714,645	80270

INDEPENDENT LIVING COUNCIL

80271

The foregoing appropriation item 415402, Independent Living	80272
Council, shall be used to fund the operations of the State	80273
Independent Living Council and to support state independent living	80274
centers and independent living services under Title VII of the	80275
Independent Living Services and Centers for Independent Living of	80276
the Rehabilitation Act Amendments of 1992, 106 Stat. 4344, 29	80277
U.S.C. 796d.	80278

Of the foregoing appropriation item 415402, Independent	80279
Living Council, $67,662 in each fiscal year shall be used as state	80280
matching funds for vocational rehabilitation innovation and	80281
expansion activities.	80282

ASSISTIVE TECHNOLOGY

80283

The total amount of the foregoing appropriation item 415406,	80284
Assistive Technology, shall be provided to Assistive Technology of	80285
Ohio to provide grants and assistive technology services for	80286
people with disabilities in the State of Ohio.	80287

OFFICE FOR PEOPLE WITH BRAIN INJURY

80288

The foregoing appropriation item 415431, Office for People	80289
with Brain Injury, shall be used to plan and coordinate	80290
head-injury-related services provided by state agencies and other	80291
government or private entities, to assess the needs for such	80292
services, and to set priorities in this area.	80293

Of the foregoing appropriation item 415431, Office for People	80294
with Brain Injury, $44,067 in each fiscal year shall be used as	80295
state matching funds to provide vocational rehabilitation services	80296
to eligible consumers.	80297

VOCATIONAL REHABILITATION SERVICES

80298

The foregoing appropriation item 415506, Services for People	80299
with Disabilities, shall be used as state matching funds to	80300
provide vocational rehabilitation services to eligible consumers.	80301

At the request of the Chancellor of the Board of Regents, the	80302
Director of Budget and Management may transfer any unexpended,	80303
unencumbered appropriation in fiscal year 2012 or fiscal year 2013	80304
from appropriation item 235502, Student Support Services, to	80305
appropriation item 415506, Services for People with Disabilities.	80306
Any appropriation so transferred shall be used by the Ohio	80307
Rehabilitation Services Commission to obtain additional federal	80308
matching funds to serve disabled students.	80309

SERVICES FOR THE DEAF

80310

The foregoing appropriation item 415508, Services for the	80311
Deaf, shall be used to provide grants to community centers for the	80312
deaf.	80313

INDEPENDENT LIVING/VOCATIONAL REHABILITATION PROGRAMS

80314

The foregoing appropriation item 415617, Independent	80315
Living/Vocational Rehabilitation Programs, shall be used to	80316
support vocational rehabilitation programs.	80317

SOCIAL SECURITY REIMBURSEMENT FUNDS

80318

Reimbursement funds received from the Social Security	80319
Administration, United States Department of Health and Human	80320
Services, for the costs of providing services and training to	80321
return disability recipients to gainful employment shall be	80322
expended from the Social Security Reimbursement Fund (Fund 3L10),	80323
to the extent funds are available, as follows:	80324

(A) Appropriation item 415601, Social Security Personal Care	80325
Assistance, to provide personal care services in accordance with	80326
section 3304.41 of the Revised Code;	80327

(B) Appropriation item 415605, Social Security Community	80328
Centers for the Deaf, to provide grants to community centers for	80329
the deaf in Ohio for services to individuals with hearing	80330
impairments; and	80331

(C) Appropriation item 415608, Social Security Special	80332
Programs/Assistance, to provide vocational rehabilitation services	80333
to individuals with severe disabilities who are Social Security	80334
beneficiaries, to enable them to achieve competitive employment.	80335
This appropriation item shall also be used to pay a portion of	80336
indirect costs of the Personal Care Assistance Program and the	80337
Independent Living Programs as mandated by federal OMB Circular	80338
A-87.	80339

PROGRAM MANAGEMENT EXPENSES

80340

The foregoing appropriation item 415606, Program Management	80341
Expenses, shall be used to support the administrative functions of	80342
the commission related to the provision of vocational	80343
rehabilitation, disability determination services, and ancillary	80344
programs.	80345

Sec. 379.10. RDF REVENUE DISTRIBUTION FUNDS

80346

Volunteer Firefighters' Dependents Fund	80347

7085	800985	Volunteer Firemen's Dependents Fund	$	300,000	$	300,000	80348
TOTAL 085 Volunteer Firefighters'							80349
Dependents Fund			$	300,000	$	300,000	80350
Agency Fund Group							80351
4P80	001698	Cash Management Improvement Fund	$	3,100,000	$	3,100,000	80352
5JG0	110633	Gross Casino Revenue County Fund	$	5,778,617	$	138,882,294	80353
5JH0	110634	Gross Casino Revenue County Student Fund	$	3,852,412	$	92,588,196	80354
5JJ0	110636	Gross Casino Revenue Host City Fund	$	566,531	$	13,615,911	80355
~~5JK0~~	~~875610~~	~~Ohio State Racing Commission Fund~~	$	~~339,919~~	$	~~8,169,547~~	80356
~~5JL0~~	~~038629~~	~~Problem Casino Gambling and Addictions Fund~~	$	~~226,612~~	$	~~5,446,364~~	80357
~~5JN0~~	~~055654~~	~~Ohio Law Enforcement Training Fund~~	$	~~226,612~~	$	~~5,446,364~~	80358
6080	001699	Investment Earnings	$	50,000,000	$	150,000,000	80359
7062	110962	Resort Area Excise Tax	$	1,000,000	$	1,000,000	80360
7063	110963	Permissive Tax Distribution	$	1,904,500,000	$	1,980,700,000	80361
7067	110967	School District Income Tax	$	317,000,000	$	330,000,000	80362
TOTAL AGY Agency Fund Group			$	~~2,286,590,703~~ 2,285,797,560	$	~~2,728,948,676~~ 2,709,886,401	80363

Holding Account Redistribution	80364

R045	110617	International Fuel Tax Distribution	$	40,000,000	$	40,000,000	80365
TOTAL 090 Holding Account Redistribution Fund							80366
Revenue Distribution Fund Group			$	40,000,000	$	40,000,000	80367
7049	038900	Indigent Drivers Alcohol Treatment	$	2,200,000	$	2,200,000	80368
7050	762900	International Registration Plan Distribution	$	30,000,000	$	30,000,000	80369
7051	762901	Auto Registration Distribution	$	539,000,000	$	539,000,000	80370
7054	110954	Local Government Property Tax Replacement - Utility	$	16,000,000	$	11,000,000	80371
7060	110960	Gasoline Excise Tax Fund	$	393,000,000	$	395,000,000	80372
7065	110965	Public Library Fund	$	354,000,000	$	345,000,000	80373
7066	800966	Undivided Liquor Permits	$	14,100,000	$	14,100,000	80374
7068	110968	State and Local Government Highway Distribution	$	193,000,000	$	196,000,000	80375
7069	110969	Local Government Fund	$	577,000,000	$	348,000,000	80376
7081	110981	Local Government Property Tax Replacement-Business	$	291,000,000	$	181,000,000	80377
7082	110982	Horse Racing Tax	$	100,000	$	100,000	80378
7083	700900	Ohio Fairs Fund	$	1,400,000	$	1,400,000	80379
TOTAL RDF Revenue Distribution							80380
Fund Group			$	2,410,800,000	$	2,062,800,000	80381
TOTAL ALL BUDGET FUND GROUPS			$	~~4,737,690,703~~ 4,736,897,560	$	~~4,832,048,676~~ 4,812,986,401	80382

ADDITIONAL APPROPRIATIONS

80383

Appropriation items in this section shall be used for the	80384
purpose of administering and distributing the designated revenue	80385
distribution funds according to the Revised Code. If it is	80386
determined that additional appropriations are necessary for this	80387
purpose, such amounts are hereby appropriated.	80388

GENERAL REVENUE FUND TRANSFERS

80389

Notwithstanding any provision of law to the contrary, in	80390
fiscal year 2012 and fiscal year 2013, the Director of Budget and	80391
Management may transfer from the General Revenue Fund to the Local	80392
Government Tangible Property Tax Replacement Fund (Fund 7081) in	80393
the Revenue Distribution Fund Group, those amounts necessary to	80394
reimburse local taxing units under section 5751.22 of the Revised	80395
Code. Also, in fiscal year 2012 and fiscal year 2013, the Director	80396
of Budget and Management may make temporary transfers from the	80397
General Revenue Fund to ensure sufficient balances in the Local	80398
Government Tangible Property Tax Replacement Fund (Fund 7081) and	80399
to replenish the General Revenue Fund for such transfers.	80400

Sec. 387.10. SFC SCHOOL FACILITIES COMMISSION

80401

General Revenue Fund	80402

GRF	230908		Common Schools General Obligation Debt Service		$	150,604,900		$	~~341,919,400~~ 329,919,400		80403
TOTAL GRF General Revenue Fund					$	150,604,900		$	~~341,919,400~~ 329,919,400		80404

State Special Revenue Fund Group	80405

5E30	230644	Operating Expenses	$	8,950,000	$	8,550,000	80406
TOTAL SSR State Special Revenue							80407
Fund Group			$	8,950,000	$	8,550,000	80408
TOTAL ALL BUDGET FUND GROUPS			$	159,554,900	$	~~350,469,400~~ 338,469,400	80409

Sec. 403.10. TAX DEPARTMENT OF TAXATION

80411

General Revenue Fund	80412

GRF	110321	Operating Expenses	$	73,500,000	$	~~73,550,000~~ 72,814,500	80413
GRF	110404	Tobacco Settlement Enforcement	$	200,000	$	~~200,000~~ 198,000	80414
GRF	110412	Child Support Administration	$	15,804	$	~~15,804~~ 15,646	80415
GRF	110901	Property Tax Allocation - Taxation	$	610,900,000	$	616,000,000	80416
TOTAL GRF General Revenue Fund			$	684,615,804	$	~~689,765,804~~ 689,028,146	80417

General Services Fund Group	80418

2280	110628	Tax Reform System Implementation	$	13,638,008	$	~~13,642,176~~ 13,505,754	80419
4330	110602	Tape File Account	$	197,802	$	~~197,878~~ 195,899	80420
5AP0	110632	Discovery Project	$	2,445,799	$	~~2,445,657~~ 2,421,200	80421
5BW0	110630	Tax Amnesty Promotion and Administration	$	2,500,000	$	0	80422
5CZ0	110631	Vendor's License Application	$	250,000	$	250,000	80423
5N50	110605	Municipal Income Tax Administration	$	339,798	$	~~339,975~~ 336,575	80424
5N60	110618	Kilowatt Hour Tax Administration	$	150,000	$	~~150,000~~ 148,500	80425
5V80	110623	Property Tax Administration	$	12,195,733	$	~~12,099,303~~ 11,978,310	80426
5W40	110625	Centralized Tax Filing and Payment	$	200,000	$	~~200,000~~ 198,000	80427
5W70	110627	Exempt Facility Administration	$	50,000	$	~~50,000~~ 49,500	80428
TOTAL GSF General Services							80429
Fund Group			$	31,967,140	$	~~29,374,989~~ 29,083,738	80430

State Special Revenue Fund Group	80431

4350	110607	Local Tax Administration	$	19,028,339	$	~~19,225,941~~ 19,033,682	80432
4360	110608	Motor Vehicle Audit	$	1,474,081	$	~~1,474,353~~ 1,459,609	80433
4370	110606	Litter/Natural Resource Tax Administration	$	20,000	$	~~20,000~~ 19,800	80434
4380	110609	School District Income Tax	$	5,859,041	$	~~5,860,650~~ 5,802,044	80435
4C60	110616	International Registration Plan	$	689,296	$	~~689,308~~ 682,415	80436
4R60	110610	Tire Tax Administration	$	245,462	$	~~246,660~~ 244,193	80437
5V70	110622	Motor Fuel Tax Administration	$	5,384,254	$	~~5,086,236~~ 5,035,374	80438
6390	110614	Cigarette Tax Enforcement	$	1,384,217	$	~~1,384,314~~ 1,370,471	80439
6420	110613	Ohio Political Party Distributions	$	500,000	$	500,000	80440
6880	110615	Local Excise Tax Administration	$	782,630	$	~~782,843~~ 775,015	80441
TOTAL SSR State Special Revenue							80442
Fund Group			$	35,367,320	$	~~35,270,305~~ 34,922,603	80443

Agency Fund Group	80444

4250	110635	Tax Refunds	$	1,546,800,000	$	1,546,800,000	80445
7095	110995	Municipal Income Tax	$	21,000,000	$	21,000,000	80446
TOTAL AGY Agency Fund Group			$	1,567,800,000	$	1,567,800,000	80447

Holding Account Redistribution Fund Group	80448

R010	110611	Tax Distributions	$	50,000	$	50,000	80449
R011	110612	Miscellaneous Income Tax Receipts	$	50,000	$	50,000	80450
TOTAL 090 Holding Account							80451
Redistribution Fund Group			$	100,000	$	100,000	80452
TOTAL ALL BUDGET FUND GROUPS			$	2,319,850,264	$	~~2,322,311,098~~ 2,320,934,487	80453

HOMESTEAD EXEMPTION, PROPERTY TAX ROLLBACK

80454

The foregoing appropriation item 110901, Property Tax	80455
Allocation - Taxation, is hereby appropriated to pay for the	80456
state's costs incurred due to the Homestead Exemption, the	80457
Manufactured Home Property Tax Rollback, and the Property Tax	80458
Rollback. The Tax Commissioner shall distribute these funds	80459
directly to the appropriate local taxing districts, except for	80460
school districts, notwithstanding the provisions in sections	80461
321.24 and 323.156 of the Revised Code, which provide for payment	80462
of the Homestead Exemption, the Manufactured Home Property Tax	80463
Rollback, and Property Tax Rollback by the Tax Commissioner to the	80464
appropriate county treasurer and the subsequent redistribution of	80465
these funds to the appropriate local taxing districts by the	80466
county auditor.	80467

Upon receipt of these amounts, each local taxing district	80468
shall distribute the amount among the proper funds as if it had	80469
been paid as real property taxes. Payments for the costs of	80470
administration shall continue to be paid to the county treasurer	80471
and county auditor as provided for in sections 319.54, 321.26, and	80472
323.156 of the Revised Code.	80473

Any sums, in addition to the amounts specifically	80474
appropriated in appropriation item 110901, Property Tax Allocation	80475
- Taxation, for the Homestead Exemption, the Manufactured Home	80476
Property Tax Rollback, and the Property Tax Rollback payments,	80477
which are determined to be necessary for these purposes, are	80478
hereby appropriated.	80479

TAX AMNESTY PROMOTION AND ADMINISTRATION

80480

The foregoing appropriation item 110630, Tax Amnesty	80481
Promotion and Administration, shall be used to pay expenses	80482
incurred to promote and administer the tax amnesty program to be	80483
conducted from May 1, 2012, through June 15, 2012, by the	80484
Department of Taxation pursuant to Section 757.40 of ~~this act~~Am.	80485
Sub. H.B. 153 of the 129th General Assembly.	80486

MUNICIPAL INCOME TAX

80487

The foregoing appropriation item 110995, Municipal Income	80488
Tax, shall be used to make payments to municipal corporations	80489
under section 5745.05 of the Revised Code. If it is determined	80490
that additional appropriations are necessary to make such	80491
payments, such amounts are hereby appropriated.	80492

TAX REFUNDS

80493

The foregoing appropriation item 110635, Tax Refunds, shall	80494
be used to pay refunds under section 5703.052 of the Revised Code.	80495
If it is determined that additional appropriations are necessary	80496
for this purpose, such amounts are hereby appropriated.	80497

INTERNATIONAL REGISTRATION PLAN AUDIT

80498

The foregoing appropriation item 110616, International	80499
Registration Plan, shall be used under section 5703.12 of the	80500
Revised Code for audits of persons with vehicles registered under	80501
the International Registration Plan.	80502

TRAVEL EXPENSES FOR THE STREAMLINED SALES TAX PROJECT

80503

Of the foregoing appropriation item 110607, Local Tax	80504
Administration, the Tax Commissioner may disburse funds, if	80505
available, for the purposes of paying travel expenses incurred by	80506
members of Ohio's delegation to the Streamlined Sales Tax Project,	80507
as appointed under section 5740.02 of the Revised Code. Any travel	80508
expense reimbursement paid for by the Department of Taxation shall	80509
be done in accordance with applicable state laws and guidelines.	80510

CENTRALIZED TAX FILING AND PAYMENT FUND

80511

The Director of Budget and Management, under a plan submitted	80512
by the Tax Commissioner, or as otherwise determined by the	80513
Director of Budget and Management, shall set a schedule to	80514
transfer cash from the General Revenue Fund to the credit of the	80515
Centralized Tax Filing and Payment Fund (Fund 5W40). The transfers	80516
of cash shall not exceed $400,000 in the biennium.	80517

TOBACCO SETTLEMENT ENFORCEMENT

80518

The foregoing appropriation item 110404, Tobacco Settlement	80519
Enforcement, shall be used by the Tax Commissioner to pay costs	80520
incurred in the enforcement of divisions (F) and (G) of section	80521
5743.03 of the Revised Code.	80522

Sec. 411.10. DVS DEPARTMENT OF VETERANS SERVICES

80523

General Revenue Fund	80524

GRF	900321	Veterans' Homes	$	27,369,946	$	27,369,946	80525
GRF	900402	Hall of Fame	$	107,075	$	107,075	80526
GRF	900408	Department of Veterans Services	$	1,901,823	$	~~1,901,823~~ 2,001,823	80527
GRF	900901	Persian Gulf, Afghanistan, and Iraq Compensation Debt Service	$	5,486,600	$	10,112,100	80528
TOTAL GRF General Revenue Fund			$	34,865,444	$	~~39,490,944~~ 39,590,944	80529

General Services Fund Group	80530

4840	900603		Veterans' Homes Services		$	305,806		$	312,458		80531
TOTAL GSF General Services Fund Group					$	305,806		$	312,458		80532

Federal Special Revenue Fund Group	80533

3680	900614	Veterans Training	$	769,500	$	754,377	80534
3740	900606	Troops to Teachers	$	136,786	$	133,461	80535
3BX0	900609	Medicare Services	$	2,500,000	$	2,490,169	80536
3L20	900601	Veterans' Homes Operations - Federal	$	23,455,379	$	23,476,269	80537
TOTAL FED Federal Special Revenue							80538
Fund Group			$	26,861,665	$	26,854,276	80539

State Special Revenue Fund Group	80540

4E20	900602	Veterans' Homes Operating	$	10,117,680	$	10,319,078	80541
6040	900604	Veterans' Homes Improvement	$	347,598	$	398,731	80542
TOTAL SSR State Special Revenue							80543
Fund Group			$	10,465,278	$	10,717,809	80544

Persian Gulf, Afghanistan, and Iraq Compensation Fund Group	80545

7041	900615	Veteran Bonus Program - Administration	$	1,605,410	$	1,147,703	80546
7041	900641	Persian Gulf, Afghanistan, and Iraq Compensation	$	25,425,000	$	24,300,000	80547
TOTAL 041 Persian Gulf,							80548
Afghanistan, and Iraq							80549
Compensation Fund Group			$	27,030,410	$	25,447,703	80550
TOTAL ALL BUDGET FUND GROUPS			$	99,528,603	$	~~102,823,190~~ 102,923,190	80551

PERSIAN GULF, AFGHANISTAN AND IRAQ COMPENSATION GENERAL	80552
OBLIGATION DEBT SERVICE	80553

The foregoing appropriation item 900901, Persian Gulf,	80554
Afghanistan and Iraq Compensation Debt Service, shall be used to	80555
pay all debt service and related financing costs during the period	80556
from July 1, 2011, through June 30, 2013, on obligations issued	80557
for Persian Gulf, Afghanistan and Iraq Conflicts Compensation	80558
purposes under sections 151.01 and 151.12 of the Revised Code.	80559

Sec. 415.10. DYS DEPARTMENT OF YOUTH SERVICES

80560

General Revenue Fund	80561

GRF	470401	RECLAIM Ohio	$	168,716,967	$	162,362,228	80562
GRF	470412	Lease Rental Payments	$	10,221,800	$	27,230,100	80563
GRF	470510	Youth Services	$	16,702,728	$	16,702,728	80564
GRF	472321	Parole Operations	$	10,830,019	$	10,583,118	80565
GRF	477321	Administrative Operations	$	12,222,051	$	11,855,389	80566
TOTAL GRF General Revenue Fund			$	218,693,565	$	228,733,563	80567

General Services Fund Group	80568

1750	470613	Education Reimbursement	$	8,160,277	$	~~8,151,056~~ 6,251,056	80569
4790	470609	Employee Food Service	$	150,000	$	150,000	80570
4A20	470602	Child Support	$	450,000	$	400,000	80571
4G60	470605	General Operational Funds	$	125,000	$	125,000	80572
5BN0	470629	E-Rate Program	$	535,000	$	535,000	80573
TOTAL GSF General Services							80574
Fund Group			$	9,420,277	$	~~9,361,056~~ 7,461,056	80575

Federal Special Revenue Fund Group	80576

3210	470601	Education	$	1,774,469	$	1,517,840	80577
3210	470603	Juvenile Justice Prevention	$	300,000	$	300,000	80578
3210	470606	Nutrition	$	1,747,432	$	~~1,704,022~~ 1,400,000	80579
3210	470610	Rehabilitation Programs	$	36,000	$	~~36,000~~ 0	80580
3210	470614	Title IV-E Reimbursements	$	6,000,000	$	6,000,000	80581
3BY0	470635	Federal Juvenile Programs FFY 07	$	56,471	$	2,000	80582
3BZ0	470636	Federal Juvenile Programs FFY 08	$	82,000	$	1,618	80583
3CP0	470638	Federal Juvenile Programs FFY 09	$	500,000	$	300,730	80584
3CR0	470639	Federal Juvenile Programs FFY 10	$	800,000	$	479,900	80585
3FB0	470641	Federal Juvenile Programs FFY 11	$	135,000	$	600,000	80586
3FC0	470642	Federal Juvenile Programs FFY 12	$	0	$	135,000	80587
3V50	470604	Juvenile Justice/Delinquency Prevention	$	2,010,000	$	2,000,000	80588
TOTAL FED Federal Special Revenue							80589
Fund Group			$	13,441,372	$	~~13,077,110~~ 12,737,088	80590

State Special Revenue Fund Group	80591

1470	470612	Vocational Education	$	762,126	$	758,210	80592
TOTAL SSR State Special Revenue							80593
Fund Group			$	762,126	$	758,210	80594
TOTAL ALL BUDGET FUND GROUPS			$	242,317,340	$	~~251,929,939~~ 249,689,917	80595

COMMUNITY PROGRAMS

80596

For purposes of implementing juvenile sentencing reforms, and	80597
notwithstanding any provision of law to the contrary, the	80598
Department of Youth Services may use up to forty-five per cent of	80599
the unexpended, unencumbered balance of the portion of	80600
appropriation item 470401, RECLAIM Ohio, that is allocated to	80601
juvenile correctional facilities in each fiscal year to expand	80602
Targeted RECLAIM, the Behavioral Health Juvenile Justice	80603
Initiative, and other evidence-based community programs.	80604

OHIO BUILDING AUTHORITY LEASE PAYMENTS

80605

The foregoing appropriation item 470412, Lease Rental	80606
Payments, shall be used to meet all payments at the times they are	80607
required to be made for the period from July 1, 2011, through June	80608
30, 2013, by the Department of Youth Services to the Ohio Building	80609
Authority under the leases and agreements for facilities made	80610
under Chapter 152. of the Revised Code. This appropriation is the	80611
source of funds pledged for bond service charges on related	80612
obligations issued pursuant to Chapter 152. of the Revised Code.	80613

EDUCATION REIMBURSEMENT

80614

The foregoing appropriation item 470613, Education	80615
Reimbursement, shall be used to fund the operating expenses of	80616
providing educational services to youth supervised by the	80617
Department of Youth Services. Operating expenses include, but are	80618
not limited to, teachers' salaries, maintenance costs, and	80619
educational equipment. This appropriation item may be used for	80620
capital expenses related to the education program.	80621

EMPLOYEE FOOD SERVICE AND EQUIPMENT

80622

Notwithstanding section 125.14 of the Revised Code, the	80623
foregoing appropriation item 470609, Employee Food Service, may be	80624
used to purchase any food operational items with funds received	80625
into the fund from reimbursements for state surplus property.	80626

FLEXIBLE FUNDING FOR CHILDREN AND FAMILIES

80627

In collaboration with the county family and children first	80628
council, the juvenile court of that county that receives	80629
allocations from one or both of the foregoing appropriation items	80630
470401, RECLAIM Ohio, and 470510, Youth Services, may transfer	80631
portions of those allocations to a flexible funding pool as	80632
authorized by the section of ~~this act~~Am. Sub. H.B. 153 of the	80633
129th General Assembly titled "FAMILY AND CHILDREN FIRST FLEXIBLE	80634
FUNDING POOL."	80635

Sec. 503.50. REAPPROPRIATION OF UNEXPENDED ENCUMBERED	80636
BALANCES OF OPERATING APPROPRIATIONS	80637

(A) An unexpended balance of an operating appropriation or	80638
reappropriation that a state agency lawfully encumbered prior to	80639
the close of a fiscal year is hereby reappropriated on the first	80640
day of July of the following fiscal year from the fund from which	80641
it was originally appropriated or reappropriated for the following	80642
period and shall remain available only for the purpose of	80643
discharging the encumbrance:	80644

(1) For an encumbrance for personal services, maintenance,	80645
equipment, or items for resale, other than an encumbrance for an	80646
item of special order manufacture not available on term contract	80647
or in the open market or for reclamation of land or oil and gas	80648
wells, for a period of not more than five months from the end of	80649
the fiscal year;	80650

(2) For an encumbrance for an item of special order	80651
manufacture not available on term contract or in the open market,	80652
for a period of not more than five months from the end of the	80653
fiscal year or, with the written approval of the Director of	80654
Budget and Management, for a period of not more than twelve months	80655
from the end of the fiscal year;	80656

(3) For an encumbrance for reclamation of land or oil and gas	80657
wells, for a period ending when the encumbered appropriation is	80658
expended or for a period of two years, whichever is less;	80659

(4) For an encumbrance for any other expense, for such period	80660
as the Director approves, provided such period does not exceed two	80661
years.	80662

(B) Any operating appropriations for which unexpended	80663
balances are reappropriated beyond a five-month period from the	80664
end of the fiscal year by division (A)(2) of this section shall be	80665
reported to the Controlling Board by the Director of Budget and	80666
Management by the thirty-first day of December of each year. The	80667
report on each such item shall include the item, the cost of the	80668
item, and the name of the vendor. The report shall be updated on a	80669
quarterly basis for encumbrances remaining open.	80670

(C) Upon the expiration of the reappropriation period set out	80671
in division (A) of this section, a reappropriation made by this	80672
section lapses, and the Director of Budget and Management shall	80673
cancel the encumbrance of the unexpended reappropriation not later	80674
than the end of the weekend following the expiration of the	80675
reappropriation period.	80676

(D) Notwithstanding division (C) of this section, with the	80677
approval of the Director of Budget and Management, an unexpended	80678
balance of an encumbrance that was reappropriated on the first day	80679
of July by this section for a period specified in division (A)(3)	80680
or (4) of this section and that remains encumbered at the close of	80681
the fiscal biennium is hereby reappropriated on the first day of	80682
July of the following fiscal biennium from the fund from which it	80683
was originally appropriated or reappropriated for the applicable	80684
period specified in division (A)(3) or (4) of this section and	80685
shall remain available only for the purpose of discharging the	80686
encumbrance.	80687

(E) The Director of Budget and Management may correct	80688
accounting errors committed by the staff of the Office of Budget	80689
and Management, such as ~~re-establishing~~reestablishing	80690
encumbrances or appropriations cancelled in error, during the	80691
cancellation of operating encumbrances in November and of	80692
nonoperating encumbrances in December.	80693

(F) The Director of Budget and Management may at any time	80694
correct accounting errors committed by the staff of a state	80695
institution of higher education, as defined in section 3345.011 of	80696
the Revised Code, such as reestablishing prior year nonoperating	80697
encumbrances canceled or modified in error. The reestablished	80698
encumbrance amounts are hereby appropriated.	80699

(G) If the Controlling Board approved a purchase, that	80700
approval remains in effect so long as the appropriation used to	80701
make that purchase remains encumbered.	80702

Sec. 521.70. OVERSIGHT OF FEDERAL STIMULUS FUNDS

80703

(A) The Office of Internal Auditing within the Office of	80704
Budget and Management shall, in connection with its duties under	80705
sections 126.45 to 126.48 of the Revised Code, monitor and measure	80706
the effectiveness of funds allocated to the state as part of the	80707
federal American Recovery and Reinvestment Act of 2009. As such,	80708
the Office of Internal Auditing shall review how funds allocated	80709
to each state agency are spent. For purposes of this section,	80710
"state agency" has the same meaning as in division (A) of section	80711
126.45 of the Revised Code.	80712

In addition to the reports required under section 126.47 of	80713
the Revised Code, the Office of Internal Auditing shall ~~submit~~	80714
prepare a report of its findings for the period beginning July 1,	80715
2011, and ending December 31, 2011. The Office shall submit the	80716
report to the President of the Senate, Minority Leader of the	80717
Senate, Speaker of the House of Representatives, Minority Leader	80718
of the House of Representatives, and the Chairs of the committees	80719
in the Senate and House of Representatives handling finance and	80720
appropriations~~. The report shall be submitted every six months at~~	80721
~~the following intervals:~~	80722

~~(1) For the six-month period ending December 31, 2011, not~~	80723
~~later than~~by February 1, 2012;	80724

~~(2) For the six-month period ending June 30, 2012, not later~~	80725
~~than August 1, 2012;~~	80726

~~(3) For the six-month period ending December 31, 2012, not~~	80727
~~later than February 1, 2013;~~	80728

~~(4) For the six-month period ending June 30, 2013, not later~~	80729
~~than August 1, 2013~~.	80730

(B) When, as part of its compliance with the federal American	80731
Recovery and Reinvestment Act of 2009 requirements to monitor and	80732
measure the effectiveness of funds for which the state of Ohio is	80733
the prime recipient, and for which reporting authority has not	80734
been delegated to a ~~sub-recipient~~subrecipient, the Office of	80735
Budget and Management submits quarterly reports to the federal	80736
government, the Office of Budget and Management shall also submit	80737
those reports to the President of the Senate, Minority Leader of	80738
the Senate, Speaker of the House of Representatives, Minority	80739
Leader of the House of Representatives, and Chairs and ranking	80740
members of the committees in the Senate and House of	80741
Representatives handling finance and appropriations. The Office of	80742
Budget and Management shall continue to submit quarterly reports	80743
to the legislature for the duration of the period in which the	80744
state of Ohio is required to make reports to the federal	80745
government concerning Ohio's use of the federal American Recovery	80746
and Reinvestment Act of 2009 funds.	80747

Section 601.41. That existing Sections 205.10, 207.10,	80748
207.10.80, 207.20.10, 207.20.30, 207.20.90, 209.10, 209.20,	80749
209.30, 211.10, 215.10, 215.20, 223.10, 229.10, 243.10, 261.10.40,	80750
261.10.70, 261.20.40, 261.20.50, 261.20.60, 261.20.80, 261.20.90,	80751
261.30.10, 261.30.20, 261.30.30, 261.30.40, 261.30.60, 261.30.70,	80752
261.30.80, 261.30.90, 261.40.10, 263.10, 263.10.30, 263.10.90,	80753
263.20.40, 263.20.70, 267.10, 267.10.10, 267.10.20, 267.10.40,	80754
267.30.20, 267.30.40, 279.10, 283.10, 287.10, 291.10, 307.10,	80755
309.10, 309.30.30, 309.30.33, 309.30.53, 309.30.73, 313.10,	80756
315.10, 323.10, 327.10, 335.10, 337.10, 343.10, 343.40, 365.10,	80757
367.10, 369.10, 371.10, 371.30.30, 371.50.61, 371.50.65,	80758
371.60.80, 373.10, 375.10, 379.10, 387.10, 403.10, 411.10, 415.10,	80759
503.50, and 521.70 of Am. Sub. H.B. 153 of the 129th General	80760
Assembly are hereby repealed.	80761

Section 601.43. That Section 247.10 of Am. Sub. H.B. 153 of	80762
the 129th General Assembly, as amended by Sub. H.B. 319 of the	80763
129th General Assembly, be amended to read as follows:	80764

Sec. 247.10. CEB CONTROLLING BOARD

80765

General Revenue Fund	80766

GRF	911404	Mandate Assistance	$	2,750,000	$	0	80767
GRF	911441	Ballot Advertising Costs	$	475,000	$	475,000	80768
TOTAL GRF General Revenue Fund			$	3,225,000	$	475,000	80769

General Services Fund Group	80770

5KM0	911614	CB Emergency Purposes	$	10,000,000	$	10,000,000	80771
TOTAL GSF General Services Fund Group			$	10,000,000	$	10,000,000	80772
TOTAL ALL BUDGET FUND GROUPS			$	13,225,000	$	10,475,000	80773

FEDERAL SHARE

80774

In transferring appropriations to or from appropriation items	80775
that have federal shares identified in this act, the Controlling	80776
Board shall add or subtract corresponding amounts of federal	80777
matching funds at the percentages indicated by the state and	80778
federal division of the appropriations in this act. Such changes	80779
are hereby appropriated.	80780

REDISTRICTING IMPLEMENTATION

80781

The foregoing appropriation item 911404, Mandate Assistance,	80782
shall be used in a method prescribed by the Secretary of State and	80783
transferred by the Director of Budget and Management to implement	80784
this act, which includes remapping and reprecincting counties, and	80785
reprogramming database systems and voting machines. At the end of	80786
fiscal year 2012, an amount equal to the unexpended, unencumbered	80787
portion of appropriation item 911404, Mandate Assistance, is	80788
hereby reappropriated in fiscal year 2013 for the same purpose.	80789

DISASTER SERVICES

80790

Pursuant to requests submitted by the Department of Public	80791
Safety, the Controlling Board may approve transfers from the	80792
Disaster Services Fund (5E20) to a fund and appropriation item	80793
used by the Department of Public Safety to provide for assistance	80794
to political subdivisions made necessary by natural disasters or	80795
emergencies. These transfers may be requested and approved prior	80796
to the occurrence of any specific natural disasters or emergencies	80797
in order to facilitate the provision of timely assistance. The	80798
Emergency Management Agency of the Department of Public Safety	80799
shall use the funding to fund the State Disaster Relief Program	80800
for disasters that have been declared by the Governor, and the	80801
State Individual Assistance Program for disasters that have been	80802
declared by the Governor and the federal Small Business	80803
Administration. The Ohio Emergency Management Agency shall publish	80804
and make available application packets outlining procedures for	80805
the State Disaster Relief Program and the State Individual	80806
Assistance Program.	80807

Fund 5E20 shall be used by the Controlling Board, pursuant to	80808
requests submitted by state agencies, to transfer cash and	80809
appropriations to any fund and appropriation item for the payment	80810
of state agency disaster relief program expenses for disasters	80811
declared by the Governor, if the Director of Budget and Management	80812
determines that sufficient funds exist.	80813

Upon the request of the Department of Public Safety, the	80814
Controlling Board may release up to $3,000,000 for Blanchard River	80815
flood mitigation projects.	80816

BALLOT ADVERTISING COSTS

80817

Pursuant to section 3501.17 of the Revised Code, and upon	80818
requests submitted by the Secretary of State, the Controlling	80819
Board shall approve transfers from the foregoing appropriation	80820
item 911441, Ballot Advertising Costs, to appropriation item	80821
050621, Statewide Ballot Advertising, in order to pay for the cost	80822
of public notices associated with statewide ballot initiatives.	80823

CAPITAL APPROPRIATION INCREASE FOR FEDERAL STIMULUS	80824
ELIGIBILITY	80825

A state agency director shall request that the Controlling	80826
Board increase the amount of the agency's capital appropriations	80827
if the director determines such an increase is necessary for the	80828
agency to receive and use funds under the federal American	80829
Recovery and Reinvestment Act of 2009. The Controlling Board may	80830
increase the capital appropriations pursuant to the request up to	80831
the exact amount necessary under the federal act if the Board	80832
determines it is necessary for the agency to receive and use those	80833
federal funds.	80834

Section 601.44. That existing Section 247.10 of Am. Sub. H.B.	80835
153 of the 129th General Assembly, as amended by Sub. H.B. 319 of	80836
the 129th General Assembly, is hereby repealed.	80837

Section 601.46. That Sections 261.10 and 261.20.93 of Am.	80838
Sub. H.B. 153 of the 129th General Assembly, as amended by Sub.	80839
H.B. 371 of the 129th General Assembly, be amended to read as	80840
follows:	80841

Sec. 261.10. DEV ~~DEPARTMENT OF~~ DEVELOPMENT SERVICES AGENCY

80842

General Revenue Fund	80843

GRF	195401	Thomas Edison Program	$	14,820,354	$	0	80844
GRF	195402	Coal ~~Development Office~~ Research Operating	$	260,983	$	261,205	80845
GRF	195404	Small Business Development	$	1,565,770	$	0	80846
GRF	195405	Minority Business Enterprise Division	$	1,118,528	$	0	80847
GRF	195407	Travel and Tourism	$	5,000,000	$	0 5,000,000	80848
GRF	195412	Rapid Outreach Grants	$	9,000,000	$	0	80849
GRF	195415	~~Strategic~~ Business ~~Investment Division and Regional Offices~~ Development Services	$	4,500,000	$	0 2,413,387	80850
GRF	195416	Governor's Office of Appalachia	$	3,700,000	$	~~3,700,000~~ 0	80851
GRF	195422	Technology Action	$	547,341	$	0	80852
GRF	195426	Clean Ohio Implementation	$	468,365	$	0 468,365	80853
GRF	195432	Global Markets	$	3,500,000	$	0	80854
GRF	195434	Industrial Training Grants	$	10,000,000	$	0	80855
GRF	195497	CDBG Operating Match	$	1,015,000	$	0 1,015,000	80856
GRF	195501	Appalachian Local Development Districts	$	391,482	$	~~391,482~~ 0	80857
GRF	195502	Appalachian Regional Commission Dues	$	195,000	$	~~195,000~~ 0	80858
~~GRF~~	~~195528~~	~~Economic Development Projects~~	$	0	$	~~26,943,518~~	80859
GRF	195532	Technology Programs and Grants	$	0	$	13,547,341	80860
GRF	195533	Business Assistance	$	0	$	5,899,465	80861
GRF	195535	Appalachia Assistance	$	0	$	4,286,482	80862
GRF	195901	Coal Research & Development General Obligation Debt Service	$	7,861,100	$	5,577,700	80863
GRF	195905	Third Frontier Research & Development General Obligation Debt Service	$	29,323,300	$	63,640,300	80864
GRF	195912	Job Ready Site Development General Obligation Debt Service	$	9,859,200	$	15,680,500	80865
TOTAL GRF General Revenue Fund			$	103,126,423	$	~~116,389,705~~ 118,039,745	80866

General Services Fund Group	80867

1350	195684	~~Supportive~~ Development Services Operations	$	11,700,000	$	11,700,000	80868
4W10	195646	Minority Business Enterprise Loan	$	2,500,000	$	2,500,000	80869
5AD0	195633	Legacy Projects	$	15,000,000	$	~~15,000,000~~ 18,600,000	80870
5AD0	195677	Economic Development Contingency	$	10,000,000	$	0	80871
5W50	195690	Travel and Tourism Cooperative Projects	$	50,000	$	50,000	80872
6850	195636	~~Direct Cost Recovery~~ Development Services Reimbursable Expenditures	$	750,000	$	750,000	80873
TOTAL GSF General Services Fund							80874
Group			$	40,000,000	$	~~30,000,000~~ 33,600,000	80875

Federal Special Revenue Fund Group	80876

3080	195602	Appalachian Regional Commission	$	475,000	$	475,000	80877
3080	195603	Housing ~~and Urban Development~~ Assistance Programs	$	6,000,000	$	6,000,000	80878
3080	195605	Federal Projects	$	85,028,606	$	~~85,470,106~~ 0	80879
3080	195609	Small Business Administration Grants	$	6,438,143	$	5,511,381	80880
3080	195618	Energy ~~Federal~~ Grants	$	38,000,000	$	3,400,000	80881
3080	195670	Home Weatherization Program	$	0	$	72,670,106	80882
3080	195671	Brownfield Redevelopment	$	0	$	6,800,000	80883
3080	195672	Manufacturing Extension Partnership	$	0	$	6,000,000	80884
3350	195610	Energy ~~Conservation and Emerging Technology~~ Programs	$	1,100,000	$	1,100,000	80885
3AE0	195643	Workforce Development Initiatives	$	16,300,000	$	16,300,000	80886
3DB0	195642	Federal Stimulus - Energy Efficiency & Conservation Block Grants	$	3,000,000	$	42,485	80887
3EG0	195608	~~Federal~~ Energy Sector Training Grants	$	5,000,000	$	1,344,056	80888
3K80	195613	Community Development Block Grant	$	76,795,818	$	65,210,000	80889
3K90	195611	Home Energy Assistance Block Grant	$	115,743,608	$	115,743,608	80890
3K90	195614	HEAP Weatherization	$	22,000,000	$	22,000,000	80891
3L00	195612	Community Services Block Grant	$	27,240,217	$	27,240,217	80892
3V10	195601	HOME Program	$	40,000,000	$	40,000,000	80893
TOTAL FED Federal Special Revenue							80894
Fund Group			$	443,121,392	$	389,836,853	80895

State Special Revenue Fund Group	80896

4500	195624	Minority Business Bonding Program Administration	$	160,110	$	159,069	80897
4510	195625	Economic Development Financing Operating	$	3,000,000	$	~~3,000,000~~ 0	80898
4510	195649	Business Assistance Programs	$	0	$	3,700,800	80899
4F20	195639	State Special Projects	$	180,437	$	180,436	80900
4F20	195676	Marketing Initiatives	$	5,000,000	$	0	80901
4F20	195699	Utility ~~Provided Funds~~ Community Assistance	$	500,000	$	500,000	80902
4S00	195630	Tax Incentive Programs	$	650,800	$	~~650,800~~ 0	80903
5CG0	195679	Alternative Fuel Transportation	$	750,000	$	750,000	80904
5HJ0	195604	Motion Picture Tax Credit Program	$	50,000	$	~~50,000~~ 0	80905
5HR0	195526	~~Ohio~~ Incumbent Workforce ~~Job~~ Training Vouchers	$	20,000,000	$	30,000,000	80906
5HR0	195622	Defense Development Assistance	$	5,000,000	$	5,000,000	80907
5JR0	195635	Redevelopment Program Support	$	0	$	100,000	80908
5JR0	195656	New Market Tax Credit Program	$	50,000	$	~~50,000~~ 0	80909
5KD0	195621	Brownfield Stormwater Loan	$	50,000	$	~~50,000~~ 0	80910
5KN0	195640	Local Government Innovation	$	175,000	$	44,825,000	80911
5LK0	195655	Workforce Development Programs	$	0	$	10,000,000	80912
5M40	195659	Low Income Energy Assistance (USF)	$	245,000,000	$	245,000,000	80913
5M50	195660	Advanced Energy Loan Programs	$	8,000,000	$	0	80914
5W60	195691	International Trade Cooperative Projects	$	160,000	$	160,000	80915
6170	195654	Volume Cap Administration	$	94,397	$	92,768	80916
6460	195638	Low- and Moderate- Income Housing Trust Fund	$	53,000,000	$	53,000,000	80917
TOTAL SSR State Special Revenue							80918
Fund Group			$	341,820,744	$	~~383,468,073~~ 393,468,073	80919

Facilities Establishment Fund Group	80920

5S90	195628	Capital Access Loan Program	$	1,500,000	$	1,500,000	80921
7009	195664	Innovation Ohio	$	15,000,000	$	15,000,000	80922
7010	195665	Research and Development	$	22,000,000	$	22,000,000	80923
7037	195615	Facilities Establishment	$	50,000,000	$	50,000,000	80924
TOTAL 037 Facilities							80925
Establishment Fund Group			$	88,500,000	$	88,500,000	80926

Clean Ohio Revitalization Fund	80927

7003	195663		Clean Ohio ~~Operating~~ Program		$	950,000		$	950,000		80928
TOTAL 7003 Clean Ohio Revitalization Fund					$	950,000		$	950,000		80929

Third Frontier Research & Development Fund Group	80930

7011	195686	Third Frontier Operating	$	1,149,750	$	1,149,750	80931
7011	195687	Third Frontier Research & Development Projects	$	183,850,250	$	133,850,250	80932
7014	195620	Third Frontier Operating - Tax	$	1,700,000	$	1,700,000	80933
7014	195692	Research & Development Taxable Bond Projects	$	38,300,000	$	38,300,000	80934
TOTAL 011 Third Frontier Research & Development Fund Group			$	225,000,000	$	175,000,000	80935

Job Ready Site Development Fund Group	80936

7012	195688		Job Ready Site ~~Operating~~ Program		$	800,000		$	800,000		80937
TOTAL 012 Job Ready Site Development Fund Group					$	800,000		$	800,000		80938

Tobacco Master Settlement Agreement Fund Group	80939

M087	195435	Biomedical Research and Technology Transfer	$	1,999,224	$	1,999,224	80940
TOTAL TSF Tobacco Master Settlement Agreement Fund Group			$	1,999,224	$	1,999,224	80941
TOTAL ALL BUDGET FUND GROUPS			$	1,245,317,783	$	~~1,186,943,855~~ 1,202,193,895	80942

Sec. 261.20.93. LOCAL GOVERNMENT INNOVATION FUND

80944

The foregoing appropriation item 195640, Local Government	80945
Innovation, shall be used for the purposes of making loans and	80946
grants to political subdivisions under the Local Government	80947
Innovation Program in accordance with sections 189.01 to 189.10 of	80948
the Revised Code. Of the foregoing appropriation item 195640,	80949
Local Government Innovation, up to $175,000 in fiscal year 2012	80950
and $175,000 in fiscal year 2013 shall be used for administrative	80951
costs incurred by the ~~Department of~~ Development Services Agency.	80952

On the effective date of this amendment, or as soon as	80953
possible thereafter, the Director of Budget and Management shall	80954
transfer $175,000 in cash from the General Revenue Fund to the	80955
Local Government Innovation Fund (Fund 5KN0). On July 1, 2012, or	80956
as soon as possible thereafter, the Director of Budget and	80957
Management shall transfer $44,825,000 in cash from the General	80958
Revenue Fund to the Local Government Innovation Fund (Fund 5KN0).	80959

Section 601.47. That existing Sections 261.10 and 261.20.93	80960
of Am. Sub. H.B. 153 of the 129th General Assembly, as amended by	80961
Sub. H.B. 371 of the 129th General Assembly, are hereby repealed.	80962

Section 601.50. That Section 4 of Sub. S.B. 171 of the 129th	80963
General Assembly be amended to read as follows:	80964

Sec. 4. The following agencies are retained under division	80965
(D) of section 101.83 of the Revised Code and expire on December	80966
31, 2016:	80967

AGENCY NAME	REVISED CODE OR UNCODIFIED SECTION	80968
Academic Distress Commission	3302.10	80969
Advisory Board of Governor's Office of Faith-Based and Community Initiatives	107.12	80970
Advisory Board to Assist and Advise in the Operation of the Ohio Center for Autism and Low Incidence	3323.33, 3323.34	80971
Advisory Council on Amusement Ride Safety	1711.51, 1711.52	80972
Advisory Council of Directors for Prison Labor	5145.162	80973
Advisory Council for Wild, Scenic, or Recreational River Area(s)	1547.84	80974
Advisory Committee on Livestock Exhibitions	901.71	80975
Agricultural Commodity Marketing Programs Operating Committees	924.07	80976
Agricultural Commodity Marketing Programs Coordinating Committee	924.14	80977
Alternative Energy Advisory Committee	4928.64(D)	80978
AMBER Alert Advisory Committee	5502.521	80979
Apprenticeship Council	Chapter 4139.	80980
Armory Board of Control	5911.09, 5911.12	80981
Automated Title Processing Board	4505.09(C)(1)	80982
Backflow Advisory Board	3703.21	80983
Banking Commission	1123.01	80984
Board of Directors of the Great Lakes Protection Fund	1506.22 (6161.04)	80985
Board of Directors of the Medical Liability Underwriting Association Stabilization Fund	3929.631	80986
Board of Directors of the Ohio Appalachian Center for Higher Education	3333.58	80987
Board of Directors of the Ohio Health Reinsurance Program	3924.08 - 3924.11	80988
Board of Governors of the Commercial Insurance Joint Underwriting Association	3930.03	80989
Board of Governors of the Medical Liability Underwriting Association	3929.64	80990
Board of Voting Machines Examiners	3506.05	80991
Budget Planning and Management Commission	Section 509.10, H.B. 1, 128th G.A.	80992
Brain Injury Advisory Committee	3304.231	80993
Bureau of Workers' Compensation Board of Directors	4121.12	80994
Capitol Square Review and Advisory Board	105.41	80995
Child Care Advisory Council	5104.08	80996
Child Support Guideline Advisory Council	3119.024	80997
Children's Trust Fund Board	3109.15 - 3109.17	80998
Citizen's Advisory Council	5123.092, 5123.093	80999
Clean Ohio Trail Advisory Board	1519.06	81000
Coastal Resources Advisory Council	1506.12	81001
Commission on African-American Males	4112.12, 4112.13	81002
Commission on Hispanic-Latino Affairs	121.31	81003
Commission on Minority Health	3701.78	81004
Committee on Prescriptive Governance	4723.49 - 4723.492	81005
Commodity Advisory Commission	926.32	81006
Consumer Advisory Committee to the Rehabilitation Services Commission	3304.24	81007
Continuing Education Committee	109.80(B)	81008
Council on Alcohol and Drug Addiction Services	3793.09	81009
Council on Unreclaimed Strip Mined Lands	1513.29	81010
County Sheriff's Standard Car Marking and Uniform Commission	311.25 - 311.27	81011
Credential Review Board	3319.65	81012
Credit Union Council	1733.329	81013
Criminal Sentencing Advisory Committee	181.22	81014
Data Collection and Analysis Group	3727.32	81015
Dentist Loan Repayment Advisory Board	3702.92	81016
Department Advisory Council(s)	107.18, 121.13	81017
Development Financing Advisory Council	122.40, 122.41	81018
Early Childhood Advisory Council	3301.90	81019
Education Commission of the States (Interstate Compact for Education)	3301.48, 3301.49	81020
Education Management Information System Advisory Board	3301.0713	81021
Educator Standards Board	3319.60	81022
Electrical Safety Inspector Advisory Committee	3783.08	81023
Emergency Response Commission	3750.02	81024
Engineering Experiment Station Advisory Committee	3335.27	81025
Environmental Education Council	3745.21	81026
Environmental Protection Agency Advisory Board(s)	121.13, 3704.03, 3745.01	81027
eTech Ohio Commission	3353.02 - 3353.04	81028
Ex-Offender Reentry Coalition	5120.07	81029
Farmland Preservation Advisory Board	901.23	81030
Financial Planning and Supervision Commission(s) for Municipal Corporation, County, or Township	118.05	81031
Financial Planning and Supervision Commission for a school district	3316.05	81032
Forestry Advisory Council	1503.40	81033
Governance Authority for a State University or College	3345.75	81034
Governor's Council on People with Disabilities	3303.41	81035
Governor's Policy Information Working Group	Section 313, H.B. 420, 127th G.A.	81036
Governor's Residence Advisory Commission	107.40	81037
Grain Marketing Program Operating Committee	924.20 - 924.30	81038
Great Lakes Commission (Great Lakes Basin Compact)	6161.01	81039
Gubernatorial Transition Committee	107.29, 126.26	81040
Help Me Grow Advisory Council	3701.611	81041
Hemophilia Advisory Subcommittee of the Medically Handicapped Children's Medical Advisory Council	3701.0210	81042
Homeland Security Advisory Council	5502.011(E)	81043
Hospital Measures Advisory Council	3727.31	81044
Housing Trust Fund Advisory Committee	174.06	81045
Industrial Commission Nominating Council	4121.04	81046
Industrial Technology and Enterprise Advisory Council	122.29, 122.30	81047
Infant Hearing Screening Subcommittee	3701.507	81048
Infection Control Group	3727.312(D)	81049
Insurance Agent Education Advisory Council	3905.483	81050
Interstate Rail Passenger Advisory Council	4981.35	81051
Joint Select Committee on Volume Cap	133.021	81052
Labor-Management Government Advisory Council	4121.70	81053
Legislative Programming Committee of the Ohio Government Telecommunications Service	3353.07	81054
Legislative Task Force on Redistricting, Reapportionment, and Demographic Research	103.51	81055
Maternity and Newborn Advisory Council	3711.20, 3711.21	81056
Medically Handicapped Children's Medical Advisory Council	3701.025	81057
Midwest Interstate Passenger Rail Compact Commission	4981.361	81058
Milk Sanitation Board	917.03 - 917.032	81059
Mine Subsidence Insurance Governing Board	3929.51	81060
Minority Development Financing Advisory Board	122.72, 122.73	81061
Multi-Agency Radio Communications System (MARCS) Steering Committee	Section 15.02, H.B. 640, 123rd G.A.	81062
National Museum of Afro-American History and Culture Planning Committee	149.303	81063
New African Immigrants Commission	4112.31, 4112.32	81064
Ohio Accountability Task Force	3302.021(E)	81065
Ohio Advisory Council for the Aging	173.03	81066
Ohio Agriculture License Plate Scholarship Fund Board	901.90	81067
Ohio Arts Council	Chapter 3379.	81068
Ohio Business Gateway Steering Committee	5703.57	81069
Ohio Cemetery Dispute Resolution Commission	4767.05, 4767.06	81070
Ohio Civil Rights Commission Advisory Agencies and Conciliation Councils	4112.04(B)(4)	81071
Ohio Commercial Market Assistance Plan Executive Committee	3930.02	81072
Ohio Commission on Dispute Resolution and Conflict Management	179.02 - 179.04	81073
Ohio Commission on Fatherhood	5101.34	81074
Ohio Community Service Council	121.40 - 121.404	81075
Ohio Council for Interstate Adult Offender Supervision	5149.22	81076
Ohio Cultural Facilities Commission	Chapter 3383.	81077
Ohio Cystic Fibrosis Legislative Task Force	101.38	81078
Ohio Developmental Disabilities Council	5123.35	81079
Ohio Expositions Commission	991.02	81080
Ohio Family and Children First Cabinet Council	121.37	81081
Ohio Geographically Referenced Information Program Council	125.901, 125.902	81082
Ohio Geology Advisory Council	1501.11	81083
Ohio Grape Industries Committee	924.51 - 924.55	81084
Ohio Historic Site Preservation Advisory Board	149.301	81085
Ohio Historical Society Board of Trustees	149.30	81086
Ohio Judicial Conference	105.91 - 105.97	81087
Ohio Lake Erie Commission	1506.21	81088
Ohio Legislative Commission on the Education and Preservation of State History	Section 701.05, H.B. 1, 128th G.A.	81089
Ohio Medical Quality Foundation	3701.89	81090
Ohio Parks and Recreation Council	1541.40	81091
Ohio Peace Officer Training Commission	109.71, 109.72	81092
Ohio Private Investigation and Security Services Commission	4749.021, 4743.01	81093
Ohio Public Defender Commission	120.01 - 120.03	81094
Ohio Public Library Information Network Board of Trustees	3375.65, 3375.66	81095
Ohio Quarter Horse Development Commission	3769.086	81096
Ohio Small Government Capital Improvements Commission	164.02(C)(D)	81097
Ohio Soil and Water Conservation Commission	1515.02	81098
Ohio Standardbred Development Commission	3769.085	81099
Ohio Subrogation Rights Commission	2323.44	81100
Ohio Thoroughbred Racing Advisory Committee	3769.084	81101
Ohio Transportation Finance Commission	5531.12(B) to (D)	81102
Ohio Tuition Trust Authority	3334.03, 3334.08	81103
Ohio University College of Osteopathic Medicine Advisory Committee	3337.10, 3337.11	81104
Ohio Vendors Representative Committee	3304.34, 20 USC 107	81105
Ohio War Orphans Scholarship Board	5910.02 - 5910.06	81106
Ohio Water Advisory Council	1521.031	81107
Ohio Water Resources Council Advisory Group	1521.19	81108
Ohio Water Resources Council	1521.19	81109
Oil and Gas Commission	1509.35	81110
Operating Committee of the Oil and Gas Marketing Program	1510.06, 1510.11	81111
Organized Crime Investigations Commission	177.01	81112
Pharmacy and Therapeutics Committee of the Department of Job and Family Services	5111.084	81113
Physician Assistant Policy Committee of the State Medical Board	4730.05, 4730.06	81114
Physician Loan Repayment Advisory Board	3702.81	81115
Power Siting Board	4906.02	81116
Prequalification Review Board	5525.07	81117
Private Water Systems Advisory Council	3701.346	81118
~~Public Health Council~~	~~3701.33, 3701.34~~	81119
Public Utilities Commission Nominating Council	4901.021	81120
Public Utility Property Tax Study Committee	5727.85(K)	81121
Radiation Advisory Council	3748.20	81122
Reclamation Commission	1513.05	81123
Reclamation Forfeiture Fund Advisory Board	1513.182	81124
Recreation and Resources Commission	1501.04	81125
Recycling and Litter Prevention Advisory Council	1502.04	81126
School and Ministerial Lands Divestiture Committee	501.041	81127
Savings and Loan Associations and Savings Banks Board	1181.16	81128
Second Chance Trust Fund Advisory Committee	2108.35	81129
Service Coordination Workgroup	Section 751.20, H.B. 1, 128th G.A.	81130
Ski Tramway Board	4169.02	81131
Small Business Stationary Source Technical and Environmental Compliance Assistance Council	3704.19	81132
Solid Waste Management Advisory Council	3734.51	81133
Special Commission to Consider the Suspension of Local Government Officials	3.16	81134
Speed to Scale Task Force	Section 375.60.80, H.B. 119, 128th G.A.	81135
State Agency Coordinating Group	1521.19	81136
State Audit Committee	126.46	81137
State Council of Uniform State Laws	105.21 - 105.27	81138
State Criminal Sentencing Commission	181.22 - 181.26	81139
State Fire Council	3737.81	81140
State Library Board	3375.01	81141
State Victims Assistance Advisory Council	109.91(B) and (C)	81142
Statewide Consortium of County Law Library Resource Boards	3375.481	81143
STEM Committee	3326.02	81144
Student Tuition Recovery Authority	3332.081	81145
Sunset Review Committee	101.84 - 101.87	81146
Tax Credit Authority	122.17(M)	81147
Technical Advisory Committee to Assist Director of the Ohio Coal Development Office	1551.35	81148
Technical Advisory Council on Oil and Gas	1509.38	81149
Transportation Review Advisory Council	5512.07 - 5512.09	81150
Unemployment Compensation Advisory Council	4141.08	81151
Unemployment Compensation Review Commission	4141.06	81152
Veterans Advisory Committee	5902.02(K)	81153
Volunteer Fire Fighters' Dependents Fund Boards (private volunteer)	146.02 - 146.06	81154
Volunteer Fire Fighters' Dependents Fund Boards (public)	146.02 - 146.06	81155
Water and Sewer Commission	1525.11(C)	81156
Waterways Safety Council	1547.73	81157
Wildlife Council	1531.03 - 1531.05	81158
Workers' Compensation Board of Directors Nominating Committee	4121.123	81159

Section 601.51. That existing Section 4 of Sub. S.B. 171 of	81160
the 129th General Assembly is hereby repealed.	81161

Section 601.55. That Section 701.10 of Sub. S.B. 312 of the	81162
129th General Assembly be amended to read as follows:	81163

Sec. 701.10. Notwithstanding any contrary provision in	81164
section 105.41 of the Revised Code or in any rule or procedure	81165
adopted by the Capitol Square Review and Advisory Board, the Board	81166
shall designate, not later than October 1, 2012, a prominent place	81167
on the lawn or other outside grounds of Capitol Square for the	81168
erection of a permanent memorial to victims of The Holocaust	81169
(1933-1945) and to those Ohioans who participated in the	81170
liberation of the death camps during World War II. The Ohio Arts	81171
Council and the Board shall work together to invite, accept, and	81172
evaluate proposals for the concept, design, and erection of such a	81173
memorial, and shall jointly select from among the proposals the	81174
memorial to be designed and erected at the place designated by the	81175
Capitol Square Review and Advisory Board for that purpose. Site	81176
preparation, utility placement, and other ~~preliminary~~ construction	81177
activities ~~shall be paid for with public funds. Planning~~, and	81178
planning for and designing and erecting the memorial, shall be	81179
paid for with only private contributions. The Capitol Square	81180
Foundation shall accept private contributions for those purposes,	81181
and shall deposit the contributions into the Capitol Square	81182
Holocaust Memorial Fund.	81183

Section 601.56. That existing Section 701.10 of Sub. S.B. 312	81184
of the 129th General Assembly is hereby repealed.	81185

Section 610.10. That Section 3 of Am. Sub. S.B. 160 of the	81186
121st General Assembly be amended to read as follows:	81187

Sec. 3. Sections 109.57, 109.572, 2950.08, and 2953.32~~, and~~	81188
~~3701.881~~ of the Revised Code, as amended by ~~this act~~Am. Sub. S.B.	81189
160 of the 121st General Assembly regarding employment of persons	81190
who provide direct care to older adults, and sections ~~173.41,~~	81191
3712.09, 3721.121, and 3722.151 of the Revised Code, as enacted by	81192
~~this act~~Am. Sub. S.B. 160 of the 121st General Assembly, apply	81193
only to persons who apply for employment on or after ~~the effective~~	81194
~~date of this act~~January 27, 1997.	81195

Section 610.11. That existing Section 3 of Am. Sub. S.B. 160	81196
of the 121st General Assembly is hereby repealed.	81197

Section 620.10. That Section 3 of Am. Sub. S.B. 38 of the	81198
120th General Assembly be amended to read as follows:	81199

Sec. 3. Sections 3301.54, and 5104.09~~, and 5126.28~~ of the	81200
Revised Code, as amended by ~~this act~~Am. Sub. S.B. 38 of the 120th	81201
General Assembly, and sections 109.572, 2151.86, 3301.32,	81202
3301.541, ~~3319.311~~3319.39, ~~3701.881,~~ 5104.012, 5104.013, and	81203
5153.111 of the Revised Code, as enacted by ~~this act~~Am. Sub. S.B.	81204
38 of the 120th General Assembly, apply only to persons who apply	81205
for employment for a position on or after ~~the effective date of~~	81206
~~this act~~October 29, 1993.	81207

Section 620.11. That existing Section 3 of Am. Sub. S.B. 38	81208
of the 120th General Assembly is hereby repealed.	81209

Section 650.10. That Sections 261.10.10, 261.10.20,	81210
261.10.30, 261.10.50, 261.10.60, 261.10.80, 261.10.90, 261.20.10,	81211
261.20.20, 261.20.70, 261.30.50, and 263.10.80 of Am. Sub. H.B.	81212
153 of the 129th General Assembly are hereby repealed.	81213

Section 701.10.10. OHIO STATEHOUSE SAFETY AND SECURITY STUDY

81214

The Capitol Square Review and Advisory Board and the	81215
Department of Public Safety jointly shall contract for a study of	81216
the safety and security of the Ohio Statehouse complex, including	81217
the buildings, parking garage, and grounds. The Board and the	81218
Department jointly shall determine with whom to contract. The	81219
study shall include recommendations for security protocols while	81220
providing for the health, safety, and convenience of those who	81221
work in, or visit, the statehouse. The report shall be submitted	81222
to the Capitol Square Review and Advisory Board for action not	81223
later than December 1, 2012.	81224

Section 701.23. As used in this section, "political	81225
subdivision" has the meaning defined in section 2744.01 of the	81226
Revised Code.	81227

The Auditor of State shall establish, operate, and maintain	81228
one or more web sites to serve as an online clearinghouse of	81229
information about streamlining government operations,	81230
collaboration, and shared services to reduce the cost of	81231
government in this state. The web site may be developed by the	81232
Auditor of State or through the use of outside vendors. Existing	81233
web sites may be used if their content conforms to the	81234
requirements of this section. In establishing, maintaining, and	81235
operating the online clearinghouse web site, the Auditor of State	81236
shall:	81237

(A) Use a domain name for the web site that will be easily	81238
recognized, remembered, and understood by the users of the web	81239
site;	81240

(B) Maintain the web site so that it is fully accessible to	81241
and searchable by members of the public at all times;	81242

(C) Not charge a fee to a person who accesses, searches, or	81243
otherwise uses the web site;	81244

(D) Compile information provided by political subdivisions	81245
that includes savings recommendations from performance audits,	81246
examples of shared services among communities, shared services	81247
agreements to use as templates, and other tools developed	81248
independently by the Auditor of State or requested by political	81249
subdivisions and agreed to by the Auditor of State;	81250

(E) Enable political subdivisions to register and request	81251
inclusion of their submitted information on the web site, as well	81252
as to report state and local barriers to collaboration;	81253

(F) Enable information to be accessed by key word or other	81254
useful identifiers;	81255

(G) Maintain adequate systemic security and back-up features,	81256
and develop and maintain a contingency plan for coping with and	81257
recovering from power outages, systemic failures, and other	81258
unforeseen difficulties; and	81259

(H) Maintain the web site in such a manner that it will not	81260
infringe legally protected interests, so that vulnerability of the	81261
web site to interruption because of litigation or the threat of	81262
litigation is reduced.	81263

Section 701.33. As used in this section, "political	81264
subdivision" has the meaning defined in section 2744.01 of the	81265
Revised Code.	81266

The Department of Administrative Services, by itself or by	81267
contract with another entity, shall establish, operate, and	81268
maintain a web site to serve as an online clearinghouse of	81269
information about existing joint purchasing programs between or	81270
among political subdivisions in the state. In establishing,	81271
maintaining, and operating the online clearinghouse web site, the	81272
department shall:	81273

(A) Use a domain name for the web site that will be easily	81274
recognized, remembered, and understood by the users of the web	81275
site;	81276

(B) Maintain the web site so that it is fully accessible to	81277
and searchable by members of the public at all times;	81278

(C) Not charge a fee to a person who accesses, searches, or	81279
otherwise uses the web site;	81280

(D) Compile information provided by political subdivisions	81281
about joint purchasing arrangements they are involved in that the	81282
department verifies, through meetings with various statewide	81283
associations and others, to have resulted in verifiable cost	81284
savings, and consolidate that information on the web site in a	81285
consistent manner;	81286

(E) Enable political subdivisions to register and request	81287
inclusion of their submitted information on the web site;	81288

(F) Enable information to be accessed by key word, by program	81289
name, by county, by type of product or service, and by other	81290
useful identifiers;	81291

(G) Maintain adequate systemic security and back-up features,	81292
and develop and maintain a contingency plan for coping with and	81293
recovering from power outages, systemic failures, and other	81294
unforeseen difficulties; and	81295

(H) Maintain the web site in such a manner that it will not	81296
infringe legally protected interests, so that vulnerability of the	81297
web site to interruption because of litigation or the threat of	81298
litigation is reduced.	81299

The department shall bear the expense of establishing,	81300
operating, and maintaining the online clearinghouse web site.	81301

Section 701.41. The Department of Administrative Services	81302
shall analyze opportunities to reduce travel expenses through	81303
teleconferencing and web conferencing within state government. The	81304
Department shall assess current teleconferencing capabilities	81305
within state government operations, research industry standards	81306
and best practices, and make recommendations that will optimize	81307
the use of these technologies. Not later than December 31, 2012,	81308
the Department of Administrative Services shall produce a report	81309
with its findings and shall deliver the report to the Speaker and	81310
Minority Leader of the House of Representatives, the President and	81311
Minority Leader of the Senate, and the Governor.	81312

Section 701.50. MARCS STEERING COMMITTEE AND STATEWIDE	81313
COMMUNICATIONS SYSTEM	81314

There is hereby created a Multi-Agency Radio Communications	81315
System (MARCS) Steering Committee consisting of the designees of	81316
the Directors of Administrative Services, Public Safety, Natural	81317
Resources, Transportation, Rehabilitation and Correction, and	81318
Budget and Management, and the State Fire Marshal or the State	81319
Fire Marshal's designee. The Director of Administrative Services	81320
or the Director's designee shall chair the Committee. The	81321
Committee shall provide assistance to the Director of	81322
Administrative Services for effective and efficient implementation	81323
of the MARCS system as well as develop policies for the ongoing	81324
management of the system. Upon dates prescribed by the Directors	81325
of Administrative Services and Budget and Management, the MARCS	81326
Steering Committee shall report to the Directors on the progress	81327
of MARCS implementation and the development of policies related to	81328
the system.	81329

Section 701.60. As used in this section, "business day" means	81330
a day of the week, excluding Saturday, Sunday, or a legal holiday	81331
as defined in section 1.14 of the Revised Code.	81332

Any regional council of governments that was formed and is	81333
operating before the effective date of the amendment by this act	81334
of section 167.04 of the Revised Code shall notify the Auditor of	81335
State of its existence within 30 business days after the effective	81336
date of that amendment, and shall provide on a form prescribed by	81337
the Auditor of State the information required under that section.	81338
The Auditor of State shall review the information and, within one	81339
year after the effective date of that amendment, shall issue a	81340
report to the Governor and the General Assembly. The report shall	81341
address how many regional councils of governments are operating	81342
under Chapter 167. of the Revised Code, whether those regional	81343
councils continue to meet the objectives for which regional	81344
councils were first authorized in 1967, and whether regional	81345
councils are an efficient and effective way for local governments	81346
to share services or to participate in cooperative arrangements.	81347

Section 701.70.10. (A) The construction and energy operations	81348
of the Office of the State Architect and Engineer (OSAE) under	81349
Chapters 123. and 153. are transferred and consolidated into the	81350
construction and capital funding operations of the Ohio Facilities	81351
Construction Commission (OFCC). And the Ohio School Facilities	81352
Commission (OSFC) becomes an independent agency within the Ohio	81353
Facilities Construction Commission. Notwithstanding Chapter 153.	81354
of the Revised Code, the OFCC is thereupon and thereafter	81355
successor to, assumes the power and obligations of, and otherwise	81356
constitutes the continuation of the construction and energy	81357
operations and related management functions of the OSAE as	81358
provided in the applicable sections of Chapter 153. of the Revised	81359
Code or in any agreements relating to capital expenditures for	81360
construction operations functions to which the OSAE is a party.	81361
All statutory references to the OSAE are deemed to be references	81362
to the OFCC.	81363

(B) Any activities relating to the operations and related	81364
management functions commenced but not completed by the OSAE shall	81365
be completed by the OFCC in the same manner and with the same	81366
effect as if completed by the OSAE. No validation, cure, right,	81367
privilege, remedy, obligation, or liability is lost or impaired by	81368
reason of the consolidation, and shall be administered by the	81369
OFCC. All rules, orders, and determinations related to design,	81370
planning, and construction and energy operations and related	81371
management functions of the OSAE continue in effect as rules,	81372
orders, and determinations of the OFCC, until modified or	81373
rescinded by the OFCC. The Director of the Legislative Service	81374
Commission shall renumber the OSAE rules related to the design,	81375
planning, and construction and energy operations and related	81376
management functions to reflect their transfer to the OFCC.	81377

(C) To the extent possible, all employees of the OSAE shall	81378
be transferred to the OFCC, as the OFCC determines to be necessary	81379
for the successful implementation of this section. All employees	81380
of the OSFC shall remain in their current classifications unless	81381
the OFCC determines otherwise.	81382

(D) No judicial or administrative action or proceeding, to	81383
which the OSAE or an authorized officer of either is a party, that	81384
is pending on the effective date of this section, or on such later	81385
date as may be established by an authorized officer of the OFCC	81386
and that is related to its construction, capital funding, or	81387
energy operation or related management functions, is affected by	81388
the transfer and consolidation of functions. Any such action or	81389
proceeding shall be prosecuted or defended in the name of the	81390
OFCC. On application to the court or agency, the OFCC shall be	81391
substituted for the OSAE or an authorized officer of either as a	81392
party to the action or proceeding.	81393

(E) Notwithstanding any provision of the law to the contrary,	81394
and not sooner than 90 days after the effective date of this	81395
section, and if requested by the OFCC, the Director of Budget and	81396
Management shall make budget changes made necessary by the	81397
transfer, if any, including administrative organization, program	81398
transfers, the creation of new funds, the transfer of state funds,	81399
and the consolidation of funds, as authorized by this section. The	81400
Director of Budget and Management may, if necessary, establish	81401
encumbrances or parts of encumbrances created in fiscal years 2012	81402
and 2013 in the appropriate fund and appropriation item for the	81403
same purpose and for payment to the same vendor in fiscal year	81404
2013. The established encumbrances plus any additional amounts	81405
determined to be necessary for the OFCC to perform the	81406
construction, energy, and capital funding operation and related	81407
management functions of the OSAE are hereby appropriated.	81408

(F) Not later than 30 days after the transfer and	81409
consolidation of the construction, energy, and capital funding	81410
operations and related management functions of the OSAE to the	81411
OFCC, an authorized officer of the OSAE shall certify to the OFCC	81412
the unexpended balance and location of any funds and accounts	81413
designated for building and facility operation and management	81414
functions, and the custody of such funds and accounts shall be	81415
transferred to the OFCC.	81416

(G) The OFCC and the Department of Natural Resources (DNR)	81417
shall cooperate in a study to determine which operation functions,	81418
if any, of the DNR Division of Engineering should be integrated	81419
and consolidated into the OFCC. The study shall be completed not	81420
later than December 31, 2012.	81421

Section 701.70.20. The Division of Labor in the Department of	81422
Commerce is hereby renamed the Division of Industrial Compliance	81423
on the effective date of section 121.04 of the Revised Code, as	81424
amended by this act. The Division and the Superintendent of	81425
Industrial Compliance shall have and perform all the duties,	81426
powers, and obligations of the Division and Superintendent of	81427
Labor. All rules, actions, determinations, commitments,	81428
resolutions, decisions, and agreements pertaining to the duties,	81429
powers, obligations, functions, and rights of the Division or	81430
Superintendent of Labor, in force or in effect on the effective	81431
date of section 121.04 of the Revised Code, as amended by this	81432
act, shall continue in force and effect and apply to the Division	81433
or Superintendent of Industrial Compliance as applicable and	81434
subject to any further lawful action thereon by the Division or	81435
Superintendent of Industrial Compliance. Wherever the	81436
Superintendent of Labor or Division of Labor are referred to in	81437
any provision of law, or in any agreement or document that	81438
pertains to those duties, powers, obligations, functions, and	81439
rights, the reference is to the Superintendent of Industrial	81440
Compliance or Division of Industrial Compliance, as appropriate.	81441

All authorized obligations and supplements thereto of the	81442
Superintendent and Division of Labor are binding on the	81443
Superintendent or Division of Industrial Compliance and nothing in	81444
this act impairs those obligations or rights or the obligations or	81445
rights under any contract. The renaming of the Division of Labor	81446
and Superintendent of Labor does not affect the validity of	81447
agreements or obligations made by that superintendent or division	81448
pursuant to Chapters 121., 3703., 3781., 3791., 4104., 4105., and	81449
4740. of the Revised Code or any other provisions of law.	81450

In connection with the renaming of the Division of Labor, all	81451
real property and interest therein, documents, books, money,	81452
papers, records, machinery, furnishings, office equipment,	81453
furniture, and all other property over which the Superintendent	81454
and Division of Labor have control and the rights of the	81455
Superintendent and Division of Labor to enforce or receive any of	81456
those is automatically transferred to the Superintendent and	81457
Division of Industrial Compliance without necessity for further	81458
action on the part of the Superintendent or Division of Industrial	81459
Compliance, or the Director of Commerce. Additionally, all	81460
appropriations or reappropriations made to the Superintendent and	81461
Division of Labor for the purposes of the performance of their	81462
duties, powers, and obligations, are transferred to the	81463
Superintendent and Division of Industrial Compliance to the extent	81464
of the remaining unexpended or unencumbered balance thereof,	81465
whether allocated or unallocated, and whether obligated or	81466
unobligated.	81467

Section 701.111. The new filing requirements applicable to	81468
persons who are elected or appointed to, or who are candidates	81469
for, an office of a township with a population of five thousand or	81470
more under section 102.02 of the Revised Code, as amended by this	81471
act, first apply to 2011 statements required to be filed by	81472
persons who are candidates for or serving in a township office in	81473
calendar year 2012, which shall be filed not later than ninety	81474
days after the effective date of this section.	81475

Section 701.121. (A) The state of Ohio requests that the	81476
Joint Committee on the Library of Congress approve the replacement	81477
of Ohio's statue of Governor William Allen in the National	81478
Statuary Hall Collection with a statue of Thomas Edison.	81479

(B) In accordance with the Procedure for Replacement of	81480
Statues in the National Statuary Hall Collection, Ohio submits the	81481
following information for consideration by the Joint Committee on	81482
the Library of Congress:	81483

(1) Thomas Edison, a native of Milan, Ohio, was a world	81484
famous inventor and highly successful businessperson whose	81485
inventions, such as the phonograph, the kinetoscope (a precursor	81486
to the film projector), and the first practical incandescent light	81487
bulb, have had a tremendous impact on the world. In addition to	81488
these inventions, Thomas Edison's service to the United States	81489
Government has also impacted world history. During World War I, he	81490
consulted for the government, examining inventions submitted for	81491
military use and working on defensive devices for submarines and	81492
ships. For his service, he eventually was awarded a Distinguished	81493
Service Medal by the Department of the Navy. By the time of his	81494
death, he had received over one thousand patents.	81495

Thomas Edison also has had a significant impact on the state	81496
of Ohio. He established the Edison Steel Company in Cleveland,	81497
Ohio, and established one of the first electric power stations in	81498
Tiffin, Ohio. His General Electric Company established the first	81499
industrial park in Ohio, which has employed hundreds of thousands	81500
of people over time. And the Ohio Department of Development	81501
sponsors The Thomas Edison Award, which was established in	81502
partnership with the Edison Birthplace Museum in Milan, Ohio. The	81503
Edison Birthplace Museum also has been instrumental in the	81504
issuance of a Thomas Edison stamp and commemorative silver dollar,	81505
and has received, on Thomas Edison's behalf, a posthumously	81506
awarded GRAMMY Award.	81507

Thomas Edison's impact on the world, and, in particular, on	81508
the state of Ohio, through his inventions, business endeavors, and	81509
government service, merits inclusion of a statue of him in the	81510
National Statuary Hall Collection.	81511

(2) The Ohio Statuary Hall Commission, a nonprofit Ohio	81512
corporation, was established in 2009 for the purpose of assisting	81513
with the process of recommending an Ohio citizen for statuary	81514
representation in the National Statuary Hall Collection, including	81515
raising funds and providing financial support for that effort. If	81516
the Joint Committee on the Library of Congress approves this	81517
replacement statue request, the Commission shall be responsible	81518
for the selection of a sculptor for the Thomas Edison statue as	81519
well as for paying all costs incurred for placing the Thomas	81520
Edison statue in the United States Capitol, including costs	81521
incurred for all of the following:	81522

(a) Paying the sculptor;

81523

(b) Carving or casting the statue;

81524

81525

(d) Transporting the statue and pedestal to the United States	81526
Capitol;	81527

(e) Removing and transporting the replaced statue;

81528

(f) Temporarily erecting the new statue in the Rotunda of the	81529
Capitol for the unveiling ceremony;	81530

(g) Expenses related to the unveiling ceremony; and

81531

(h) Any other expenses that the Ohio Statuary Hall Commission	81532
finds it to be necessary to incur.	81533

(C) As required by the Procedure for Replacement of Statues	81534
in the National Statuary Hall Collection, the Governor shall	81535
submit to the Architect of the Capitol a copy of this act, along	81536
with a letter from the Governor, requesting approval from the	81537
Joint Committee on the Library of Congress to replace Ohio's	81538
statue of Governor William Allen in the National Statuary Hall	81539
Collection with a statue of Thomas Edison.	81540

Section 701.131. The amendment by this act to sections	81541
107.54 and 119.032 and the enactment by this act of section	81542
119.033 of the Revised Code apply to a rule that is subjected to	81543
review under section 119.032 of the Revised Code on or after	81544
January 1, 2013. The amendment by this act to sections 107.54 and	81545
119.032 and the enactment by this act of section 119.033 of the	81546
Revised Code do not apply to a rule the review of which under	81547
section 119.032 of the Revised Code is pending on January 1, 2013.	81548
Prior law continues to apply to these proposed rules and to these	81549
rules until the rule-making or the review proceedings are	81550
completed.	81551

Section 707.10. For fiscal years 2013 and 2014, the	81552
legislative authority of a municipal corporation in a county, with	81553
a population between three hundred seventy-five thousand and four	81554
hundred thousand according to the most recent federal decennial	81555
census, may conduct a pilot program whereby the legislative	81556
authority may use up to five per cent of the aggregate amount of	81557
money deposited in the municipal corporation's sewer fund and up	81558
to five per cent of the aggregate amount of money deposited in a	81559
fund created by the municipal corporation for water-works for the	81560
purpose of extending the municipal corporation's water or sewerage	81561
system, as applicable, if both of the following apply:	81562

(A) The water or sewerage system is being extended to areas	81563
for economic development purposes.	81564

(B) The areas into which the water or sewerage system is	81565
being extended are the subject of a cooperative economic	81566
development agreement entered into by the municipal corporation	81567
under section 701.07 of the Revised Code.	81568

With regard to either fund, the legislative authority shall	81569
not exceed the five per cent limit established in this section.	81570

Section 709.11. Upon the expiration of the term of a member	81571
who is serving on the Ohio Grape Industries Committee created in	81572
section 924.51 of the Revised Code immediately prior to the	81573
effective date of this act, the Director of Agriculture shall	81574
appoint a member for a new term in accordance with that section as	81575
amended by this act.	81576

Section 733.05. Not later than ninety days after the	81577
effective date of this section, the Ohio Board of Regents shall	81578
complete a review of each entity that held the Department of	81579
Insurance's designation under section 3305.03 of the Revised Code	81580
immediately prior to the effective date of this act. In conducting	81581
the review, the Board shall comply with the applicable	81582
requirements of sections 3305.03 and 3305.031 of the Revised Code,	81583
as amended and enacted by this act.	81584

Section 733.10. (A) This section applies to a state	81585
university, as defined in section 3345.011 of the Revised Code,	81586
that has a main campus subsidy-eligible undergraduate enrollment	81587
of more than 17,000 but less than 22,000 students for fiscal year	81588
2012.	81589

(B) Notwithstanding section 3313.41 of the Revised Code, when	81590
a school district board of education decides to dispose of real	81591
property that the board owns in its corporate capacity, exceeds in	81592
value ten thousand dollars, and is located within one hundred	81593
yards of any classroom or administrative building on the main	81594
campus of the state university as described in division (A) of	81595
this section, prior to offering that property for sale under	81596
divisions (A) to (G) of section 3313.41 of the Revised Code, the	81597
board may offer that property to the board of trustees of the	81598
state university in either or both of the following manners:	81599

(1) In an "as is" condition in return for an agreement	81600
between the board of trustees and the school district board, under	81601
which the university will provide the school district with in-kind	81602
services, educational programs, or other assistance valued in the	81603
aggregate in an amount reasonably related to the appraised fair	81604
market value of the property;	81605

(2) For sale for money at a price that is not higher than the	81606
appraised fair market value of that property.	81607

(C) If the board of trustees does not accept either offer, or	81608
if the agreement is not entered into between the school district	81609
board and the board of trustees, within sixty days after the offer	81610
is made by the district board, the district board then shall offer	81611
the property for sale as provided in division (G) of section	81612
3313.41 of the Revised Code.	81613

(D) This section expires on December 31, 2012.

81614

Section 737.10. ABOLISHMENT OF THE PUBLIC HEALTH COUNCIL

81615

On the effective date of this section, the Public Health	81616
Council is abolished and the responsibilities of the Public Health	81617
Council are transferred to the Director of Health.	81618

Any business before the Public Health Council commenced but	81619
not completed before the effective date of this section shall be	81620
completed by the Director of Health. The business shall be	81621
completed in the same manner, and with the same effect, as if	81622
completed by the Director of Health immediately prior to the	81623
effective date of this section.	81624

No validation, cure, right, privilege, remedy, obligation, or	81625
liability is lost or impaired by reason of this act's abolishment	81626
of the Public Health Council and transfer of responsibility to the	81627
Director of Health. Each such validation, cure, right, privilege,	81628
remedy, obligation, or liability shall be administered by the	81629
Director of Health.	81630

All rules, orders, and determinations of the Public Health	81631
Council adopted or made immediately prior to the effective date of	81632
this section shall continue in effect as rules, orders, and	81633
determinations of the Director of Health until modified or	81634
rescinded by the Director of Health. If necessary to ensure the	81635
integrity of the numbering system of the Administrative Code, the	81636
Director of the Legislative Service Commission shall renumber the	81637
rules to reflect the transfer of the Public Health Council's	81638
responsibilities to the Director of Health.	81639

Any action or proceeding that is related to the functions or	81640
duties of the Public Health Council pending on the effective date	81641
of this section is not affected by the transfer and shall be	81642
prosecuted or defended in the name of the Director of Health. In	81643
all such actions and proceedings, the Director of Health, on	81644
application to the court, shall be substituted as a party.	81645

Section 737.20. (A) On the effective date of the amendment of	81646
the statutes governing the Division of Recycling and Litter	81647
Prevention in the Department of Natural Resources by this act or	81648
on July 1, 2012, whichever is later, the Division of Recycling and	81649
Litter Prevention is abolished, and all of its functions, together	81650
with its assets and liabilities, are transferred from within the	81651
Department of Natural Resources to within the Environmental	81652
Protection Agency.	81653

(B) Any business commenced but not completed by the Division	81654
of Recycling and Litter Prevention in the Department of Natural	81655
Resources on the effective date of the transfer shall be completed	81656
by the Environmental Protection Agency. Any validation, cure,	81657
right, privilege, remedy, obligation, or liability is not lost or	81658
impaired solely by reason of the transfer required by this section	81659
and shall be administered by the Environmental Protection Agency	81660
in accordance with this act.	81661

(C) All of the rules, orders, and determinations of the	81662
Division of Recycling and Litter Prevention in the Department of	81663
Natural Resources or of the Department of Natural Resources in	81664
relation to that Division continue in effect as rules, orders, and	81665
determinations of the Environmental Protection Agency until	81666
modified or rescinded by the Environmental Protection Agency. If	81667
necessary to ensure the integrity of the numbering of the	81668
Administrative Code, the Director of the Legislative Service	81669
Commission shall renumber rules of the Department of Natural	81670
Resources in relation to the former Division of Recycling and	81671
Litter Prevention in that Department to reflect the transfer to	81672
the Environmental Protection Agency.	81673

(D) Subject to the provisions of the applicable bargaining	81674
unit agreements, all of the positions of the Division of Recycling	81675
and Litter Prevention in the Department of Natural Resources are	81676
transferred to the Environmental Protection Agency. Employees who	81677
transfer with the positions shall retain their same or	81678
substantially similar positions and all the benefits accruing	81679
thereto. Upon completion of the transfer, the employees shall be	81680
subject to the policies and procedures of the Environmental	81681
Protection Agency.	81682

(E) Whenever the Division of Recycling and Litter Prevention	81683
in the Department of Natural Resources or the Chief of the	81684
Division of Recycling and Litter Prevention is referred to in any	81685
law, contract, or other document, the reference shall be deemed to	81686
refer to the Environmental Protection Agency or to the Director of	81687
Environmental Protection, whichever is appropriate in context.	81688

(F) Any action or proceeding pending on the effective date of	81689
the amendment of the statutes governing the Division of Recycling	81690
and Litter Prevention by this act is not affected by the transfer	81691
of the functions of that Division by this act and shall be	81692
prosecuted or defended in the name of the Environmental Protection	81693
Agency. In all such actions and proceedings, the Environmental	81694
Protection Agency, upon application to the court, shall be	81695
substituted as a party.	81696

Section 737.30. The Recycling and Litter Prevention Advisory	81697
Council created within the Environmental Protection Agency by	81698
section 3736.04 of the Revised Code, as amended and renumbered by	81699
this act, is a continuation of the Recycling and Litter Prevention	81700
Advisory Council created within the Division of Recycling and	81701
Litter Prevention in the Department of Natural Resources by	81702
section 1502.04 of the Revised Code prior to its amendment and	81703
renumbering by this act.	81704

Section 737.40. (A) As used in this section:

81705

(1) "Food service operation," "retail food establishment,"	81706
and "vending machine location" have the same meanings as in	81707
section 3717.01 of the Revised Code.	81708

(2) "Micro market" means an area or room that has displays of	81709
not more than two hundred fifty linear feet that offer either of	81710
the following:	81711

(a) Prepackaged foods that are not time- or	81712
temperature-controlled for food safety purposes;	81713

(b) Prepackaged foods that are refrigerated or frozen and	81714
time- or temperature-controlled for food safety purposes and that	81715
are stored in equipment that complies with Chapter 3717-1 of the	81716
Administrative Code.	81717

(B) Until the Director of Agriculture adopts rules under	81718
section 3717.04 of the Revised Code governing the licensure of	81719
micro markets, the operation of a micro market is exempt from the	81720
licensure requirements for retail food establishments, food	81721
service operations, and vending machine locations established	81722
under Chapter 3717. of the Revised Code. This division applies to	81723
a micro market that was previously exempted under division (B)(5)	81724
of section 3717.22 of the Revised Code by the Director from being	81725
licensed as a retail food establishment.	81726

(C) Not later than sixty days following the adoption of rules	81727
by the Director under section 3717.04 of the Revised Code	81728
governing the licensure of micro markets, the operator of a micro	81729
market shall apply for a license in accordance with those rules.	81730

Section 737.50. Not later than 30 days after the amendment by	81731
this act of section 3791.11 of the Revised Code takes effect, the	81732
Treasurer of State shall give written notice to each property	81733
owner or lessee who, under former division (D) of that section,	81734
deposited money or a surety or government-issued bond with the	81735
Treasurer of State that the money will be refunded or the bond	81736
will be released within the following time period, and that the	81737
property owner or lessee must file a bond in the manner required	81738
by division (C) of section 3791.11 of the Revised Code immediately	81739
after the refund or release:	81740

(A) If money was deposited, the Treasurer of State will	81741
refund the money to the property owner or lessee within 180 days	81742
after the effective date of section 3791.11 of the Revised Code,	81743
as amended by this act;	81744

(B) If a surety bond was deposited, the Treasurer of State	81745
will release the bond to the property owner or lessee upon the	81746
earlier of the expiration of the bond or within two years after	81747
the effective date of section 3791.11 of the Revised Code, as	81748
amended by this act;	81749

(C) If a government-issued bond was deposited, the Treasurer	81750
of State will release the bond to the property owner or lessee	81751
within 180 days after the effective date of section 3791.11 of the	81752
Revised Code, as amended by this act.	81753

Section 737.60. LUPUS EDUCATION AND AWARENESS PROGRAM

81754

(A) In establishing the Lupus Education and Awareness Program	81755
under sections 3701.77 to 3701.775 of the Revised Code, as enacted	81756
by this act, the General Assembly hereby finds the following:	81757

(1) Lupus is a serious, complex, and debilitating autoimmune	81758
disease that can cause inflammation and tissue damage to virtually	81759
any organ system in the body, including the skin, joints, other	81760
connective tissue, blood and blood vessels, heart, lungs, kidneys,	81761
and brain.	81762

(2) The Lupus Foundation of America, Inc., estimates that	81763
approximately 1.5 to 2 million Americans live with lupus.	81764

(3) According to the Centers for Disease Control and	81765
Prevention, the rate of lupus mortality has increased since the	81766
late 1970s.	81767

(4) The pain and fatigue associated with lupus can threaten	81768
the ability to live independently, maintain employment, and lead a	81769
normal life. One in five individuals with lupus is disabled by the	81770
disease, and consequently receives support from government	81771
programs, including Medicare, Medicaid, Social Security	81772
Disability, and Social Security Supplemental Income.	81773

(5) The estimated average annual cost of medical treatment	81774
for an individual with lupus is between $10,000 and $30,000; for	81775
individuals who have the most serious form of lupus, medical costs	81776
can greatly exceed this amount, causing a significant economic,	81777
emotional, and social burden to the entire family and society.	81778

(6) More than half of individuals with lupus suffer four or	81779
more years and visit three or more physicians before obtaining a	81780
diagnosis of lupus; early diagnosis of and treatment for lupus can	81781
prevent or reduce serious organ damage, disability, and death.	81782

(7) Despite the magnitude of lupus and its impact on	81783
individuals and families, health professional and public	81784
understanding of lupus remains low; only one in five Americans can	81785
provide basic information about lupus, and awareness of lupus is	81786
lowest among adults 18 to 34 years of age - the age group most	81787
likely to develop lupus.	81788

(8) Lupus is a significant national health issue that	81789
deserves a comprehensive and coordinated response by state and	81790
federal governments with involvement of the health care provider,	81791
patient, and public health communities.	81792

(B) The purpose of sections 3701.77 to 3701.775 of the	81793
Revised Code, as enacted by this act, is to create a	81794
multi-pronged, statewide program to promote public and health	81795
professional awareness and increase knowledge concerning the	81796
causes and consequences of lupus, the importance of early	81797
diagnosis and appropriate management, and effective treatment and	81798
management strategies by all of the following:	81799

(1) Conducting educational and training programs for health	81800
professionals on lupus diagnosis and management;	81801

(2) Developing and disseminating educational materials and	81802
information to patients and health professionals on lupus research	81803
results and health care services available;	81804

(3) Designing and implementing a statewide public education	81805
campaign aimed at heightening public awareness of lupus;	81806

(4) Leveraging educational and training resources and	81807
services previously developed by organizations with appropriate	81808
expertise and knowledge of lupus.	81809

Section 737.70. PILOT PROGRAM FOR OPIOID- AND	81810
ALCOHOL-DEPENDENT OFFENDERS	81811

(A) The Department of Alcohol and Drug Addiction Services	81812
shall conduct a pilot program to provide to certain	81813
opioid-dependent, alcohol-dependent, or opioid- and	81814
alcohol-dependent offenders within the criminal justice system	81815
treatment to prevent relapse into dependency, including	81816
medication-assisted treatment. The medication-assisted treatment	81817
shall be provided by using one or more drugs that constitute	81818
long-acting antagonist therapy and meet all of the following	81819
conditions:	81820

(1) There is no potential for abuse of the drugs by the	81821
person to whom they are given or through diversion of the drugs to	81822
others.	81823

(2) There is no potential for a person to become addicted to	81824
or otherwise dependent on the drugs.	81825

(3) The drugs have been approved by the United States Food	81826
and Drug Administration to prevent relapse into opioid dependency,	81827
alcohol dependency, or opioid and alcohol dependency.	81828

(B) The Department shall conduct the program in Franklin	81829
County and Scioto County and may conduct the program in any one or	81830
more other counties the Department selects. In conducting the	81831
program, the Department shall collaborate with the boards of	81832
alcohol, drug addiction, and mental health services that serve the	81833
counties included in the program. The Department also shall	81834
collaborate with the Departments of Mental Health, Job and Family	81835
Services, and Health and with any other state agency that the	81836
Department determines may be of assistance in accomplishing the	81837
objectives of the program.	81838

(C) The program shall serve not more than one hundred fifty	81839
opioid-dependent or alcohol-dependent offenders selected by the	81840
Department, each of whom meets all of the following criteria:	81841

(1) Is either being released from a community-based	81842
correctional facility or being diverted from prosecution under	81843
section 2935.36 of the Revised Code by a county drug court or	81844
municipal court;	81845

(2) Is transitioning to community-based programs as	81846
prescribed by the court;	81847

(3) Was opioid dependent, alcohol dependent, or opioid and	81848
alcohol dependent at the time of committing the offense for which	81849
the offender was most recently sentenced;	81850

(4) Resides in this state and in the offender's own	81851
court-approved residence or court-approved transitional housing.	81852

(D) A program participant shall do both of the following:

81853

(1) Commit to participate in the program for twelve months	81854
and comply with all requirements established by the program,	81855
sentencing court, and treatment providers, including testing,	81856
counseling, medication therapies, and reporting requirements;	81857

(2) Attend any on-site programming specified by the	81858
sentencing court or treatment provider.	81859

(E) Treatment under the program shall be provided by an	81860
alcohol and drug addiction program certified by the Department	81861
under section 3793.06 of the Revised Code. Treatment shall be	81862
based on an integrated service delivery model. The treatment	81863
provider shall do all of the following:	81864

(1) Conduct a professional, comprehensive substance abuse and	81865
mental health diagnostic assessment of each person who is a	81866
potential program participant to determine whether the person is	81867
opioid dependent, alcohol dependent, or opioid and alcohol	81868
dependent and would benefit from substance abuse treatment and	81869
monitoring to address the dependency;	81870

(2) Determine treatment needs for each program participant	81871
based on the diagnostic assessment;	81872

(3) Develop individualized goals and objectives for each	81873
program participant that follow guidelines provided by the	81874
Department;	81875

(4) Provide initial treatment to each program participant by	81876
persons professionally qualified to provide substance abuse	81877
counseling or treatment;	81878

(5) Provide substance abuse and co-occurring disorder	81879
treatment that includes psychosocial therapies and monthly	81880
medication-assisted treatment;	81881

(6) Provide access to long-acting antagonist therapies to the	81882
same extent that access may be provided to any other	81883
medication-assisted treatment approved by the United States Food	81884
and Drug Administration;	81885

(7) Monitor program compliance through regular urinalysis	81886
drug testing.	81887

(F) Not later than three months after the program has ended,	81888
Kent State University shall prepare a report of the findings	81889
obtained from the program, along with its recommendations, if any.	81890
The University shall include in the report data derived from the	81891
drug testing performed under the program. In preparing the report,	81892
the University shall obtain assistance from the Department of	81893
Alcohol and Drug Addition Services. When the report is complete,	81894
the University shall submit the report to the Governor; President	81895
of the Senate; Speaker of the House of Representatives;	81896
Departments of Mental Health, Job and Family Services, and Health;	81897
and any other agency the Department collaborates with in	81898
conducting the program.	81899

Section 737.81. (A) As used in this section, "source	81900
separated recyclable material" includes any material such as	81901
paper, cardboard, metal, glass, plastic, or similar material that	81902
is segregated by the producer or generator of the material in	81903
order to reuse or recycle the material.	81904

(B) On and after the effective date of this section through	81905
December 31, 2013, the board of county commissioners or board of	81906
directors of a solid waste management district shall not do any of	81907
the following:	81908

(1) Designate any new facilities or activities for the	81909
collection or processing of source separated recyclable material;	81910

(2) Exercise rulemaking authority to require source separated	81911
recyclable material to be delivered to one or more specified	81912
facilities;	81913

(3) Enter into any new contract for the collection of source	81914
separated recyclable material that requires the material to be	81915
delivered to one or more specified facilities.	81916

Any designations, rules, or contracts existing on the	81917
effective date of this section shall remain in effect and, with	81918
respect to contracts, may be renewed.	81919

(C) On and after the effective date of this section through	81920
December 31, 2013, the board of county commissioners or board of	81921
directors of a solid waste management district proposing to	81922
construct a new recycling processing facility on land owned by the	81923
district or operate a new recycling processing facility shall do	81924
so only through a competitive selection process, including	81925
competitive bidding or competitive proposals.	81926

Section 737.91. It is expected that the Futures Committee of	81927
the Ohio Association of Health Commissioners will release a report	81928
in June 2012 that evaluates the status of public health services	81929
in the state and offers ideas for the future role of boards of	81930
health and health districts in the state. The Legislative	81931
Committee on Public Health Futures shall review the Future	81932
Committee's report, and, on the basis of its review, recommend	81933
legislative and fiscal policies. The policy recommendations shall	81934
be considered for inclusion in the fiscal year 2013-2014 operating	81935
budget. The Legislative Committee, not later than October 31,	81936
2012, shall prepare a report that describes its review of the	81937
Future Committee's report, and that states, and provides	81938
explanations of, its policy recommendations. The Legislative	81939
Committee shall transmit a copy of its report to the Governor, the	81940
President and Minority Leader of the Senate, the Speaker and	81941
Minority Leader of the House of Representatives, and the	81942
chairpersons of the committees of the Senate and House of	81943
Representatives that will consider the public health phase of the	81944
2013-2014 operating budget. Upon transmitting its report, the	81945
Legislative Committee ceases to exist.	81946

There is the Legislative Committee on Public Health Futures.	81947
Each of the following associations shall appoint one individual to	81948
the Legislative Committee: the County Commissioners Association of	81949
Ohio, the Ohio Township Association, the Department of Health, the	81950
Association of Ohio Health Commissioners, the Ohio Public Health	81951
Association, the Ohio Environmental Health Association, the Ohio	81952
Boards of Health Association, the Ohio Municipal League, and the	81953
Ohio Hospital Association. The President and Minority Leader of	81954
the Senate each shall appoint one member of the Senate to the	81955
Legislative Committee. The Speaker and Minority Leader of the	81956
House of Representatives each shall appoint one member of the	81957
House of Representatives to the Legislative Committee.	81958
Appointments shall be made as soon as possible but not later than	81959
thirty days after the effective date of this section. Vacancies on	81960
the Legislative Committee shall be filled in the same manner as	81961
the original appointment.	81962

As soon as all members have been appointed to the Legislative	81963
Committee, the President of the Senate shall fix a time and place	81964
for the committee to hold its first meeting. At that meeting, the	81965
committee shall elect from among its membership a chairperson, a	81966
vice-chairperson, and a secretary. The Director of Health shall	81967
provide the Legislative Committee with meeting and office space,	81968
equipment, and professional, technical, and clerical staff as are	81969
necessary to enable the Legislative Committee successfully to	81970
complete its work.	81971

Section 747.10.10. (A) The Manufactured Homes Commission	81972
shall adopt the rules required by section 4781.26 of the Revised	81973
Code as amended by this act not later than December 1, 2012. After	81974
adopting the rules, the Commission immediately shall notify the	81975
Director of Health.	81976

(B)(1) The rules governing manufactured home parks adopted by	81977
the Public Health Council under former section 3733.02 of the	81978
Revised Code shall remain in effect in a health district until the	81979
Commission adopts rules under section 4781.26 of the Revised Code	81980
as amended by this act.	81981

(2) On the effective date of the rules adopted by the	81982
Commission as required by section 4781.26 of the Revised Code as	81983
amended by this act, the Public Health Council rules adopted under	81984
former section 3733.02 of the Revised Code cease to be effective	81985
within the jurisdiction of that board of health.	81986

(C) No board of health of a city or general health district	81987
shall invoice or collect manufactured home park licensing fees for	81988
calendar year 2013.	81989

(D) As used in this section:

81990

(1) "Manufactured home park," "board of health," and "health	81991
district" have the same meanings as in section 4781.01 of the	81992
Revised Code, as amended by this act.	81993

(2) "Public Health Council" means the Public Health Council	81994
created by section 3701.33 of the Revised Code.	81995

Section 747.10.20. Any manufactured home park license and	81996
inspection fees collected pursuant to former section 3733.04 of	81997
the Revised Code by a board of health prior to the transition of	81998
the annual license and inspection program to the Manufactured	81999
Homes Commission as required under this act in the amount of two	82000
thousand dollars or less may be transferred to the health fund of	82001
the city or general health district. Any of those funds in excess	82002
of two thousand dollars shall be transferred to the Manufactured	82003
Homes Commission Regulatory Fund created in section 4781.54 of the	82004
Revised Code as enacted by this act.	82005

Section 747.10.30. Notwithstanding the original term of the	82006
appointment, the term of the Manufactured Homes Commission member	82007
who was appointed by the Governor as a representative of the	82008
Department of Health pursuant to division (B)(2)(b) of section	82009
4781.02 of the Revised Code shall end on the effective date of	82010
that section as amended by this act. The initial term of the	82011
registered sanitarian appointed to the Manufactured Homes	82012
Commission pursuant to section 4781.02 of the Revised Code, as	82013
amended by this act, shall expire on the date when the	82014
representative of the Department of Health's term would have	82015
expired, but for this section.	82016

Section 747.20.10. On the effective date of the amendments	82017
made to section 4765.02 of the Revised Code by this act, the	82018
member of the renamed State Board of Emergency Medical, Fire, and	82019
Transportation Services who is an administrator of an adult or	82020
pediatric trauma center shall cease to be a member of the Board.	82021
On the effective date of the amendments made to section 4765.02 of	82022
the Revised Code by this act, the member of the renamed State	82023
Board of Emergency Medical, Fire, and Transportation Services who	82024
is a member of the Ohio Ambulance Association shall cease to be a	82025
member of the Board. On the effective date of the amendments made	82026
to section 4765.02 of the Revised Code by this act, the member of	82027
the renamed State Board of Emergency Medical, Fire, and	82028
Transportation Services who is a physician certified by the	82029
American board of surgery, American board of osteopathic surgery,	82030
American osteopathic board of emergency medicine, or American	82031
board of emergency medicine, is chief medical officer of an air	82032
medical agency, and is currently active in providing emergency	82033
medical services shall cease to be a member of the Board. On the	82034
effective date of the amendments made to section 4765.02 of the	82035
Revised Code by this act, of the members of the renamed State	82036
Board of Emergency Medical, Fire, and Transportation Services who	82037
were EMTs, advanced EMTs, or paramedics and were appointed to the	82038
Board in that capacity, only the members who are designated by the	82039
Governor to continue to be members of the Board shall continue to	82040
be so; the other persons shall cease to be members of the Board.	82041
On the effective date of the amendments made to section 4765.02 of	82042
the Revised Code by this act, the member of the renamed State	82043
Board of Emergency Medical and Transportation Services who is a	82044
registered nurse and is in the active practice of emergency	82045
nursing shall cease to be a member of the Board. Not later than	82046
sixty days after the effective date of those amendments, the	82047
Governor shall appoint to the renamed State Board of Emergency	82048
Medical and Transportation Services a registered nurse with EMS	82049
certification who is in the active practice of critical care	82050
nursing. The Governor shall appoint this member from among three	82051
persons nominated by the Ohio Nurses Association, three persons	82052
nominated by the Ohio Association of Critical Care Transport, and	82053
three persons nominated by the Ohio State Council of the Emergency	82054
Nurses Association.	82055

On the effective date of the amendments made to section	82056
4765.02 of the Revised Code by this act, all members of the former	82057
State Board of Emergency Medical Services who do not cease to be	82058
members of the renamed State Board of Emergency Medical, Fire, and	82059
Transportation Services by the terms of this act shall continue to	82060
be members of the renamed State Board of Emergency Medical, Fire,	82061
and Transportation Services, and the dates on which the terms of	82062
the continuing members expire shall be the dates on which their	82063
terms as members of the former State Board of Emergency Medical	82064
Services expired. On the effective date of the amendments made to	82065
section 4765.02 of the Revised Code by this act, the following	82066
members of the former Ohio Medical Transportation Board shall	82067
become members of the State Board of Emergency Medical, Fire, and	82068
Transportation Services, and the dates on which those members'	82069
terms on the State Board of Emergency Medical, Fire, and	82070
Transportation Services expire shall be as follows:	82071

(A) The person who owns or operates a private emergency	82072
medical service organization operating in this state, as	82073
designated by the Governor, term ends November 12, 2012;	82074

(B) The person who owns or operates a nonemergency medical	82075
service organization that provides only ambulette services, term	82076
ends November 12, 2012;	82077

(C) The person who is a member of the Ohio Association of	82078
Critical Care Transport and represents air-based services, term	82079
ends November 12, 2013.	82080

(D) The person who is a member of the Ohio Association of	82081
Critical Care Transport and represents a ground-based mobile	82082
intensive care unit organization, term ends November 12, 2013.	82083

All subsequent terms of office for these six positions on the	82084
State Board of Emergency Medical, Fire, and Transportation	82085
Services shall be for three years as provided in section 4765.02	82086
of the Revised Code.	82087

Section 747.20.20. TRANSFER OF THE MEDICAL TRANSPORTATION	82088
BOARD TO THE DEPARTMENT OF PUBLIC SAFETY	82089

On July 1, 2012, the Medical Transportation Board and all of	82090
its functions are transferred to the Department of Public Safety.	82091
As of such date, the Medical Transportation Board shall operate	82092
under the Department of Public Safety, which shall assume all of	82093
the Board's functions. All assets, liabilities, any capital	82094
spending authority related thereto, and equipment and records,	82095
regardless of form or medium, related to the Medical	82096
Transportation Board's functions are transferred to the Department	82097
of Public Safety on July 1, 2012.	82098

No validation, cure, right, privilege, remedy, obligation, or	82099
liability is lost or impaired by reason of the transfer. All of	82100
the Medical Transportation Board's rules, orders, and	82101
determinations continue in effect as rules, orders, and	82102
determinations of the Department of Public Safety until modified	82103
or rescinded by the Department of Public Safety.	82104

Subject to the lay-off provisions of sections 124.321 to	82105
124.328 of the Revised Code, all employees of the Medical	82106
Transportation Board are transferred to the Department of Public	82107
Safety and shall retain their positions and all benefits accruing	82108
thereto.	82109

No action or proceeding pending on July 1, 2012, is affected	82110
by the transfer and any action or proceeding pending on July 1,	82111
2012, shall be prosecuted or defended in the name of the	82112
Department of Public Safety or its director. In all such actions	82113
and proceedings, the Department of Public Safety or its director,	82114
upon application to the court, shall be substituted as a party.	82115

On or after July 1, 2012, notwithstanding any provision of	82116
law to the contrary, the Director of Budget and Management shall	82117
take any action with respect to budget changes made necessary by	82118
the transfer. The Director may transfer cash balances between	82119
funds. The Director may cancel encumbrances and reestablish	82120
encumbrances or parts of encumbrances as needed in the fiscal year	82121
in the appropriate fund and appropriation item for the same	82122
purpose and to the same vendor. As determined by the Director,	82123
encumbrances reestablished in the fiscal year in a different fund	82124
or appropriation item used by an agency or between agencies are	82125
appropriated. The Director shall reduce each year's appropriation	82126
balances by the amount of the encumbrance canceled in their	82127
respective funds and appropriation item. Any unencumbered or	82128
unallocated appropriation balances from the previous fiscal year	82129
may be transferred to the appropriate appropriation item to be	82130
used for the same purposes, as determined by the Director. Any	82131
such transfers are hereby appropriated.	82132

Section 747.31. A licensee whose license is in a voluntary	82133
hold status under Chapter 4735. of the Revised Code on the	82134
effective date of this section may apply to the Superintendent of	82135
the Division of Real Estate and Professional Licensing for	82136
reactivation of the license in accordance with rules adopted by	82137
the Ohio Real Estate Commission or may apply to place the license	82138
in a resigned status within the ninety-day period after the	82139
effective date of this section. The license of a licensee who does	82140
not reactivate or resign a license that is in a voluntary hold	82141
status on the effective date of this section shall be	82142
automatically suspended. A suspended license may be reactivated	82143
within twelve months of the date of suspension, provided that the	82144
renewal fee plus a penalty fee of fifty per cent of the renewal	82145
fee is paid to the Superintendent. Failure to reactivate the	82146
suspended license within twelve months as provided in this section	82147
shall result in automatic revocation of the license without the	82148
taking of any action by the Superintendent.	82149

Section 751.03. TRANSFER OF MEDICAID AND CHILDREN'S HEALTH	82150
INSURANCE PROGRAM	82151

(A) Notwithstanding the amendments made by this act to	82152
section 5111.01 of the Revised Code:	82153

(1) The Office of Medical Assistance shall not replace the	82154
Department of Job and Family Services as the single state agency	82155
to supervise the administration of Medicaid until the replacement	82156
is approved by the United States Centers for Medicare and Medicaid	82157
Services if such approval is needed.	82158

(2) A contract regarding Medicaid or the Children's Health	82159
Insurance Program that is in effect on the effective date of this	82160
section shall continue to be operated in accordance with the	82161
contract's terms until the contract is amended, expires, or is	82162
terminated.	82163

(B) Subject to division (A)(1) of this section:

82164

(1) The Office of Medical Assistance is responsible for	82165
entering into contracts regarding Medicaid and the Children's	82166
Health Insurance Program on or after the effective date of this	82167
section.	82168

(2) Any rules of the Department of Job and Family Services	82169
regarding Medicaid or the Children's Health Insurance Program that	82170
are in effect on the effective date of this section are hereby	82171
rules of the Office of Medical Assistance and the Medical	82172
Assistance Director may amend or rescind the rules in a manner	82173
consistent with the statutes that authorize the rules.	82174

(C) The Director of Job and Family Services and Medical	82175
Assistance Director shall collaborate as necessary to provide for	82176
the Office of Medical Assistance to assume the Department of Job	82177
and Family Services' duties and authorities regarding Medicaid and	82178
the Children's Health Insurance Program.	82179

(D) It is the General Assembly's intent to amend the laws	82180
governing Medicaid and the Children's Health Insurance Program to	82181
replace references to the Director of Job and Family Services with	82182
references to the Medical Assistance Director and to replace	82183
references to the Department of Job and Family Services with	82184
references to the Office of Medical Assistance as appropriate in	82185
the context of transferring authority for those programs from the	82186
Department of Job and Family Services to the Office of Medical	82187
Assistance.	82188

Section 751.05. FISCAL YEAR 2013 QUALITY BONUS PAYMENTS TO	82189
NURSING FACILITIES	82190

(A) As used in this section:

82191

(1) "Medicaid days," "nursing facility," and "provider" have	82192
the same meanings as in section 5111.20 of the Revised Code.	82193

(2) "Point days" means the product of the following:

82194

(a) A qualifying nursing facility's quality bonus points for	82195
fiscal year 2013;	82196

(b) The number of the qualifying nursing facility's Medicaid	82197
days in fiscal year 2012.	82198

(3) "Qualifying nursing facility" means a nursing facility	82199
that qualifies for a quality bonus for fiscal year 2013 as	82200
determined under division (C) of this section.	82201

(4) "Quality bonus points" means the amount determined by	82202
subtracting five from the number of points awarded to a qualifying	82203
nursing facility under division (C) of section 5111.244 of the	82204
Revised Code for fiscal year 2013.	82205

(B) In addition to the quality bonuses, if any, to be paid to	82206
nursing facilities in accordance with section 5111.245 of the	82207
Revised Code for fiscal year 2013, quality bonuses also shall be	82208
paid to nursing facilities in accordance with this section for	82209
fiscal year 2013.	82210

(C) Not later than July 31, 2012, the Department of Job and	82211
Family Services shall pay a nursing facility provider a quality	82212
bonus for fiscal year 2013 if the provider's nursing facility is	82213
awarded more than five points under division (C) of section	82214
5111.244 of the Revised Code for fiscal year 2013 and at least one	82215
of the points is awarded to the nursing facility pursuant to	82216
division (C)(10), (11), (12), (13), or (14) of that section.	82217

(D) The total quality bonus to be paid to the provider of a	82218
qualifying nursing facility for fiscal year 2013 shall equal the	82219
product of the following:	82220

(1) The quality bonus per Medicaid day for the fiscal year	82221
determined for the provider's qualifying nursing facility under	82222
division (E) of this section;	82223

(2) The number of the qualifying nursing facility's Medicaid	82224
days in fiscal year 2012.	82225

(E) A qualifying nursing facility's quality bonus per	82226
Medicaid day for fiscal year 2013 shall be the product of the	82227
following:	82228

(1) The nursing facility's quality bonus points for fiscal	82229
year 2013;	82230

(2) The quality bonus per point for fiscal year 2013	82231
determined under division (F) of this section.	82232

(F) The quality bonus per point for fiscal year 2013 shall be	82233
determined as follows:	82234

(1) Determine the number of each qualifying nursing	82235
facility's point days for fiscal year 2013.	82236

(2) Determine the sum of all qualifying nursing facilities'	82237
point days for fiscal year 2013.	82238

(3) Divide thirty million dollars by the sum determined under	82239
division (F)(2) of this section.	82240

(G) The calculation of a qualifying nursing facility's bonus	82241
payment is not subject to appeal under Chapter 119. of the Revised	82242
Code.	82243

(H) The Director of Job and Family Services may adopt rules	82244
under section 5111.02 of the Revised Code as necessary to	82245
implement this section.	82246

Section 751.10. LICENSURE OF ICFs/MR AS RESIDENTIAL	82247
FACILITIES	82248

(A) Until July 1, 2013, a person or government agency that,	82249
on the effective date of this section, operates an intermediate	82250
care facility for the mentally retarded pursuant to a nursing home	82251
license issued under Chapter 3721. of the Revised Code shall not	82252
be subject to a penalty under section 5123.99 of the Revised Code	82253
for operating the facility without a license issued under section	82254
5123.19 of the Revised Code notwithstanding sections 5123.20 and	82255
5123.99 of the Revised Code.	82256

(B) Notwithstanding the amendments by this act to sections	82257
3702.62, 3721.01, and 5123.19 of the Revised Code and the repeal	82258
by this act of section 5123.192 of the Revised Code, an	82259
intermediate care facility for the mentally retarded that is	82260
licensed as a nursing home under Chapter 3721. of the Revised Code	82261
on the effective date of this section shall continue to be a	82262
nursing home for the purposes for which it is considered to be a	82263
nursing home under the law in effect on the day immediately	82264
preceding the effective date of those amendments and that repeal	82265
until the earliest of the following:	82266

(1) The date that the facility's nursing home license is	82267
revoked or voided under section 3721.07 of the Revised Code;	82268

(2) The date that a residential facility license is obtained	82269
for the facility under section 5123.19 of the Revised Code;	82270

(3) July 1, 2013.

82271

(C) Notwithstanding the amendment by this act to section	82272
3721.21 of the Revised Code, a nursing home or part of a nursing	82273
home certified as an intermediate care facility for the mentally	82274
retarded on the effective date of this section shall continue to	82275
be excluded from the definition of "long-term care facility" in	82276
that section for as long as it is certified as an intermediate	82277
care facility for the mentally retarded.	82278

(D) Notwithstanding the amendment by this act to section	82279
3721.50 of the Revised Code, a nursing home or part of a nursing	82280
home licensed under section 3721.02 or 3721.09 of the Revised Code	82281
that is certified as an intermediate care facility for the	82282
mentally retarded on the effective date of this section shall	82283
continue to be exempt from the franchise permit fee under sections	82284
3721.50 to 3721.58 of the Revised Code and instead subject to the	82285
franchise permit fee under sections 5112.30 to 5112.39 of the	82286
Revised Code for as long as it is certified as an intermediate	82287
care facility for the mentally retarded.	82288

(E) Notwithstanding the amendment by this act to section	82289
5123.41 of the Revised Code, a nursing home or part of a nursing	82290
home that is certified as an intermediate care facility for the	82291
mentally retarded on the effective date of this section shall	82292
continue to be a residential facility for the purpose of section	82293
5123.41 of the Revised Code for as long as it is certified as an	82294
intermediate care facility for the mentally retarded or is	82295
licensed under section 5123.19 of the Revised Code.	82296

(F) Notwithstanding the amendment by this act to section	82297
5126.51 of the Revised Code, a nursing home or part of a nursing	82298
home that is certified as an intermediate care facility for the	82299
mentally retarded on the effective date of this section shall	82300
continue to be a residential facility for the purpose of section	82301
5126.51 of the Revised Code for as long as it is certified as an	82302
intermediate care facility for the mentally retarded or otherwise	82303
meets the definition of "residential facility" in section 5123.19	82304
of the Revised Code.	82305

Section 751.10.10. ADULT CARE FACILITY LICENSURE TRANSITION

82306

Pursuant to the amendment and repeal by this act of sections	82307
5119.22, 5119.70 to 5119.88, and 5119.99 of the Revised Code, the	82308
Director of Mental Health may convert an adult care facility's	82309
license in effect immediately before the effective date of this	82310
section to a license as a residential facility. Until the Director	82311
converts the license or issues an order denying the conversion,	82312
the adult care facility's license is deemed to be a residential	82313
facility license. All rules, orders, and determinations pertaining	82314
to the adult care facility license continue in effect as rules,	82315
orders, and determinations pertaining to the residential facility	82316
license.	82317

Section 751.12. TRANSITION FOR CERTIFIED ADULT FOSTER HOMES

82318

Pursuant to the amendment and repeal by this act of sections	82319
5119.22, 5119.692, and 5119.693 of the Revised Code, the Director	82320
of Mental Health may convert an adult foster home's certification	82321
in effect immediately before the effective date of this section to	82322
a license as a residential facility. Until the Director converts	82323
the certification or issues an order denying the conversion, the	82324
adult foster home's certification is deemed to be a residential	82325
facility license. All rules, orders, and determinations pertaining	82326
to the adult foster home's certification continue in effect as	82327
rules, orders, and determinations pertaining to the residential	82328
facility license.	82329

Section 751.15. AGING IN PLACE PILOT PROGRAM

82330

(A) As used in this section:

82331

(1) "Aging in Place administrator" means the organization	82332
that contracts with the Department of Aging pursuant to division	82333
(E) of this section to administer the Aging in Place pilot	82334
program.	82335

(2) "Nursing home" and "residential care facility" have the	82336
same meanings as in section 3721.01 of the Revised Code.	82337

(3) "Residential facility" means a residential facility as	82338
defined in section 5119.22 or a residential facility as defined in	82339
section 5123.19 of the Revised Code.	82340

(4) "Veteran" means either of the following:

82341

(a) A former member of the armed forces of the United States	82342
who served on active military duty and received an honorable	82343
discharge or honorable separation;	82344

(b) A member of the United States army transport service or	82345
the United States naval transport service who has an honorable	82346
report of separation from the active duty military service, form	82347
DD214 or DD215.	82348

(B) The Department of Aging shall establish the Aging in	82349
Place pilot program in Butler, Clermont, Hamilton, and Warren	82350
counties. Up to one hundred eighty eligible individuals may enroll	82351
in the pilot program to receive home repairs and modifications	82352
that are covered by the pilot program. The pilot program shall be	82353
operated for two years.	82354

(C) To be eligible to enroll in the Aging in Place pilot	82355
program, an individual must meet all of the following	82356
requirements:	82357

(1) The individual must be at least fifty years of age or a	82358
veteran of any age.	82359

(2) The individual must be a resident of one of the counties	82360
in which the pilot program is established.	82361

(3) The individual must reside in a private residence that is	82362
not a nursing home, residential care facility, residential	82363
facility, or other facility that may not operate legally without a	82364
license, certificate, or other authority issued by an agency of	82365
this state or a political subdivision of this state.	82366

(4) The individual or a member of the individual's household	82367
must own the private residence in which the individual resides.	82368

(5) The individual must be at risk of moving to a nursing	82369
home or residential care facility due to a medical condition.	82370

(6) The private residence in which the individual resides	82371
must be in need of a repair or modification covered by the pilot	82372
program.	82373

(7) The individual must meet any other requirements specified	82374
in rules adopted under this section.	82375

(D) The Aging in Place pilot program shall cover home repairs	82376
and modifications specified in rules adopted under this section.	82377

(E) The Department of Aging shall contract with an	82378
organization that meets all of the following requirements to	82379
administer the Aging in Place pilot program:	82380

(1) It must have been founded not later than 1975.

82381

(2) It must provide professional and critical home repair and	82382
modification services to individuals who reside in the counties in	82383
which the pilot program is established and have low incomes or are	82384
elderly or disabled.	82385

(3) It must be exempt from federal income taxation under	82386
section 501(a) and described in section 501(c)(3) of the "Internal	82387
Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C. 501, as amended.	82388

(F) The Aging in Place administrator may help coordinate the	82389
home repairs and modifications provided under the Aging in Place	82390
pilot program with home health services that individuals enrolled	82391
in the pilot program receive under the Medicaid program or other	82392
programs.	82393

(G) The Aging in Place administrator shall seek	82394
nongovernmental funds to help pay the costs of the Aging in Place	82395
pilot program.	82396

(H) The Department of Job and Family Services shall apply to	82397
the United States Secretary of Health and Human Services for a	82398
federal Medicaid waiver to make the Aging in Place pilot program a	82399
component of the Medicaid program. If the waiver is granted, the	82400
Department of Job and Family Services shall enter into an	82401
interagency agreement with the Department of Aging under section	82402
5111.91 of the Revised Code regarding the Department of Aging's	82403
duties under this section and the Department of Aging shall	82404
establish the pilot program as a Medicaid component. If the waiver	82405
is not granted, the Department of Aging shall establish the pilot	82406
program as a non-Medicaid program.	82407

(I) The Director of Aging shall adopt rules in accordance	82408
with Chapter 119. of the Revised Code as necessary to implement	82409
this section. If the Aging in Place pilot program is established	82410
as a Medicaid component, the Director of Job and Family Services	82411
shall adopt any rules that are necessary for the Director of Aging	82412
to be able to adopt the rules for the pilot program.	82413

(J) Not later than ninety days after the termination of the	82414
Aging in Place pilot program, the Department of Aging shall	82415
prepare a report regarding the pilot program. On completion of the	82416
report, the Department shall submit it to the Governor and, in	82417
accordance with section 101.68 of the Revised Code, the General	82418
Assembly. The report shall include the Department's conclusions	82419
regarding all of the following:	82420

(1) The number of individuals in the state who would benefit	82421
from the services covered by the pilot program if the services	82422
were made available statewide;	82423

(2) How governmental and nongovernmental resources can be	82424
leveraged most efficiently to make the services available	82425
statewide;	82426

(3) The costs, if any, that the Medicaid program and other	82427
governmental health care programs would incur if the services were	82428
available statewide;	82429

(4) The impact that the services would have on the quality of	82430
patient care and treatment;	82431

(5) The impact that the services would have on the	82432
communities in which they would be provided;	82433

(6) The overall costs and benefits to the state that the	82434
services would have.	82435

Section 751.20. The amendments by this act to Section 3 of	82436
Am. Sub. S.B. 38 of the 120th General Assembly eliminate the	82437
exemptions from the requirements of sections 3701.881 and 5126.28	82438
of the Revised Code that Section 3 of that act gave to persons	82439
who, before October 29, 1993, were employed or had applied for	82440
employment in positions covered by sections 3701.881 and 5126.28	82441
of the Revised Code. The amendments by this act to Section 3 of	82442
Am. Sub. S.B. 160 of the 121st General Assembly eliminate the	82443
exemptions from the requirements of sections 173.41 (as	82444
subsequently renumbered as 173.394) and 3701.881 of the Revised	82445
Code that Section 3 of that act gave to persons who, before	82446
January 27, 1997, were employed or had applied for employment in	82447
positions covered by sections 173.41 (173.394) and 3701.881 of the	82448
Revised Code. The exemptions are eliminated in conjunction with	82449
this act's amendments to sections 173.394, 3701.881, and 5123.081	82450
of the Revised Code and the repeal of section 5126.28 of the	82451
Revised Code so that the Directors of Aging, Health, and	82452
Developmental Disabilities may adopt rules under those amended	82453
sections to make persons formerly exempt from the requirements of	82454
sections 173.394, 3701.881, and 5126.28 of the Revised Code	82455
subject to the requirements of sections 173.394, 3701.881, and	82456
5123.081 of the Revised Code.	82457

Section 753.11. (A) Notwithstanding section 3313.41 of the	82458
Revised Code, during the period beginning June 30, 2005, and	82459
ending December 31, 2005, a school district board of education in	82460
support of economic development within the territory of the	82461
district may dispose of real property that it owns in its	82462
corporate capacity, and that exceeds in value ten thousand	82463
dollars, by direct sale in lieu of offering the property for sale	82464
at public auction as provided in division (A) of that section, in	82465
lieu of offering the property for sale to an entity listed in	82466
division (C) of that section, or in lieu of offering the property	82467
for sale to a community school as provided in division (G) of that	82468
section, if all of the following conditions are satisfied:	82469

(1) The real property is encumbered by easements, liens, or	82470
other use restrictions that benefit the person acquiring the	82471
property under this section;	82472

(2) The real property was part of or adjacent to real	82473
property previously disposed of by the board of education;	82474

(3) The real property when sold will be used for commercial	82475
development.	82476

(B) Notwithstanding division (A)(3) of this section, on or	82477
after the effective date of this section, the real property may be	82478
used for residential development as well as commercial	82479
development.	82480

Section 753.13. That Section 2 of Am. Sub. S.B. 63 of the	82481
121st General Assembly is repealed.	82482

This repeal releases the use, ownership, and conveyance	82483
restrictions, and rescinds the state's right of reversion, with	82484
respect to real estate conveyed to the City of Broadview Heights	82485
under Section 1 of Am. Sub. S.B. 63 of the 121st General Assembly.	82486

Section 753.14. Within thirty days after the effective date	82487
of Section 753.13 of this act, the Auditor of State, with the	82488
assistance of the Attorney General, shall, consistent with that	82489
section, prepare a deed to the real estate. The deed shall be	82490
executed by the Governor in the name of the state, countersigned	82491
by the Secretary of State, sealed with the Great Seal of the	82492
State, presented in the office of the Auditor of State for	82493
recording, and delivered to the City of Broadview Heights. The	82494
City of Broadview Heights shall present the deed for recording in	82495
the Office of the Cuyahoga County Recorder.	82496

Section 755.10. One year after the effective date of this	82497
act, the Director of the Department of Rehabilitation and	82498
Correction, after consultation with the State Highway Patrol, the	82499
Department of Public Safety, the Fraternal Order of Police of	82500
Ohio, and the Buckeye State Sheriff's Association, shall submit a	82501
written report to the Governor, the President of the Senate, the	82502
Speaker of the House of Representatives, the minority leader of	82503
the Senate, and the minority leader of the House of	82504
Representatives on the effectiveness of the State Highway Patrol's	82505
authority to enforce the criminal laws in the Lake Erie	82506
Correctional Institution pursuant to section 5503.03 of the	82507
Revised Code, as amended by this act.	82508

Section 757.10. A board of township trustees or the	82509
legislative authority of a municipal corporation to which section	82510
5705.19 or 5705.252 of the Revised Code applies, as enacted or	82511
amended by this act, may adopt the resolution proposing the levy	82512
of the tax or the combined questions authorized by those	82513
enactments or amendments and certify a copy of the resolution to	82514
the proper county board of elections as otherwise prescribed by	82515
law after this act becomes law and before the effective date of	82516
those enactments or amendments, requesting that the board of	82517
elections submit the proposal to the electors at the general	82518
election occurring on November 6, 2012. The board of elections,	82519
upon receiving a properly certified copy of such a resolution not	82520
later than four p.m. on August 8, 2012, shall submit the proposal	82521
to electors at that election as otherwise provided under section	82522
5705.25 or 5705.252 of the Revised Code, and such actions of the	82523
board of township trustees, municipal legislative authority, and	82524
board of elections are hereby ratified.	82525

Section 757.20. As used in this section, "qualified property"	82526
means real property that either:	82527

(A) Satisfies the qualifications for tax exemption under the	82528
terms of section 5709.07 of the Revised Code and is owned by a	82529
church as defined in that section;	82530

(B) Satisfies the qualifications for tax exemption under the	82531
terms of section 5709.08 of the Revised Code and is owned by a	82532
township that acquired the property from a county.	82533

Notwithstanding section 5713.081 of the Revised Code, when	82534
qualified property has not received tax exemption due to a failure	82535
to comply with Chapter 5713. or section 5715.27 of the Revised	82536
Code, the current owner of the property, or the prior owner of the	82537
property requesting exemption from prior taxes, at any time on or	82538
before twelve months after the effective date of this section, may	82539
file with the Tax Commissioner an application requesting that the	82540
property be placed on the tax-exempt list and that all unpaid	82541
taxes, penalties, and interest on the property be abated.	82542

The application shall be made on the form prescribed by the	82543
Tax Commissioner under section 5715.27 of the Revised Code and	82544
shall list the name of the county in which the property is	82545
located; the property's legal description; its taxable value; the	82546
amount in dollars of the unpaid taxes, penalties, and interest;	82547
the date of acquisition of title to the property; the use of the	82548
property during any time that the unpaid taxes accrued; and any	82549
other information required by the Tax Commissioner. The county	82550
auditor shall supply the required information upon request of the	82551
applicant.	82552

Upon request of the applicant, the county treasurer shall	82553
determine if all taxes, penalties, and interest that became a lien	82554
on the qualified property before it first was used for an exempt	82555
purpose and all special assessments charged against the property	82556
have been paid in full. If so, the county treasurer shall issue a	82557
certificate to the applicant stating that all such taxes,	82558
penalties, interest, and assessments have been paid in full. Prior	82559
to filing the application with the Tax Commissioner, the applicant	82560
shall attach the county treasurer's certificate to it. The Tax	82561
Commissioner shall not consider an application filed under this	82562
section unless such a certificate is attached to it.	82563

Upon receipt of the application and after consideration of	82564
it, the Tax Commissioner shall determine if the applicant meets	82565
the qualifications set forth in this section, and if so shall	82566
issue an order directing that the property be placed on the	82567
tax-exempt list of the county and that all unpaid taxes,	82568
penalties, and interest for every year the property met the	82569
qualifications for exemption described in section 5709.07 or	82570
5709.08 of the Revised Code be abated. If the Tax Commissioner	82571
finds that the property is not now being so used or is being used	82572
for a purpose that would foreclose its right to tax exemption, the	82573
Tax Commissioner shall issue an order denying the application.	82574

If the Tax Commissioner finds that the property is not	82575
entitled to tax exemption and to the abatement of unpaid taxes,	82576
penalties, and interest for any of the years for which the current	82577
or prior owner claims an exemption or abatement, the Tax	82578
Commissioner shall order the county treasurer of the county in	82579
which the property is located to collect all taxes, penalties, and	82580
interest due on the property for those years in accordance with	82581
law.	82582

The Tax Commissioner may apply this section to any qualified	82583
property that is the subject of an application for exemption	82584
pending before the Tax Commissioner on the effective date of this	82585
section, without requiring the property owner to file an	82586
additional application. The Tax Commissioner also may apply this	82587
section to any qualified property that is the subject of an	82588
application for exemption filed on or after the effective date of	82589
this section and on or before twelve months after that effective	82590
date, even though the application does not expressly request	82591
abatement of unpaid taxes, penalties, and interest.	82592

Section 757.51. The amendment by this act of section 5713.03	82593
of the Revised Code applies to the first tax year, after tax year	82594
2012, to which division (A) or (B) of section 5715.24 of the	82595
Revised Code applies in the county.	82596

Section 757.61. The General Assembly hereby declares that the	82597
intent of the amendment by this act of section 5739.02 of the	82598
Revised Code is to clarify the law as it existed prior to the	82599
amendment by this act of that section.	82600

Section 806.10. The items of law contained in this act, and	82601
their applications, are severable. If any item of law contained in	82602
this act, or if any application of any item of law contained in	82603
this act, is held invalid, the invalidity does not affect other	82604
items of law contained in this act and their applications that can	82605
be given effect without the invalid item of law or application.	82606

Section 809.10. Sections 301.11 to 301.15 of this act are	82607
and remain in full force and effect commencing on July 1, 2012,	82608
and terminating on June 30, 2014, for the purpose of drawing money	82609
from the state treasury in payment of liabilities lawfully	82610
incurred under those sections, and on June 30, 2014, and not	82611
before, the moneys hereby appropriated lapse into the funds from	82612
which they are severally appropriated. If, under Section 1c of	82613
Article II, Ohio Constitution, Sections 301.11 to 301.15 of this	82614
act do not take effect until after July 1, 2012, the sections are	82615
and remain in full force and effect commencing on that effective	82616
date.	82617

Section 812.10. Sections subject to referendum: general	82618
effective date. Except as otherwise provided in this act, the	82619
amendment, enactment, or repeal by this act of a section is	82620
subject to the referendum under Ohio Constitution, Article II,	82621
Section 1c and therefore takes effect on the ninety-first day	82622
after this act is filed with the Secretary of State.	82623

Section 812.11. Sections subject to referendum: special	82624
effective date. The amendment by this act of sections 4735.01,	82625
4735.02, 4735.052, 4735.10, 4735.13, 4735.14, 4735.141, and	82626
4735.142 of the Revised Code is subject to the referendum under	82627
Ohio Constitution, Article II, Section 1c and takes effect on the	82628
ninetieth day after the day on which this section takes effect.	82629

Section 812.20. Sections exempt from referendum: general	82630
effective date. The amendment, enactment, or repeal by this act of	82631
the following sections is exempt from the referendum under Ohio	82632
Constitution, Article II, Section 1d and section 1.471 of the	82633
Revised Code and therefore takes effect immediately when this act	82634
becomes law:	82635

Sections 145.01, 145.012, 167.04, 306.04, 306.36, 340.091,	82636
901.54, 2927.023, 2945.371, 2945.38, 2945.39, 2945.40, 2945.401,	82637
3125.41, 3734.131, 3734.15, 3743.06, 3743.19, 3752.06, 4163.07,	82638
4303.22, 4501.01, 4501.06, 4503.81, 4506.01, 4506.03, 4506.22,	82639
4506.25, 4511.78, 4513.50, 4905.01, 4905.02, 4905.03, 4905.05,	82640
4905.06, 4905.402, 4905.54, 4905.57, 4905.58, 4905.80, 4905.801,	82641
4905.81, 4905.82, 4905.83, 4905.84, 4907.01, 4907.02, 4907.04,	82642
4907.08, 4907.19, 4907.28, 4907.35, 4907.37, 4907.43, 4907.49,	82643
4907.57, 4907.59, 4907.60, 4907.61, 4907.62, 4909.01, 4909.02,	82644
4909.03, 4909.17, 4909.22, 4909.24, 4909.28, 4911.01, 4919.75,	82645
4919.76, 4919.77, 4919.78, 4919.79, 4919.99, 4921.01, 4921.02,	82646
4921.03, 4921.04, 4921.05, 4921.06, 4921.07, 4921.08, 4921.09,	82647
4921.10, 4921.101, 4921.11, 4921.12, 4921.13, 4921.14, 4921.15,	82648
4921.16, 4921.17, 4921.18, 4921.19, 4921.20, 4921.21, 4921.23,	82649
4921.24, 4921.25, 4921.26, 4921.27, 4921.28, 4921.30, 4921.31,	82650
4921.32, 4921.34, 4921.35, 4921.36, 4921.37, 4921.38, 4921.39,	82651
4921.40, 4921.99, 4923.01, 4923.02, 4923.03, 4923.04, 4923.05,	82652
4923.06, 4923.07, 4923.08, 4923.09, 4923.10, 4923.11, 4923.12,	82653
4923.13, 4923.14, 4923.15, 4923.17, 4923.20, 4923.26, 4923.99,	82654
4927.01, 4929.01, 4929.02, 4933.18, 4933.19, 4939.01, 4953.04,	82655
4961.03, 4965.54, 5119.691, 5503.02, 5503.34, 5743.031, and	82656
5751.033 of the Revised Code.	82657

Section 205.10 of Am. Sub. H.B. 114 of the 129th General	82658
Assembly, as amended by Am. Sub. H.B. 153 of the 129th General	82659
Assembly.	82660

Section 201 of Sub. H.B. 123 of the 129th General Assembly.

82661

Section 1 of H.B. 124 of the 129th General Assembly.

82662

Sections 205.10, 207.10, 207.10.80, 207.20.10, 207.20.30,	82663
207.20.90, 209.10, 209.30, 211.10, 215.10, 223.10, 229.10, 243.10,	82664
261.10, 261.10.10, 261.10.20, 261.10.30, 261.10.40, 261.10.50,	82665
261.10.60, 261.10.70, 261.10.80, 261.10.90, 261.20.10, 261.20.20,	82666
261.20.40, 261.20.50, 261.20.60, 261.20.70, 261.20.80, 261.20.90,	82667
261.30.10, 261.30.20, 261.30.30, 261.30.40, 261.30.50, 261.30.60,	82668
261.30.70, 261.30.80, 261.30.90, 261.40.10, 263.10, 263.10.30,	82669
263.10.90, 263.20.40, 263.20.70, 267.10, 267.10.20, 267.10.40,	82670
267.30.40, 279.10, 283.10, 287.10, 291.10, 307.10, 309.10, 313.10,	82671
315.10, 323.10, 327.10, 335.10, 337.10, 343.10, 343.40, 365.10,	82672
367.10, 369.10, 371.10, 371.30.30, 371.50.61, 371.50.65,	82673
371.60.80, 373.10, 375.10, 379.10, 387.10, 403.10, 411.10, 415.10,	82674
503.50, and 521.70 of Am. Sub. H.B. 153 of the 129th General	82675
Assembly.	82676

Section 247.10 of Am. Sub. H.B. 153 of the 129th General	82677
Assembly, as amended by Sub. H.B. 319 of the 129th General	82678
Assembly.	82679

Sections 261.10 and 261.20.93 of Am. Sub. H.B. 153 of the	82680
129th General Assembly, as amended by Sub. H.B. 371 of the 129th	82681
General Assembly.	82682

Sections 701.70.10, 701.80, and 733.10 of this act.

82683

Sections 812.20 and 812.21 of this act.

82684

Section 812.30 of this act insofar as it refers to parts of	82685
sections that are exempt from the referendum.	82686

Section 812.21. Sections exempt from the referendum: special	82687
effective date. The amendment by this act of sections 3313.976,	82688
3313.978, and 3313.979 of the Revised Code is exempt from the	82689
referendum under Ohio Constitution, Article II, Section 1d and	82690
section 1.471 of the Revised Code and is therefore entitled to	82691
take effect immediately when this act becomes law. However, the	82692
amendment of those sections takes effect on July 1, 2012, or the	82693
date this act becomes law, whichever is later.	82694

Section 812.30. Mixed sections: general effective dates. The	82695
sections listed in the left-hand column of the following table	82696
combine amendments by this act that are and that are not exempt	82697
from the referendum. The middle column identifies amendments to	82698
the listed sections that are subject to the referendum under Ohio	82699
Constitution, Article II, Section 1c and therefore take effect on	82700
the ninety-first day after this act is filed with the Secretary of	82701
State. The right-hand column identifies amendments to the listed	82702
sections that are exempt from the referendum under Ohio	82703
Constitution, Article II, Section 1d and section 1.471 of the	82704
Revised Code and therefore take effect immediately when this act	82705
becomes law.	82706

Section of law	Amendments subject to referendum	Amendments exempt from referendum	82707
4905.90	The amendment in division (A)	All amendments except as described in the middle column	82708
5111.941	The amendment that inserts division (A)(4)	All amendments except as described in the middle column	82709
5119.61	All amendments except as described in the right-hand column	The amendment in division (A) striking "(C)" and inserting "(D)" and the amendment in division (F) striking "abuse" and inserting "addiction"	82710
5119.69	The amendments in relettered divisions (D)(1)(b) and (c)	All amendments except as described in the middle column	82711
5502.01	All amendments except as described in the right-hand column	The amendment in division (F)	82712

Section 815.20. The General Assembly, applying the principle	82713
stated in division (B) of section 1.52 of the Revised Code that	82714
amendments are to be harmonized if reasonably capable of	82715
simultaneous operation, finds that the following sections,	82716
presented in this act as composites of the sections as amended by	82717
the acts indicated, are the resulting versions of the sections in	82718
effect prior to the effective date of the sections as presented in	82719
this act:	82720

Section 102.02 of the Revised Code as amended by both Am.	82721
Sub. H.B. 153 and Sub. S.B. 171 of the 129th General Assembly.	82722

Section 121.04 of the Revised Code as amended by both Am.	82723
Sub. H.B. 153 and Sub. H.B. 229 of the 129th General Assembly.	82724

Section 123.01 of the Revised Code as amended by both Am.	82725
Sub. H.B. 133 and Am. Sub. H.B. 153 of the 129th General Assembly.	82726

Section 124.11 of the Revised Code as amended by both Am.	82727
Sub. H.B. 1 and Sub. S.B. 79 of the 128th General Assembly.	82728

Section 149.43 of the Revised Code as amended by both Sub.	82729
H.B. 64 and Am. Sub. H.B. 153 of the 129th General Assembly.	82730

Section 1923.01 of the Revised Code as amended by both Sub.	82731
H.B. 56 and Am. Sub. S.B. 10 of the 127th General Assembly.	82732

Section 1923.02 of the Revised Code as amended by both Sub.	82733
H.B. 56 and Am. Sub. S.B. 10 of the 127th General Assembly.	82734

Section 3301.55 of the Revised Code as amended by both Am.	82735
Sub. H.B. 1 and Sub. S.B. 79 of the 128th General Assembly.	82736

Section 4123.54 of the Revised Code as amended by both Am.	82737
Sub. H.B. 562 and Am. Sub. S.B. 334 of the 127th General Assembly.	82738

Section 4731.22 of the Revised Code as amended by both H.B.	82739
78 and Am. Sub. H.B. 93 of the 129th General Assembly.	82740